STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
128TH LEGISLATIVE DAY
THURSDAY, NOVEMBER 16, 2000
10:00 0'CLOCK A.M.
NO. 128
[November 16, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 128th Legislative Day Action Page(s) Adjournment........................................ 29 Fiscal Note Requested.............................. 3 Fiscal Note Supplied............................... 3 Introduction and First Reading - HB4760-4763....... 9 Pension Notes Supplied............................. 4 Quorum Roll Call................................... 3 State Debt Impact Note Requested................... 3 State Debt Note Supplied........................... 4 State Mandate Note Requested....................... 4 Temporary Committee Assignments.................... 3 Bill Number Legislative Action Page(s) HB 4577 Third Reading...................................... 24 HB 4738 Committee Report-Floor Amendment/s................. 3 HB 4738 Second Reading - Amendment/s....................... 24 HJR 0074 Resolution......................................... 26 HJR 0075 Resolution......................................... 26 HJR 0076 Resolution......................................... 27 HR 0886 Adoption........................................... 24 HR 0886 Adoption........................................... 24 HR 0889 Adoption........................................... 24 HR 0891 Adoption........................................... 24 HR 0892 Adoption........................................... 24 HR 0893 Adoption........................................... 24 HR 0894 Adoption........................................... 24 HR 0895 Adoption........................................... 24 HR 0896 Adoption........................................... 24 HR 0897 Adoption........................................... 24 HR 0898 Adoption........................................... 24 HR 0900 Adoption........................................... 24 HR 0901 Adoption........................................... 24 HR 0902 Adoption........................................... 24 HR 0903 Adoption........................................... 24 HR 0903 Adoption........................................... 24 HR 0904 Adoption........................................... 24 HR 0905 Adoption........................................... 24 HR 0906 Adoption........................................... 24 HR 0907 Resolution......................................... 25 HR 0908 Adoption........................................... 24 HR 0908 Resolution......................................... 10 HR 0909 Adoption........................................... 24 HR 0909 Resolution......................................... 10 HR 0910 Adoption........................................... 24 HR 0910 Resolution......................................... 11 SB 0851 Second Reading - Amendment/s....................... 11 SB 0851 Third Reading...................................... 23 SB 1047 Third Reading...................................... 23 SB 1191 First Reading...................................... 25 SB 1191 Senate Message - Passage of Senate Bill............ 5 SB 1867 First Reading...................................... 25 SB 1869 Senate Message - Passage of Senate Bill............ 4 SB 1975 First Reading...................................... 25 SB 1975 Senate Message - Passage of Senate Bill............ 4 SJR 0076 Adoption........................................... 24 SJR 0076 Senate Message..................................... 5 SJR 0076 Senate Message..................................... 28
3 [November 16, 2000] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hartke led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 114 present. (ROLL CALL 1) By unanimous consent, Representatives Flowers, Eileen Lyons, Morrow and Parke were excused from attendance. SUBCOMMITTEE ASSIGNMENTS Speaker Madigan announced the the following members: Subcommittee on Mass Transit Compliance: Representative Hamos, Chairperson; Representatives Joseph Lyons and Osterman: Representative Bassi, Spokesperson; Representative McAuliffe. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Cowlishaw replaced Representative Mulligan, and Representative Coulson replaced Representative Hoeft in the Committee on Elementary & Secondary Education on November 14, 2000. Representative Bost replaced Representative Beaubien in the Committee on Personnel & Pensions on November 15, 2000. Representative Righter replaced Representative Biggins in the Committee on Electric Utility Deregulation on November 15, 2000. Representative Jerry Mitchell replaced Representative Mulligan in the Committee on Elementary & Secondary Education on November 14, 2000. REPORT FROM STANDING COMMITTEE 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 4738. The committee roll call vote on Amendment No. 1 to HOUSE BILL 4738 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig Y Tenhouse Y Turner, Art REQUEST FOR FISCAL NOTE Representative Black requested that a Fiscal Note be supplied for HOUSE BILL 4738, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 1047, as amended. REQUEST FOR STATE DEBT IMPACT NOTE
[November 16, 2000] 4 Representative Black requested that a State Debt Impact Note be supplied for HOUSE BILL 4738, as amended. STATE DEBT NOTE SUPPLIED A State Debt Note has been supplied for HOUSE BILL 4748, as amended. PENSION NOTES SUPPLIED Pension Notes have been supplied for HOUSE BILLS 4747, 4748 and 4756. REQUEST FOR STATE MANDATE NOTE Representative Black requested that a State Mandate Note be supplied for HOUSE BILL 4738, 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 a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1869 A bill for AN ACT to amend the Recycled Content Products Study Act. Passed by the Senate, November 16, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1869 was 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 a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1975 A bill for AN ACT concerning land claims. Passed by the Senate, November 16, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1975 was 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 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:
5 [November 16, 2000] SENATE JOINT RESOLUTION NO. 76 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 Thursday, November 16, 2000, the Senate stands adjourned until Tuesday, November 28, 2000, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, November 28, 2000, at 1:00 o'clock p.m. Adopted by the Senate, November 16, 2000. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1191 A bill for AN ACT to amend the Uniform Disposition of Unclaimed Property Act by adding Section 10.6. Passed by the Senate, November 16, 2000. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1191 was 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 accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 810 A bill for AN ACT to amend the Illinois Income Tax Act by adding Section 210.5. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 15, 2000. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to Senate Bill 810 in manner and form as follows: AMENDMENT TO SENATE BILL 810 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 810 on page 2, line 9, after "facility.", by inserting the following: "As used in this Section, "child care facility" is limited to a child care facility located in Illinois.". Date: November 9, 2000 s/Doris Karpiel Senator
[November 16, 2000] 6 State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR June 13,2000 To the Honorable Members of The Illinois State Senate 91st General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 810, "AN ACT to amend the Illinois Income Tax Act by adding Section 210.5," with my specific recommendation for change. Senate Bill 810 creates a two-part corporate income tax credit for the start-up costs and on-going costs incurred by a corporation in providing child care to its employees. The credit for start-up costs is equal to 30% of the costs incurred by a corporation in implementing a child care facility. This credit is available for tax years 2000 through 2004. The credit for on-going costs consists of a 5% corporate income tax credit for the annual costs of providing a child care facility for employees. This credit is effective beginning tax year 2000 and thereafter. I have consistently supported expansion of the existing tax credit granted to manufacturing companies for operating on-premises child care facilities. Senate Bill 810 meets my objectives in providing a broad-based tax credit, both for start-up costs for child care facilities and for costs incurred in operating such facilities. I believe, however, it was always the intention of the legislature to limit the availability of the tax credit authorized in Senate Bill 810 to child care facilities located within the State of Illinois. My concern is that without a specific limitation in the language of Senate Bill 810, corporations that pay Illinois State Income Tax but have no child care facilities in Illinois could take advantage of these credits. I believe that the tax credit against the Illinois Corporate Income Tax authorized by Senate Bill 810 should be expressly linked to the provision of child care through facilities located in this State. For this reason, I hereby return Senate Bill 810 with the following recommendation for change: On page 2, in line 9, after "facility.", by inserting "As used in this Section, "child care facility" is limited to a child care facility located in Illinois." With this change, Senate Bill 810 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations
7 [November 16, 2000] for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1382 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 21-1.3. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 15, 2000. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to Senate Bill 1382 in manner and form as follows: AMENDMENT TO SENATE BILL 1382 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1382 on page 1, by replacing line 28 with the following: "property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred". Date: November 9, 2000 s/Ira Silverstein Senator State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR June 30, 2000 To the Honorable Members of The Illinois State Senate 91st General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1382 entitled "AN ACT to amend the Criminal Code of 1961 by changing Section 21-1.3," with my specific recommendation for change. Senate Bill 1382 provides that a person found guilty of a felony violation of criminal defacement of property, in addition to any other sentence that may be imposed, shall be fined $500 plus the actual costs incurred by the property owner for costs associated with repair, remediation, abatement, or clean-up of the property. Hopefully, the monetary fine and reimbursement costs in Senate Bill 1382 would act as another deterrent to the criminal act of defacement of property. This bill also provides monetary punishment to those involved in the crime, and provides compensatory damages to the victim. I support the intent of SB 1382. However, under current law, a person convicted of a felony is subject to a fine of up to $25,000. Under Senate Bill 1382, a person convicted of a felony violation of
[November 16, 2000] 8 criminal defacement of property would be limited to paying a fine of $500 instead of a fine of up to $25,000. For this reason, I hereby return Senate Bill 1382 with the following recommendation for change: On page 1, by replacing line 28 with: "property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred" With this change, Senate Bill 1382 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR qt+2 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1404 A bill for AN ACT concerning the regulation of audiologists. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 15, 2000. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to Senate Bill 1404 in manner and form as follows: AMENDMENT TO SENATE BILL 1404 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1404 as follows: on page 4, by deleting lines 18 and 19; and on page 4, below line 23, by inserting the following: "(c) Audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act are exempt from licensure under this Act, but are otherwise subject to the practices and provisions of this Act.". Date: November 14, 2000 s/Wendell E. Jones Senator State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR July 7, 2000 To the Honorable Members of The Illinois State Senate 91st General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
9 [November 16, 2000] the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1404, entitled "AN ACT concerning the regulation of audiologists," with specific recommendations for change. Senate Bill 1404 makes a variety of useful changes, particularly concerning the regulation of the sale of hearing instruments to consumers. Included in Senate Bill 1404 is a change that appropriately eliminates a duplicative licensure requirement for licensed audiologists who dispense or service hearing instruments. The Hearing Instrument Consumer Protection Act (225 ILCS 50/1, et seq.) provides that no person shall engage in the selling, practice of testing, fitting, selecting, recommending, adapting, dispensing or servicing hearing aids or display a sign, advertise or represent oneself as a person who practices the fitting or selling of hearing aids, unless such person holds a current license issued by the Department of Public Health. Such a person is known as a licensed hearing instrument dispenser. Senate Bill 1404 eliminates the requirement of hearing instrument dispenser licensure for persons who are already licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. This is achieved by stating that licensed audiologists are exempt from the Hearing Instrument Consumer Protection Act. While I believe that licensed audiologists are sufficiently trained to safely practice as hearing instrument dispensers without additional licensure, I am concerned that their total exemption from the Hearing Instrument Consumer Protection Act would allow them to practice in this field while not being subject to the consumer protection provisions of that Act. I recognize that this is not the intent of Senate Bill 1404, but I am concerned that this could be the result if this change becomes laws. Therefore, I submit the following specific recommendations for change: On page 4, by deleting lines 18 and 19; and On page 4, below line 23, by inserting the following: "(c) Audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act are exempt from licensure under this Act, but are otherwise subject to the practices and provisions of this Act.". With these changes, Senate Bill 1404 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 4760. Introduced by Representative Skinner, a bill for AN ACT concerning public health and safety. HOUSE BILL 4761. Introduced by Representatives Curry - O'Brien, a bill for AN ACT concerning taxation. HOUSE BILL 4762. Introduced by Representative Bill Mitchell, a
[November 16, 2000] 10 bill for AN ACT concerning presidential and vice-presidential electors. HOUSE BILL 4763. Introduced by Representative Delgado, a bill for AN ACT regarding the State Police. AGREEED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 908 Offered by Representative Erwin: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Michael Maggio, who recently passed away; and WHEREAS, Michael Maggio was born and raised in Chicago; he attended Holy Cross High School and studied at DePaul University before he transferred to the University of Arizona, where he received both undergraduate and graduate degrees in theater; and WHEREAS, Michael Maggio returned to Chicago and directed his first musical "Fiddler on the Roof" for SCT Productions; he was recognized as a hot, young director after his production of "Candide" for SCT Productions in 1977; and WHEREAS, Michael Maggio went on to work full-time with the Court Theatre at the University of Chicago, Wisdom Bridge and Remains Theatres, and the Woodstock Music Theatre Festival; he was artistic director of Northlight Theatre in Evanston from 1984 to 1987; his 1985 production of "The Real Thing" by Tom Stoppard established him as a premiere interpreter of plays by Mr. Stoppard; and WHEREAS, In 1977 he produced his first show at the Goodman Theatre, "Cyrano de Bergerac"; he was appointed a Goodman associate artistic director in 1987; in 1993 he won Jeff Awards for direction of a new musical, "Wings", and a new drama, "Black Snow"; his last play for Goodman Theatre was the direction of "Boy Gets Girl", which was to be restaged next year at the Manhattan Theatre Club in New York City; and WHEREAS, His additional credits include the Jeff Award-winning musical "A Little Night Music", as well as productions for the New York Shakespeare Festival, Guthrie Theatre in Minneapolis, Seattle Repertory Theatre, Actors Theatre of Louisville, Arizona Theatre Company, Cleveland Playhouse, and Ford's Theatre in Washington, D.C.; and WHEREAS, Michael Maggio also worked as a teacher at both Columbia College and DePaul University; he was appointed dean of the Theatre School at DePaul in 1999 and directed several student productions; and WHEREAS, The passing of Michael Maggio will be deeply felt by all who knew him, especially his wife, Rachel Kraft; his son, Ben; his parents, Carlo and Genevieve Maggio; his sister, Dona, and his brother-in-law, Thomas Will; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew and loved him, the passing of Michael Maggio of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Michael Maggio. HOUSE RESOLUTION 909 Offered by Representative Dart: WHEREAS, The members of the Illinois House of Representatives are pleased to honor citizens from the State of Illinois; and WHEREAS, Michael F. Cahill courageously and fearlessly served his country in Vietnam, where he received several honors, including the Vietnam Service Medal and the Purple Heart for his acts of valor and heroism in the line of duty; and WHEREAS, Upon completion of his tour of duty Michael F. Cahill continued his devotion to his country by joining the United States Army
11 [November 16, 2000] Reserves where he served for almost three decades; during his time in the United States Army Reserves he achieved the rank of Lieutenant Colonel and received numerous commendations; and WHEREAS, Michael F. Cahill has for the past twenty-seven years served with great distinction as a Cook County Assistant State's Attorney, seeking justice for victims and their families while setting an example of honor, courage, and integrity for every prosecutor; and WHEREAS, Michael F. Cahill best exemplifies what this nation was built upon, an undying commitment to God, family, and country; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize Michael F. Cahill for his lifelong dedication to serving the citizens of the State of Illinois and the United States; and be it further RESOLVED, That a suitable copy of this resolution be presented to Michael F. Cahill as an expression of our esteem. HOUSE RESOLUTION 910 Offered by Representative Scully: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestone dates in the history of organizations in the State of Illinois; and WHEREAS, The Goodwill Charity Club of Chicago Heights, Illinois is celebrating its fiftieth anniversary in the year 2000; and WHEREAS, For fifty years the members of the Goodwill Charity Club have banded together to help those who are less fortunate; the services provided by the Goodwill Charity Club include providing medical equipment through the Helping Hand Closet; this equipment includes hospital beds, walkers, wheelchairs, crutches, and hearing aids; and WHEREAS, The Goodwill Charity Club furnished two nurses lounges at St. James Hospital in Chicago Heights; they provide volunteers to work with mobile x-ray units; they provide nursing home care; they aid victims of fires; and they make contributions to local, national, and international charities; and WHEREAS, The membership of the Goodwill Charity Club is made up of men and women from various churches in the South Suburban area of Chicago; On November 19, 2000 the men and women of the Goodwill Charity Club will gather for their 50th Annual Benefit Banquet to celebrate their anniversary and ready themselves for the next fifty years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Goodwill Charity Club as they celebrate their fiftieth anniversary; and be it further RESOLVED, That a suitable copy of this resolution be presented to the members of the Goodwill Charity Club. SENATE BILLS ON SECOND READING SENATE BILL 851. Having been read by title a second time on November 30, 1999, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 851 AMENDMENT NO. 2. Amend Senate Bill 851 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing
[November 16, 2000] 12 Sections 3-110, 3-111, 3-111.1, 3-112, 3-113.1, 3-114.1, 3-114.2, 3-114.3, 3-114.6, 3-120, 3-124.1, 3-125.1, and 3-127 and adding Sections 3-105.2, 3-109.2, and 3-109.3 as follows: (40 ILCS 5/3-105.2 new) Sec. 3-105.2. Self-Managed Plan. "Self-managed plan": The defined contribution retirement program established for eligible employees under Section 3-109.3. The self-managed plan includes disability benefits as provided in Sections 3-114.1, 3-114.2, 3-114.3, and 3-114.6 (but disregarding disability retirement annuities under Section 3-116.1). The self-managed plan does not include any retirement annuities, death benefits, or survivors insurance benefits payable directly from the fund under Section 3-111, 3-111.1, 3-112, 3-114.1, 3-114.2, 3-114.3, 3-114.6, or 3-116.1 or any refunds determined under Section 3-124. (40 ILCS 5/3-109.2 new) Sec. 3-109.2. Retirement Program Elections. (a) For the purposes of this Section and Section 3-109.3: "Eligible employee" means a police officer who is hired on or within one year after the effective date of the self-managed plan established under Section 3-109.3. "Ineligible employee" means a police officer who is hired before or more than one year after that effective date. (b) Each eligible employee may elect to participate in the self-managed plan with respect to all periods of covered employment occurring on and after the effective date of the eligible employee's election. The election must be made in writing, in the manner prescribed by the fund, and within 6 months after the later of (i) the date upon which the self-managed plan takes effect or (ii) the date of hire. The election, once made, is irrevocable. If an employee terminates employment after making the election, then upon his or her subsequent re-employment under this Article with the same municipality, the original election shall automatically be reinstated. A police officer who does not elect to participate in the self-managed plan within the permitted time shall participate in the defined benefit plan otherwise provided under this Article. The employer shall not remit contributions to the fund on behalf of an eligible employee until the earlier of the expiration of the employee's 6-month election period or the date on which the employee submits a properly completed election to the employer or to the fund. (c) Each eligible employee shall be provided with written information prepared or prescribed by the fund, describing the employee's retirement program choices. The eligible employee shall be offered an opportunity to receive counseling from the fund prior to making his or her election. This counseling may consist of videotaped materials, group presentations, individual consultation with an employee or authorized representative of the fund in person or by telephone or other electronic means, or any combination of these methods. (40 ILCS 5/3-109.3 new) Sec. 3-109.3. Self-managed plan. (a) Purpose. The General Assembly finds that it is important for municipalities to be able to attract and retain the most qualified police officers and that in order to attract and retain these police officers, municipalities should have the flexibility to provide a defined contribution plan as an alternative for eligible employees who elect not to participate in a defined benefit retirement program provided under this Article. Accordingly, a self-managed plan shall be provided, which shall offer participating employees the opportunity to accumulate assets for retirement through a combination of employee and employer contributions that may be invested in mutual funds, collective investment funds, or other investment products and used to purchase annuity contracts, either fixed or variable, or a combination thereof. The plan must be qualified under the Internal Revenue Code of 1986. (b) Study by Commission; Adoption of plan. The Illinois Pension Laws Commission shall study and evaluate the creation of a statewide
13 [November 16, 2000] self-managed plan for eligible employees under this Article. The Commission shall reports its findings and recommendations to the General Assembly no later than January 1, 2002. In accordance with the recommendations of the Commission and any action taken by the General Assembly in response to those recommendations, a statewide self-managed plan shall be adopted for eligible employees under this Article. The self-managed plan shall take effect as specified in the plan, but in no event earlier than July 1, 2002 or the date of its approval by the U.S. Internal Revenue Service, whichever occurs later. The self-managed plan shall include a plan document and shall provide for the adoption of such rules and procedures as are necessary or desirable for the administration of the self-managed plan. Consistent with fiduciary duty to the participants and beneficiaries of the self-managed plan, it may provide for delegation of suitable aspects of plan administration to companies authorized to do business in this State. (c) Selection of service providers and funding vehicles. The principal administrator of the self-managed plan shall solicit proposals to provide administrative services and funding vehicles for the self-managed plan from insurance and annuity companies and mutual fund companies, banks, trust companies, or other financial institutions authorized to do business in this State. In reviewing the proposals received and approving and contracting with no fewer than 2 and no more than 7 companies, the principal administrator shall consider, among other things, the following criteria: (1) the nature and extent of the benefits that would be provided to the participants; (2) the reasonableness of the benefits in relation to the premium charged; (3) the suitability of the benefits to the needs and interests of the participating employees and the employer; (4) the ability of the company to provide benefits under the contract and the financial stability of the company; and (5) the efficacy of the contract in the recruitment and retention of employees. The principal administrator shall periodically review each approved company. A company may continue to provide administrative services and funding vehicles for the self-managed plan only so long as it continues to be an approved company under contract with the principal administrator. (d) Employee Direction. Employees who are participating in the program must be allowed to direct the transfer of their account balances among the various investment options offered, subject to applicable contractual provisions. The participant shall not be deemed a fiduciary by reason of providing such investment direction. A person who is a fiduciary shall not be liable for any loss resulting from such investment direction and shall not be deemed to have breached any fiduciary duty by acting in accordance with that direction. The self-managed plan does not guarantee any of the investments in the employee's account balances. (e) Participation. An eligible employee must make a written election in accordance with the provisions of Section 3-109.2 and the procedures established under the self-managed plan. Participation in the self-managed plan by an eligible employee who elects to participate in the self-managed plan shall begin on the first day of the first pay period following the later of the date the employee's election is filed with the fund or the employer, but in no event sooner than the effective date of the self-managed plan. A police officer who has elected to participate in the self-managed plan under this Section must continue participation while employed in an eligible position, and may not participate in any other retirement program administered by the municipality while employed as a police officer by that municipality. Participation in the self-managed plan under this Section shall constitute membership in an Article 3 pension fund.
[November 16, 2000] 14 (f) No Duplication of Service Credit. Notwithstanding any other provision of this Article, a police officer may not purchase or receive service or service credit applicable to any other retirement program administered by a fund under this Article for any period during which the police officer was a participant in the self-managed plan established under this Section. (g) Contributions. The self-managed plan shall be funded by contributions from participants in the self-managed plan and employer contributions as provided in this Section. The contribution rate for a participant in the self-managed plan under this Section shall be a minimum of 10% of his or her salary. This required contribution shall be made as an "employer pick-up" under Section 414(h) of the Internal Revenue Code of 1986 or any successor Section thereof. An employee may make additional contributions to the self-managed plan in accordance with the terms of the plan. The self-managed plan shall provide for employer contributions to be credited to each self-managed plan participant at a rate of 10% of the participating employee's salary, less the amount of the employer contribution used to provide disability benefits for the employee. The amounts so credited shall be paid into the participant's self-managed plan accounts in the manner prescribed by the plan. An amount of employer contribution, not exceeding 1.5% of the participating employee's salary, shall be used for the purpose of providing disability benefits to the participating employee. Prior to the beginning of each plan year under the self-managed plan, the principal administrator shall determine, as a percentage of salary, the amount of employer contributions to be allocated during that plan year for providing disability benefits for employees in the self-managed plan. (h) Vesting; Withdrawal; Return to Service. A participant in the self-managed plan becomes fully vested in the employer contributions credited to his or her account in the self-managed plan on the earliest to occur of the following: (1) completion of 6 years of service with the municipality; or (2) the death of the participating employee while employed by the municipality, if the participant has completed at least 1.5 years of service. A participant in the self-managed plan who receives a distribution of his or her vested amounts from the self-managed plan upon or after termination of employment shall forfeit all service credit and accrued rights in the fund of his or her employer; if subsequently re-employed, the participant shall be considered a new employee. If a former participant again becomes a participating employee and continues as such for at least 2 years, all such rights, service credit, and previous status as a participant shall be restored upon repayment of the amount of the distribution without interest. (i) Benefit amounts. If a participating employee who is fully vested in employer contributions terminates employment, the participating employee shall be entitled to a benefit which is based on the account values attributable to both employer and employee contributions and any investment return thereon. If a participating employee who is not fully vested in employer contributions terminates employment, the employee shall be entitled to a benefit based on the account values attributable to the employee's contributions and any investment return thereon, plus the following percentage of employer contributions and any investment return thereon: 20% after the second year; 40% after the third year; 60% after the fourth year; 80% after the fifth year; and 100% after the sixth year. The remainder of employer contributions and investment return thereon shall be forfeited. Any employer contributions that are forfeited shall be held in escrow by the company investing those contributions and shall be used as directed by the municipality for future allocations of employer contributions or for the restoration of amounts previously forfeited by former participants who again become participating employees.
15 [November 16, 2000] (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110) Sec. 3-110. Creditable service. (a) "Creditable service" is the time served by a police officer as a member of a regularly constituted police force of a municipality. In computing creditable service furloughs without pay exceeding 30 days shall not be counted, but all leaves of absence for illness or accident, regardless of length, and all periods of disability retirement for which a police officer has received no disability pension payments under this Article shall be counted. (a-5) Up to 3 years of time during which the police officer receives a disability pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 shall be counted as creditable service, provided that (i) the police officer returns to active service after the disability for a period at least equal to the period for which credit is to be established and (ii) the police officer makes contributions to the fund based on the rates specified in Section 3-125.1 and the salary upon which the disability pension is based. These contributions may be paid at any time prior to the commencement of a retirement pension. The police officer may, but need not, elect to have the contributions deducted from the disability pension or to pay them in installments on a schedule approved by the board. If not deducted from the disability pension, the contributions shall include interest at the rate of 6% per year, compounded annually, from the date for which service credit is being established to the date of payment. If contributions are paid under this subsection (a-5) in excess of those needed to establish the credit, the excess shall be refunded. This subsection (a-5) applies to persons receiving a disability pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on the effective date of this amendatory Act of the 91st General Assembly, as well as persons who begin to receive such a disability pension after that date. (b) Creditable service includes all periods of service in the military, naval or air forces of the United States entered upon while an active police officer of a municipality, provided that upon applying for a permanent pension, and in accordance with the rules of the board, the police officer pays into the fund the amount the officer would have contributed if he or she had been a regular contributor during such period, to the extent that the municipality which the police officer served has not made such contributions in the officer's behalf. The total amount of such creditable service shall not exceed 5 years, except that any police officer who on July 1, 1973 had more than 5 years of such creditable service shall receive the total amount thereof. (c) Creditable service also includes service rendered by a police officer while on leave of absence from a police department to serve as an executive of an organization whose membership consists of members of a police department, subject to the following conditions: (i) the police officer is a participant of a fund established under this Article with at least 10 years of service as a police officer; (ii) the police officer received no credit for such service under any other retirement system, pension fund, or annuity and benefit fund included in this Code; (iii) pursuant to the rules of the board the police officer pays to the fund the amount he or she would have contributed had the officer been an active member of the police department; and (iv) the organization pays a contribution equal to the municipality's normal cost for that period of service. (d)(1) Creditable service also includes periods of service originally established in another police pension fund under this Article or in the Fund established under Article 7 of this Code for which (i) the contributions have been transferred under Section 3-110.7 or Section 7-139.9 and (ii) any additional contribution required under paragraph (2) of this subsection has been paid in full in accordance with the requirements of this subsection (d). (2) If the board of the pension fund to which creditable service and related contributions are transferred under Section 3-110.7 or 7-139.9 determines that the amount transferred is less than the true cost to the pension fund of allowing that creditable service to be
[November 16, 2000] 16 established, then in order to establish that creditable service the police officer must pay to the pension fund, within the payment period specified in paragraph (3) of this subsection, an additional contribution equal to the difference, as determined by the board in accordance with the rules and procedures adopted under paragraph (6) of this subsection. (3) Except as provided in paragraph (4), the additional contribution must be paid to the board (i) within 5 years from the date of the transfer of contributions under Section 3-110.7 or 7-139.9 and (ii) before the police officer terminates service with the fund. The additional contribution may be paid in a lump sum or in accordance with a schedule of installment payments authorized by the board. (4) If the police officer dies in service before payment in full has been made and before the expiration of the 5-year payment period, the surviving spouse of the officer may elect to pay the unpaid amount on the officer's behalf within 6 months after the date of death, in which case the creditable service shall be granted as though the deceased police officer had paid the remaining balance on the day before the date of death. (5) If the additional contribution is not paid in full within the required time, the creditable service shall not be granted and the police officer (or the officer's surviving spouse or estate) shall be entitled to receive a refund of (i) any partial payment of the additional contribution that has been made by the police officer and (ii) those portions of the amounts transferred under subdivision (a)(1) of Section 3-110.7 or subdivisions (a)(1) and (a)(3) of Section 7-139.9 that represent employee contributions paid by the police officer (but not the accumulated interest on those contributions) and interest paid by the police officer to the prior pension fund in order to reinstate service terminated by acceptance of a refund. At the time of paying a refund under this item (5), the pension fund shall also repay to the pension fund from which the contributions were transferred under Section 3-110.7 or 7-139.9 the amount originally transferred under subdivision (a)(2) of that Section, plus interest at the rate of 6% per year, compounded annually, from the date of the original transfer to the date of repayment. Amounts repaid to the Article 7 fund under this provision shall be credited to the appropriate municipality. Transferred credit that is not granted due to failure to pay the additional contribution within the required time is lost; it may not be transferred to another pension fund and may not be reinstated in the pension fund from which it was transferred. (6) The Public Employee Pension Fund Division of the Department of Insurance shall establish by rule the manner of making the calculation required under paragraph (2) of this subsection, taking into account the appropriate actuarial assumptions; the police officer's service, age, and salary history; the level of funding of the pension fund to which the credits are being transferred; and any other factors that the Division determines to be relevant. The rules may require that all calculations made under paragraph (2) be reported to the Division by the board performing the calculation, together with documentation of the creditable service to be transferred, the amounts of contributions and interest to be transferred, the manner in which the calculation was performed, the numbers relied upon in making the calculation, the results of the calculation, and any other information the Division may deem useful. (Source: P.A. 90-460, eff. 8-17-97; 91-887, eff. 7-6-00.) (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111) Sec. 3-111. Pension. (a) A police officer age 50 or more with 20 or more years of creditable service, who is not a participant in the self-managed plan under Section 3-109.3 and who is no longer in service as a police officer, shall receive a pension of 1/2 of the salary attached to the rank held by the officer on the police force for one year immediately prior to retirement or, beginning July 1, 1987 for persons terminating service on or after that date, the salary attached to the rank held on
17 [November 16, 2000] the last day of service or for one year prior to the last day, whichever is greater. The pension shall be increased by 2.5%
[November 16, 2000] 18 by an additional 3% of the originally granted pension in January of each year thereafter. (b) The monthly pension of a police officer who retired from service with 20 or more years of service, on or before July 1, 1971, shall be increased in January of the year following the year of attaining age 65 or in January of 1972, if then over age 65, by 3% of the originally granted pension for each year the police officer received pension payments. In each January thereafter, he or she shall receive an additional increase of 3% of the original pension. (c) The monthly pension of a police officer who retires on disability or is retired for disability shall be increased in January of the year following the year of attaining age 60, by 3% of the original grant of pension for each year he or she received pension payments. In each January thereafter, the police officer shall receive an additional increase of 3% of the original pension. (d) The monthly pension of a police officer who retires after January 1, 1986, shall be increased, upon either the first of the month following the first anniversary of the date of retirement if the officer is 55 years of age or over
19 [November 16, 2000] least 20 years of creditable service, or upon the death of a police officer who retired from service with at least 20 years of creditable service, whether death occurs before or after attainment of age 50, the pension earned by the police officer as of the date of death as provided in Section 3-111 shall be paid to the survivors in the sequence provided in subsection (a) of this Section. (c) Upon the death of a police officer while in service, having at least 10 but less than 20 years of service, a pension of 1/2 of the salary attached to the rank or ranks held by the officer for one year immediately prior to death shall be payable to the survivors in the sequence provided in subsection (a) of this Section. If death occurs as a result of the performance of duty, the 10 year requirement shall not apply and the pension to survivors shall be payable after any period of service. (d) Beginning July 1, 1987, a minimum pension of $400 per month shall be paid to all surviving spouses, without regard to the fact that the death of the police officer occurred prior to that date. If the minimum pension established in Section 3-113.1 is greater than the minimum provided in this subsection, the Section 3-113.1 minimum controls. (e) The pension of the surviving spouse of a police officer who dies (i) on or after January 1, 2001, (ii) without having begun to receive either a retirement pension payable under Section 3-111 or a disability pension payable under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a result of sickness, accident, or injury incurred in or resulting from the performance of an act of duty shall not be less than 100% of the salary attached to the rank held by the deceased police officer on the last day of service, notwithstanding any provision in this Article to the contrary. (Source: P.A. 89-408, eff. 11-15-95.) (40 ILCS 5/3-113.1) Sec. 3-113.1. Minimum retirement, survivor, and disability pensions. (a) Beginning January 1, 1999, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-114.1, 3-114.2,
[November 16, 2000] 20 Sec. 3-114.1. Disability pension - Line of duty. (a) If a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disabled for service in the police department, so as to render necessary his or her suspension or retirement from the police service, the police officer shall be entitled to a disability retirement pension equal to the greatest of (1) 65% of the salary attached to the rank on the police force held by the officer at the date of suspension of duty or retirement, (2) the retirement pension that the police officer would be eligible to receive if he or she retired (but not including any automatic annual increase in that retirement pension), or (3) the pension provided under subsection (d), if applicable. A police officer shall be considered "on duty"
21 [November 16, 2000] mentally disabled so as to render necessary his or her suspension or retirement from police service in the police department, shall be entitled to a disability pension of 50% of the salary attached to the officer's rank on the police force at the date of suspension of duty or retirement. If a police officer on disability pension dies while still disabled, the disability pension shall continue to be paid to the officer's survivors in the sequence provided in Section 3-112. From and after July 1, 1987, any pension payable under this Section shall be at least $400 per month, without regard to the fact that the disability or death of the police officer occurred prior to that date. If the minimum pension established in Section 3-113.1 is greater than the minimum provided in this Section, the Section 3-113.1 minimum controls. (Source: P.A. 85-941.) (40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3) Sec. 3-114.3. Heart attack or stroke suffered in performance of duties. Any police officer who suffers a heart attack or stroke as a result of the performance and discharge of police duty shall be considered as having been injured in the performance of an act of duty and shall be eligible for the benefits provided under this Article for police officers injured in the performance of an act of duty or, if applicable, the benefits provided in Section 3-114.6. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/3-114.6) Sec. 3-114.6. Occupational disease disability pension. (a) This Section applies only to police officers who are employed by a municipality with a combined police and fire department and who have regular firefighting duties in addition to their law enforcement duties. (b) The General Assembly finds that service in a police department that also has firefighting duties requires officers to perform unusual tasks in times of stress and danger; that officers are subject to exposure to extreme heat or extreme cold in certain seasons while performing their duties; that they are required to work in the midst of and are subject to heavy smoke fumes and carcinogenic, poisonous, toxic, or chemical gases from fires; and that these conditions exist and arise out of or in the course of employment. (c) An active officer with 5 or more years of creditable service who is found to be unable to perform his or her duties in the department by reason of heart disease, stroke, tuberculosis, or any disease of the lungs or respiratory tract, resulting from service as an officer, is entitled to an occupational disease disability pension during any period of such disability for which he or she has no right to receive salary. An active officer who has completed 5 or more years of service and is unable to perform his or her duties in the department by reason of a disabling cancer, which develops or manifests itself during a period while the officer is in the service of the department, is entitled to receive an occupational disease disability benefit during any period of such disability for which he or she does not have a right to receive salary. In order to receive this occupational disease disability benefit, (i) the cancer must be of a type that may be caused by exposure to heat, radiation, or a known carcinogen as defined by the International Agency for Research on Cancer and (ii) the cancer must (and is rebuttably presumed to) arise as a result of service as an officer. An officer who, after the effective date of this amendatory Act of 1998, enters the service of a combined police and fire department and has regular firefighting duties shall be examined by one or more practicing physicians appointed by the board. If the examination discloses impairment of the heart, lungs, or respiratory tract, or the existence of cancer, the officer shall not be entitled to an occupational disease disability pension under this Section unless and until a subsequent examination reveals no such impairment or cancer. The occupational disease disability pension shall be equal to the
[November 16, 2000] 22 greater of 65% of the salary attached to the rank held by the officer at the time of his or her removal from the municipality's department payroll or (2) the retirement pension that the police officer would be eligible to receive if he or she retired (but not including any automatic annual increase in that retirement pension). The occupational disease disability pension is payable to the officer during the period of the disability. If the disability ceases before the death of the officer, the disability pension payable under this Section shall also cease and the officer thereafter shall receive such pension benefits as are provided in accordance with other provisions of this Article. If an officer dies while still disabled and receiving a disability pension under this Section, the disability pension shall continue to be paid to the officer's survivors in the sequence provided in Section 3-112. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120) Sec. 3-120. Marriage after retirement. (a) If a police officer marries subsequent to retirement on any pension under this Article other than a pension established under Section 3-109.3, the surviving spouse and the children of such surviving spouse shall receive no pension on the death of the officer, except as provided in subsection (b). (b) Notwithstanding Section 1-103.1 of this Code, this Section shall not be deemed to disqualify from receiving a survivor's pension the surviving spouse and children of any police officer who (i) retired from service in 1973, married the surviving spouse during 1974, and died in 1988, or (ii) retired on disability in October of 1982, married the surviving spouse during 1991, and died in 1992. In the case of a person who becomes eligible for a benefit under this subsection (b), the benefit shall begin to accrue on July 1, 1990 or July 1 of the year following the police officer's death, whichever is later. (Source: P.A. 87-794; 87-1265.) (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1) Sec. 3-124.1. Re-entry into active service. If a police officer who is receiving pension payments other than as provided in Section 3-109.3 re-enters active service, pension payment shall be suspended while he or she is in service. When he or she again retires, pension payments shall be resumed. If the police officer remains in service after re-entry for a period of less than 5 years, the pension shall be the same as upon first retirement. If the officer's service after re-entry is at least 5 years and the officer makes the required contributions during the period of re-entry, his or her pension shall be recomputed by taking into account the additional period of service and salary. (Source: P.A. 83-1440.) (40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1) Sec. 3-125.1. Contributions by police officers. Each police officer shall contribute to the pension fund the following percentages of salary for the periods stated: Beginning July 1, 1909 and prior to July 23, 1943, 1% (except that prior to July 1, 1921 not more than one dollar per month shall be deducted, and except that beginning July 1, 1921 and prior to July 1, 1927 not more than $2 per month shall be deducted); beginning July 23, 1943 and prior to July 20, 1949, 3%; beginning July 20, 1949 and prior to July 17, 1959, 5%; beginning July 17, 1959 and prior to July 1, 1971, 7%; beginning July 1, 1971 and prior to July 1, 1975, 7 1/2%; beginning July 1, 1975 and prior to January 1, 1987, 8 1/2%;
23 [November 16, 2000] benefit not included in the salary so established. (Source: P.A. 84-1472.) (40 ILCS 5/3-127) (from Ch. 108 1/2, par. 3-127) Sec. 3-127. Reserves. The board shall establish and maintain a reserve to insure the payment of all obligations incurred under this Article excluding retirement annuities established under Section 3-109.3. The reserve to be accumulated shall be equal to the estimated total actuarial requirements of the fund. If a pension fund has a reserve of less than the accrued liabilities of the fund, the board of the pension fund, in making its annual report to the city council or board of trustees of the municipality, shall designate the amount, calculated as a level percentage of payroll, needed annually to insure the accumulation of the reserve to the level of the fund's accrued liabilities over a period of 40 years from July 1, 1993 for pension funds then in operation, or from the date of establishment in the case of a fund created thereafter, so that the necessary reserves will be attained over such a period. (Source: P.A. 87-1265.) Section 90. The State Mandates Act is amended by adding Section 8.24 as follows: (30 ILCS 805/8.24 new) Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Murphy, SENATE BILL 851 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, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative McKeon, SENATE BILL 1047 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 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted.
[November 16, 2000] 24 HOUSE BILLS ON SECOND READING HOUSE BILL 4738. Having been read by title a second time on November 15, 2000, and held on the order of Second Reading, the same was again taken up. Representative McCarthy offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4738 AMENDMENT NO. 1. Amend House Bill 4738, on page 1, line 21, after the period, by inserting the following: "Before April 1, 2001, the Comptroller shall order transferred and the Treasurer shall transfer an additional $24,000,000 from the Tobacco Settlement Recovery Fund to the Homeowners' Tax Relief Fund, a special fund in the State Treasury."; and on page 1, line 23, after the period, by inserting the following: "Subject to appropriation, the Department shall make the rebate payments authorized under Section 208.2 out of the Homeowners' Tax Relief Fund."; and on page 2, line 13, after "principal", by inserting "Illinois". printed. And on that motion, a vote was taken resulting as follows: 113, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 4) 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 again held on the order of Second Reading. 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 Monique Davis, HOUSE BILL 4577 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 5) 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. RESOLUTIONS HOUSE RESOLUTIONS 886, 889, 891, 892, 893, 894, 895, 896, 897, 898, 900, 901, 902, 903, 904, 905, 906, 908, 909 and 910 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. SENATE JOINT RESOLUTION 76 was taken up for consideration. Representative Currie moved the adoption of the resolution.
25 [November 16, 2000] The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. 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 1191, 1867 and 1975. RESOLUTIONS The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 907 Offered by Representative Gilgio: WHEREAS, Dean Edward Thady is retiring from active employment in the plumbing industry after devoting his life to furthering the interests of the industry; and WHEREAS, Dean Edward Thady began his career in the plumbing industry in 1960, and was licensed as a journeyman plumber on October 25, 1965, serving as a plumber in the private sector for ten years; and WHEREAS, Dean Edward Thady was employed as a Plumbing Inspector in the Springfield Region of the Illinois Department of Public Health in 1975, working as a plumbing inspector throughout the region for six and one-half years; he was appointed to the title of Plumbing Code Consultant, serving as Chief Plumbing Inspector, on March 15, 1982, and moved his office into the headquarters of the Illinois Department of Public Health; he served in the position of Chief Plumbing Inspector for eighteen years; and WHEREAS, Dean Edward Thady grew in knowledge and experience in the plumbing trade during his tenure with the Illinois Department of Public Health, serving on both State and national advisory committees and workgroups; he served as an ambassador of good plumbing practices and good will with State and national associations, such as the American Society of Sanitary Engineering, the American Society of Plumbing Engineers, the Illinois Association of Plumbing, Heating and Cooling Contractors, the Illinois Backflow Prevention Association, the Illinois Plumbing Inspectors Association, the DuPage County Contractors Association, the Plumbing Council of Chicagoland, the Plumbing Contractors Association of Chicago and Cook County, and numerous local plumbing organizations; and WHEREAS, He acted as liaison with related professional organizations and agencies, such as the Illinois Section American Water Works Association, the Illinois Potable Water Supply Operators Association, the Illinois Environmental Protection Agency, the Illinois Department of Corrections, the Illinois Department of Education, the Environmental Resources Training Center at Southern Illinois University-Edwardsville, and many local health departments, water operator associations, and municipal official groups; and WHEREAS, Dean Edward Thady has contributed to the education of plumbers, water supply operators, State and local government officials, and consumers regarding the Plumbing Code, plumbing practices, and cross-connection control through his informative, colorful, and entertaining presentations; he has worked to develop educational and testing materials in cooperation with plumbing industry organizations and municipal organizations; he has given freely of his personal time as well as his professional career to further the interests of the plumbing industry; and WHEREAS, Dean Edward Thady serves his local community as Village President of Manchester; he works as a back-up Certified Water Supply Operator for the Manchester public water supply; he serves as an active
[November 16, 2000] 26 member of the Manchester Baptist Church, working at the present time to help construct a community center addition to the church; he is a member of the Masonic order and the Manchester American Legion Post; and WHEREAS, Dean Edward Thady has completed all these activities while enjoying his marriage to LaVerne Thady, his relationships with his son, Jonathan, his daughter-in-law, Tammy, and his grandson, Nathan; he is known as a loving husband, father, and grandfather; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we declare November 28, 2000 to be Dean Edward Thady Day in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dean Edward Thady. HOUSE JOINT RESOLUTION 74 Offered by Representative Beaubien: WHEREAS, Native American Indian tribes are building large casinos on our borders in the municipalities of Kenosha, Beloit, Shullsburg, Delavan, and Caledonia, Wisconsin; and WHEREAS, Such casinos are draining entertainment dollars and jobs from Illinois and harming Illinois businesses; and WHEREAS, This huge expansion of gambling will increase the number of problem gamblers in Illinois and the social problems such gamblers cause; and WHEREAS, These border casinos will provide no revenues to Illinois to address these social and economic costs; and WHEREAS, The Bureau of Indian Affairs is encouraging the construction of these casinos and ignoring the concerns and input of Illinois citizens; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we oppose the construction of casinos along our State borders; and be it further RESOLVED, That the Illinois General Assembly urges the Bureau of Indian Affairs to put an immediate halt to the construction of these casinos until such time as Illinois citizens and their concerns are heard; and be it further RESOLVED, That the Illinois General Assembly urges the members of the United States Congress to join with the State of Illinois in our petition to the Bureau of Indian Affairs and to make meaningful changes to the Indian Gaming Regulatory Act to prevent this type of gambling expansion in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to the members of the Illinois Congressional delegation and the Bureau of Indian Affairs. HOUSE JOINT RESOLUTION 75 Offered by Representative Stephens: WHEREAS, Meriwether Lewis and William Clark established a camp in the Wood River area in Illinois in 1803 to train the men of the Corps of Discovery for their trip up the Missouri River; and WHEREAS, The camp was situated on the banks of the Wood River and called Camp de Bois, or Camp of the Woods; and WHEREAS, The Lewis and Clark expedition commenced from that site in May 1804; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the new 4-lane highway currently under construction between the intersection of Interstate Routes 270 and 255 and the Alton Bypass be named the Lewis and Clark Highway; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, an appropriate plaque or signs giving notice of
27 [November 16, 2000] the name; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Secretary of Transportation. HOUSE JOINT RESOLUTION 76 Offered by Representative Ryder: WHEREAS, On June 13, 2000, the Illinois Commerce Commission adopted emergency rules titled "Requirements for Non-Business Entities with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 727; 24 Ill. Reg. 8635); and WHEREAS, The emergency rules adopted by the Commission establish Enhanced 9-1-1 emergency telephone system requirements for schools, local governments and not-for-profit organizations unless exempted by the Emergency Telephone System Act; and WHEREAS, The emergency rules were adopted by the Commission in response to a filing prohibition voted on April 28, 2000 for rules titled "Requirements for Businesses with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 726; 24 Ill. Reg. 1) and withdrawn on June 13, 2000 because the Commission modified the rulemaking to meet the objections of the General Assembly's Joint Committee on Administrative Rules (JCAR) concerning the application of the rulemaking to schools, governmental units and not-for-profit organizations and the creation of an undue economic and regulatory burden on business entities; and WHEREAS, JCAR noted that the Commission's emergency rulemaking of June 13, 2000 contained the same provisions applicable to schools, governmental units and not-for-profit corporations that were withdrawn by the Commission from its prior, broader rulemaking; and WHEREAS, JCAR, during its review of the emergency rulemaking as directed by the Illinois Administrative Procedure Act, determined that the rulemaking was contrary to statute and also constituted a serious threat to the public interest and welfare; and WHEREAS, JCAR based its determination that the emergency rulemaking adopted by the Commission was contrary to legislative intent on the fact that the Commission exceeded its statutory authority under Section 15.6 of the Emergency Telephone System Act by extending the application of the Act to schools, local governments and not-for-profit organizations through the emergency telephone system regulations contained in the emergency rules; and WHEREAS, Strict adherence to legislative intent as expressed through statute and a concern for the well-being and welfare of Illinois citizens, including school children, are all elements of the JCAR review process, as directed by the Illinois Administrative Procedure Act; and WHEREAS, Based on this determination, the Joint Committee on Administrative Rules suspended the above cited rulemaking; and WHEREAS, Because Section 5-125 of the Illinois Administrative Procedure Act states that a suspension of an agency's emergency rulemaking is effective for a period of at least 180 days, the suspension issued by JCAR commenced June 13, 2000 and will terminate on December 9, 2000, unless continued by the adoption of this Joint Resolution by both houses of the General Assembly as provided by Section 5-125(c) of the Illinois Administrative Procedure Act; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the General Assembly hereby continues the suspension issued by the Joint Committee on Administrative Rules on June 13, 2000 of the Illinois Commerce Commission's emergency rulemaking titled "Requirements for Non-Business Entities with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 727; 24 Ill. Reg. 8635); and be it further RESOLVED, That copies of this preamble and resolution be forwarded to the Executive Director of the Joint Committee on Administrative Rules and to the Chairman and Executive Director of the Illinois
[November 16, 2000] 28 Commerce Commission. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 76 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 Thursday, November 16, 2000, the Senate stands adjourned until Tuesday, November 28, 2000, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, November 28, 2000, at 1:00 o'clock p.m. Adopted by the Senate, November 16, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 76 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 76 was adopted. Ordered that the Clerk inform the Senate. At the hour of 3:25 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 76, the House stood adjourned until Tuesday, November 28, 2000, at 1:00 o'clock p.m.
29 [November 16, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 16, 2000 0 YEAS 0 NAYS 114 PRESENT P ACEVEDO E FLOWERS P LINDNER P REITZ P BASSI P FOWLER P LOPEZ P RIGHTER P BEAUBIEN P FRANKS E LYONS,EILEEN P RUTHERFORD P BELLOCK P FRITCHEY P LYONS,JOSEPH P RYDER P BERNS P GARRETT P MATHIAS P SAVIANO P BIGGINS P GASH P MAUTINO P SCHMITZ P BLACK P GIGLIO P McAULIFFE P SCHOENBERG P BOLAND P GILES P McCARTHY P SCOTT P BOST P GRANBERG P McGUIRE P SCULLY P BRADLEY P HAMOS P McKEON P SHARP P BRADY P HANNIG P MEYER P SILVA P BROSNAHAN P HARRIS P MITCHELL,BILL P SKINNER P BRUNSVOLD P HARTKE P MITCHELL,JERRY P SLONE P BUGIELSKI P HASSERT P MOFFITT P SMITH P BURKE P HOEFT P MOORE P SOMMER P CAPPARELLI P HOFFMAN E MORROW P STEPHENS P COULSON P HOLBROOK P MULLIGAN P STROGER P COWLISHAW P HOWARD P MURPHY P TENHOUSE P CROSS P HULTGREN P MYERS P TURNER,ART P CROTTY P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRIE P JONES,JOHN P O'BRIEN P WAIT P CURRY P JONES,LOU P O'CONNOR P WINKEL P DANIELS P JONES,SHIRLEY P OSMOND P WINTERS P DART P KENNER P OSTERMAN P WIRSING P DAVIS,MONIQUE P KLINGLER P PANKAU P WOJCIK P DAVIS,STEVE P KOSEL E PARKE P WOOLARD P DELGADO P KRAUSE P PERSICO P YOUNGE P DURKIN P LANG P POE P ZICKUS P ERWIN P LAWFER P PUGH P MR. SPEAKER P FEIGENHOLTZ P LEITCH E - Denotes Excused Absence
[November 16, 2000] 30 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 851 PEN CD-GENERAL PROV-TECHNICAL THIRD READING PASSED NOV 16, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL E PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
31 [November 16, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1047 PEN CD-TECHNICAL CORRECTION THIRD READING PASSED NOV 16, 2000 113 YEAS 1 NAYS 0 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL N SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL E PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
[November 16, 2000] 32 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4738 PROP TAX-RESTRUCTURED REBATES SECOND READING - AMENDMENT NO. 1 ADOPTED NOV 16, 2000 113 YEAS 1 NAYS 0 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ N BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL E PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
33 [November 16, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4577 $DEPT OF HUMAN SERVICES THIRD READING PASSED NOV 16, 2000 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL E PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence