STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
100TH LEGISLATIVE DAY
FRIDAY, FEBRUARY 25, 2000
10:00 O'CLOCK A.M.
NO. 100
[February 25, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 100th Legislative Day Action Page(s) Adjournment........................................ 71 Balanced Budget Note Note Requested................ 7 Change of Sponsorship.............................. 14 Committee on Rules Referrals....................... 6 Correctional Budget & Impact Note Requested........ 8 Fiscal Note Requested.............................. 7 Fiscal Notes Supplied.............................. 7 Home Rule Notes Requested.......................... 7 Judicial Note Requested............................ 8 Pension Impact Note Supplied....................... 8 Quorum Roll Call................................... 5 Re-referred to the Committee on Rules.............. 6 State Debt Impact Note Withdrawn................... 8 State Mandate Note Supplied........................ 7 State Mandate Notes Requested...................... 7 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 0260 Recall............................................. 17 HB 0992 Recall............................................. 18 HB 1776 Committee Report-Floor Amendment/s................. 12 HB 2880 Recall............................................. 46 HB 2880 Second Reading..................................... 46 HB 2924 Committee Report-Floor Amendment/s................. 13 HB 2924 Second Reading - Amendment/s....................... 51 HB 2961 Second Reading..................................... 14 HB 2967 Committee Report-Floor Amendment/s................. 6 HB 2967 Second Reading - Amendment/s....................... 25 HB 3005 Committee Report-Floor Amendment/s................. 6 HB 3005 Second Reading - Amendment/s....................... 19 HB 3036 Committee Report-Floor Amendment/s................. 11 HB 3049 Committee Report-Floor Amendment/s................. 6 HB 3049 Second Reading - Amendment/s....................... 19 HB 3093 Committee Report-Floor Amendment/s................. 6 HB 3093 Second Reading - Amendment/s....................... 68 HB 3113 Second Reading - Amendment/s....................... 35 HB 3132 Third Reading...................................... 66 HB 3216 Committee Report................................... 12 HB 3229 Second Reading - Amendment/s....................... 19 HB 3254 Recall............................................. 64 HB 3267 Second Reading..................................... 14 HB 3287 Third Reading...................................... 63 HB 3360 Second Reading - Amendment/s....................... 15 HB 3420 Third Reading...................................... 64 HB 3482 Second Reading - Amendment/s....................... 17 HB 3490 Committee Report-Floor Amendment/s................. 6 HB 3500 Third Reading...................................... 63 HB 3535 Recall............................................. 18 HB 3538 Third Reading...................................... 66 HB 3557 Committee Report-Floor Amendment/s................. 6 HB 3557 Second Reading - Amendment/s....................... 23 HB 3559 Committee Report-Floor Amendment/s................. 12 HB 3559 Second Reading - Amendment/s....................... 46 HB 3610 Committee Report-Floor Amendment/s................. 13 HB 3610 Second Reading - Amendment/s....................... 49 HB 3831 Second Reading..................................... 14
3 [February 25, 2000] Bill Number Legislative Action Page(s) HB 3838 Committee Report-Floor Amendment/s................. 6 HB 3838 Second Reading - Amendment/s....................... 21 HB 3881 Third Reading...................................... 46 HB 3926 Third Reading...................................... 66 HB 3929 Second Reading..................................... 14 HB 3936 Second Reading - Amendment/s....................... 14 HB 3979 Third Reading...................................... 66 HB 3995 Third Reading...................................... 66 HB 4039 Committee Report-Floor Amendment/s................. 6 HB 4039 Second Reading - Amendment/s....................... 38 HB 4047 Third Reading...................................... 18 HB 4070 Third Reading...................................... 67 HB 4116 Recall............................................. 18 HB 4118 Second Reading..................................... 14 HB 4119 Second Reading - Amendment/s....................... 67 HB 4136 Second Reading..................................... 14 HB 4176 Third Reading...................................... 18 HB 4182 Committee Report-Floor Amendment/s................. 6 HB 4182 Second Reading - Amendment/s....................... 26 HB 4231 Third Reading...................................... 66 HB 4263 Committee Report-Floor Amendment/s................. 6 HB 4267 Third Reading...................................... 64 HB 4348 Third Reading...................................... 67 HB 4349 Second Reading - Amendment/s....................... 18 HB 4369 Committee Report-Floor Amendment/s................. 6 HB 4409 Second Reading..................................... 17 HB 4409 Third Reading...................................... 46 HB 4450 Third Reading...................................... 66 HB 4478 Committee Report................................... 13 HB 4482 Second Reading..................................... 14 HB 4703 Second Reading - Amendment/s....................... 67 HR 0561 Adoption........................................... 14 HR 0607 Adoption........................................... 69 HR 0608 Adoption........................................... 69 HR 0609 Adoption........................................... 69 HR 0610 Adoption........................................... 69 HR 0611 Adoption........................................... 69 HR 0613 Adoption........................................... 69 HR 0614 Adoption........................................... 69 HR 0615 Adoption........................................... 69 HR 0616 Adoption........................................... 69 HR 0617 Adoption........................................... 69 HR 0620 Adoption........................................... 35 HR 0620 Committee Report................................... 6 SB 0043 Committee Report................................... 6 SB 0043 House Refuse to Recede - Appoint Members........... 35 SB 0239 Second Reading..................................... 19 SB 0452 Third Reading...................................... 45 SB 0807 First Reading...................................... 69 SB 0807 Senate Message - Passage of Senate Bill............ 10 SB 1276 First Reading...................................... 69 SB 1276 Senate Message - Passage of Senate Bill............ 9 SB 1278 First Reading...................................... 69 SB 1281 Senate Message - Passage of Senate Bill............ 10 SB 1288 First Reading...................................... 69 SB 1288 Senate Message - Passage of Senate Bill............ 10 SB 1302 Senate Message - Passage of Senate Bill............ 9 SB 1304 First Reading...................................... 69 SB 1338 First Reading...................................... 69 SB 1338 Senate Message - Passage of Senate Bill............ 9 SB 1339 First Reading...................................... 69 SB 1339 Senate Message - Passage of Senate Bill............ 9 SB 1382 Senate Message - Passage of Senate Bill............ 9 SB 1391 First Reading...................................... 69
[February 25, 2000] 4 Bill Number Legislative Action Page(s) SB 1391 Senate Message - Passage of Senate Bill............ 10 SB 1393 Senate Message - Passage of Senate Bill............ 10 SB 1404 Senate Message - Passage of Senate Bill............ 11 SB 1426 First Reading...................................... 69 SB 1426 Senate Message - Passage of Senate Bill............ 10 SB 1439 First Reading...................................... 69 SB 1439 Senate Message - Passage of Senate Bill............ 9 SB 1440 First Reading...................................... 69 SB 1440 Senate Message - Passage of Senate Bill............ 10 SB 1446 First Reading...................................... 69 SB 1446 Senate Message - Passage of Senate Bill............ 9 SB 1447 Senate Message - Passage of Senate Bill............ 10 SB 1453 Senate Message - Passage of Senate Bill............ 11 SB 1503 First Reading...................................... 69 SB 1504 First Reading...................................... 69 SB 1504 Senate Message - Passage of Senate Bill............ 10 SB 1510 First Reading...................................... 69 SB 1510 Senate Message - Passage of Senate Bill............ 10 SB 1513 Senate Message - Passage of Senate Bill............ 9 SB 1514 Senate Message - Passage of Senate Bill............ 10 SB 1524 First Reading...................................... 69 SB 1537 First Reading...................................... 69 SB 1540 First Reading...................................... 69 SB 1540 Senate Message - Passage of Senate Bill............ 10 SB 1550 Senate Message - Passage of Senate Bill............ 10 SB 1567 First Reading...................................... 69 SB 1567 Senate Message - Passage of Senate Bill............ 10 SB 1577 Senate Message - Passage of Senate Bill............ 9 SB 1588 Senate Message - Passage of Senate Bill............ 11 SB 1602 First Reading...................................... 69 SB 1613 First Reading...................................... 69 SB 1613 Senate Message - Passage of Senate Bill............ 9 SB 1626 Senate Message - Passage of Senate Bill............ 11 SB 1636 First Reading...................................... 69 SB 1645 First Reading...................................... 69 SB 1653 First Reading...................................... 69 SB 1653 Senate Message - Passage of Senate Bill............ 9 SB 1655 First Reading...................................... 69 SB 1655 Senate Message - Passage of Senate Bill............ 11 SB 1657 First Reading...................................... 69 SB 1657 Senate Message - Passage of Senate Bill............ 9 SB 1658 Senate Message - Passage of Senate Bill............ 11 SB 1672 Senate Message - Passage of Senate Bill............ 9 SB 1674 Senate Message - Passage of Senate Bill............ 9 SB 1680 Senate Message - Passage of Senate Bill............ 9 SB 1707 Senate Message - Passage of Senate Bill............ 11 SB 1718 First Reading...................................... 69 SB 1733 Senate Message - Passage of Senate Bill............ 11 SB 1841 First Reading...................................... 69 SB 1841 Senate Message - Passage of Senate Bill............ 11 SB 1851 Senate Message - Passage of Senate Bill............ 11 SB 1852 First Reading...................................... 69 SB 1852 Senate Message - Passage of Senate Bill............ 9 SB 1876 First Reading...................................... 69 SB 1876 Senate Message - Passage of Senate Bill............ 11 SB 1885 First Reading...................................... 69 SB 1885 Senate Message - Passage of Senate Bill............ 11 SB 1888 First Reading...................................... 69 SB 1888 Senate Message - Passage of Senate Bill............ 11 SB 1923 First Reading...................................... 69 SB 1923 Senate Message - Passage of Senate Bill............ 9 SB 1929 First Reading...................................... 69 SJR 0059 Senate Message..................................... 70
5 [February 25, 2000] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Allen Speer with the First Baptist Church in Golconda, Illinois. Representative Delgado 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: 114 present. (ROLL CALL 1) By unanimous consent, Representatives Cowlishaw, Hassert and Stroger were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Erwin will replace Representative Woolard in the Committee on Agriculture & Conservation, for today only. Representative Brosnahan will replace Representative Garrett in the Committee on Tobacco Settlement Proceeds Distribution, for today only. Representative Hoffman will replace Representative Garrett in the Committee on Aging, for today only. Representative Howard will replace Representative Franks, and Representative Erwin will replace Representative Feigenholtz in the Committee on State Government Administration, for today only. Representative Delgado will replace Representative Osterman, and Representative McKeon will replace Representative Osterman in the Committee on Elections & Campaign Reform, for today only. Representative Fritchey replaced Representative Flowers, Representative Hannig replaced Representative Feigenholtz, and Representative Hoffman replaced Representative Osterman in the Committee on Appropriations-Human Services on February 24, 2000. Representative Monique Davis replaced Representative Franks in the Committee on State Government Administration on February 24, 2000. Representative Kenner replaced Representative Lou Jones in the Committee on Appropriations-Public Safety on February 23, 2000. Representative Joseph Lyons replaced Representative Fritchey, and Representative Giglio replaced Representative Gash in the Committee on Appropriations-General Services on February 23, 2000. Representative Lang replaced Representative Stroger in the Committee on Labor & Commerce on February 22, 2000. Representative Hannig replaced Representative Murphy in the Committee on Appropriations - Elementary & Secondary on February 22, 2000. Representative McAuliffe replaced Representative Coulson, and Representative Saviano replaced Representative Wirsing in the Committee on Human Services on February 24, 2000. Representative Cross will replace Representative Cowlishaw, and Representative Tenhouse will replace Representative Saviano in the Committee on Aging, for today only. Representative Wirsing will replace Representative John Jones, and Representative Tenhouse will replace Representative John Turner in the Committee on Agriculture & Conservation, for today only. Representative Black will replace Representative Bill Mitchell in the Committee on Agriculture & Conservation, for today only. Representative Kosel will replace Representative Bill Mitchell in the Committee on State Government Administration, for today only. Representative Cross will replace Representative Ryder in the Committee on Rules on February 24, 2000. Representative Wojcik replaced Representative Hassert, and Representative Cross replaced Representative Beaubien in the Committee on Executive on February 24, 2000. Representative Cross replaced Representative Hoeft in the Committee on Labor & Commerce on February 22, 2000. Representative Rutherford replaced Representative Beaubien in the
[February 25, 2000] 6 Committee on Revenue on February 22, 2000. Representative Black replaced Representative Moffitt in the Committee on State Procurement on February 22, 2000. Representative Cross replaced Representative Ryder in the Committee on Rules on February 17, 2000. RE-REFERRED TO THE COMMITTEE ON RULES The following bills were re-referred to the Committee on Rules pursuant to Rule 19(a): HOUSE BILLS 2933, 3203, 3206, 3209, 3210, 3213, 3215, 3281, 3282, 3305, 3306, 3459, 4166, 4167, 4175, 4358, 4360, 4361, 4363, 4367, 4390, 4395, 4403, 4434, 4515, 4521, 4539, 4540, 4541, 4542, 4543, 4544, 4548, 4551, 4552, 4553, 4557, 4558, 4559, 4560, 4561, 4567, 4569, 4570, 4571, 4574 and 4575. 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. 1 to HOUSE BILL 2967. Amendment No. 1 to HOUSE BILL 3005. Amendment No. 3 to HOUSE BILL 3049. Amendment No. 2 to HOUSE BILL 3093. Amendment No. 1 to HOUSE BILL 3490. Amendment No. 1 to HOUSE BILL 3557. Amendment No. 2 to HOUSE BILL 3838. Amendment No. 3 to HOUSE BILL 4039. Amendment No. 2 to HOUSE BILL 4182. Amendment No. 1 to HOUSE BILL 4263. Amendment No. 1 to HOUSE BILL 4369. The committee roll call vote on the following Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse 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 bill be reported "approved for consideration" and be placed on the order of Non-Concurrence: SENATE BILL 43. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 620. The committee roll call vote on the following Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig Y Tenhouse A 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 Children & Youth: House Amendment 1 to HOUSE BILL
7 [February 25, 2000] 4336. Committee on Executive: House Amendment 2 to HOUSE BILL 3007. Committee on Human Services: House Amendment 3 to HOUSE BILL 298 and Committee on Insurance: House Amendment 3 to HOUSE BILL 2980. Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE BILL 2991. Committee on Judiciary II-Criminal Law: House Amendment 1 to HOUSE BILL 3986 and House Amendment 1 to HOUSE BILL 4072. Committee on Local Government: House Amendment 1 to HOUSE BILL 3131. Committee on State Government Administration: House Amendment 2 to HOUSE BILL 3610. Committee on Mental Health & Patient Abuse: House Amendment 1 to HOUSE BILL 3681. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that Fiscal Notes be supplied for HOUSE BILLS 2924, as amended and 3036, as amended. Representative Black requested that a Fiscal Note be supplied for HOUSE BILL 4039, as amended. Representative Bugielski requested that a Fiscal Note be supplied for HOUSE BILL 3490, as amended. FISCAL NOTES SUPPLIED A Fiscal Notes have been supplied for HOUSE BILLS 1776, as amended, 3093, as amended 3254, as amended, 3360, as amended, 3423, as amended, 3858, 4349 and 4525. REQUEST FOR STATE MANDATE NOTES Representative Tenhouse requested that State Mandate Notes be supplied for HOUSE BILLS 2924 and 3036, as amended. Representative Black requested that a State Mandate Note be supplied for HOUSE BILL 4039, as amended. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for HOUSE BILL 3254, as amended. REQUEST FOR HOME RULE NOTES Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 4039, as amended. Representative Tenhouse requested that a Home Rule Notes be supplied for HOUSE BILL 3036, as amended. REQUEST FOR BALANCED BUDGET NOTE NOTE Representative Tenhouse requested that a Balanced Budget Note Note be supplied for HOUSE BILL 2924, as amended.
[February 25, 2000] 8 REQUEST FOR JUDICIAL NOTE Representative Black requested that a Judicial Note be supplied for HOUSE BILL 4039, as amended. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Black requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 4039, as amended. STATE DEBT IMPACT NOTE WITHDRAWN Representative Black withdrew his request for a State Debt Impact Note on HOUSE BILL 2924, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for HOUSE BILL 3036, 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 passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1276 A bill for AN ACT to amend the Property Tax Code by changing Sections 12-20, 12-55, and 16-115. SENATE BILL NO. 1302 A bill for AN ACT to amend the Township Code by changing Sections 115-20 and 115-105. SENATE BILL NO. 1338 A bill for AN ACT in relation to State finance. SENATE BILL NO. 1339 A bill for AN ACT to amend the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 by changing Sections 3-1, 3-2, 3-4, 3-6, 3A-1, 3A-2, 3A-3, 3A-5, 3C-1, 3C-3, 3C-7, and 4-23. SENATE BILL NO. 1382 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 21-1.3. SENATE BILL NO. 1439 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 201. SENATE BILL NO. 1446 A bill for AN ACT to amend the School Code by adding Section 2-3.33a. SENATE BILL NO. 1513 A bill for AN ACT to amend the North Shore Sanitary District Act by changing Section 11. SENATE BILL NO. 1577
9 [February 25, 2000] A bill for AN ACT creating the Southwest Suburban Railroad Redevelopment Authority. SENATE BILL NO. 1613 A bill for AN ACT concerning the care of Alzheimer's disease patients. SENATE BILL NO. 1653 A bill for AN ACT to amend the Public Utilities Act by changing Sections 4-202, 4-203, 5-202, and 16-125. SENATE BILL NO. 1657 A bill for AN ACT to amend the Illinois Health Finance Reform Act by changing Sections 2-1, 4-1, 4-2, 4-3, and 4-5. SENATE BILL NO. 1672 A bill for AN ACT concerning groundwater preservation. SENATE BILL NO. 1674 A bill for AN ACT concerning prepaid telephone calling arrangements. SENATE BILL NO. 1680 A bill for AN ACT in relation to real property. SENATE BILL NO. 1852 A bill for AN ACT concerning the University of Illinois. SENATE BILL NO. 1923 A bill for AN ACT concerning the University of Illinois. Passed by the Senate, February 24, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 1276, 1302, 1338, 1339, 1382, 1439, 1446, 1513, 1577, 1613, 1653, 1657, 1672, 1674, 1680, 1852 and 1923 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 807 A bill for AN ACT concerning health facility planning. SENATE BILL NO. 1281 A bill for AN ACT to amend the Agricultural Fair Act. SENATE BILL NO. 1288 A bill for AN ACT concerning liquefied petroleum gas. SENATE BILL NO. 1391 A bill for AN ACT to amend the Environmental Protection Act. SENATE BILL NO. 1393 A bill for AN ACT to amend the Illinois Vehicle Code by changing Sections 18c-1703, 18c-7401, and 18c-7402. SENATE BILL NO. 1426 A bill for AN ACT in relation to probation and supervision. SENATE BILL NO. 1440
[February 25, 2000] 10 A bill for AN ACT to create the Local Government Taxpayers' Bill of Rights Act. SENATE BILL NO. 1447 A bill for AN ACT to amend the School Code by changing Section 14-8.02. SENATE BILL NO. 1504 A bill for AN ACT to amend the Illinois Municipal Code by adding Section 11-90-7. SENATE BILL NO. 1510 A bill for AN ACT concerning Lyme disease. SENATE BILL NO. 1514 A bill for AN ACT to amend the Election Code by changing Section 9-10. SENATE BILL NO. 1540 A bill for AN ACT to amend the Solicitation for Charity Act. SENATE BILL NO. 1550 A bill for AN ACT to amend the Liquor Control Act of 1934 by changing Section 6-15. SENATE BILL NO. 1567 A bill for AN ACT to amend the Illinois Power of Attorney Act by adding Section 2-7.5 and by changing Section 3-3. Passed by the Senate, February 25, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 807, 1281, 1288, 1391, 1393, 1426, 1440, 1447, 1504, 1510, 1514, 1540, 1550 and 1567 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1626 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 11-501.5. SENATE BILL NO. 1655 A bill for AN ACT concerning orders of protection, amending named Acts. SENATE BILL NO. 1707 A bill for AN ACT to amend the Retailers' Occupation Tax Act by changing Section 5k. SENATE BILL NO. 1733 A bill for AN ACT in relation to the powers and duties of the Department of Agriculture. SENATE BILL NO. 1841 A bill for AN ACT to codify State statutes to conform those statutes to existing State agency administrative practices in order to remedy audit findings made by the Auditor General. SENATE BILL NO. 1851
11 [February 25, 2000] A bill for AN ACT to amend the State Finance Act by changing Section 6z-43. SENATE BILL NO. 1876 A bill for AN ACT to amend the Illinois Farm Development Act. SENATE BILL NO. 1885 A bill for AN ACT to amend the Attorneys Lien Act by changing Section 1 and adding Section 2. SENATE BILL NO. 1888 A bill for AN ACT to amend the School Code by adding Article 1E. Passed by the Senate, February 25, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 1626, 1655, 1707, 1733, 1841, 1851, 1876, 1885 and 1888 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1404 A bill for AN ACT concerning the regulation of audiologists. SENATE BILL NO. 1453 A bill for AN ACT concerning taxation, amending named Acts. SENATE BILL NO. 1588 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 12-801. SENATE BILL NO. 1658 A bill for AN ACT concerning workers' compensation self-insurance pools, amending named Acts. Passed by the Senate, February 25, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 1404, 1453, 1588 and 1658 were ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative McGuire, Chairperson, from the Committee on Aging 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 HOUSE BILL 3036. The committee roll call vote on Amendment No. 3 to HOUSE BILL 3036 is as follows: 10, Yeas; 6, Nays; 3, Answering Present. Y McGuire, Chair Y Lyons, Joseph P Bellock Y McKeon Y Brosnahan P Mitchell, Bill N Coulson N Mitchell, Jerry N Cowlishaw (Cross) P Moffitt Y Franks N Saviano (Tenhouse)
[February 25, 2000] 12 Y Garrett (Hoffman) Y Scott Y Giles Y Scully, V-Chair N Lawfer Y Silva N Turner, John Representative Mike Smith, Chairperson, from the Committee on Agriculture & Conservation 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 3559. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3559 is as follows: 9, Yeas; 3, Nays; 2, Answering Present. Y Smith, Michael, Chair Y Lawfer A Bost Y Mitchell, Bill (Black) N Fowler Y Myers, Richard A Franks Y O'Brien N Hannig N Poe Y Hartke P Reitz, V-Chair A Johnson, Tim Y Slone Y Jones, John (Wirsing) P Turner, John (Tenhouse) Y Woolard, Spkpn (Erwin) Representative Monique Davis, Chairperson, from the Committee on Appropriations-Human Services to which the following were referred, action taken on February 24, 2000, 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: HOUSE BILLS 3207, 3208 and 3216. The committee roll call vote on HOUSE BILLS 3208 and 3216 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon Y Feigenholtz (Hannig) Y Mulligan, Spkpn Y Hamos Y Osterman (Hoffman) Y Hultgren Y Reitz Y Saviano The committee roll call vote on HOUSE BILL 3207 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon Y Feigenholtz Y Mulligan, Spkpn Y Hamos Y Osterman Y Hultgren Y Reitz Y Saviano Representative Boland, Chairperson, from the Committee on Elections & Campaign Reform 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 HOUSE BILL 1776. The committee roll call vote on Amendment No. 3 to HOUSE BILL 1776 is as follows: 11, Yeas; 0, Nays; 0, Answering Present.
13 [February 25, 2000] Y Boland, Chair Y McCarthy Y Gash, V-Chair Y Osterman (Delgado) Y Giglio Y Schmitz Y Hamos Y Wait Y Hoeft Y Winkel Y Winters, Spkpn 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 bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 4478. The committee roll call vote on HOUSE BILL 4478 is as follows: 7, Yeas; 4, Nays; 2, Answering Present. Y Feigenholtz, Chair N Kosel, Spkpn N Bellock P Myers, Richard Y Coulson (Saviano) Y Pugh Y Flowers (Fritchey) N Schoenberg, V-Chair N Howard Y Sharp Y Kenner P Winters Y Wirsing Representative Kenner, Chairperson, from the Committee on State Government 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 3610. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3610 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Lang Y Curry, Julie Y Mitchell, Bill (Kosel) Y Feigenholtz (Erwin) Y O'Connor, Spkpn Y Franks (Howard) Y Schmitz Y Sommer Representative Fritchey, Chairperson, from the Committee on Tobacco Settlement Proceeds Distribution 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 2924. The committee roll call vote on Amendment No. 1 to HOUSE BILL 2924 is as follows: 24, Yeas; 0, Nays; 0, Answering Present. Y Fritchey, Chair Y Krause Y Beaubien Y Mitchell, Bill, Spkpn Y Bellock Y Moore, Andrea Y Biggins Y Mulligan Y Boland Y Myers, Richard Y Bost Y Novak A Coulson A O'Connor A Davis, Monique A Osterman Y Durkin Y Pankau Y Feigenholtz, V-Chair A Pugh Y Flowers A Righter Y Garrett A Schoenberg Y Gash Y Scott Y Giles A Skinner
[February 25, 2000] 14 Y Hamos Y Slone Y Hoffman Y Zickus CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Lawfer asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3131. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Kenner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3649. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4581. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4578. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4577. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4580. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4579. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 3267, 3929, 4118, 4136 and 4482. RESOLUTIONS Having been reported out of the Committee on Constitutional Officers on February 23, 2000, HOUSE RESOLUTION 561 was taken up for consideration. Representative Crotty moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE BILLS ON SECOND READING Having been read by title a second time on February 22, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 2961. HOUSE BILL 3831. Having been recalled on February 16, 2000, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILL 3936. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed:
15 [February 25, 2000] AMENDMENT NO. 1 TO HOUSE BILL 3936 AMENDMENT NO. 1. Amend House Bill 3936 as follows: by replacing the title with the following: "AN ACT to amend the Illinois Vehicle Code by changing Section 5-104.3."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 5-104.3 as follows: (625 ILCS 5/5-104.3) Sec. 5-104.3. Disclosure of rebuilt vehicle. (a) No person shall sell a vehicle for which a rebuilt title has been issued unless that vehicle is accompanied by a Disclosure of Rebuilt Vehicle Status form, properly signed and delivered to the buyer. (b) The Secretary of State may by rule or regulation prescribe the format and information contained in the Disclosure of Rebuilt Vehicle Status form. (c) A violation of subsection (a) of this Section is a Class A misdemeanor. A second or subsequent violation of subsection (a) of this Section is a Class 4 felony. (Source: P.A. 89-189, eff. 1-1-96.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3360. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3360 AMENDMENT NO. 1. Amend House Bill 3360 by replacing the title with the following: "AN ACT to amend the Property Tax Code by changing Sections 21-105, 21-440 and 22-15."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 21-105, 21-440, and 22-15 as follows: (35 ILCS 200/21-105) Sec. 21-105. Liability of owner; rights of tax purchaser. Nothing in Sections 21-90, 21-95, and 21-100 shall relieve any owner liable for delinquent property taxes under this Code from the payment of any delinquent taxes or liens which have become null and void under those Sections. Sections 21-95 and 21-100 shall not adversely affect the rights or interests of the holder of any bona fide certificate of purchase of the property for delinquent taxes. However, upon acquisition of property by a governmental unit as set forth in Section 21-95, the rights and interests of the holder of any bona fide certificate of purchase of the property for delinquent taxes shall be limited to a sale in error and a refund as provided under Section 21-310. (Source: P.A. 91-177, eff. 1-1-00.) (35 ILCS 200/21-440) Sec. 21-440. Action for collection of taxes and special assessments. The county board, as trustee for all taxing districts having an interest in the property's taxes or special assessments, may, at any time after final judgment and order of sale against delinquent property under Section 21-180, institute a civil action in the name of the People of the State of Illinois in the circuit court for the whole amount due for taxes and special assessments on the delinquent or
[February 25, 2000] 16 forfeited property. Any county, city, village, incorporated town, school district or other municipal corporation to which any tax or special assessment is due, may, at any time after final judgment under Section 21-180, institute a civil action in its own name, in the circuit court, for the amount of the tax or special assessment due to it on the delinquent or forfeited property, and prosecute the same to final judgment. On the sale of any property following judgment in the civil action, the county, city, village, incorporated town, school district or other municipal corporation, interested in the collection of the tax, may become purchaser at the sale. If the property so sold is not redeemed the purchaser may acquire, hold, sell or dispose of the title thereto, the same as individuals may do under the laws of this State. In any action for delinquent or forfeited taxes, the fact that property was assessed to a person shall be prima facie evidence that the person was the owner thereof, and was liable for the taxes for the year or years for which the assessment was made. That fact may be proved by the introduction in evidence of the proper assessment book or roll, or other competent proof. Any judgment rendered for delinquent or forfeited general taxes under this Section shall include the costs of the action and reasonable attorney's fees. (Source: P.A. 86-949; 88-455.) (35 ILCS 200/22-15) Sec. 22-15. Service of notice. The purchaser or his or her assignee shall give the notice required by Section 22-10 by causing it to be published in a newspaper as set forth in Section 22-20. In addition, the notice shall be served by a sheriff (or if he or she is disqualified, by a coroner) of the county in which the property, or any part thereof, is located upon owners who reside on any part of the property sold by leaving a copy of the notice with those owners personally. In counties of 3,000,000 or more inhabitants where a taxing district is a petitioner for tax deed pursuant to Section 21-90, and in any case in which a county board is petitioner for a tax deed pursuant to Section 21-90, in lieu of service by the sheriff or coroner the notice may be served by a special process server appointed by the circuit court as provided in this Section. The taxing district may move prior to filing one or more petitions for tax deed for appointment of such a special process server. The court, upon being satisfied that the person named in the motion is at least 18 years of age and is capable of serving notice as required under this Code, shall enter an order appointing such person as a special process server for a period of one year. The appointment may be renewed for successive periods of one year each by motion and order, and a copy of the original and any subsequent order shall be filed in each tax deed case in which a notice is served by the appointed person. Delivery of the notice to and service of the notice by the special process server shall have the same force and effect as its delivery to and service by the sheriff or coroner. The same form of notice shall also be served upon all other owners and parties interested in the property, if upon diligent inquiry they can be found in the county, and upon the occupants of the property in the following manner: (a) as to individuals, by (1) leaving a copy of the notice with the person personally or (2) by leaving a copy at his or her usual place of residence with a person of the family, of the age of 13 years or more, and informing that person of its contents. The person making the service shall cause a copy of the notice to be sent by registered or certified mail, return receipt requested, to that party at his or her usual place of residence; (b) as to public and private corporations, municipal, governmental and quasi-municipal corporations, partnerships, receivers and trustees of corporations, by leaving a copy of the notice with the person designated by the Civil Practice Law. If the property sold has more than 4 dwellings or other rental units, and has a managing agent or party who collects rents, that person shall be deemed the occupant and shall be served with notice
17 [February 25, 2000] instead of the occupants of the individual units. If the property has no dwellings or rental units, but economic or recreational activities are carried on therein, the person directing such activities shall be deemed the occupant. Holders of rights of entry and possibilities of reverter shall not be deemed parties interested in the property. When a party interested in the property is a trustee, notice served upon the trustee shall be deemed to have been served upon any beneficiary or note holder thereunder unless the holder of the note is disclosed of record. When a judgment is a lien upon the property sold, the holder of the lien shall be served with notice if the name of the judgment debtor as shown in the transcript, certified copy or memorandum of judgment filed of record is identical, as to given name and surname, with the name of the party interested as it appears of record. If any owner or party interested, upon diligent inquiry and effort, cannot be found or served with notice in the county as provided in this Section, and the person in actual occupancy and possession is tenant to, or in possession under the owners or the parties interested in the property, then service of notice upon the tenant, occupant or person in possession shall be deemed service upon the owners or parties interested. If any owner or party interested, upon diligent inquiry and effort cannot be found or served with notice in the county, then the person making the service shall cause a copy of the notice to be sent by registered or certified mail, return receipt requested, to that party at his or her residence, if ascertainable. (Source: P.A. 91-209, eff. 1-1-00; 91-554, eff. 8-14-99.) 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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been read by title a second time on February 23, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 4409. HOUSE BILL 3482. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Procurement, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3482 AMENDMENT NO. 1. Amend House Bill 3482 as follows: on page 1, line 15, after "required", by inserting "and available"; and on page 1, line 16, by changing "contract or" to "contract and"; and on page 1, line 17, by changing "or any" to "and any". Floor Amendment No. 2 was withdrawn in the Committee on State Procurement. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Giglio, HOUSE BILL 260 was recalled from the order of Third Reading to the order of Second Reading and held on that order.
[February 25, 2000] 18 HOUSE BILLS ON SECOND READING HOUSE BILL 4349. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Local Government, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4349 AMENDMENT NO. 1. Amend House Bill 4349 on page 3, line 13, by replacing "25 acres or 50%" with "70%"; and on page 3, line 13, after "district's", by inserting "total". Representative Slone offered and withdrew Amendment No. 2. Floor Amendment No. 3 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. RECALLS By unanimous consent, on motion of Representative Sharp, HOUSE BILL 992 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Garrett, HOUSE BILL 3535 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Meyer, HOUSE BILL 4047 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; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative John Turner, HOUSE BILL 4116 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hultgren, HOUSE BILL 4176 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
19 [February 25, 2000] the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3229. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Local Government, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3229 AMENDMENT NO. 1. Amend House Bill 3229 on page 1, in line 28, by replacing "$10" with "$7.50"; and on page 2, in line 33, by replacing "$4.25" with "$7.50
[February 25, 2000] 20 AMENDMENT NO. 3 TO HOUSE BILL 3049 AMENDMENT NO. 3. Amend House Bill 3049, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The University of Illinois Act is amended by adding Section 20 as follows: (110 ILCS 305/20 new) Sec. 20. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 10. The Southern Illinois University Management Act is amended by adding Section 10 as follows: (110 ILCS 520/10 new) Sec. 10. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 15. The Chicago State University Law is amended by adding Section 5-115 as follows: (110 ILCS 660/5-115 new) Sec. 5-115. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 20. The Eastern Illinois University Law is amended by adding Section 10-115 as follows: (110 ILCS 665/10-115 new) Sec. 10-115. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 25. The Governors State University Law is amended by adding Section 15-115 as follows: (110 ILCS 670/15-115 new) Sec. 15-115. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 30. The Illinois State University Law is amended by adding Section 20-120 as follows: (110 ILCS 675/20-120 new) Sec. 20-120. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the
21 [February 25, 2000] meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 35. The Northeastern Illinois University Law is amended by adding Section 25-115 as follows: (110 ILCS 680/25-115 new) Sec. 25-115. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 40. The Northern Illinois University Law is amended by adding Section 30-125 as follows: (110 ILCS 685/30-125 new) Sec. 30-125. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 45. The Western Illinois University Law is amended by adding Section 35-120 as follows: (110 ILCS 690/35-120 new) Sec. 35-120. Meningitis information; vaccine. The University shall include in the information it provides to its incoming freshmen and transfer students information about meningitis, its transmission, a college student's increased risk of contracting meningitis, and the meningitis vaccine. This information shall include the number of cases of meningitis reported at the University in the previous academic year. The University shall make the meningitis vaccine available to its students, subject to availability of the vaccine. Section 99. Effective date. This Act takes effect on July 1, 2000.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 3838. Having been read by title a second time on February 16, 2000, and held on the order of Second Reading, the same was again taken up. Representative Bugielski offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3838 AMENDMENT NO. 2. Amend House Bill 3838, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 4 by replacing lines 17 through 34 with the following: "(16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (16), the term: (i) "elderly person"
[February 25, 2000] 22 means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A bank or person furnishing information pursuant to this item (16) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986."; and on page 5 by deleting lines 1 through 14; and on page 10 by replacing lines 27 through 34 with the following: "(14) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the association suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (14), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the association to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. An association or person furnishing information pursuant to this item (14) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986."; and on page 11 by deleting lines 1 through 25; and on page 16 by replacing lines 9 through 34 with the following: "(13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the savings bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the savings bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A savings bank or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986."; and on page 17 by deleting lines 1 through 7; and on page 21 by replacing lines 23 through 34 with the following: "(13) The furnishing of information to law enforcement
23 [February 25, 2000] authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986."; and on page 22 by deleting lines 1 through 24. The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3557. Having been printed, was taken up and read by title a second time. Representative Tenhouse offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3557 AMENDMENT NO. 1. Amend House Bill 3557 by replacing the title with the following: "AN ACT in relation to legislative information, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The General Assembly Organization Act is amended by adding Section 15 as follows: (25 ILCS 5/15 new) Sec. 15. Interference with legislative information. (a) Any person who, without lawful authorization, knowingly falsifies, destroys, tampers with, removes, or conceals any data or record maintained by the General Assembly or any of its agencies on computer equipment of the General Assembly or any of its agencies commits a Class 4 felony. (b) Any person who knowingly and with malicious intent falsifies any copy or representation of any data or record made available by the General Assembly or any of its agencies commits a Class 4 felony. Section 10. The Legislative Information System Act is amended by changing Section 5.09 as follows: (25 ILCS 145/5.09) Sec. 5.09. Public computer access; legislative information. To make available to the public all of the following information in electronic form: (1) On or before July 1, 1999, the weekly schedule of legislative floor sessions for each of the 2 houses of the General Assembly together with a list of matters pending before them and the weekly schedule of legislative committee hearings together with matters scheduled for their consideration.
[February 25, 2000] 24 (2) On or before July 1, 1999, a list of the committees of the General Assembly and their members. (3) On or before July 1, 1999, the text of each bill and resolution introduced and of each engrossed, enrolled, and re-enrolled bill and resolution and the text of each adopted amendment and conference committee report. (4) On or before July 1, 1999, a synopsis of items specified in paragraph (3) of this Section, together with a summary of legislative and gubernatorial actions regarding each bill and resolution introduced. (5) On or before July 1, 1999, the Rules of the House and the Senate of the General Assembly. (6) Before the conclusion of the Ninety-second General Assembly, the text of Public Acts. (7) Before the conclusion of the Ninety-second General Assembly, the Illinois Compiled Statutes. (8) Before the conclusion of the Ninety-second General Assembly, the Constitution of the United States and the Constitution of the State of Illinois. (9) Before the conclusion of the Ninety-second General Assembly, the text of the Illinois Administrative Code. (10) Before the conclusion of the Ninety-second General Assembly, the most current issue of the Illinois Register published on or after the effective date of this amendatory Act of 1998. (10.1) Each roll call vote taken by each full chamber of the General Assembly showing, in searchable form, the individual vote of each individual member. Each roll call vote shall be made available pursuant to this item (10.1) not later than 2 business days after the conclusion of the legislative day in which it is recorded. A reasonably clear description of the matter being voted upon shall be available for each roll call vote. For purposes of this item (10.1), "roll call vote" means any action by either full chamber of the General Assembly in which the yeas and nays are recorded. This item (10.1) applies to all roll call votes taken in the 92nd General Assembly and thereafter. (10.2) All transcripts of debate required to be kept by subsection (b) of Section 7 of Article IV of the Illinois Constitution in searchable text form as follows: (A) The transcript of debate for each legislative day of any session of the 91st General Assembly held pursuant to subsection (a) of Section 5 of Article IV of the Illinois Constitution or to consider actions of the Governor pursuant to Section 9 of Article IV of the Illinois Constitution shall be made available as the transcript is prepared and corrected. (B) The transcript of debate for each legislative day of any session of the General Assembly held after the effective date of this amendatory Act of the 91st General Assembly and pursuant to subsection (b) of Section 5 of Article IV of the Illinois Constitution shall be made available as the transcript is prepared and corrected. (C) The transcript of debate for each legislative day of any session of the 92nd or any subsequent General Assembly held pursuant to subsection (a) of Section 5 of Article IV of the Illinois Constitution or to consider actions of the Governor pursuant to Section 9 of Article IV of the Illinois Constitution shall be made available as the transcript is prepared and corrected, but in no event later than the tenth business day after the beginning of the next following session of the General Assembly held pursuant to subsection (a) of Section 5 of Article IV of the Illinois Constitution. (10.3) All audio streams controlled by the Clerk of the House and the Secretary of the Senate and made available by these officers to the Capitol complex shall be made available uninterrupted and digitally recordable on the World Wide Web. This item (10.3) applies for all audio streams beginning with the first legislative day of the 92nd General Assembly and thereafter.
25 [February 25, 2000] (11) Any other information that the Joint Committee on Legislative Support Services elects to make available. Notwithstanding the provisions of this Section, the failure to meet any of the time deadlines set forth in this Section shall not constitute a violation of this Section when the delay is due to a legitimate technical failure. However, in those instances, the required information shall be made available as soon as is reasonably practicable. The information shall be made available to the public through the World Wide Web. The information may also be made available by any other means of access that would facilitate public access to the information. Any documentation that describes the electronic digital formats of the information shall be made available through the World Wide Web. Personal information concerning a person who accesses this public information may be maintained only for the purpose of providing service to the person. No fee or other charge may be imposed by the Legislative Information System as a condition of accessing the information, except that a reasonable fee may be charged for any customized services and shall be deposited into the General Assembly Computer Equipment Revolving Fund. The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information. No action taken under this Section shall be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of Illinois relating to any of the information made available under this Section. The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form; provided that the System may make information available under this Section only if the availability in no way reduces the quality and timeliness of service available to and required under this Act for legislative users and does not unduly burden the General Assembly or its support services agencies. Failure to provide information under this Section does not affect the validity of any action of the General Assembly. The General Assembly and the State of Illinois are not liable for the accuracy, availability, or use of the information provided under this Section. (Source: P.A. 90-666, eff. 7-30-98.) 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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2967. Having been printed, was taken up and read by title a second time. Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2967 AMENDMENT NO. 1. Amend House Bill 2967 on page 1, line 10, after "armed forces", by inserting ", living or dead,"; and on page 1, line 17, after "dead.", by inserting "In the event that the person nominated for the award is deceased, the medal may be awarded posthumously to a member of the immediate family of the person nominated."; and on page 2, line 9, after "General", by inserting ", or his or her designee,"; and
[February 25, 2000] 26 on page 2, line 11, after "armed forces.", by inserting the following: "Members of the panel shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses in connection with their duties as members of the panel."; and on page 2, line 20, after "Governor", by inserting ", or his or her designee,"; and on page 2, line 26, after "wear," by inserting "a lapel pin suitable for wear on civilian clothing,"; and on page 2, by inserting below line 28 the following: "Section 30. Wear and display of ribbons and pins. Active military personnel who are awarded the Illinois Legislative Medal of Valor shall be presented with a uniform ribbon. When wearing the ribbon, active military personnel shall follow the guidelines established for their branch of service. Veterans who are awarded the Illinois Legislative Medal of Valor shall be presented with a lapel pin suitable for wear on civilian clothing.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4182. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4182 AMENDMENT NO. 1. Amend House Bill 4182 on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning higher education."; and on page 2, by replacing lines 19 through 21 with the following: "the student trustee and the faculty member. Student trustees
27 [February 25, 2000] student member and to be eligible to remain as a voting or nonvoting student member of the Board, a student member must be a resident of this State, must have and maintain a grade point average that is equivalent to at least 2.5 on a 4.0 scale, and must be a full time student enrolled at all times during his or her term of office except for that part of the term which follows the completion of the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school). If a voting or nonvoting student member serving on the Board fails to continue to meet or maintain the residency, minimum grade point average, or enrollment requirement established by this Section, his or her membership on the Board shall be deemed to have terminated by operation of law. No more than 4 of the members appointed by the Governor shall be affiliated with the same political party. Upon the expiration of the terms of members appointed by the Governor, their respective successors shall be appointed for terms of 6 years from the third Monday in January of each odd-numbered year and until their respective successors are appointed for like terms. If the Senate is not in session appointments shall be made as in the case of vacancies. (Source: P.A. 90-630, eff. 7-24-98.) (110 ILCS 520/5) (from Ch. 144, par. 655) Sec. 5. Members of the Board shall elect annually by secret ballot from their own number a chairman who shall preside over meetings of the Board and a secretary. Meetings of the Board shall be held at least once each quarter on a campus of Southern Illinois University. At all regular meetings of the Board, a majority of its voting members shall constitute a quorum. The student members shall have all of the privileges of membership, including the right to make and second motions and to attend executive sessions, other than the right to vote, except that
[February 25, 2000] 28 the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school). If a student member serving on the Board fails to continue to meet or maintain the residency, minimum grade point average, or enrollment requirement established by this Section, his or her membership on the Board shall be deemed to have terminated by operation of law. Of the members first appointed by the Governor, 4 shall be appointed for terms to expire on the third Monday in January, 1999, and 3 shall be appointed for terms to expire on the third Monday in January, 2001. If the Senate is not in session on the effective date of this Article, or if a vacancy in an appointive membership occurs at a time when the Senate is not in session, the Governor shall make temporary appointments until the next meeting of the Senate when he shall nominate persons to fill such memberships for the remainder of their respective terms. No more than 4 of the members appointed by the Governor shall be affiliated with the same political party. Upon the expiration of the terms of members appointed by the Governor, their respective successors shall be appointed for terms of 6 years from the third Monday in January of each odd-numbered year. Any members appointed to the Board shall continue to serve in such capacity until their successors are appointed and qualified. (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98; 90-814, eff. 2-4-99.) (110 ILCS 660/5-25) Sec. 5-25. Officers; meetings. Members of the Board shall elect annually by secret ballot from their own number a chairman who shall preside over meetings of the Board and a secretary. Meetings of the Board shall be held at least once each quarter on the campus of Chicago State University at Chicago, Illinois. At all regular meetings of the Board, a majority of its members shall constitute a quorum. The student member shall have all of the privileges of membership, including the right to make and second motions, to attend executive sessions, and
29 [February 25, 2000] office except for that part of the term which follows the completion of the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school). If a student member serving on the Board fails to continue to meet or maintain the residency, minimum grade point average, or enrollment requirement established by this Section, his or her membership on the Board shall be deemed to have terminated by operation of law. Of the members first appointed by the Governor, 4 shall be appointed for terms to expire on the third Monday in January, 1999, and 3 shall be appointed for terms to expire on the third Monday in January, 2001. If the Senate is not in session on the effective date of this Article, or if a vacancy in an appointive membership occurs at a time when the Senate is not in session, the Governor shall make temporary appointments until the next meeting of the Senate when he shall nominate persons to fill such memberships for the remainder of their respective terms. No more than 4 of the members appointed by the Governor shall be affiliated with the same political party. Upon the expiration of the terms of members appointed by the Governor, their respective successors shall be appointed for terms of 6 years from the third Monday in January of each odd-numbered year. Any members appointed to the Board shall continue to serve in such capacity until their successors are appointed and qualified. (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98; 90-814, eff. 2-4-99.) (110 ILCS 665/10-25) Sec. 10-25. Officers; meetings. Members of the Board shall elect annually by secret ballot from their own number a chairman who shall preside over meetings of the Board and a secretary. Meetings of the Board shall be held at least once each quarter on the campus of Eastern Illinois University at Charleston, Illinois. At all regular meetings of the Board, a majority of its members shall constitute a quorum. The student member shall have all of the privileges of membership, including the right to make and second motions, to attend executive sessions, and
[February 25, 2000] 30 a
31 [February 25, 2000] a grade point average that is equivalent to at least 2.5 on a 4.0 scale, and must be a full time student enrolled at all times during his or her term of office except for that part of the term which follows the completion of the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school). If a student member serving on the Board fails to continue to meet or maintain the residency, minimum grade point average, or enrollment requirement established by this Section, his or her membership on the Board shall be deemed to have terminated by operation of law. Of the members first appointed by the Governor, 4 shall be appointed for terms to expire on the third Monday in January, 1999, and 3 shall be appointed for terms to expire on the third Monday in January, 2001. If the Senate is not in session on the effective date of this Article, or if a vacancy in an appointive membership occurs at a time when the Senate is not in session, the Governor shall make temporary appointments until the next meeting of the Senate when he shall nominate persons to fill such memberships for the remainder of their respective terms. No more than 4 of the members appointed by the Governor shall be affiliated with the same political party. Upon the expiration of the terms of members appointed by the Governor, their respective successors shall be appointed for terms of 6 years from the third Monday in January of each odd-numbered year. Any members appointed to the Board shall continue to serve in such capacity until their successors are appointed and qualified. (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98; 90-814, eff. 2-4-99.) (110 ILCS 675/20-25) Sec. 20-25. Officers; meetings. Members of the Board shall elect annually by secret ballot from their own number a chairman who shall preside over meetings of the Board and a secretary. Meetings of the Board shall be held at least once each quarter on the campus of Illinois State University at Normal, Illinois. At all regular meetings of the Board, a majority of its members shall constitute a quorum. The student member shall have all of the privileges of membership, including the right to make and second motions, to attend executive sessions, and
[February 25, 2000] 32 to remain as a student member of the Board, the student member must be a resident of this State, must have and maintain a grade point average that is equivalent to at least 2.5 on a 4.0 scale, and must be a full time undergraduate student enrolled at all times during his or her term of office except for that part of the term which follows the completion of the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school). If a student member serving on the Board fails to continue to meet or maintain the residency, minimum grade point average, or enrollment requirement established by this Section, his or her membership on the Board shall be deemed to have terminated by operation of law. If any member of the Board appointed by the Governor fails to continue to meet or maintain the residency requirement established by this Section, he or she shall resign membership on the Board within 30 days thereafter and, failing submission of this resignation, his or her membership on the Board shall be deemed to have terminated by operation of law. Of the members first appointed by the Governor, 4 shall be appointed for terms to expire on the third Monday in January, 1999 and until their successors are appointed and qualified, and 3 shall be appointed for terms to expire on the third Monday in January, 2001 and until their successors are appointed and qualified. The 2 additional members appointed by the Governor, by and with the advice and consent of the Senate, under this amendatory Act of the 91st General Assembly, shall not be from the same political party and shall be appointed for terms to expire on the third Monday in January, 2003 and until their successors are appointed and qualified. Any vacancy in membership existing on January 1, 1999 shall be filled by appointment by the Governor, with the advice and consent of the Senate, for a term to expire on the third Monday in January, 2003. If the Senate is not in session on the effective date of this Article, or if a vacancy in an appointive membership occurs at a time when the Senate is not in session, the Governor shall make temporary appointments to fill the vacancy. Members with these temporary appointments shall be deemed qualified to serve upon appointment and shall continue to serve until the next meeting of the Senate when the Governor shall appoint persons to fill such memberships, by and with the advice and consent of the Senate, for the remainder of their respective terms. No more than 5 of the members appointed by the Governor shall be affiliated with the same political party. Upon the expiration of the terms of members appointed by the Governor for other than temporary appointments, their respective successors shall be appointed, by and with the advice and consent of the Senate, for terms of 6 years from the third Monday in January of each odd-numbered year. Any members appointed to the Board shall continue to serve in such capacity until their successors are appointed and qualified. (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 91-565, 8-14-99.) (110 ILCS 680/25-25) Sec. 25-25. Officers; meetings. Members of the Board appointed by the Governor shall elect by secret ballot from their own number a chairperson, who shall serve for a period of 2 years from his or her election and who shall preside over meetings of the Board, a secretary, and other officers that the Board deems necessary. The secretary and other officers shall also serve for a period of 2 years from their election. Meetings of the Board shall be held at least once each quarter on the campus of Northeastern Illinois University at Chicago, Illinois. At all regular meetings of the Board, a majority of its members shall constitute a quorum. The student member shall have all of the privileges of membership, including the right to make and second motions, to attend executive sessions, and
33 [February 25, 2000] select a student member. Special meetings of the Board may be called by the chairperson of the Board or by any 4 members of the Board. (Source: P.A. 90-630, eff. 7-24-98; 91-565, eff. 8-14-99.) Section 40. The Northern Illinois University Law is amended by changing Sections 30-15 and 30-25 as follows: (110 ILCS 685/30-15) Sec. 30-15. Membership; terms; vacancies. The Board shall consist of 7 voting members appointed by the Governor, by and with the advice and consent of the Senate, and
[February 25, 2000] 34 action of the Board shall be invalidated by reason of any vacancies on the Board or by reason of any failure to select a student member. Special meetings of the Board may be called by the chairman of the Board or by any 3 members of the Board. (Source: P.A. 89-4, eff. 1-1-96; 89-552, eff. 7-26-96; 90-630, eff. 7-24-98.) Section 45. The Western Illinois University Law is amended by changing Sections 35-15 and 35-25 as follows: (110 ILCS 690/35-15) Sec. 35-15. Membership; terms; vacancies. The Board shall consist of 7 voting members appointed by the Governor, by and with the advice and consent of the Senate, and
35 [February 25, 2000] a quorum is present at the time that measure is voted upon. No action of the Board shall be invalidated by reason of any vacancies on the Board or by reason of any failure to select a student member. Special meetings of the Board may be called by the chairman of the Board or by any 3 members of the Board. (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98.)". Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 4182 AMENDMENT NO. 2. Amend House Bill 4182, AS AMENDED, in Section 5, Sec. 1, the paragraph that begins "Each trustee shall be governed" by replacing the sentence that begins "However, it shall be a conflict" with the following: "However, it shall be a conflict of interest for a student trustee to vote on faculty member tenure or promotion.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; 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. 2 to SENATE BILL 43, having been printed, was taken up for consideration. Representative Parke 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. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 620 was taken up for consideration. Representative Madigan moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 4) The motion prevailed and the Resolution was adopted. HOUSE BILLS ON SECOND READING HOUSE BILL 3113. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3113 AMENDMENT NO. 1. Amend House Bill 3113 by replacing everything after the enacting clause with the following: "Section 5. The Sexual Assault Survivors Emergency Treatment Act is amended by changing Sections 5 and 6.4 as follows:
[February 25, 2000] 36 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5) Sec. 5. Minimum requirements for hospitals providing emergency service to sexual assault survivors. (a) Every hospital providing emergency hospital services to an alleged sexual assault survivor under this Act shall, as minimum requirements for such services, provide, with the consent of the alleged sexual assault survivor, and as ordered by the attending physician, the following: (1) appropriate medical examinations and laboratory tests required to ensure the health, safety, and welfare of an alleged sexual assault survivor or which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or both; and records of the results of such examinations and tests shall be maintained by the hospital and made available to law enforcement officials upon the request of the alleged sexual assault survivor; (2) appropriate oral and written information concerning the possibility of infection, sexually transmitted disease and pregnancy resulting from sexual assault; (3) appropriate oral and written information concerning accepted medical procedures, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault; (4) such medication as deemed appropriate by the attending physician; (5) a blood test to determine the presence or absence of sexually transmitted disease; (6) written and oral instructions indicating the need for a second blood test 6 weeks after the sexual assault to determine the presence or absence of sexually transmitted disease; and (7) appropriate counseling as determined by the hospital, by trained personnel designated by the hospital. (b) Any minor who is an alleged survivor of sexual assault who seeks emergency services under this Act shall be provided such services without the consent of the parent, guardian or custodian of the minor.
37 [February 25, 2000]
[February 25, 2000] 38 distribution of sexual assault evidence collection kits which have been approved by the Illinois State Police to hospitals that request them, or arranging for such distribution by the manufacturer of the kits, (2) collection of the kits from hospitals after the kits have been used to collect evidence, (3) analysis of the collected evidence and conducting of laboratory tests, and (4) maintaining the chain of custody and safekeeping of the evidence for use in a legal proceeding. The standardized evidence collection kit for the State of Illinois shall be the State Police Evidence Collection Kit, also known as "S.P.E.C.K.". A sexual assault evidence collection kit may not be released by a hospital without the written consent of the sexual assault survivor. In the case of a survivor who is a minor 13 years of age or older, evidence and information concerning the alleged sexual assault may be released at the written request of the minor. If the survivor is a minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services. Any health care professional, including any physician or nurse, and any health care institution, including any hospital, who provides evidence or information to a law enforcement officer pursuant to a written request as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.
39 [February 25, 2000] AMENDMENT NO. 2. Amend House Bill 4039, AS AMENDED, by replacing the title with the following: "AN ACT in relation to interrogations."; and by replacing everything after the enacting clause with the following: "Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-401.5 as follows: (705 ILCS 405/5-401.5 new) Sec. 5-401.5. When statements by minor may be used. (a) In this Section, a "written statement of a minor" means a statement signed by the minor or a statement made by the minor in his or her own handwriting or, if the minor is unable to write, a statement bearing his or her mark, when the mark has been witnessed by a person other than a peace officer. (b) No oral, written, or sign language statement of a minor who, at the time of the commission of the offense, was under the age of 17 years made as a result of a custodial interrogation shall be admissible as evidence against the minor in any proceeding under this Act in which the minor is alleged to be delinquent for an act that if committed by an adult would be a non-probationable felony unless: (1) the minor is represented by an attorney who is present at all times during the custodial interrogation; (2) an electronic video and audio recording is made of the custodial interrogation; (3) prior to the custodial interrogation but during the recording, the minor is given the following warnings: i. that the minor has the right to remain silent and not make any statement at all, and that any statement he or she makes may be used against him or her at his or her trial; ii. that any statement he or she makes may be used as evidence against him or her in court; iii. that he or she has the right to have an attorney present to advise him or her prior to and during any questioning; iv. that if he or she is unable to employ an attorney, he or she has the right to have an attorney appointed to advise him or her prior to and during any questioning; and v. that he or she has the right to terminate the interrogation at any time. (4) prior to the statement but during the recording, the minor knowingly, intelligently, and voluntarily waives any rights described in paragraph (3); (5) the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (6) all voices on the recording are identified; (7) not later than the 20th day before the date of the proceeding, the attorney representing the minor is provided with a true, complete, and accurate copy of all recordings of the minor made under this Section. (c) In addition to the requirements of subsection (b) of this Section, no written statement made by a minor as a result of a custodial interrogation is admissible as evidence against him or her in any proceeding under this Act unless it is shown on the face of the statement that: (1) the minor, prior to making the statement, received from the person to whom the statement is made a warning that: (A) he or she has the right to remain silent and not make any statement at all and that any statement he or she makes may be used against him or her in any proceeding under this Act; (B) any statement he or she makes may be used as evidence against him or her in court; (C) he or she has the right to have an attorney present to advise him or her prior to and during any questioning; (D) if he or she is unable to employ an attorney, he or she has the right to have an attorney appointed to advise the
[February 25, 2000] 40 minor prior to and during any questioning; and (E) he or she has the right to terminate the interrogation at any time. (2) the minor, prior to and during the making of the statement, knowingly, intelligently, and voluntarily waived the rights set out in the warning prescribed by item (1) of this subsection (c). (d) Every electronic video and audio recording of any statement made by a minor during a custodial interrogation must be preserved until such time as the minor's adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. (e) If the minor is a deaf person, the minor's statements under subsection (b) of this Section are not admissible against the minor unless the warnings in subsection (b) are interpreted to the deaf person by an interpreter who is qualified and sworn as provided by Illinois law. (f) If the minor can prove, by a preponderance of the evidence, that he or she was subjected to a custodial interrogation prior to the custodial interrogation that was the subject of the electronic video and audio recording, and if that prior custodial interrogation was not recorded as required by this Section, then any statements made by the minor during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are inadmissible in any criminal proceeding against the minor except for the purposes of impeachment. (g) In all cases where a question is raised as to the voluntariness of a statement of a minor, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions. If the statement has been found to have been voluntarily made and held admissible as a matter of law and fact by the court in a hearing in the absence of the jury, the court must enter an order stating its conclusion as to whether or not the statement was voluntarily made, along with the specific finding of facts upon which the conclusion was based, which order shall be filed among the papers of the cause. The order may not be exhibited to the jury nor the finding of the order made known to the jury in any manner. Upon the finding by the judge as a matter of law and fact that the statement was voluntarily made, evidence pertaining to the matter may be submitted to the jury and it shall be instructed that unless a jury believes beyond a reasonable doubt that the statement was voluntarily made, the jury may not consider the statement for any purpose nor any evidence obtained as a result of the statement. In any case in which a motion to suppress the statement has been filed and evidence has been submitted to the court on this issue, the court within its discretion may reconsider the evidence in its finding that the statement was voluntarily made and the same evidence submitted to the court at the hearing on the motion to suppress shall be made a part of the record the same as if it were being presented at the time of trial. However, the State or the minor shall be entitled to present any new evidence on the issue of the voluntariness of the statement prior to the court's final ruling and order stating its findings. (h) Nothing in this Section precludes the admission (i) of a statement made by the minor in open court in any proceeding under this Act, before a grand jury, or at a preliminary hearing, (ii) of a statement that is the res gestae of the arrest or of the offense, (iii) of a statement that does not stem from custodial interrogation, (iv) of a statement made during a custodial interrogation that was not electronically recorded as required by this Section, provided that a court finds by clear and convincing evidence that electronic recording of the minor's statements was not feasible, (v) of a voluntary statement, whether or not the result of custodial interrogation, that has a bearing on the credibility of the accused as a witness, or (vi) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (h) is
41 [February 25, 2000] applicable, except that the State shall bear the burden of proving by clear and convincing evidence that the exception in subsection (iv) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence. Section 10. The Criminal Code of 1961 is amended by changing Section 14-3 as follows: (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article: (a) Listening to radio, wireless and television communications of any sort where the same are publicly made; (b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer; (c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made; (d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation; (e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended; (f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section; (g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, or any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use; (h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code; (i) Recording of a conversation made by or at the request of a
[February 25, 2000] 42 person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording; and (j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when: (i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and (ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party. When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording. For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators: (i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or services; (iii) assisting in the use of goods or services; or (iv) engaging in the solicitation, administration, or collection of bank or retail credit accounts. For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both. (k) Electronic recordings, including but not limited to, motion picture, videotape, or other visual and audio recording, made of a
43 [February 25, 2000] custodial interrogation of an individual by a law enforcement officer under Section 5-401.5 of the Juvenile Court Act of 1987 or Section 103-2.1 of the Code of Criminal Procedure of 1963. (Source: P.A. 91-357, eff. 7-29-99.) Section 15. The Code of Criminal Procedure of 1963 is amended by adding Section 103-2.1 and Article 106F as follows: (725 ILCS 5/103-2.1 new) Sec. 103-2.1. When statements by accused may be used. (a) In this Section, a "written statement of an accused" means a statement signed by the accused or a statement made by the accused in his or her own handwriting or, if the accused is unable to write, a statement bearing his or her mark, when the mark has been witnessed by a person other than a peace officer. (b) No oral, written, or sign language statement of an accused made as a result of a custodial interrogation shall be admissible as evidence against the accused in any criminal proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, unless: (1) an electronic video and audio recording is made of the custodial interrogation; (2) prior to the custodial interrogation but during the recording the accused is given the following warnings: (i) that the accused has the right to remain silent and not make any statement at all, and that any statement the accused makes may be used against the accused at his or her trial; (ii) that any statement the accused makes may be used as evidence against the accused in court; (iii) that the accused has the right to have an attorney present to advise him or her prior to and during any questioning; (iv) that if the accused is unable to employ an attorney, he or she has the right to have an attorney appointed to advise him or her prior to and during any questioning; and (v) that he or she has the right to terminate the interrogation at any time. (3) prior to the statement but during the recording, the accused knowingly, intelligently, and voluntarily waives the rights described in paragraph (2); (4) the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (5) all voices on the recording are identified; (6) not later than the 20th day before the date of the proceeding, the attorney representing the defendant is provided with a true, complete, and accurate copy of all recordings of the defendant made under this Section. (c) In addition to the requirements of subsection (b) of this Section, no written statement made by an accused as a result of a custodial interrogation is admissible as evidence against his or her in any criminal proceeding unless it is shown on the face of the statement that: (1) the accused, prior to making the statement, received from the person to whom the statement is made a warning that: (A) he or she has the right to remain silent and not make any statement at all and that any statement he or she makes may be used against him or her at his or her trial; (B) any statement he or she makes may be used as evidence against him or her in court; (C) He or she has the right to have an attorney present to advise him or her prior to and during any questioning; (D) if he or she is unable to employ an attorney, he or she has the right to have an attorney appointed to advise him or her prior to and during any questioning; and (E) he or she has the right to terminate the interrogation at any time.
[February 25, 2000] 44 (2) the accused, prior to and during the making of the statement, knowingly, intelligently, and voluntarily waived the rights set out in the warning prescribed by item (1) of this subsection (c). (d) Every electronic video and audio recording of any statement made by an accused during a custodial interrogation must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. (e) If the accused is a deaf person, the accused's statements under subsection (b) of this Section are not admissible against the accused unless the warnings in subsection (b) are interpreted to the deaf person by an interpreter who is qualified and sworn as provided by Illinois law. (f) If the defendant can prove, by a preponderance of the evidence, that he or she was subjected to a custodial interrogation prior to the custodial interrogation that was the subject of the electronic video and audio recording, and if that prior custodial interrogation was not recorded as required by this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment. (g) In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions. If the statement has been found to have been voluntarily made and held admissible as a matter of law and fact by the court in a hearing in the absence of the jury, the court must enter an order stating its conclusion as to whether or not the statement was voluntarily made, along with the specific finding of facts upon which the conclusion was based, which order shall be filed among the papers of the cause. The order shall not be exhibited to the jury nor the finding of the order made known to the jury in any manner. Upon the finding by the judge as a matter of law and fact that the statement was voluntarily made, evidence pertaining to the matter may be submitted to the jury and it shall be instructed that unless a jury believes beyond a reasonable doubt that the statement was voluntarily made, the jury may not consider the statement for any purpose nor any evidence obtained as a result of the statement. In any case where a motion to suppress the statement has been filed and evidence has been submitted to the court on this issue, the court within its discretion may reconsider the evidence in its finding that the statement was voluntarily made and the same evidence submitted to the court at the hearing on the motion to suppress shall be made a part of the record the same as if it were being presented at the time of trial. However, the State or the defendant shall be entitled to present any new evidence on the issue of the voluntariness of the statement prior to the court's final ruling and order stating its findings. (h) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement that is the res gestae of the arrest or of the offense, (iii) of a statement that does not stem from custodial interrogation, (iv) of a statement made during a custodial interrogation that was not electronically recorded as required by this Section, provided that a court finds by clear and convincing evidence that electronic recording of the accused's statements was not feasible, (v) of a voluntary statement, whether or not the result of custodial interrogation, that has a bearing on the credibility of the accused as a witness, or (vi) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (h) is applicable, except that the State shall bear the burden of proving by clear and convincing evidence that the exception in clause (iv) is applicable. Nothing in this Section precludes the admission of a statement, otherwise
45 [February 25, 2000] inadmissible under this Section, that is used only for impeachment and not as substantive evidence. (725 ILCS 5/Art. 106F heading new) ARTICLE 106F. VIDEOTAPE OF INTERROGATIONS (725 ILCS 5/106F-5 new) Sec. 106F-5. Videotape of interrogations of suspects. (a) A peace officer who interrogates a person in a police station who is suspected of committing a capital offense must videotape the interrogation. (b) The videotape is admissible in court in a prosecution of the suspect for an offense if the suspect confesses to the offense or otherwise makes an admission that may be used in a prosecution of the suspect for the offense and if the suspect recants his or her confession or contradicts any admission made to a peace officer. (c) The Department of State Police shall make grants available to local law enforcement agencies, subject to a separate appropriation, for the purpose of purchasing videotape equipment. Section 99. Effective date. This Act takes effect upon becoming law.". Representative Monique Davis offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 4039 AMENDMENT NO. 3. Amend House Bill 4039, AS AMENDED, by inserting immediately after the enacting clause the following: "Section 2. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-410 as follows: (20 ILCS 2605/2605-410 new) Sec. 2605-410. Grants for the purchase of videotape equipment. The Department of State Police shall make grants available to local law enforcement agencies, subject to a separate appropriation, for the purpose of purchasing videotape equipment."; and in the introductory clause of Section 15 by deleting "and Article 106F"; and by deleting all of Article 106F of Section 15. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was 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 Capparelli, SENATE BILL 452 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: 108, Yeas; 6, 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. RECALLS
[February 25, 2000] 46 Having been read by title a second time on February 23, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 2880. By unanimous consent, on motion of Representative Bill Mitchell, HOUSE BILL 2880 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Mautino, HOUSE BILL 4409 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 Mautino, further consideration of HOUSE BILL 4409 was postponed. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Kosel, HOUSE BILL 3881 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; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3559. Having been read by title a second time on February 22, 2000, and held on the order of Second Reading, the same was again taken up. Representative Lawfer offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3559 AMENDMENT NO. 1. Amend House Bill 3559 on page 1, by replacing lines 4 and 5 with the following: "Section 5. The University of Illinois Act is amended by adding Section 20 as follows: (110 ILCS 305/20 new) Sec. 20. Industrial hemp study. (a) In this Section, "industrial hemp" means any variety of Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis, that meets the standards set forth by Health Canada as of July 1, 1999, and that is grown in compliance with federal and State permit conditions. (b) The University shall study the feasibility and desirability of industrial hemp production in this State, subject to an appropriation for that purpose. The study shall include an analysis of required
47 [February 25, 2000] soils and growing conditions, seed availability and varieties, including in-the-ground seed variety trials, harvest methods, market economies, and environmental benefits. The University shall obtain all federal and State permits needed to legally grow industrial hemp for fiber or seed production prior to importing any non-sterilized industrial hemp seeds capable of germination into the State. The University shall report its findings and recommendations to the General Assembly by January 1, 2002. Section 10. The Southern Illinois University Management Act is amended by adding Section 10 as follows: (110 ILCS 520/10 new) Sec. 10. Industrial hemp study. (a) In this Section, "industrial hemp" means any variety of Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis, that meets the standards set forth by Health Canada as of July 1, 1999, and that is grown in compliance with federal and State permit conditions. (b) The University shall study the feasibility and desirability of industrial hemp production in this State, subject to an appropriation for that purpose. The study shall include an analysis of required soils and growing conditions, seed availability and varieties, including in-the-ground seed variety trials, harvest methods, market economies, and environmental benefits. The University shall obtain all federal and State permits needed to legally grow industrial hemp for fiber or seed production prior to importing any non-sterilized industrial hemp seeds capable of germination into the State. The University shall report its findings and recommendations to the General Assembly by January 1, 2002. Section 15. The Cannabis Control Act is amended by changing Section 3 as follows: (720 ILCS 550/3) (from Ch. 56 1/2, par. 703) Sec. 3. As used in this Act, unless the context otherwise requires: (a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake,
[February 25, 2000] 48 compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale. (i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity. (j) "Produce" or "production" means planting, cultivating, tending or harvesting. (k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. (l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act. (Source: P.A. 89-507, eff. 7-1-97.) Section 20. The Cannabis and Controlled Substances Tort Claims Act is amended by changing Section 3 as follows: (740 ILCS 20/3) (from Ch. 70, par. 903) Sec. 3. Definitions. As used in this Act, unless the context otherwise requires: "Cannabis" includes marihuana, hashish, and other substances that are identified as including any parts of the plant Cannabis Sativa, whether growing or not, the seeds of that plant, the resin extracted from any part of that plant, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. "Cannabis" does not include the mature stalks of that plant, fiber produced from those stalks, oil or cake made from the seeds of that plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the extracted resin), fiber, oil or cake,
49 [February 25, 2000] controlled substance for his own use; (2) by a practitioner or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance; (A) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or (B) as an incident to lawful research, teaching or chemical analysis and not for sale; or (3) the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale. "Owner" means a person who has possession of or any interest whatsoever in the property involved. "Person" means an individual, a corporation, a government, a governmental subdivision or agency, a business trust, an estate, a trust, a partnership or association, or any other entity. "Production" means planting, cultivating, tending, or harvesting. "Property" means real property, including things growing on, affixed to, and found in land, and tangible or intangible personal property, including rights, services, privileges, interests, claims, and securities. (Source: P.A. 87-544.) 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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3610. Having been printed, was taken up and read by title a second time. Representative Erwin offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3610 AMENDMENT NO. 1. Amend House Bill 3610 by replacing everything after the enacting clause with the following: "Section 5. The Build Illinois Act is amended by changing Section 10-3 as follows: (30 ILCS 750/10-3) (from Ch. 127, par. 2710-3) Sec. 10-3. Powers and Duties. The Department has the power to: (a) Provide loans from the Build Illinois Bond Fund, the Build Illinois Purposes Fund, the Fund for Illinois' Future, or the Large Business Attraction Fund to a business undertaking a project and accept mortgages or other evidences of indebtedness or security of such business. (b) Provide grants from the Build Illinois Bond Fund, the Build Illinois Purposes Fund, the Fund for Illinois' Future, or the Large Business Attraction Fund to or for the direct benefit of a business undertaking a project. Any such grant shall (i) be made and used only for the purpose of assisting the financing of the business for the project in order to reduce the cost of financing to the business, (ii) be made only if a participating lender, or other funding source including the applicant, also provides a portion of the financing with respect to the project, and only if the Department determines, on the basis of all the information available to it, that the project would not be undertaken in Illinois unless the grant is provided, (iii) provide no more than 25% of the total dollar amount of any single project cost and be approved for amounts from the Fund not to exceed $500,000 for any single project, unless waived by the Director upon a
[February 25, 2000] 50 finding that such waiver is appropriate to accomplish the purpose of this Article, (iv) be made only after the Department has determined that the grant will cause a project to be undertaken which has the potential to create substantial employment in relation to the amount of the grant, and (v) be made with a business that has certified the project is a new plant start-up or expansion and is not a relocation of an existing business from another site in Illinois unless that relocation results in substantial employment growth. (c) Enter into agreements, accept funds or grants and cooperate with agencies of the federal government, local units of government and local regional economic development corporations or organizations for the purposes of carrying out this Article. (d) Enter into contracts, letters of credit or any other agreements or contracts with financial institutions necessary or desirable to carry out the purposes of this Article. Any such agreement or contract may include, without limitation, terms and provisions relating to a specific project such as loan documentation, review and approval procedures, organization and servicing rights, default conditions and other program aspects. (e) Fix, determine, charge and collect any premiums, fees, charges, costs and expenses, including application fees, commitment fees, program fees, financing charges or publication fees in connection with its activities under this Article. (f) Establish application, notification, contract and other procedures, rules or regulations deemed necessary and appropriate. (g) Subject to the provisions of any contract with another person and consent to the modification or restructuring of any loan agreement to which the Department is a party. (h) Take any actions which are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure or noncompliance with the terms and conditions of financial assistance or participation provided under this Article, including the power to sell, dispose, lease or rent, upon terms and conditions determined by the Director to be appropriate, real or personal property which the Department may receive as a result thereof. (i) Acquire and accept by gift, grant, purchase or otherwise, but not by condemnation, fee simple title, or such lesser interest as may be desired, in land, and to improve or arrange for the improvement of such land for institutional, mixed use, industrial, or commercial site development purposes, and to lease or convey such land, or interest in land, so acquired and so improved, including sale and conveyance subject to a mortgage, for such price, upon such terms and at such time as the Department may determine, provided that prior to exercising its authority under this subsection, (i) the Director shall find that other means of financing and developing any such project are not reasonably available and that such action is consistent with the purposes and policies of this Article and (ii) in the case of a conveyance for institutional purposes, the conveyance shall be to an entity that provides services to persons who are mentally challenged, physically challenged, or both. (j) Provide grants from the Build Illinois Bond Fund or Build Illinois Purposes Fund to municipalities and counties to demolish abandoned buildings pursuant to Section 11-31-1 of the Illinois Municipal Code or Section 5-1080 of the Counties Code, for the purpose of making unimproved land available for purchase by businesses for economic development. Such grants shall be provided only when: (1) the owner of property on which the abandoned building is situated has entered into a contract to sell such property; (2) the Department has determined that the grant will be used to cause a project to be undertaken which will result in the creation of employment; (3) the business which has entered into a contract to purchase the property has certified that it will use the property for a project which is a new plant start-up or expansion or a new venture opportunity and is not a relocation of an existing business from another site within the State unless that relocation results in substantial employment growth. If a municipality or county receives grants under this paragraph, it shall
51 [February 25, 2000] file a notice of lien against the owner or owners of such demolished buildings to recover the costs and expenses incurred in the demolition of such buildings pursuant to Section 11-31-1 of the Illinois Municipal Code or Section 5-1080 of the Counties Code. All such costs and expenses recovered by the county or municipality shall be paid to the Department for deposit in the Build Illinois Purposes Account. Priority shall be given to enterprise zones or those areas with high unemployment whose tax base is adversely impacted by the closing of existing factories. (k) Exercise such other powers as are necessary or incidental to the foregoing. (Source: P.A. 91-34, eff. 7-1-99.) 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. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2924. Having been printed, was taken up and read by title a second time. Representative Fritchey offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2924 AMENDMENT NO. 1. Amend House Bill 2924 by replacing the title with the following: "AN ACT concerning proceeds from tobacco litigation."; and by replacing everything after the enacting clause with the following: "Article 5. Section 5-1. Short title. This Article may be cited as the Health First Plan Law. In this Article, references to "this Law" mean this Article. Section 5-5. Definition. In this Act, "Master Settlement Agreement" means the Master Settlement Agreement entered in the case of the People of the State of Illinois v. Philip Morris et al. (Circuit Court of Cook County, No. 96-L13146). Section 5-10. Moneys set aside for investment. (a) The General Assembly finds that it is important to save a portion of the moneys paid to the State under the Master Settlement Agreement to protect the State from financial hardship in the future due to less favorable economic conditions, to provide reserves that may be used to supplement moneys distributed under Section 5-15 of this Law, or to finance other programs and services that the General Assembly may authorize as provided in subsection (g) of this Section. (b) In each of fiscal years 2000 and 2001, 50% of the moneys received by the State under the Master Settlement Agreement shall be set aside for investment to foster growth of those moneys so as to generate additional revenue that will sustain distributions into the special funds established under Section 20 over a longer period of time. In subsequent fiscal years, the 50% that is set aside for investment in each of the first 2 fiscal years shall be decreased by 2 percentage points per year for 25 years so that at the end of that period all moneys received by the State under the Master Settlement Agreement each fiscal year will be distributed into the special funds. As provided in the Tobacco Settlement Bonding Authority Law, the State Treasurer may sell to the Tobacco Settlement Bonding Authority up to 20% of the moneys received by the State under the Master Settlement Agreement. The portion of those moneys sold to the Tobacco Settlement Bonding Authority shall come from the moneys set aside for investment under this subsection.
[February 25, 2000] 52 (c) The State Treasurer shall manage all moneys set aside for investment under this Section. The Treasurer may invest the moneys in the same manner, in the same types of investments, and subject to the same limitations as provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of that Code. (d) The State Treasurer shall develop, publish, and implement an investment policy covering the investment of the moneys in the Tobacco Settlement Recovery Fund. The Treasurer shall cause the policy to be published at least once each year in at least one newspaper of general circulation in both Springfield and Chicago. At least 30 calendar days before implementing any change in the previously published investment policy, the Treasurer shall cause the change to be published in a newspaper of general circulation in both Springfield and Chicago. In the case of a State Treasurer taking office after the effective date of this Law, within 90 days after taking office, the Treasurer shall review and, if necessary, update the investment policy then in effect. (e) All earnings on moneys set aside for investment under this Section, less expenses incurred by the Treasurer in administering the Fund, shall be retained in the Tobacco Settlement Recovery Fund. The earnings shall not be included in any amounts automatically distributed into the special funds each fiscal year under Section 5-15 but shall be allocated only in accordance with substantive legislation enacted by the General Assembly from time to time as circumstances and the State's needs dictate. (f) The total expenses incurred by the State Treasurer in administering the Tobacco Settlement Recovery Fund may not exceed $200,000 before January 1, 2002. In 2002 and in each year thereafter, the limit on the Treasurer's expenses incurred in administering the Fund shall be adjusted based on the Consumer Price Index for the North Central Region as published by the United States Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. (g) Except as provided in subsection (f) of Section 5-30 and except as otherwise provided by law, moneys appropriated from the Tobacco Settlement Recovery Fund must be used for purposes for which moneys appropriated from the special funds established under Section 5-15 may be used. Moneys in the Tobacco Settlement Recovery Fund may be appropriated for a purpose other than a purpose for which moneys appropriated from the special funds established under Section 5-15 may be used, but any such appropriation for another purpose must be approved by a three-fifths majority of each house. Each appropriation of moneys from the Fund for a separate purpose must be made in a separate bill. Section 5-15. Moneys distributed into special funds. (a) The following are created as special funds in the State treasury: (1) The Smoking/Tobacco Control Trust Fund. (2) The Healthy Communities Trust Fund. (3) The Seniors/Disabled Choices Trust Fund. (4) The Healthy Schools Trust Fund. (5) The Health and Medicine Endowment Fund. (6) The Health Infrastructure Fund. (b) In each of fiscal years 2000 and 2001, 50% of the moneys received by the State under the Master Settlement Agreement shall be distributed, immediately upon receipt, into the special funds established under subsection (a). In subsequent fiscal years, the 50% that is distributed into the special funds in each of the first 2 fiscal years shall be increased by 2 percentage points per year for 25 years so that at the end of that period all moneys received by the State under the Master Settlement Agreement each fiscal year will be distributed into the special funds. For purposes of this Section, the moneys to be distributed into the special funds in any fiscal year are the "moneys for distribution". (c) In each fiscal year, the moneys for distribution shall be distributed into the special funds established under subsection (a) as
53 [February 25, 2000] follows: (1) Thirty percent of the moneys for distribution shall be distributed into the Smoking/Tobacco Control Trust Fund for community-based programs and services administered by local nonprofit agencies, public universities, and local health departments to control tobacco use and distribution, to conduct smoking cessation programs, and to provide addiction treatment, according to budget guidelines issued by the U.S. Centers for Disease Control. (2) Twenty percent of the moneys for distribution shall be distributed into the Healthy Communities Trust Fund for expansion of community and family health programs administered by various State agencies and community-based organizations, including, but not limited to: maternal and child health programs, including services targeted to at-risk pregnant women and newborns and infants; early childhood programs; adolescent development programs; expanded coverage of children and families under the Children's Health Insurance Program Act; financial aid for urban and rural programs targeted to designated shortage areas, as defined in the Illinois Rural/Downstate Health Act; health programs targeted at minorities; and HIV/AIDS control and prevention programs. (3) Twenty percent of the moneys for distribution shall be distributed into the Seniors/Disabled Choices Trust Fund for home and community-based long-term care services authorized under the Illinois Act on the Aging, the Disabled Persons Rehabilitation Act, and the Developmental Disability and Mental Disability Services Act and for financial assistance provided to the elderly or disabled including, but not limited to, expansion of eligibility and coverage under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. (4) Ten percent of the moneys for distribution shall be distributed into the Healthy Schools Trust Fund for primary and preventive health and mental health programs and services for pre-school and school-age children coordinated by the State Board of Education, including, but not limited to, a program of smoking prevention and cessation that either employs certificated school nurses or employs registered professional nurses enrolled in an Illinois certificated school nurse program. (5) Ten percent of the moneys for distribution shall be distributed into the Health and Medicine Endowment Fund for allocation to at least 7 universities located in Illinois to fund research on tobacco-related illnesses such as cancer, cardiovascular disease, and pulmonary disease and to enhance programs administered by schools of public health in relation to tobacco addiction control and treatment, smoking prevention, and smoking cessation. A portion of the moneys distributed into this Fund shall also be used for graduate medical education and for programs for students pursuing careers in primary care family medicine and adolescent medicine in underserved communities. (6) Ten percent of the moneys for distribution shall be distributed into the Health Infrastructure Fund for health-related capital financing for the purpose of establishment, construction, or modification of essential health facilities and services and also including the acquisition, replacement, or upgrading of medical equipment or vehicles. This financing may include the distribution of funds for health-related capital financing in the form of direct grants, security to underwrite capital development bonds, or security to underwrite loan pools for small businesses. (d) Moneys in each of the special funds established under subsection (a) shall be spent only according to appropriations to the Health First Plan Authority made by the General Assembly. The Authority shall use moneys appropriated from the Smoking/Tobacco Control Trust Fund, the Healthy Communities Trust Fund, the Senior/Disabled Choices Trust Fund, the Healthy Schools Trust Fund, and the Health Infrastructure Fund to award grants and contracts for programs and services according to its policies, standards, and
[February 25, 2000] 54 procedures established under Section 5-30. The Authority shall use moneys appropriated from the Health and Medicine Endowment Fund to award research grants and contracts to universities located in Illinois, also according to those policies, standards, and procedures. (e) Moneys unspent and remaining in a special fund at the end of a fiscal year shall be carried over for reappropriation and expenditure in subsequent fiscal years. Section 5-20. Review of distributions. The General Assembly may from time to time examine the amounts distributed into the special funds established under Section 5-15 and allocated to programs, services, and universities and may alter the schedule of decreases in the percentage of moneys set aside for investment and the corresponding schedule of increases in the percentage of moneys distributed into the special funds, as circumstances and the State's needs dictate. Section 5-25. Treasurer's certification of amounts. Each year, based on the amount paid to the State in that year pursuant to the Master Settlement Agreement, the State Treasurer shall certify to the General Assembly the portion of that amount to be set aside for investment under Section 5-10 and the portion of that amount to be distributed into each of the special funds established under Section 5-15. Section 5-30. Health First Plan Authority. (a) The Health First Plan Authority is created. The Health First Plan Authority shall be composed of 5 members appointed by the Governor with the advice and consent of the Senate. The Governor shall appoint the members within 3 months after the effective date of this Law. The Governor shall initially appoint 2 members for terms of 2 years and 3 members for terms of 4 years. Thereafter, the Governor shall appoint all members for terms of 4 years. If a vacancy occurs in the office of a member, the Governor shall appoint a person to fill the remainder of the unexpired term. The Governor's appointments must reflect a political balance. (b) A member may not have a financial interest in an entity that receives or may receive moneys allocated from one of the special funds established under Section 5-15, nor may a member have a financial interest in any other entity that benefits or may benefit from the allocation of those moneys. (c) Members of the Health First Plan Authority may be reimbursed for their reasonable expenses actually incurred in performing their duties. (d) The Health First Plan Authority shall establish policies, standards, and procedures to govern the allocation of moneys appropriated from the special funds established under Section 5-15. Those policies, standards, and procedures shall (i) require that priority in awarding grants or contracts must go to applicants who propose to use the grant or contract moneys in connection with programs or services to address treatment of tobacco-related illnesses or tobacco-use prevention or cessation and (ii) include provisions for evaluating applicants for grants or contracts funded with those moneys. The Health First Plan Authority also shall establish clear performance and evaluation standards, including, but not limited to, collection of demographic data such as age, gender, race, ethnicity, and geographic information, to be applied to recipients of those moneys to measure the results of the allocations from the special funds and to determine future funding of programs and services from those funds. The Health First Plan Authority must evaluate the performance of every applicant for and recipient of moneys appropriated from one of the special funds and must conduct the evaluation before awarding, continuing, or renewing a grant or contract. (e) The Health First Plan Authority shall employ an executive director and other staff necessary for processing and overseeing grants and contracts funded with moneys appropriated from the special funds established under Section 5-15. (f) The General Assembly shall appropriate moneys for the Health First Plan Authority's operation from the moneys in the Tobacco Settlement Recovery Fund that are set aside for investment under
55 [February 25, 2000] Section 5-10 or from the earnings on those moneys. Section 5-35. Comptroller's annual report. The State Comptroller shall include, in the annual report required under Section 20 of the State Comptroller Act, an accounting of all amounts spent from each of the special funds established under Section 5-15. Section 5-40. Audit of special funds. At least once during every biennium, as provided in Section 3-2 of the Illinois State Auditing Act, the Auditor General shall conduct a financial audit of all expenditures from the special funds established under Section 5-15. Section 5-45. Legislative Research Unit responsibilities. As provided in Section 10-2 of the Legislative Commission Reorganization Act of 1984, the Legislative Research Unit shall evaluate the annual allocations and expenditures of moneys from the special funds established under Section 5-15 and shall conduct program evaluations to determine the impact of the system for distributing moneys paid to the State under the Master Settlement Agreement. Article 10. Section 10-1. Short title. This Article may be cited as the Tobacco Settlement Bonding Authority Law. In this Article, references to "this Law" mean this Article. Section 10-5. Definitions. In this Law: "Bonding Authority" means the Tobacco Settlement Bonding Authority created under Section 10-10. "Board" means the Board of Directors of the Tobacco Settlement Bonding Authority. "Bond" means a bond or note or any other evidence of obligation for borrowed money deemed appropriate by the Board of Directors of the Tobacco Settlement Bonding Authority. "Public member" means a person who is not, and is not related to anyone who is, an elected official, employee, consultant, agent, attorney, or accountant of the State of Illinois or any political subdivision of the State of Illinois. "Master Settlement Agreement" means the Master Settlement Agreement entered in the case of the People of the State of Illinois v. Phillip Morris, et al. (Circuit Court of Cook County, No. 96-L13146). Section 10-10. Creation. There is created the Tobacco Settlement Bonding Authority, which shall constitute a political subdivision, a body politic and corporate, and a municipal corporation of the State of Illinois. The State Treasurer may sell to the Bonding Authority up to 20% of all payments received from the Master Settlement Agreement. The Bonding Authority shall pay its administrative expenses and debt service expenses from the payments that it purchases from the Master Settlement Agreement, provided that its administrative expenses are approved by the Board of Directors and do not exceed 0.5% of the payments transferred to the Bonding Authority. The Bonding Authority shall, by April 14 of each year, after payment of debt service, other obligations, and administrative expenses, remit to the State Treasurer for deposit into the Tobacco Settlement Recovery Fund the remainder of the proceeds of the Master Settlement Agreement that it has received, including investment earnings and any bond proceeds including earnings on the investment of the bond proceeds prior to remittance to the Treasurer. The State Treasurer shall invest any moneys of the Bonding Authority, on behalf of the Bonding Authority, in any investment permitted by the Public Funds Investment Act or any guaranteed investment contract the provider of which has long-term debt rated in one of the three highest rating categories (without regard to any rating refinement or gradation by numerical or other modifiers) by 2 standard rating services. Section 10-15. Board of Directors. The State Treasurer, or his or her designee, shall serve as the Chairman of the Board. The Governor shall appoint 2 public members of the Board and the Attorney General shall appoint one public member of the Board, with the advice and consent of the Senate, each for an initial term expiring July 1, 2003. The State Treasurer, the Governor, and the Comptroller shall each appoint one public member to the Board, with the advice and consent of the Senate, for an initial term expiring July 1, 2002. The Attorney
[February 25, 2000] 56 General and the Comptroller shall each appoint one public member to the Board, with the advice and consent of the Senate, for an initial term expiring July 1, 2001. At the expiration of the term of any member, or in the case of a vacancy, a successor shall be appointed by the elected official, or the successor of the elected official, who made the appointment for the initial term. All successors of Board members shall hold office for a term of 3 years from the first day of July of the year in which they are appointed, except in case of an appointment to fill a vacancy. Vacancies for members shall be filled in the same manner as original appointments for the balance of the unexpired term. In case of a vacancy during the recess of the Senate, the Governor, the Attorney General, the Comptroller, or the State Treasurer shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint some person to fill the vacancy. Any person so appointed whom the Senate confirms shall hold office during the remainder of the term and until his successor is appointed and qualified. The initial appointments by the Governor, the Attorney General, the Comptroller, or the State Treasurer shall be effective immediately. Nothing shall preclude a member from serving consecutive terms. All members of the Board shall hold their offices until their successors are appointed. Section 10-20. Reimbursement of expenses. Reimbursement of expenses of members and employees of the Bonding Authority shall not exceed the rates of reimbursement established by the Governor's Travel Control Board for employees of the State of Illinois. Section 10-25. Actions of members. Four members of the Bonding Authority shall constitute a quorum for the purpose of conducting business. Actions of the Bonding Authority must receive the affirmative vote of at least 4 members. The Bonding Authority shall determine the times and places of its meetings. The members of the Bonding Authority shall serve without compensation for service as a member but are entitled to reimbursement of reasonable expenses incurred in the performance of their official duties. Section 10-30. Officers. (a) The Bonding Authority shall appoint an Executive Director, who shall be chief executive officer of the Bonding Authority. In addition to any other duties set forth in this Law, the Executive Director shall: (1) Direct and supervise the administrative affairs and activities of the Bonding Authority, in accordance with its rules, regulations, and policies. (2) Attend meetings of the Bonding Authority. (3) Keep minutes of all proceedings of the Bonding Authority. (4) Approve all accounts for salaries and all other allowable expenses of the Bonding Authority and its employees and consultants and approve all expenses incidental to the operation of the Bonding Authority. (5) Perform any other duty that the Bonding Authority requires for carrying out the provisions of this Law. (b) The Bonding Authority may appoint other officers of the Bonding Authority who may or may not be members of the Board. Section 10-35. Powers. In addition to the powers set forth elsewhere in this Law, the Bonding Authority may: (1) Adopt and alter an official seal. (2) Sue and be sued and plead and be impleaded, all in its own name, and agree to binding arbitration of any dispute to which it is a party. (3) Adopt bylaws, rules, and regulations to carry out the provisions of this Law. (4) Maintain an office or offices at such place as the Bonding Authority may designate. (5) Employ, either as regular employees or independent contractors, consultants, accountants, attorneys, financial experts, managers and other professional personnel, and such other personnel as may be necessary in the judgment of the Bonding Authority, and fix their compensation.
57 [February 25, 2000] (6) Enter into contracts and agreements of any kind. (7) Issue bonds under Section 10-40. (8) Exercise all the corporate powers granted Illinois corporations under the Business Corporation Act of 1983, except to the extent that powers are inconsistent with those of a body politic and corporate of the State. (9) Do all things necessary or convenient to carry out the powers granted by this Law. Section 10-40. Bonding. (a) The Bonding Authority shall issue bonds which are revenue bonds that are payable solely from and secured solely by the proceeds of the Master Settlement Agreement that have been sold by the State of Illinois to the Bonding Authority from the Master Settlement Agreement. The Bonding Authority may issue bonds for the purpose of purchasing an interest of the State of Illinois in the Master Settlement Agreement, for the purpose of refunding, advance refunding, or refinancing outstanding bonds, for the purpose of establishing reserves, paying the interest on the bonds, and paying costs of issuance of the bonds, and for any other proper public purpose. Bonds may be issued in one or more series and shall be payable solely and secured solely by the portion of the Master Settlement Agreement that the State of Illinois has sold to the Bonding Authority. (b) Bonds may be authorized by a resolution of the Board and may be secured by a trust agreement by and between the Bonding Authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State. Bonds may: (1) Mature at any time or times not exceeding 20 years from the effective date of this Law. (2) Notwithstanding the provisions of the Bond Authorization Act or any other provision of law, bear interest at any fixed or variable rate or rates determined by the method provided in the resolution or trust agreement. (3) Be payable as to principal and interest at any time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to exchange, transfer, or conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution or trust agreement may provide. (4) Be payable in lawful money of the United States at a designated place. (5) Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides. (6) Be executed by the manual or facsimile signatures of the officers of the Bonding Authority designated by the Bonding Authority, which signatures shall be valid at delivery even for one who has ceased to hold office. (7) Be sold at public or private sale in the manner and upon the terms determined by the Bonding Authority. (8) Have such other terms and provisions as shall be authorized by resolution of the Board. (c) Any resolution or trust agreement may contain provisions that shall be a part of the contract with the holders of the bonds as to: (1) Limitations on the issue of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds. (2) The refunding, advance refunding or refinancing of outstanding bonds. (3) The procedure, if any, by which the terms of any contract with holders of the bonds may be altered or amended, the number of bond holders that must consent thereto, and the manner in which consent shall be given. (4) Defining the acts or omissions which shall constitute a default in the duties of the Bonding Authority to the holders of
[February 25, 2000] 58 bonds and providing the rights or remedies of such holders in the event of a default which may include provisions restricting individual right of action by the holders of the bonds. (5) Any other matter relating to the bonds which the Bonding Authority determines appropriate. (d) In connection with the issuance of its bonds, the Bonding Authority may enter into arrangements to provide additional security and liquidity for the bonds. These may include, without limitation, bond insurance, letters of credit, lines of credit by which the Bonding Authority may borrow funds to pay or redeem its bonds, and purchase or remarketing arrangements for assuring the ability of holders of the Bonding Authority's bonds to sell or to have redeemed their bonds. (e) A pledge by the Bonding Authority of the proceeds of the Master Settlement Agreement that the State of Illinois has sold to transfer to the Bonding Authority as security for an issue of bonds or for the performance of its obligations under any management agreement shall be valid and binding from the time when the pledge is made. The portion of the Master Settlement Agreement proceeds that the State of Illinois has committed to transfer to the Bonding Authority pledged shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge shall be valid and binding against any person having any claim of any kind in tort, contract, or otherwise against the Bonding Authority, irrespective of whether the person has notice. No resolution, trust agreement, management agreement or financing statement, continuation statement, or other instrument adopted or entered into by the Bonding Authority need be filed or recorded in any public record other than the records of the Bonding Authority in order to perfect the lien against third persons, regardless of any contrary provision of law. (f) The Bonding Authority may issue bonds to refund, advance refund, or refinance any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of the bonds, provided that the Bonding Authority shall not issue any bonds that mature later than 20 years from the effective date of this Law. (g) At no time shall the total outstanding bonds of the Bonding Authority issued under this Section exceed $500,000,000. Bonds which have been paid, bonds which are being paid or retired by issuance, sale or delivery of bonds, and bonds for which sufficient funds have been deposited with the paying agent or trustee to provide for payment of principal and interest thereon, and any redemption premium, as provided in the authorizing resolution or indenture, shall not be considered outstanding for the purposes of this subsection. (h) The bonds of the Bonding Authority shall not constitute an indebtedness of the State or of any political subdivision of the State. The bonds of the Bonding Authority shall not be an obligation, general or moral, of the State of Illinois and shall not be an obligation, general or moral, secured by a pledge of the full faith and credit of the State of Illinois, and the holders of bonds of the Bonding Authority may not require the levy or imposition by the State of any taxes or the application of other State revenues or funds to the payment of the bonds of the Bonding Authority. No member of the Bonding Authority or any person executing the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds. The foregoing shall be stated on the face of each bond. (i) The State of Illinois pledges to and agrees with the holders of the bonds of the Bonding Authority issued pursuant to this Law that the State will not limit or alter the rights and powers vested in the Bonding Bonding Authority by this Law so as to impair the terms of any contract made by the Bonding Authority with those holders or in any way impair the rights and remedies of those holders until the bonds, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of those holders, are fully
59 [February 25, 2000] met and discharged. In addition, the State pledges to and agrees with the holders of the bonds of the Bonding Authority issued pursuant to this Law that the State will not limit or alter the basis on which the proceeds of the Master Settlement Agreement that the State of Illinois has sold to the Bonding Authority are to be allocated, deposited, and paid to the Authority as provided in this Law, or the use of those funds, so as to impair the terms of any such contract. The Bonding Authority is authorized to include these pledges and agreements of the State in any contract with the holders of bonds issued pursuant to this Section. (j) The Bonding Authority may enter into agreements or contracts with any person necessary or appropriate to place the payment obligations of the Bonding Authority under any of its bonds in whole or in part on any interest rate basis, cash flow basis, or other basis desired by the Bonding Authority, including without limitation agreements or contracts commonly known as "interest rate swap agreements", "forward payment conversion agreements", and "futures", or agreements or contracts providing for payments based on levels of or changes in interest rates, or agreements or contracts to exchange cash flows or a series of payments, or agreements or contracts, including without limitation agreements or contracts commonly known as "options", "puts", or "calls", to hedge payment, rate spread, or similar exposure; provided, that any such agreement or contract shall not constitute an obligation for borrowed money and shall not be taken into account under this Law or any other debt limit of the Bonding Authority or the State of Illinois. Section 10-45. Records and reporting. The Executive Director shall keep a record of the proceedings of the Bonding Authority. The State Treasurer shall be custodian of all Bonding Authority funds and shall be bonded in the amount the other members of the Bonding Authority may designate. The accounts and books of the Bonding Authority shall be set up and maintained in a manner approved by the Auditor General, and the Bonding Authority shall file with the Auditor General a certified annual report within 120 days after the close of its fiscal year. The Bonding Authority shall also file with the Governor, the Secretary of the Senate, the Clerk of the House of Representatives, and the Illinois Economic and Fiscal Commission, by March 1 of each year, a written report covering its activities for the previous fiscal year. After being so filed, the report shall be a public record and open for inspection at the offices of the Bonding Authority during normal business hours. Section 10-50. Conflicts of interest. No member of the Board may participate in any decision on any contract entered into by the Bonding Authority if the member has a 7.5% or greater pecuniary interest, direct or indirect, in any firm, partnership, corporation, or association which is or may be a party to the contract. Contracts or agreements obtained through properly advertised bid procedures, or the ownership of stock or other interest in any firm, partnership, corporation, or association in which the member does not actively participate in day-to-day management, shall not be interpreted as a direct or indirect pecuniary interest in violation of this Law. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection shall not be void or invalid by reason of any such interest, nor shall any person so refraining from participation be guilty of any offense, be removed from office, or be subject to any other penalty on account of that interest. Section 10-55. Dissolution. The Tobacco Settlement Bonding Authority shall be dissolved 20 years after the effective date of this Law. The Bonding Authority shall not be dissolved or liquidated by virtue of any proceedings under, and shall not be subject to, any bankruptcy, insolvency, or similar federal or State laws. Section 10-60. Property exempt from execution. All property of the Bonding Authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process may issue against the Bonding Authority's property, nor may any judgment against the Bonding Authority be a charge or lien upon its property. However, nothing in
[February 25, 2000] 60 this Law shall apply to or limit the rights of the holder of any bonds to pursue any remedy for the enforcement of any pledge or lien given by the Bonding Authority on its revenues or other money. Section 10-65. Limitation. Any action or proceeding in any court to set aside a resolution authorizing the Bonding Authority's issuance of bonds under this Law or to obtain any relief upon the ground that the resolution is invalid must be commenced within 30 days after the Board adopts the resolution. After this period of limitation expires, no right of action or defense founded upon the invalidity of the resolution or any of its provisions may be asserted, nor may the validity of the resolution or any of its provisions be open to question in any court on any ground. Section 10-70. Bonds as legal investments and security. Notwithstanding any restrictions contained in any other law, the State and all public officers, governmental units and agencies of the State, all national banking associations, state banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds issued by the Bonding Authority under this Law. These bonds are authorized security for any and all public deposits. Section 10-75. Tax exemptions. All property of the Bonding Authority and all bonds issued under this Law are deemed to constitute essential public and governmental purposes and the property and the bonds so issued, their transfer and the income from those bonds are at all times exempt from taxation within this State. For purposes of Section 250 of the Illinois Income Tax Act, the exemption of the income from bonds issued under this Act shall terminate after all of the bonds have been paid. The amount of such income that shall be added and then subtracted on the Illinois income tax return of a taxpayer, pursuant to Section 203 of the Illinois Income Tax Act, from federal adjusted gross income or federal taxable income in computing Illinois base income shall be the interest net of any bond premium amortization. Section 10-80. Personal liability. Neither the members of the Board nor any person executing bonds issued under this Law shall be liable personally on those bonds by reason of the issuance of the bonds. Section 10-85. Complete, additional, and alternative methods. The foregoing Sections of this Law are deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, provided that the issuance of bonds under this Law need not comply with the requirements of any other law applicable to the issuance of bonds. Except as otherwise expressly provided in this Law, none of the powers granted to the Bonding Authority under this Law shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official, or agency thereof or of the State. Section 10-90. Liberal construction of Law. This Law, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect its purposes. Section 10-95. Severability. If any clause or other portion of this Law is held invalid, that decision shall not affect the validity of the remaining portions of this Law. It is hereby declared that all such remaining portions of this Law are severable, and that the General Assembly would have enacted the remaining portions if the portions that may be so held to be invalid had not been included in this Law. Article 90. Section 90-5. The State Comptroller Act is amended by changing Section 20 as follows: (15 ILCS 405/20) (from Ch. 15, par. 220)
61 [February 25, 2000] Sec. 20. Annual report. The comptroller shall annually, as soon as possible after the close of the fiscal year but no later than December 31, make out and present to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives a report, showing the amount of warrants drawn on the treasury, on other funds held by the State Treasurer and on any public funds held by State agencies, during the preceding fiscal year, and stating, particularly, on what account they were drawn, and if drawn on the contingent fund, to whom and for what they were issued. The comptroller shall include in the annual report an accounting of all amounts spent from each of the special funds established under Section 5-15 of the Health First Plan Law. He shall, also, at the same time, report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives the amount of money received into the treasury, into other funds held by the State Treasurer and into any other funds held by State agencies during the preceding fiscal year, and stating particularly, the source from which the same may be derived, and also a general account of all the business of his office during the preceding fiscal year. The report shall also summarize for the previous fiscal year the information required under Section 19. Within 60 days after the expiration of each calendar year, the comptroller shall compile, from records maintained and available in his office, a list of all persons including those employed in the office of the comptroller, who have been employed by the State during the past calendar year and paid from funds in the hands of the State Treasurer. The list shall be arranged according to counties and shall state in alphabetical order the name of each employee, the address in the county in which he votes, except as specified below, the position and the total salary paid to him during the past calendar year. For persons employed by the Department of Corrections, Department of Children and Family Services and the Department of State Police no address shall be listed. The list so compiled and arranged shall be kept on file in the office of the comptroller and be open to inspection by the public at all times. No person who utilizes the names obtained from this list for solicitation shall represent that such solicitation is authorized by any officer or agency of the State of Illinois. Violation of this provision is a Business Offense punishable by a fine not to exceed $3,000. (Source: P.A. 86-1003.) Section 90-10. The Legislative Commission Reorganization Act of 1984 is amended by changing Section 10-2 as follows: (25 ILCS 130/10-2) (from Ch. 63, par. 1010-2) Sec. 10-2. The Legislative Research Unit shall collect information concerning the government and general welfare of the State, examine the effects of constitutional provisions and previously enacted statutes, consider important issues of public policy and questions of state-wide interest, and perform research and provide information as may be requested by the members of the General Assembly or as the Joint Committee on Legislative Support Services considers necessary or desirable. The Legislative Research Unit shall maintain an up-to-date computerized record of the information required to be reported to it by Section 1 of "An Act concerning State boards and commissions and amending a named Act", enacted by the 86th General Assembly, which information shall be a public record under The Freedom of Information Act. The Legislative Research Unit may prescribe forms for making initial reports and reports of change under that Section, and may request information to verify compliance with that Section. Each year, the Legislative Research Unit shall evaluate the allocations and expenditures of moneys from the special funds established under Section 5-15 of the Health First Plan Law and shall conduct program evaluations to determine the impact of the system for distributing moneys paid to the State under the Master Settlement
[February 25, 2000] 62 Agreement as defined in that Law. The Legislative Research Unit may enter into contracts with public or private entities to conduct the evaluations. The Legislative Research Unit shall report the evaluation findings each year to the General Assembly. (Source: P.A. 86-591.) Section 90-15. The Illinois State Auditing Act is amended by changing Section 3-2 as follows: (30 ILCS 5/3-2) (from Ch. 15, par. 303-2) Sec. 3-2. Mandatory and directed post audits. The Auditor General shall conduct a financial audit of each State agency except the Auditor General or his office at least once during every biennium, except as is otherwise provided in regulations adopted under Section 3-8. At least once during every biennium, the Auditor General shall conduct a financial audit of all expenditures from the special funds established under Section 5-15 of the Health First Plan Law. The general direction and supervision of the financial audit program may be delegated only to an individual who is a Certified Public Accountant and a payroll employee of the Office of the Auditor General. In the conduct of financial audits, the Auditor General may inquire into and report upon matters properly within the scope of a management or program audit, provided that such inquiry shall be limited to matters arising during the ordinary course of the financial audit. In any year the Auditor General shall conduct any special audits as may be necessary to form an opinion on the financial report of this State, as prepared by the Comptroller, and to certify that this presentation is in accordance with generally accepted accounting principles for government. Simultaneously with the biennial financial audit of the Department of Human Services, the Auditor General shall conduct a program audit of each facility under the jurisdiction of that Department that is described in Section 4 of the Mental Health and Developmental Disabilities Administrative Act. The program audit shall include an examination of the records of each facility concerning reports of suspected abuse or neglect of any patient or resident of the facility. The Auditor General shall report the findings of the program audit to the Governor and the General Assembly, including findings concerning patterns or trends relating to abuse or neglect of facility patients and residents. However, for any year for which the Inspector General submits a report to the Governor and General Assembly as required under Section 6.7 of the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Auditor General need not conduct the program audit otherwise required under this paragraph. The Auditor General shall conduct a management or program audit of a State agency when so directed by the Commission, or by either house of the General Assembly, in a resolution identifying the subject, parties and scope. Such a directing resolution may: (a) require the Auditor General to examine and report upon specific management efficiencies or cost effectiveness proposals specified therein; (b) in the case of a program audit, set forth specific program objectives, responsibilities or duties or may specify the program performance standards or program evaluation standards to be the basis of the program audit; (c) be directed at particular procedures or functions established by statute, by administrative regulation or by precedent; and (d) require the Auditor General to examine and report upon specific proposals relating to state programs specified in the resolution. The Commission may by resolution clarify, further direct, or limit the scope of any audit directed by a resolution of the House or Senate, provided that any such action by the Commission must be consistent with the terms of the directing resolution. (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.) Section 90-20. The State Finance Act is amended by adding Sections 5.541, 5.542, 5.543, 5.544, 5.545, and 5.546 and changing Section 6z-43
63 [February 25, 2000] as follows: (30 ILCS 105/5.541 new) Sec. 5.541. The Smoking/Tobacco Control Trust Fund. (30 ILCS 105/5.542 new) Sec. 5.542. The Healthy Communities Trust Fund. (30 ILCS 105/5.543 new) Sec. 5.543. The Seniors/Disabled Choices Trust Fund. (30 ILCS 105/5.544 new) Sec. 5.544. The Healthy Schools Trust Fund. (30 ILCS 105/5.545 new) Sec. 5.545. The Health and Medicine Endowment Fund. (30 ILCS 105/5.546 new) Sec. 5.546. The Health Infrastructure Fund. (30 ILCS 105/6z-43) Sec. 6z-43. Tobacco Settlement Recovery Fund. There is created in the State Treasury a special fund to be known as the Tobacco Settlement Recovery Fund into which shall be deposited all monies paid to the State pursuant to (1) the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146) and (2) any settlement with or judgment against any tobacco product manufacturer other than one participating in the Master Settlement Agreement in satisfaction of any released claim as defined in the Master Settlement Agreement, as well as any other monies as provided by law. All earnings on Fund investments shall be deposited into the Fund. Upon the creation of the Fund, the State Comptroller shall order the State Treasurer to transfer into the Fund any monies paid to the State as described in item (1) or (2) of this Section before the creation of the Fund plus any interest earned on the investment of those monies. The State Treasurer shall administer the Fund as provided in the Health First Plan Law. (Source: P.A. 91-646, eff. 11-19-99.) Section 90-99. 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. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Scott, HOUSE BILL 3287 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: 40, Yeas; 69, Nays; 5, Answering Present. (ROLL CALL 7) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative Younge, HOUSE BILL 3500 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: 112, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
[February 25, 2000] 64 Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative McCarthy, HOUSE BILL 3420 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: 113, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 9) This bill, 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. On motion of Representative Myers, HOUSE BILL 4267 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: 76, Yeas; 36, Nays; 2, Answering Present. (ROLL CALL 10) This bill, 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. RECALLS By unanimous consent, on motion of Representative Gash, HOUSE BILL 3254 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading. Representative Gash offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3254 AMENDMENT NO. 1. Amend House Bill 3254 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Dissection Alternatives Act. Section 5. Findings and purpose. (a) The General Assembly finds and declares that the appropriate use of dissection in research and education has contributed a great deal to the advancement of medical and biological science. Without dissection the science of anatomy could not have advanced, and it is the bedrock supporting the modern practice of surgery in its many forms. The appropriate use of dissection has brought many benefits to the people of this State, and it continues to play important roles in medical and veterinary practice, research, and education. (b) The General Assembly also finds that the remarkable progress of the last few decades has produced significant advances in computing and the graphic and representational arts, and that these developments have resulted in the creation of many new technologies for teaching anatomy, physiology, and other medical and biological sciences. In certain circumstances these new technologies are capable of providing an educational experience superior to dissection, and they have often proven to be less expensive and more humane. (c) The General Assembly also finds that the use of dissection, when inappropriate or poorly supervised, can result in the inhumane treatment and unnecessary suffering of animals. The inappropriate or careless use of dissection in schools has also in some instances traumatized students and contributed to a failure to teach proper respect for life and living creatures. (d) It is the purpose of this Act to encourage schools in this State to make available and use alternatives to dissection when those alternatives are appropriate and can provide an educational experience
65 [February 25, 2000] that is equal or superior to the traditional use of dissection. It is not in any way the intention of this Act to discourage the appropriate use of dissection in research or when it provides a valuable educational experience to students. Section 10. Definitions. For the purposes of this Act, unless the context otherwise requires: "Student" means a pupil at a public or private elementary or secondary school in Illinois. "Teacher" means a person who is teaching at a public or private elementary or secondary school in Illinois, regardless of whether that teaching is on a full-time or part-time, temporary or permanent, or regular or substitute basis. "Dissection" includes cutting, killing, inspecting, touching, handling, preserving, mounting, or other manipulation of living or dead animals or animal parts for scientific study; but does not include the cutting, inspecting, touching, handling, preserving, mounting, or other manipulation of (1) meat or other animal products that have been processed for use as food or in the preparation of food or (2) wool, silk, glue, or other commercial or artistic products derived from animals. Section 15. Alternative student projects. A school may excuse a student enrolled in a course in which students are ordinarily expected to perform, participate in, or observe dissection who objects for any reason to performing, participating in, or observing that dissection and instead allow the student to complete an alternative project. The alternative project should be nonpunitive and should be reasonably chosen to provide the student, through means other than dissection, with knowledge similar to that expected to be gained by other students in the course who perform, participate in, or observe the dissection. The alternative project should be consistent with any guidelines for alternative projects that have been adopted by the State Board of Education. Section 20. Guidelines for notification of students and parents. (a) The State Board of Education shall develop and make available guidelines that may be used by the public elementary and secondary schools within this State to give appropriate notice of the following to students and their parents or legal guardians: (1) Which, if any, of the courses taught at the school ordinarily require or allow the student to perform, participate in, or observe dissection. (2) Whether or not the school makes available to students the opportunity to complete an alternative project. (b) When offering high school students an opportunity to choose between dissection or an alternative project, teachers should encourage the students to take into consideration the expectations and requirements of the colleges and graduate programs that they may be interested in attending. Section 25. Discrimination prohibited. A student may not be penalized or discriminated against in any way for refusing to perform, participate in, or observe dissection. Section 99. Effective date. This Act takes effect upon becoming law and first applies to the 2000-2001 school year.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1. was ordered engrossed; and the bill as amended was ordered transcribed, typed and again advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments
[February 25, 2000] 66 pending were tabled pursuant to Rule 40(a). On motion of Representative Osmond, HOUSE BILL 3926 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: 103, Yeas; 11, Nays; 0, Answering Present. (ROLL CALL 11) This bill, 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. On motion of Representative Poe, HOUSE BILL 3132 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: 112, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 12) This bill, 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. On motion of Representative Beaubien, HOUSE BILL 3995 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; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, 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. On motion of Representative Brady, HOUSE BILL 4231 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: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, 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. On motion of Representative Winkel, HOUSE BILL 4450 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; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, 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. On motion of Representative Righter, HOUSE BILL 3538 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: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) This bill, 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. On motion of Representative Leitch, HOUSE BILL 3979 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:
67 [February 25, 2000] 88, Yeas; 21, Nays; 4, Answering Present. (ROLL CALL 17) This bill, 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. On motion of Representative Daniels, HOUSE BILL 4070 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; 0, Nays; 0, Answering Present. (ROLL CALL 18) This bill, 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. On motion of Representative Dart, HOUSE BILL 4348 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: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 4119. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4119 AMENDMENT NO. 1. Amend House Bill 4119 on page 2, by replacing lines 24 through 26 with the following: "placement. Upon the local team's determination of the need for residential services, the Department must exercise due diligence to"; and on page 2, line 31, after "Grant.", by inserting "The school district, local screening agents, and service providers must hold an individualized education program meeting to determine the need for the residential placement of an individual for educational purposes."; and on page 3, by replacing lines 30 and 31 with the following: "(a) The State Board of Education must assure that appropriate educational services are provided by local school districts to children and adolescents with mental". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4703. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4703 AMENDMENT NO. 1. Amend House Bill 4703 on page 1, immediately below line 3, by inserting the following: "Section 3. The Board of Higher Education Act is amended by
[February 25, 2000] 68 changing Section 9.28 as follows: (110 ILCS 205/9.28) Sec. 9.28. Graduation incentive grant program. (a) The graduation incentive grant program is hereby created. The program shall be implemented and administered by the Board of Higher Education to provide grant incentives to public universities that offer their undergraduate students contracts under which the university commits itself to provide the courses, programs, and support services necessary to enable the contracting students to graduate within 4 years or, for universities that (i) have a prominent number of non-traditional or transfer students or (ii) do not have freshman and sophomore enrollment, to have an expedited graduation. Grants shall be awarded from appropriations made to the Board of Higher Education for purposes of this Section. (b) To be eligible for grant consideration, a public university shall annually file a report with the Board of Higher Education detailing its 4-year or expedited graduation contract program. The report shall include, at a minimum, the following information: the number of undergraduate students participating in the program, the requirements of the 4-year or expedited graduation contracts offered by the university, the types of additional support services provided by the university to the contracting students, and the cost of the program. (c) In awarding grants to public universities under this Section, the Board of Higher Education may consider each applicant's report data, the number of institutions wishing to participate, and such other criteria as the Board of Higher Education determines to be appropriate. (d) The Board of Higher Education shall annually submit to the Governor and the General Assembly a budgetary recommendation for grants under this Section and shall notify applicants for grant assistance that the award of grants under this Section is contingent upon the availability of appropriated funds. (e) The Board of Higher Education may adopt such rules as it deems necessary for administration of the grant program created by this Section. (Source: P.A. 90-750, eff. 8-14-98; 91-357, eff. 7-29-99.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3093. Having been recalled on February 24, 2000, and held on the order of Second Reading, the same was again taken up. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3093 AMENDMENT NO. 2. Amend House Bill 3093, AS AMENDED, by replacing the title with the following: "AN ACT concerning tree and soil conservation."; and by replacing everything after the enacting clause with the following: "Section 5. The Department of Agriculture Law of the Civil Administrative Code of Illinois is amended by adding Section 205-440 as follows: (20 ILCS 205/205-440 new) Sec. 205-440. Tree buffer program. The Department of Agriculture shall (i) assist and advise the Trees Forever Illinois Buffer Initiative; (ii) give general advice and guidance to the Trees Forever Illinois Buffer Initiative regarding the State agencies and State resources of relevance to implementation of the program; and (iii) aid in the promotion of and public dissemination of information about the Trees Forever Illinois Buffer Initiative. Section 10. The Rivers, Lakes, and Streams Act is amended by changing Section 29a as follows:
69 [February 25, 2000] (615 ILCS 5/29a) (from Ch. 19, par. 78) Sec. 29a. Construction permits; maintenance and repairs; clear cutting. (a) After July 1, 1985, no person, State agency, or unit of local government shall undertake construction in a public body of water or in a stream without a permit from the Department of Natural Resources. No permit shall be required in a stream which is not a public body of water, draining less than one square mile in an urban area or less than ten square miles in a rural area. No permits shall be required for field tile systems, tile outlet structures, terraces, water and sediment control basins, grade stabilization structures, or grassed waterways which do not obstruct flood flows. Any artificially improved stream channel, drainage ditch, levee, or pumping station existing in serviceable condition on July 1, 1985 may be maintained and repaired to preserve design capacity and function without a permit. Maintenance and repair of improved channels, ditches or levees shall follow accepted practices to reduce, as practical, scour, erosion, sedimentation, escape of loose material and debris, disturbance of adjacent trees and vegetation, and obstruction of flood flows. (b) No person, State agency, or unit of local government, except a unit of local government with a population greater than 500,000, may clear cut, as defined by rule by the Department of Natural Resources, trees within 15 yards of waters listed by the Department under Section 5 as navigable, except as follows: (1) for the purpose of improving, maintaining, repairing, constructing, and reconstructing any highway, road, bridge, culvert, drainage structure, drainage facility, or grade separation under the jurisdiction of the Illinois Department of Transportation or any road district, highway commissioner, or drainage district; (2) for maintenance and improvement of drainage of or on agricultural land, for which trees may be removed; and (3) for the purpose of improving, maintaining, repairing, constructing, or reconstructing any facility for the distribution, transmission, or generation of electricity. (Source: P.A. 89-445, eff. 2-7-96.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. RESOLUTIONS HOUSE RESOLUTIONS 607, 608, 609, 610, 611, 613, 614, 615, 616 and 617 were taken up for consideration. Representative Lopez moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 807, 1278, 1276, 1288, 1304, 1338, 1339, 1391, 1426, 1439, 1440, 1446, 1503, 1504, 1510, 1524, 1537, 1540, 1567, 1602, 1613, 1636, 1645, 1653, 1655, 1657, 1718, 1841, 1852, 1876, 1885, 1888, 1923 and 1929. MESSAGES FROM THE SENATE A message from the Senate by
[February 25, 2000] 70 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. 59 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Friday, February 25, 2000, the Senate stands adjourned until Tuesday, February 29, 2000, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, February 29, 2000, at 1:00 o'clock p.m. Adopted by the Senate, February 25, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 59 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 59 was adopted. Ordered that the Clerk inform the Senate. At the hour of 1:35 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 59, the House stood adjourned until Tuesday, February 29, 2000, at 1:00 o'clock p.m.
71 [February 25, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE FEB 25, 2000 0 YEAS 0 NAYS 114 PRESENT P ACEVEDO P FOWLER P LINDNER P REITZ P BASSI P FRANKS P LOPEZ P RIGHTER P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI E HASSERT P MITCHELL,JERRY P SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK P MORROW P STEPHENS E COWLISHAW P HOWARD P MULLIGAN E STROGER P CROSS P HULTGREN P MURPHY P TENHOUSE P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRY P JONES,JOHN P O'BRIEN P WAIT P DANIELS P JONES,LOU P O'CONNOR P WINKEL P DART P JONES,SHIRLEY P OSMOND P WINTERS P DAVIS,MONIQUE P KENNER A OSTERMAN P WIRSING P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK P DELGADO P KOSEL P PARKE P WOOLARD P DURKIN P KRAUSE P PERSICO P YOUNGE P ERWIN P LANG P POE P ZICKUS P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER P FLOWERS P LEITCH E - Denotes Excused Absence
[February 25, 2000] 72 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4047 ELDER ABUSE-COMMNCE CIV ACTION THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
73 [February 25, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4176 PRESCRIPTION DRUG INFO CARD THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 25, 2000] 74 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 620 SPECIAL HOUSE COMM-TELECOM ADOPTED FEB 25, 2000 113 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR P WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
75 [February 25, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 452 PRIV DETECTIVE ACT-EMPLOYEE REQ THIRD READING PASSED FEB 25, 2000 108 YEAS 6 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY N SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
[February 25, 2000] 76 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3881 OPEN MEETINGS-SCHOOL SECURITY THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
77 [February 25, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3287 LOC PLANNING TECHNICAL ASSISTN THIRD READING LOST FEB 25, 2000 40 YEAS 69 NAYS 5 PRESENT N ACEVEDO N FOWLER P LINDNER N REITZ Y BASSI Y FRANKS N LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY P LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT N LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS N SAVIANO N BLACK N GIGLIO N MAUTINO N SCHMITZ N BOLAND P GILES N McAULIFFE Y SCHOENBERG N BOST N GRANBERG Y McCARTHY Y SCOTT N BRADLEY Y HAMOS N McGUIRE Y SCULLY N BRADY N HANNIG Y McKEON Y SHARP Y BROSNAHAN N HARRIS N MEYER N SILVA N BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER N BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE P BURKE Y HOEFT N MOFFITT Y SMITH N CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK P MORROW N STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN N WIRSING N DAVIS,STEVE N KLINGLER Y PANKAU N WOJCIK N DELGADO N KOSEL N PARKE N WOOLARD N DURKIN Y KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
[February 25, 2000] 78 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3500 METROPOLITAN COM COL DIST 541 THIRD READING PASSED FEB 25, 2000 112 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
79 [February 25, 2000] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3420 VEH CD-ELECTRONIC FILING THIRD READING PASSED FEB 25, 2000 113 YEAS 1 NAYS 0 PRESENT N ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 25, 2000] 80 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4267 CD CORR-EXECUTIVE CLEMENCY THIRD READING PASSED FEB 25, 2000 76 YEAS 36 NAYS 2 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN N FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT N LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ N BOLAND N GILES Y McAULIFFE N SCHOENBERG Y BOST Y GRANBERG Y McCARTHY N SCOTT N BRADLEY N HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG N McKEON N SHARP Y BROSNAHAN N HARRIS Y MEYER P SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY N SLONE N BURKE Y HOEFT Y MOFFITT N SMITH Y CAPPARELLI N HOFFMAN Y MOORE Y SOMMER Y COULSON N HOLBROOK N MORROW Y STEPHENS E COWLISHAW N HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN N MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL P DART N JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE N KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK N DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO N YOUNGE N ERWIN N LANG Y POE Y ZICKUS N FEIGENHOLTZ Y LAWFER N PUGH Y MR. SPEAKER N FLOWERS Y LEITCH E - Denotes Excused Absence
81 [February 25, 2000] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3926 HOME REPAIR BUSNSS-SURETY BOND THIRD READING PASSED FEB 25, 2000 103 YEAS 11 NAYS 0 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y REITZ Y BASSI N FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO N MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
[February 25, 2000] 82 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3132 COUNTY GOVERNMENT-TECH THIRD READING PASSED FEB 25, 2000 112 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK P MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
83 [February 25, 2000] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3995 CIGARETTE TAX-GRAY MARKET CIGS THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 25, 2000] 84 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4231 CRIMINAL LAW-TECH THIRD READING PASSED FEB 25, 2000 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO A BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
85 [February 25, 2000] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4450 MILITARY FLAGS COMMISSION THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 25, 2000] 86 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3538 CRIM CD-THEFT-POLICE EVIDENCE THIRD READING PASSED FEB 25, 2000 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
87 [February 25, 2000] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3979 VEH CD-AIRPORT SURCHARGES THIRD READING PASSED FEB 25, 2000 88 YEAS 21 NAYS 4 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y REITZ Y BASSI N FRANKS N LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO A BLACK N GIGLIO Y MAUTINO Y SCHMITZ N BOLAND Y GILES Y McAULIFFE N SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON P SHARP Y BROSNAHAN Y HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK P MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK P DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE N ZICKUS Y FEIGENHOLTZ Y LAWFER P PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 25, 2000] 88 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4070 MEDICAID-DISABLD BUY COVERAGE THIRD READING PASSED FEB 25, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
89 [February 25, 2000] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4348 CHILD SAFETY THIRD READING PASSED FEB 25, 2000 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO A BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS E COWLISHAW Y HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER A OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence