626 JOURNAL OF THE [March 9, 1999] HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 23RD LEGISLATIVE DAY TUESDAY, MARCH 9, 1999 1:00 0'CLOCK P.M. The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Representative Coy Pugh, Pastor of West Englewood United Methodist Church in Chicago, 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: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Ronen and Morrow were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Krause replaced Representative Klingler in the Committee on Children & Youth on March 4, 1999. Representative Poe replaced Representative Winters in the Committee on Appropriations - General Services & Government Oversight on March 8, 1999. Representative Bost replaced Representative Bassi in the Committee on Appropriations - Public Safety on March 8, 1999. Representative O'Connor replaced Representative Righter in the Committee on Prosecutorial Misconduct on March 8, 1999. Representative Ryder will replace Representative Bellock in the Committee on Appropriations - Human Services, for today only. MOTIONS SUBMITTED Representative Winkel submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 58(a), I move to discharge the Committee on
HOUSE OF REPRESENTATIVES 627 Rules from further consideration of HOUSE BILL 2688 and advance to the order of Second Reading. Representative Winkel submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 58(a), I move to discharge the Committee on Rules from further consideration of HOUSE BILL 26 and advance to the order of Second Reading. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 136, 298, as amended, 592, 1735, as amended, 1818, as amended, 1907, 2031, as amended, 2255 and 2667. Representative Poe requested that Fiscal Notes be supplied for HOUSE BILLS 427, as amended, 741, as amended, 754, as amended, 757, as amended, 778, as amended, 1058, as amended and 1088, as amended. Representative Andrea Moore requested that a Fiscal Note be supplied for HOUSE BILL 1461. Representative Monique Davis requested that Fiscal Notes be supplied for HOUSE BILLS 807 and 2775. Representative Biggins requested that a Fiscal Note be supplied for HOUSE BILL 1341. Representative Stephens requested a Fiscal Note on HOUSE BILL 242, as amended. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 4, as amended, 125, 234, 534, as amended, 709, 722, 804, 816, 877, 1112, 1187, 1224, 1234, 1245, 1285, 1331, 1371, 1372, 1392, 1393, 1512, 1513, 1524, 1624, 1645, 1675, 1692, 1694, 1695, 1707, 1711, 1714, 1728, 1736, 1742, as amended, 1753, 1771, 1795, 1801, 1804, as amended, 1806, 1815, 1868, 1869, 1870, 1871, 1915, as amended, 1938, 1951, 1963, 1996, 2003, 2023, as amended, 2031, as amended, 2038, 2042, 2088, 2098, 2107, 2138, 2149, 2164, 2204, 2253, 2262, 2303, 2310, 2347, 2348, 2547, 2354, 2599, 2612, 2635, 2680, as amended, 2686, 2702, 2708, 2711, 2718, 2751, 2779, 2781, 2808, 2814, 2829, 2833 amd 2855. REQUEST FOR STATE MANDATES NOTES Representative Black requested that State Mandates Notes be supplied for HOUSE BILLS 136, 298, as amended, 592, 1735, as amended, 1818, as amended, 1907, 2031, as amended, 2255 and 2667. Representative Poe requested that State Mandates Notes be supplied for HOUSE BILLS 427, as amended, 741, as amended, 754, as amended, 757, as amended, 778, as amended and 1088, as amended. Representative Pankau requested that a State Mandates Note be supplied for HOUSE BILL 1801.
628 JOURNAL OF THE [March 9, 1999] Representative Biggins requested that a State Mandate Note be requested for HOUSE BILL 1341. Representative Monique Davis requested that a State Mandate Note be supplied for HOUSE BILL 807. Representative Stephens requested a State Mandate Note on HOUSE BILL 242, as amended. STATE MANDATE ACT NOTES SUPPLIED State Mandate Act Notes have been supplied for HOUSE BILLS 111, 189, as amended, 210, 260, 277, 423, 462, as amended, 523, 603, 727, as amended, 747, as amended, 804, as amended, 820, 831, as amended, 869, 877, 931, 999, 1115, 1248, 1331, 1375, 1435, 1438, 1503, 1645, 1714, 1728, 1734, 1781, 1791, 1801, 1829, 1959, 2023, as amended, 2088, 2348, 2680, as amended, 2686 and 2808. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Poe requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 1088, as amended. Representative Monique Davis requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 807. Representative Stephens requested a Correctional Budget & Impact Note on HOUSE BILL 242, as amended. CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED Correctional Budget And Impact Notes have been supplied for HOUSE BILLS 1285, 1392, 1512, 1675, 1804, 2097, 2310, 2347, 2711, 2718, 2805, 2814 and 2855. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 2031, as amended. Representative Poe requested that Home Rule Notes be supplied for HOUSE BILLS 741, as amended and 778, as amended. Representative Monique Davis requested that Home Rule Notes be supplied for HOUSE BILLS 807 and 2775. Representative Stephens requested a Home Rule Note be supplied for HOUSE BILL 242, as amended. HOME RULE IMPACT NOTES SUPPLIED Home Rule Impact Notes have been supplied for HOUSE BILLS 210, 603, 869, 1331, 1734, 1781 and 1829. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE
HOUSE OF REPRESENTATIVES 629 Representative Black requested that a Housing Affordability Impact Note be supplied for HOUSE BILL 233. Representative Poe requested that Housing Affordability Impact Notes be supplied for HOUSE BILLS 427, as amended, 754, as amended and 757, as amended. Representative Stephens requested that a Housing Affordability & Impact Note be supplied for HOUSE BILL 242, as amended. HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED Housing Affordability Impact Notes have been supplied for HOUSE BILLS 264, as amended, 763, 1372, 1373, 1375, 1734, 1781, 1954, 2046, 2266 and 2314. REQUEST FOR JUDICIAL NOTE Representative Monique Davis requested that a Judicial Note be supplied for HOUSE BILL 2775. Representative Stephens requested that a Judicial Note be supplied for HOUSE BILL 242, as amended. JUDICIAL NOTES SUPPLIED Judicial Notes have been supplied for HOUSE BILLS 210, 264, as amended, 820, 1164, 1265, 1464, 2023, as amended, 2033, 2042, 2097, 2098, 2381, 2612, 2629, 2710, 2805 and 2850. REQUEST FOR STATE DEBT IMPACT NOTE Representative Monique Davis requested that a State Debt Impact Note be supplied for HOUSE BILL 807. Representative Stephens requested that a State Debt Impact Note be supplied for HOUSE BILL 242, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for HOUSE BILL 1954. REQUEST FOR BALANCED BUDGET IMPACT NOTE Representative Stephens requested that a Balanced Budget Impact Note be supplied for HOUSE BILL 242, as amended. BALANCED BUDGET NOTES SUPPLIED Balanced Budget Notes have been supplied for HOUSE BILLS 2, 3, 111, 189, as amended, 264, as amended, 710, 892, 925, as amended, 1208, 1265, 1372, 1375, 1525, 1734, 1954, 1959, 2046, 2101, 2256, as amended, 2266, 2379, 2680, as amended and 2704, as amended.
630 JOURNAL OF THE [March 9, 1999] REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Stephens requested that a Land Conveyance Appraisal Note be supplied for HOUSE BILL 242, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Stephens requested that a Pension Impact Note be supplied for HOUSE BILL 242, as amended. PENSION IMPACT NOTES SUPPLIED Pension Impact Notes have been supplied for HOUSE BILLS 152, as amended, 198, 199, 200, 203, 205, 268, 344, 345, 346, 351, 356, 361, 362, 363, 364, 366, 367, 368, 393, 395, 602, 875, 1074, 1075, 1076, 1081, 1114, 1140, 1145, 1253, 1255, 1256, 1258, 1260, 1263, 1794, 1954, 2074, 2618, 2619, 2622, 2725 and 2734. FISCAL NOTE WITHDRAWN Representative Black withdrew his request for Fiscal Notes on HOUSE BILLS 747, as amended and 1622. Representative Poe withdrew his request for Fiscal Notes on HOUSE BILLS 2101 and 2256. Representative Pankau withdrew her request for a Fiscal Note on HOUSE BILL 264, as amended. Representative Parke withdrew his request for a Fiscal Note on HOUSE BILL 2041. STATE MANDATE NOTE WITHDRAWN Representative Black withdrew his request for State Mandate Notes on HOUSE BILLS 747, as amended and 1622. Representative Pankau withdrew her request for a State Mandate Note on HOUSE BILL 264, as amended. Representative Poe withdrew his request for State Mandate Notes on HOUSE BILLS 2101 and 2256. Representative Beaubien withdrew his request for a State Mandate Note on HOUSE BILL 1707. BALANCED BUDGET & IMPACT NOTE WITHDRAWN Representative Poe withdrew his request for a Balanced Budget & Impact Note on HOUSE BILL 2256. Representative Pankau withdrew her requested for a Balanced Budget & Impact Note on HOUSE BILL 264, as amended. HOME RULE NOTE WITHDRAWN
HOUSE OF REPRESENTATIVES 631 Representative Poe withdrew his request for Home Rule Notes on HOUSE BILLS 2101 and 2256. Representative Pankau withdrew her request for a Home Rule Note on HOUSE BILL 264, as amended. HOUSING AFFORDABILITY & IMPACT NOTE WITHDRAWN Representative Poe withdrew his request for a Housing Affordability & Impact Note on HOUSE BILL 2101. Representative Pankau withdrew her request for a Housing Affordability & Impact Note on HOUSE BILL 264, as amended. JUDICIAL NOTE WITHDRAWN Representative Poe withdrew his request for Judicial Notes on HOUSE BILLS 2101 and 2256. Representative Pankau withdrew her request for a Judicial Note on HOUSE BILL 264, 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. 45 A bill for AN ACT to amend the Illinois Income Tax Act by changing Sections 507, 507S, and 509. SENATE BILL NO. 48 A bill for AN ACT in relation to mental health records of applicants for Firearm Owner's Identification Cards. SENATE BILL NO. 117 A bill for AN ACT to amend the Alternative Health Care Delivery Act by changing Sections 30 and 35. Passed by the Senate, March 9, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 45, 48 and 117 were ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative Curry, Chairperson, from the Committee on Appropriations - Elementary & Secondary Education 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" and be placed on the order of
632 JOURNAL OF THE [March 9, 1999] Second Reading -- Short Debate: HOUSE BILLS 1065, 1517, 2383 and 2528. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 1064 and 1527. The committee roll call vote on HOUSE BILLS 1064, 1527 and 2528 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Curry, Julie, Chair A Meyer A Acevedo Y Mitchell, Jerry, Spkpn Y Coulson Y Murphy Y Delgado Y O'Connor Y Johnson, Tom Y Silva (Mautino) Y Lawfer A Slone A Lopez Y Tenhouse Y Younge The committee roll call vote on HOUSE BILLS 1065, 1517 and 2383 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Curry, Julie, Chair A Meyer A Acevedo Y Mitchell, Jerry, Spkpn Y Coulson Y Murphy Y Delgado Y O'Connor Y Johnson, Tom Y Silva (Mautino) Y Lawfer A Slone A Lopez Y Tenhouse Y Younge Representative Gash, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken on March 5, 1999, 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 BILL 1098. The committee roll call vote on HOUSE BILL 1098 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Gash, Chair Y Lindner Y Bradley (Erwin) Y Lyons, Eileen Y Delgado Y O'Brien Y Durkin Y Scully Y Johnson, Tom Y Smith, Michael, Vice-Chair Y Jones, Lou Y Turner, John Y Winkel, Spkpn CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Bugielski asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1058. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Sharp asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 157. Representative Lang asked and obtained unanimous consent to be
HOUSE OF REPRESENTATIVES 633 removed as chief sponsor and Representative Harris asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 286. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Osmond asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 408. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Durkin asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 504. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Cross asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1432. Representative Howard asked and obtained unanimous consent to be removed as chief sponsor and Representative Harris asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1974. Representative McCarthy asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2248. Representative Burke asked and obtained unanimous consent to be removed as chief sponsor and Representative Jerry Mitchell asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2751. Representative Durkin asked and obtained unanimous consent to be removed as chief sponsor and Representative Pankau asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 504. INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 2863. Introduced by Representative Madigan, a bill for AN ACT to amend the Illinois Pension Code by changing Section 9-134 and to amend the State Mandates Act. AGREEED RESOLUTION The following resolutions were offered and placed on the House Calendar. HOUSE RESOLUTION 121 Offered by Representative Bellock: WHEREAS, The members of this Body are happy to recognize individuals who have made outstanding contributions to the well-being of the citizens of this State; and WHEREAS, Wayne Guthrie is a highly respected and valuable member of his community, who has retired from the Senior Citizens Advisory Committee of Downers Grove Township after years of dedicated service to the community; and WHEREAS, He was a founding member of the Committee, established on July 12, 1983; among his many accomplishments on the Committee was the establishment of the Dial-A-Ride for senior citizens and the Banner News newsletter for all senior citizens in the township; he served as Chairman of the Committee for two years; and WHEREAS, Wayne Guthrie has received numerous awards, including being honored in 1994 as one of ten people from the State of Illinois to be inducted into the Senior Illinoisan Hall of Fame; and WHEREAS, Wayne Guthrie is a former teacher, counselor, dean, and principal of School District 99; he was actively involved in many
634 JOURNAL OF THE [March 9, 1999] organizations concerning people of all ages, but in his later years he devoted most of his time to issues concerning older persons; and WHEREAS, He served as Chairman of the DuPage Senior Citizens Council and a member of its Home Maintenance Task Force; he was a member of the Senior Home Sharing, Inc., chaired the Housing and Grants Committee for the Illinois Region II Area Agency on Aging, and was a member of the DuPage County Affordable Housing Task Force; and WHEREAS, Wayne Guthrie truly exemplifies a truly honorable citizen; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we applaud Wayne Guthrie for his many years of dedicated and significant service to his community and the people of Illinois and we extend our best wishes to him for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Wayne Guthrie as an expression of our esteem. HOUSE RESOLUTION 122 Offered by Representative Curry: WHEREAS, The members of this Body were saddened to learn of the death of the Reverend Doctor Eugene B. Green of Decatur on Friday, February 26, 1999; and WHEREAS, He was born in Chicago on August 8, 1925, the son of Joseph B. and Willie Mae Lynsey Green; he was preceded in death by his parents and a son, Stephen White; and WHEREAS, He served in the United States Army, and he was honorably discharged on August 10, 1957; and WHEREAS, He had been pastor of several churches and retired as pastor of Trinity Christian Methodist Episcopal Church in Decatur; he served as an alternate delegate to the General Conference and was in charge of the bookstore at the Annual Conference; and WHEREAS, His passing will be deeply felt by his family and friends, especially his wife, Dorothy; his son, Edward White; and his sister, Verdell Lightfoot; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of Reverend Doctor Eugene B. Green and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to his widow, Dorothy Green. HOUSE RESOLUTION 126 Offered by Representative Bill Mitchell: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Mary Kathryn McGrenera of Decatur is celebrating the 86th anniversary of her birth; and WHEREAS, Mary Kathryn Burgess was born March 8, 1913, in Decatur, Illinois, to O. G. Burgess and Kathryn McGonnigle; and WHEREAS, She attended St. Patrick's School and Decatur High School; she went to Chicago in 1932 to live with her mother and brother; she obtained a civil service job with Cook County and worked for 40 years, retiring December 31, 1974; and WHEREAS, Mary Kathryn Burgess married Andrew P. McGrenera in 1961; he had 2 sons, C. Richard and Donald; her husband and C. Richard have died; and WHEREAS, She bought a house together with her brother in Decatur in 1975; and WHEREAS, Mary Kathryn McGrenera is the proud grandmother of 4
HOUSE OF REPRESENTATIVES 635 step-grandchildren and 7 step-great-grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mary Kathryn McGrenera on the occasion of her 86th birthday and extend to her our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to her as an expression of our respect and esteem. HOUSE RESOLUTION 127 Offered by Representative McAuliffe: WHEREAS, The members of this Body are honored to recognized significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Esther Peterson Rueschaw of Park Ridge, Illinois, is celebrating the 95th anniversary of her birth; and WHEREAS, Esther was born February 23, 1904, in Chicago, Illinois, to Ture Peterson and Emily Peterson; her father was a renowned mason known for his work building churches in the Chicago area; and WHEREAS, Esther Peterson married Harry R. Rueschaw on July 1, 1939; and WHEREAS, Esther Peterson is the proud mother of Elaine E. Jorndt; she is the proud grandmother of Elizabeth E. Jorndt; and WHEREAS, She worked as a full-time secretary until retiring at age 84; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Esther Peterson Rueschaw on the occasion of her 95th birthday and extend to Esther our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Esther Peterson Rueschaw as an expression of our respect and esteem. 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 118, 195, 214, 222, 254, 307, 392, 416, 417, 425, 457, 474, 530, 553, 578, 669, 736, 784, 789, 790, 792, 802, 833, 835, 891, 895, 897, 916, 1063, 1079, 1105, 1109, 1111, 1138, 1147, 1152, 1155, 1168, 1188, 1193, 1196, 1197, 1199, 1201, 1202, 1276, 1279, 1285, 1293, 1298, 1304, 1305, 1333, 1340, 1388, 1391, 1393, 1413, 1414, 1443, 1512, 1540, 1622, 1681, 1687, 1707, 1713, 1720, 1739, 1757, 1763, 1764, 1766, 1785, 1790, 1813, 1823, 1831, 1833, 1845, 1852, 1859, 1878, 1879, 1897, 1900, 1940, 1969, 1972, 1983, 1987, 1996, 1998, 2016, 2020, 2034, 2044, 2047, 2059, 2087, 2106, 2130, 2149, 2166, 2204, 2206, 2217, 2246, 2262, 2272, 2283, 2298, 2308, 2314, 2345, 2347, 2351, 2360, 2381, 2580, 2610, 2617, 2636, 2639, 2640, 2645, 2679, 2698, 2699, 2720, 2721, 2722, 2724, 2748, 2758, 2761, 2772, 2776, 2792, 2813, 2814 and 2836. 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 Black, HOUSE BILL 42 was taken up and
636 JOURNAL OF THE [March 9, 1999] read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, 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. On motion of Representative Righter, HOUSE BILL 32 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: 106, 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 112. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection & Product Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 112 AMENDMENT NO. 1. Amend House Bill 112 by replacing the title with the following: "AN ACT in relation to fireworks."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Fireworks Displayer Licensing Act. Section 5. Definitions. In this Act: "Office" means Office of the State Fire Marshal. "Pyrotechnic displayer" means any person, company, association, group of persons, or corporation that ignites or otherwise causes display or consumer fireworks to be detonated, ignited, or deflagrated to produce a visual or audible effect of an exhibitional nature before the public, invitees, or licensees, regardless of whether an admission is charged. "Division 1.3G (Class B) and 1.4G (Class C) explosives" means any substance or article defined as a Division 1.3G or 1.4G explosive by the United States Department of Transportation under 49 CFR 173.50. "Pyrotechnic distributor" means any person, company, association, group of persons, or corporation. "Pyrotechnic operator" means the individual with overall responsibility for the safety, set-up and discharge of a fireworks or pyrotechnic display. "Fireworks" means a composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation and includes blank cartridges, toy cannons in which explosives are used, the type of balloons that require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other
HOUSE OF REPRESENTATIVES 637 device containing any explosive substance, or containing combustible substances producing visual effects; however, "fireworks" does not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths of a grain or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths of a grain of explosive mixture. "Fireworks" includes Division 1.3G or 1.4G explosives. "Person" means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, State, municipality, or political subdivision of a State or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities. Section 10. License; enforcement; failure to pay tax. No person may act as a public fireworks displayer, or advertise or use any title implying that the person is engaged in the practice or occupation of display of fireworks, unless licensed by the Office under this Act. No firm, association, or corporation may act as an agency licensed under this Act, or advertise or use any title implying that it is engaged in the practice of display of fireworks, unless licensed by the Office under this Act. The State Fire Marshal, in the name of the People, through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin any person who has not been issued a license or whose license has been suspended, revoked, or not renewed, from practicing a licensed activity. Upon filing a verified petition in court, the court, if satisfied by affidavit, or otherwise, that the person is or has been practicing in violation of this Act, may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further unlicensed activity. A copy of the verified complaint shall be served upon the defendant and the proceedings are to be conducted as in other civil cases. The court may enter a judgment permanently enjoining a defendant from further unlicensed activity if it is established that the defendant has been or is practicing in violation of this Act. In case of violation of any injunctive order or judgment entered under this Section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings are in addition to all penalties and other remedies in this Act. Section 15. Deposit of fees. All fees collected under this Act shall be deposited into the Fire Prevention Fund. Section 30. Rules. The State Fire Marshal shall adopt all rules necessary to carry out its responsibilities under this Act including rules requiring the training, examination, and licensing of pyrotechnic operators engaging in or responsible for the handling and use of Division 1.3G (Class B) and 1.4G (Class C) explosives. The test shall incorporate the rules and regulations of the State Fire Marshal, which shall be based upon nationally recognized standards such as National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays and NFPA 1126 for indoor displays. Section 35. Licensure requirements and fees. Application for license. Each application for a license to practice under this Act shall be in writing and signed by the applicant on forms provided by the Office. (a) After January 1, 2001, no person may engage in pyrotechnic display without first applying for and obtaining a license from the
638 JOURNAL OF THE [March 9, 1999] Office. Applicants for a license must submit to the Office the following: (1) It must have a current Division 1.3G (Class B) Bureau of Alcohol, Tobacco and Firearms (BATF) license. (2) It must show proof of general liability insurance in an amount not less than $2,000,000. (3) It must show proof of workers' compensation insurance for personnel lighting the fireworks. (4) Fees as established by the Office. (5) Evidence of registration as an Illinois corporation or evidence of compliance with the Assumed Business Name Act if applicable. (6) Evidence of compliance with the qualifications and standards established by the Office. (7) If the fireworks or pyrotechnic display is to be fired from a flotation device on water, the following additional guidelines must be met: (A) The display must be executed by manual electronic firing or computer electric firing. (B) Each pyrotechnic operator must wear a life jacket or vest at all times while on the flotation device. (b) After January 1, 2001, no person may engage in pyrotechnic distribution without first applying for and obtaining a license from the Office. Each properly licensed distributor may sell to anyone within the State of Illinois who presents a current BATF license or user permit and a local fireworks display permit from the local authority having jurisdiction. Applicants for a license must submit to the Office the following: (1) It must have a current BATF license for 1.3G (Class B) and 1.4G (Class C) Display Fireworks. (2) It must show proof of $1,000,000 in product liability insurance. (3) It must pay a license fee of $700 per year. (4) Fees as established by the Office. (5) Evidence of registration as an Illinois corporation or evidence of compliance with the Assumed Business Name Act. (6) Evidence of compliance with the qualifications and standards established by the Office including having a licensed pyrotechnic operator for such displays. (c) After January 1, 2001, no individual may engage in the activity of operating or displaying pyrotechnics without first applying for and obtaining a pyrotechnic operator's license from the Office. Applicants for a license must submit to the Office the following: (1) The fees set by the Office. (2) Have the requisite training or continuing education as established in the Office's rules. (3) Pass the examination of the Office. Section 50. Issuance of license; renewal; fees nonrefundable. (a) The Office, upon the applicant's satisfactory completion of the requirements authorized under this Act and upon receipt of the requisite fees, shall issue the appropriate license showing the name and business location of the licensee, the dates of issuance, and expiration. (b) Each licensee may apply for renewal of his or her license upon payment of fees, as set forth in this Act. The expiration date and renewal period for each license issued under this Act shall be set by rule. Failure to renew within 60 days of the date results in lapse of the license. A lapsed license may not be reinstated until a written application is filed, the renewal fee is paid, and the reinstatement fee established by the Office is paid. Renewal and
HOUSE OF REPRESENTATIVES 639 reinstatement fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the service. A lapsed license may not be reinstated after 5 years have elapsed except upon passing an examination to determine fitness to have the license restored and by paying the required fees. (c) All fees paid under this Act are non-refundable. Section 55. Insufficient funds checks. Any person who on 2 occasions issues or delivers a check or other order to the Office that is not honored by the financial institution upon which it is drawn because of insufficient funds on account shall pay to the Office, in addition to the amount owing upon the check or other order, a fee of $50. If the check or other order was issued or delivered in payment of a renewal fee and the licensee whose license has lapsed continues to practice without paying the renewal fee and the $50 fee required under this Section, an additional fee of $100 is imposed for practicing without a current license. The Office may revoke or refuse to issue the license or licenses of any person who fails to pay the requisite fees. Section 60. Conditions of renewal; change of address; duplicate license; inspection. (a) As a condition of renewal of a license, the Office may require the licensee to report information pertaining to his or her practice which the Office determines to be in the interest of public safety. (b) A licensee shall report a change in home or office address within 10 days of the change. (c) Each licensee shall prominently display his or her license to practice at each place from which the practice is being performed. If more than one location is used, branch office certificates shall be issued upon payment of a fee to be established by the Office. (d) If a license or certificate is lost, a duplicate shall be issued upon payment of the required fee to be established by the Office. If a licensee wishes to change his or her name, the Office shall issue a license in the new name upon satisfactory proof that the change of name was done in accordance with law and upon payment of the required fee. (e) Each licensee shall permit his or her facilities to be inspected by representatives of the Office. Section 65. Grounds for discipline. Licensees subject to this Act shall conduct their practice in accordance with this Act and the rules promulgated under this Act. Licensees are subject to disciplinary sanctions enumerated in this Act if the State Fire Marshal finds that a licensee is guilty of any of the following: (1) Fraud or material deception in obtaining or renewing a license. (2) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities. (3) Conviction of any crime that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud, dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust. (4) Performing any service in a grossly negligent manner or permitting any licensed employee to perform a service in a grossly negligent manner, regardless of whether actual damage or damages to the public is established. (5) Habitual drunkenness or habitual addiction to the use of
640 JOURNAL OF THE [March 9, 1999] morphine, cocaine, controlled substances, or other habit-forming drugs. (6) Directly or indirectly willfully receiving compensation for any professional service not actually rendered. (7) Having disciplinary action taken against his or her license in another state. (8) Making differential treatment against any person to his or her detriment because of race, color, creed, sex, religion, or national origin. (9) Engaging in unprofessional conduct. (10) Engaging in false or misleading advertising. (11) Contracting or assisting an unlicensed person to perform services for which a license is required under this Act. (12) Permitting the use of his or her license to enable an unlicensed person or agency to operate as a licensee. (13) Performing and charging for a service without having the authorization to do so from the member of the public being serviced. (14) Failure to comply with any provision of this Act or the rules promulgated under this Act. (15) Conducting business regulated by this Act without a currently valid license. Section 75. Formal charges; hearing. (a) The Office may file formal charges against a licensee. Formal charges, at a minimum, inform the licensee of specific facts that are the basis of the charge to enable the licensee to defend himself or herself. (b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least 30 days before the date of the hearing. The hearing shall be presided over by the Office or a hearing officer authorized by the Office in compliance with the Illinois Administrative Procedure Act. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed certified, return requested, to the licensee at the licensee's last known address as listed with the Office. (c) The notice of a formal charge shall consist, at a minimum, of the following information: (1) The time and date of the hearing. (2) A statement that the licensee appear personally at the hearing and may be represented by counsel. (3) A statement that the licensee has the right to produce witnesses and evidence in his or her behalf and the right to cross-examine witnesses and evidence produced against him or her, (4) A statement that the hearing can result in disciplinary action being taken against his or her license. (5) A statement that rules for the conduct of these hearings exist and it may be in his or her best interest to obtain a copy. (6) A statement that the hearing officer authorized by the Office shall preside at the hearing and, following the conclusion of the hearing, make findings of fact, conclusions of law, and recommendations, separately stated, to the Office as to what disciplinary action, if any, should be imposed on the licensee. (7) A statement that the Office may continue the hearing. (d) The Office or the hearing officer authorized by the Office shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee, if any. If the hearing is conducted by a hearing officer, at the conclusion of the hearing, the hearing officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the Office and
HOUSE OF REPRESENTATIVES 641 to all parties to the proceeding. Submission to the licensee shall be considered as having been made if done in a similar fashion as service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Office a motion, in writing, for a rehearing. The written motion shall specify the particular grounds for the rehearing. (e) The Office, following the time allowed for filing a motion for rehearing, shall review the hearing officer's finding of fact, conclusions of law, recommendations, and any motions filed subsequent to the hearing. After review of the information the Office may hear oral arguments and thereafter issue an order. The report of findings of fact, conclusions of law, and recommendations of the hearing officer shall be the basis for the Office's order. If the Office finds that substantial justice was not done, it may issue an order in contravention of the hearing officer's findings. (f) All proceedings under this Section are matters of public record and shall be preserved. Section 80. Sanctions. (a) The Office shall impose any of the following sanctions, singularly or in combination, when it finds that a licensee is guilty of any offense described in this Act: (1) revocation; (2) suspension for any period of time; (3) reprimand or censure; (4) place on probationary status and require the submission of any of the following: (i) report regularly to the Office upon matters that are the basis of the probation; (ii) continue or renew professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or (iii) such other reasonable requirements or restrictions as are proper. (5) refuse to issue, renew, or restore; or (6) revoke probation that has been granted and impose any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated. (b) The State Fire Marshal may summarily suspend a license under this Act, without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing provided under this Section if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the State Fire Marshal suspends a license under this subsection, a hearing by the hearing officer designated by the State Fire Marshal shall begin within 20 days after the suspension begins, unless continued at the request of the licensee. (c) Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee, but the Office must be apprised of the full consent order in a timely way. (d) The Office shall reinstate any license to good standing under this Act, upon recommendation to the Office, after a hearing before the hearing officer authorized by the Office. The Office shall be satisfied that the applicant's renewed practice is not contrary to the public interest. (e) The Office may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this Act without having a valid license, certificate, or registration. Any person in violation of a cease and desist order entered by the Office is subject to all of the remedies provided by law, and in addition, is subject to a civil penalty payable to the party injured by the violation.
642 JOURNAL OF THE [March 9, 1999] Section 85. Subpoena, production of evidence; records; administrative review; license suspension; revocation. (a) The Office has the power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as is prescribed by law for judicial proceedings in civil cases. The State Fire Marshal, the Office, and the hearing officer approved by the Office, have the power to administer oaths at any hearing that the Office is authorized to conduct. (b) Any circuit court, upon the application of the licensee, the Office, or the State Fire Marshal, may order the attendance of witnesses and the production of relevant books and papers in any hearing under this Act. The court may compel obedience to its order by proceedings for contempt. (c) The Office of the State Fire Marshal, at its expense, shall provide a stenographer or a mechanical recording device to record the testimony and preserve a record of all proceedings at the hearing of any case in which a license may be revoked, suspended, placed on probationary status, or other disciplinary action taken with regard to the license. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer and the orders of the State Fire Marshal shall constitute the record of the proceedings. The Office shall furnish a transcript of the record to any interested person upon payment of the costs of copying and transmitting the record. (d) All final administrative decisions of the Office are subject to judicial review under the Administrative Review Law and the rules adopted under that Law. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of Illinois, the venue is in Sangamon County. The State Fire Marshal is not required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Office acknowledging payment of the costs of furnishing and certifying the record. Those costs shall be computed at the cost of preparing the record. Exhibits shall be certified without cost. Failure on the part of the licensee to file the receipt in court is a ground for dismissal of the action. During all judicial proceedings incident to a disciplinary action, the sanctions imposed upon the accused by the Office remain in effect, unless the court feels justice requires a stay of the order. (e) An order of revocation, suspension, placing the license on probationary status, or other formal disciplinary action as the State Fire Marshal may consider proper, or a certified copy of the order over the seal of the Office and purporting to be signed by the State Fire Marshal, is prima facie proof that: (1) the signature is that of the State Fire Marshal; (2) the State Fire Marshal is qualified to Act; and (3) the hearing officer is qualified to Act on behalf of the Office. The proof specified in paragraphs (1), (2), and (3) may be rebutted. (f) Upon the suspension or revocation of a license issued under this Act, a licensee shall surrender the license to the Office and upon failure to do so, the Office shall seize the license. (g) The Office, upon request, shall publish a list of the names and addresses of all licensees under the provisions of this Act. The Office shall publish a list of all persons whose licenses have been disciplined within the past year, together with such other
HOUSE OF REPRESENTATIVES 643 information as it may consider Of interest to the public. Section 90. Penalties. Any natural person who violates any of the following provisions is guilty of a Class A misdemeanor for the first offense and a corporation or other entity that violates any of the following provision commits a petty offense punishable by a fine not to exceed $1,000; a second or subsequent offenses in violation of any Section of this Act, including this Section, are Class 4 felonies if committed by a natural person, or a business offense punishable by a fine of up to $5,000 if committed by a corporation or other business entity: (1) Practicing or attempting to practice as a pyrotechnic operator, pyrotechnic distributor or pyrotechnic displayer without a license; (2) Obtaining or attempting to obtain a license, practice or business, or any other thing of value by fraudulent representation; (3) Permitting, directing, or authorizing any person in one's employ or under one's direction or supervision to work or serve as a licensee if that individual does not possess an appropriate valid license. Whenever any person is punished as a repeat offender under this Section, the Office may proceed to obtain a permanent injunction against the person under Section 10. If any person in making any oath or affidavit required by this Act swears falsely, the person is guilty of perjury and upon conviction may be punished accordingly. Section 905. The Illinois Explosives Act is amended by changing Section 1003 as follows: (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003) Sec. 1003. Definitions. As used in this Act: (a) "Person" means any individual, corporation, company, association, partnership, or other legal entity. (b) "Explosive materials" means explosives, blasting agents, and detonators. (c) "Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion and includes high or low explosives. For purposes of the administration of this Act, the following are not considered explosives: fixed ammunition for small arms, safety fuses, matches, fireworks, theatrical pyrotechnics, and model rocket fuel. Manufactured articles, including, but not limited to, fixed ammunition for small arms, fire crackers, safety fuses, and matches are not explosives when the individual units contain explosives in such limited quantity and of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units which would be injurious to life, limb or property. (d) "Blasting agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 blasting cap, as defined by the Bureau of Alcohol, Tobacco and Firearms, U.S. Department of Treasury, when unconfined. (e) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges. (f) "Highway" means any public street, public highway, or public alley. (g) "Railroad" or "railway" means any public steam, electric or other railroad or rail system which carries passengers for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant.
644 JOURNAL OF THE [March 9, 1999] (h) "Building" means and includes any building regularly occupied, in whole or in part, as a habitation for human beings, and any church, schoolhouse, railway station or other building where people are accustomed to assemble, but does not mean or include any buildings of a mine or quarry or any of the buildings of a manufacturing plant where the business of manufacturing explosive materials is conducted. (i) "Factory building" means any building or other structure in which the manufacture or any part of the manufacture of explosive materials is conducted. (j) "Magazine" means any building or other structure or container, other than a factory building, used to store explosive materials. Where mobile or portable type 5 magazines are permissible and used, "magazine", for the purpose of obtaining certificates and calculating fees, means the site on which such magazines are located. (k) "Magazine keeper" means a qualified supervisory person responsible for the inventory and safe storage of explosive materials, including the proper maintenance of explosive materials, storage magazines and surrounding areas. (l) "Black powder" means a deflagrating or low explosive compound of an intimate mixture of sulfur, charcoal and an alkali nitrate, usually potassium or sodium nitrate. (m) "Municipality" includes cities, villages, and incorporated towns and townships. (n) "Fugitive from justice" means any individual who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. This term shall also include any individual who has been convicted of any crime and has fled to avoid imprisonment. (o) "Department" means the Department of Natural Resources. (p) "Small arms" means guns of 50 calibers or less. (q) "Director" means the Director of Natural Resources. (r) "Storage certificate" means the certificate issued by the Department under Article 3 of this Act that authorizes the holder to store explosive materials in the magazine for which the certificate is issued. (s) "License" means that license issued by the Department under Article 2 of this Act authorizing the holder to possess, use, purchase, transfer or dispose of, but not to store, explosive materials. (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.) Section 910. The Fireworks Use Act is amended by changing Section 2 as follows: (425 ILCS 35/2) (from Ch. 127 1/2, par. 128) Sec. 2. Except as hereinafter provided it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that city councils in cities, the president and board of trustees in villages and incorporated towns, and outside the corporate limits of cities, villages and incorporated towns, the county board, shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks. Every such display shall be handled by a competent individual who is licensed as a pyrotechnics displayer and pyrotechnic operator designated by the local authorities herein specified and shall be of such a character and so located, discharged or fired, as not to be hazardous to property or endanger any person or persons. Application for permits shall be made in writing at least 15 days in advance of the date of the display and action shall be taken on such application within 48 hours after such application is made. After such privilege shall have been granted, sales,
HOUSE OF REPRESENTATIVES 645 possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Permits may be granted hereunder to any groups of 3 or more adult individuals applying therefor. No permit shall be required, under the provisions of this Act, for supervised public displays by State or County fair associations. The governing body shall require proof of insurance a bond from the licensee in a sum not less than $2,000,000 $1,000 conditioned on compliance with the provisions of this law and the regulations of the State Fire Marshal adopted hereunder, except that no municipality shall be required to provide evidence of insurance file such bond. Such permit shall be issued only after inspection of the display site by the issuing officer, to determine that such display shall not be hazardous to property or endanger any person or persons. Forms for such application and permit may be obtained from the Office of the State Fire Marshal. One copy of such permit shall be on file with the issuing officer, and one copy forwarded to the Office of the State Fire Marshal. Possession by any party holding a certificate of registration under "The Fireworks Regulation Act of Illinois", filed July 20, 1935, or by any employee or agent of such party or by any person transporting fireworks for such party, shall not be a violation, provided such possession is within the scope of business of the fireworks plant registered under that Act. (Source: P.A. 86-1028.)". 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 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 17 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: 104, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) 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 McKeon, HOUSE BILL 38 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: 105, 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.
646 JOURNAL OF THE [March 9, 1999] HOUSE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 1438. 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 Schoenberg, HOUSE BILL 76 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: 100, Yeas; 2, Nays; 4, 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. On motion of Representative Durkin, HOUSE BILL 129 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: 95, Yeas; 9, Nays; 4, Answering Present. (ROLL CALL 7) 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 2218. 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 2218 AMENDMENT NO. 1. Amend House Bill 2218 on page 3, line 32, by deleting "appointed by the Governor". 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 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).
HOUSE OF REPRESENTATIVES 647 On motion of Representative Curry, HOUSE BILL 329 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: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) 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 1134. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1134 AMENDMENT NO. 1. Amend House Bill 1134 on page 13, by replacing lines 2 through 8 with the following: "Equalized Assessed Valuation of that district. For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio. For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the last calculated Extension Limitation Equalized Assessed Valuation and the district's Extension Limitation Ratio. If the Extension Limitation". 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 2343. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2343 AMENDMENT NO. 1. Amend House Bill 2343 by replacing the title with the following: "AN ACT to amend the Plat Act by changing Section 3."; and by replacing everything after the enacting clause with the following: "Section 5. The Plat Act is amended by changing Section 3 as follows: (765 ILCS 205/3) (from Ch. 109, par. 3) Sec. 3. The acknowledgment and recording of such plat, or the acknowledgment and the filing of the same shall be held in all courts to be a conveyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his or her
648 JOURNAL OF THE [March 9, 1999] heirs and representatives, to such donee or grantee, for their use or for the use and purposes therein named or intended, and for no other use or purpose; and the premises intended for any street, alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended. The location and construction of municipal utilities is an intended use of a fee simple right-of-way dedication, provided that all jurisdictions with an interest in the right-of-way permit the installation of the municipal utilities. (Source: P.A. 83-345.)". 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 2019. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Financial Institutions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2019 AMENDMENT NO. 1. Amend House Bill 2019 on page 1, line 2, by replacing "13 and 17" with "13, 17, and 39"; and on page 1, by replacing line 6 with the following: "changing Sections 13, 17, and 39 as follows:"; and on page 2, by replacing lines 22 through 31 with the following: "banking business, a bank, upon written notice to the Commissioner, may change its name by filing written notice with the Commissioner at least 30 days prior to the effective date of such change. A bank chartered under this Act may change its main banking premises by filing written application with the Commissioner, on forms prescribed by the Commissioner, provided (i) the change shall not be a removal to a new location without complying with the capital requirements of Section 7 and of subsection (1) of Section 10 of this Act; (ii) the Commissioner approves the relocation or change; and (iii) the bank complies with any applicable federal law or regulation. The application shall be deemed to be approved if the Commissioner has not acted on the application within 30 days after receipt of the application, unless within the 30-day time frame the Commissioner informs the bank that an extension of time is necessary prior to the Commissioner's action on the application."; and on page 11, after line 18, by inserting the following: "(205 ILCS 5/39) (from Ch. 17, par. 349) Sec. 39. Directors' and officers' liability. (a) Every director or officer of a State bank, who shall violate, or participate in, or assent to a violation of Section 32, 33, 34, 35.1, or 35.2 of this Act, or who shall permit any of the officers, agents, or servants of the state bank to violate the provisions of Section 32, 33, 34, 35.1, or 35.2 of this Act shall be held liable in his or her personal or individual capacity for all damages which the State bank, its stockholders, or any other person shall have sustained in consequence of the violation. No director or officer of a State bank shall be held liable in his or her personal or individual capacity under this Section, however, for a loan, investment, lease, or other transaction that complied in good faith with the applicable provisions of Section 32, 33, 34, 35.1, or 35.2, when made or acquired by the State bank, but later violated the provisions of Section 32, 33, 34, 35.1, or 35.2 solely because of a subsequent reduction in the amount of the unimpaired capital or
HOUSE OF REPRESENTATIVES 649 unimpaired surplus of the State bank. Nothing contained in this Section shall be construed to limit in any way the Commissioner's powers and authority including, but not limited to, the powers and authority vested in the Commissioner by Section 48 of this Act. (b) By the affirmative vote of the holders of at least two-thirds of the outstanding shares of stock of a State bank, such vote occurring at any annual or special meeting of shareholders held pursuant to this Act or occurring pursuant to the waiver provisions of Section 43 of this Act, The charter of a State bank may establish contain a provision providing that a director is not personally liable to the bank or its shareholders for monetary damages for a breach of the director's fiduciary duty; provided, however, that such provision may not eliminate or limit the liability of a director for any of the following: (1) An act or omission that is grossly negligent. (2) A breach of the director's duty of loyalty to the bank or its shareholders. (3) Acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law. (4) A transaction from which the director derived an improper personal benefit. (5) An act or omission occurring before the effective date of the provision in the charter authorized by this subsection. (Source: P.A. 88-636, eff. 9-9-94.)". 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 802. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 802 AMENDMENT NO. 1. Amend House Bill 802 on page 4, by replacing lines 15 and 16 with the following: "(d) No operator of a motorcycle, motor driven cycle, or motorized pedalcycle shall permit a passenger under 16 years of age to ride without wearing a"; and on page 5, by replacing lines 19 through 31 with the following: "(c) A violation of this Section is a petty offense punishable by a fine not to exceed $5."; and on page 5, line 32, by replacing "(e)" with "(d)". AMENDMENT NO. 2 TO HOUSE BILL 802 AMENDMENT NO. 2. Amend House Bill 802, AS AMENDED, in the introductory clause of Section 10, by replacing "Sections 11-1507.2 and" with "Section"; and in Section 10, by deleting all of Sec. 11-1507.2. There being no further amendments, the foregoing Amendments numbered 1 and 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1915. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Financial
650 JOURNAL OF THE [March 9, 1999] Institutions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1915 AMENDMENT NO. 1. Amend House Bill 1915 on page 1 by replacing line 7 with the following: "Sec. 14. (a) A Every title insurance company, a title insurance agent, and an every"; and on page 1, line 27, by changing "0.10%" to "0.25%"; and on page 3, line 24, by changing "insurers" to "title insurance companies and all title insurance agents". 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 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 O'Brien, HOUSE BILL 731 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: 110, Yeas; 0, 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 Tom Johnson, HOUSE BILL 448 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: 110, Yeas; 0, Nays; 0, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 788. 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 788 AMENDMENT NO. 1. Amend House Bill 788, on page 2, lines 16 and 17, by changing "A misdemeanor" to "4 felony"; and on page 2, line 18, by changing "4" to "3".
HOUSE OF REPRESENTATIVES 651 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 1805. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1805 AMENDMENT NO. 1. Amend House Bill 1805, on page 50, line 7, by replacing "she they sold real at" with "she has sold real estate at". 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 390. 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 390 AMENDMENT NO. 1. Amend House Bill 390 on page 2, by inserting immediately below line 6 the following: "(c) For the purposes of the Property Tax Extension Limitation Law, the amount of the extension abatement shall continue to be included in the park district's aggregate extension base.". 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 1180. 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 1180 AMENDMENT NO. 1. Amend House Bill 1180, on page 11, line 20, after "stated.", by inserting "Nothing in this Act shall prohibit a Public Safety Personnel Organization from stating the actual number of members it has in any geographical area."; and on page 12, by deleting lines 30 through 34; and on page 13, by deleting lines 1 and 2. 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 1182. 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:
652 JOURNAL OF THE [March 9, 1999] AMENDMENT NO. 1 TO HOUSE BILL 1182 AMENDMENT NO. 1. Amend House Bill 1182, on page 2, line 4, by changing "Sheriff" to "Sheriff's Merit Board". 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 124. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 124 AMENDMENT NO. 1. Amend House Bill 124 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 2-3.13a as follows: (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) Sec. 2-3.13a. Scholastic records; transferring students. The State Board of Education shall establish and implement rules requiring all of the public schools and all private or nonpublic elementary and secondary schools located in this State, whenever any such school has a student who is transferring to any other public elementary or secondary school located in this or in any other state, to forward within 10 days of notice of the student's transfer an unofficial record of that student's grades to the school to which such student is transferring. Each public school at the same time also shall forward to the school to which the student is transferring the remainder of the student's school student records as required by the Illinois School Student Records Act. In addition, if a student is transferring from a public school from which the student has been suspended or expelled for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has not expired at the time the student attempts to transfer into another public school in the same or any other school district: (i) any school student records required to be transferred shall include the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into the Department of Corrections school district, the student shall not be permitted to attend class in the public school into which he or she is transferring until the student has served the entire period of the suspension or expulsion imposed by the school from which the student is transferring. No public or private school in this State shall accept or admit any student presenting himself or herself for enrollment unless that student can prove he or she is not currently suspended or expelled for any weapons related offense as the term weapon is defined in the Gun Free Schools Act. Each public school and each private or nonpublic elementary or secondary school in this State shall within 10 days after the student has paid all of his or her outstanding fines and fees and at its own expense forward an official transcript of the scholastic records of each student transferring from that school in strict accordance with the provisions of this Section and the rules established by the State Board of Education as herein provided.
HOUSE OF REPRESENTATIVES 653 The State Board of Education shall develop a one-page standard form that school districts are required to provide to any student who is moving out of the school district and that contains the information about whether or not the student is "in good standing" and whether or not his or her medical records are up-to-date and complete. As used in this Section, "in good standing" means that the student is not being disciplined by a suspension or expulsion, but is entitled to attend classes. No school district is required to admit a new student unless he or she can produce the standard form from the student's previous school district enrollment. (Source: P.A. 89-261, eff. 8-10-95; 89-622, eff. 8-9-96; 89-698, eff. 1-14-97.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 124 AMENDMENT NO. 2. Amend House Bill 124 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 2-3.13a as follows: (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) Sec. 2-3.13a. Scholastic records; transferring students. The State Board of Education shall establish and implement rules requiring all of the public schools and all private or nonpublic elementary and secondary schools located in this State, whenever any such school has a student who is transferring to any other public elementary or secondary school located in this or in any other state, to forward within 10 days of notice of the student's transfer an unofficial record of that student's grades to the school to which such student is transferring. Each public school at the same time also shall forward to the school to which the student is transferring the remainder of the student's school student records as required by the Illinois School Student Records Act. In addition, if a student is transferring from a public school, whether located in this or any other state, from which the student has been suspended or expelled for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has not expired at the time the student attempts to transfer into another public school in the same or any other school district: (i) any school student records required to be transferred shall include the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into the Department of Corrections school district, the student shall not be permitted to attend class in the public school into which he or she is transferring until the student has served the entire period of the suspension or expulsion imposed by the school from which the student is transferring, provided that the school board may approve the placement of the student in an alternative school program established under Article 13A of this Act. Each public school and each private or nonpublic elementary or secondary school in this State shall within 10 days after the student has paid all of his or her outstanding fines and fees and at its own expense forward an official transcript of the scholastic records of each student transferring from that school in strict accordance with the provisions of this Section and the rules established by the State Board of Education as herein provided. The State Board of Education shall develop a one-page standard
654 JOURNAL OF THE [March 9, 1999] form that Illinois school districts are required to provide to any student who is moving out of the school district and that contains the information about whether or not the student is "in good standing" and whether or not his or her medical records are up-to-date and complete. As used in this Section, "in good standing" means that the student is not being disciplined by a suspension or expulsion, but is entitled to attend classes. No school district is required to admit a new student who is transferring from another Illinois school district unless he or she can produce the standard form from the student's previous school district enrollment. No school district is required to admit a new student who is transferring from an out-of-state public school unless the parent or guardian of the student certifies in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring. (Source: P.A. 89-261, eff. 8-10-95; 89-622, eff. 8-9-96; 89-698, eff. 1-14-97.) Section 99. Effective date. This Act takes effect upon becoming law.". 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. HOUSE BILL 1365. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 747. 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: AMENDMENT NO. 1 TO HOUSE BILL 747 AMENDMENT NO. 1. Amend House Bill 747 as follows: on page 1, line 9, immediately after "shall", by inserting "create a counseling or trauma program and"; and on page 1, line 11, immediately after "crew" by inserting "directly"; and on page 1, by replacing lines 13 through 30 with the following: "injury on its railway or right of way. (b) If the engineer or other operating crew member directly involved requests, at the site of the accident or within 48 hours of the accident, he or she shall be relieved from duty with compensation and applicable benefits for 3 days. (c) Each rail carrier operating in this State must file its counseling or trauma program with the Illinois Commerce Commission, which shall be available for public inspection." 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 BILLS ON THIRD READING
HOUSE OF REPRESENTATIVES 655 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 Currie, HOUSE BILL 1509 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; 35, 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 Scott, HOUSE BILL 567 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: 95, Yeas; 16, Nays; 0, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 1825. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Agriculture & Conservation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1825 AMENDMENT NO. 1. Amend House Bill 1825 as follows: on page 1, line 25, by replacing "may" with "shall". 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 502. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection & Product Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 502 AMENDMENT NO. 1. Amend House Bill 502, on page 1, by replacing lines 11 through 13 with the following: "initial licensure under this Act to submit to a criminal background check as part of the qualification for licensure. If an applicant's criminal background check indicates criminal conviction, the applicant must further submit to a fingerprint-based criminal background check. The Department shall adopt rules to implement this Section.".
656 JOURNAL OF THE [March 9, 1999] 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 902. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 902 AMENDMENT NO. 1. Amend House Bill 902 on page 1, line 7, by replacing "1999" with "2000"; and on page 1, line 16, by replacing "1999" with "2000"; and on page 47, line 23, by replacing "July 1, 1999" with "December 31, 1999"; and on page 74, line 18, by replacing "July 1, 1999" with "December 31, 1999"; and on page 87, line 3, by replacing "July 1, 1999" with "December 31, 1999"; and on page 87, line 12, by replacing "July 1, 1999" with "December 31, 1999"; and on page 87, line 27, by replacing "July 1, 1999" with "December 31, 1999"; and on page 89, line 4, by replacing "January 1, 2010" with "December 31, 2009"; and on page 89, line 5, by replacing "January 1, 2010" with "December 31, 2009"; and on page 89, line 6, by replacing "1999" with "2000"; and on page 93, line 30, by replacing "1999" with "2000"; and on page 95, line 19, by replacing "1999" with "2000"; and on page 96, line 7, by replacing "1999" with "2000"; and on page 105, line 6, by replacing "1999" with "2000"; and on page 106, line 10, by replacing "1999" with "2000"; and on page 107, line 23, by replacing "1999" with "2000"; and on page 108, line 16, by replacing "1999" with "2000"; and on page 108, line 23, by replacing "1999" with "2000"; and on page 109, line 13, by replacing "1999" with "2000"; and on page 109, line 31, by replacing "1999" with "2000"; and on page 112, line 15, by replacing "1999" with "2000"; and on page 112, line 25 by replacing "January 1, 2000" with "December 31, 1999.". 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 BILLS ON SECOND READING HOUSE BILL 1194. 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 1194 AMENDMENT NO. 1. Amend House Bill 1194 by replacing the title with the following:
HOUSE OF REPRESENTATIVES 657 "AN ACT concerning schools, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 10-27.1A as follows: (105 ILCS 5/10-27.1A) Sec. 10-27.1A. Reporting Firearms in schools. (a) All school officials, including teachers, guidance counselors, and support staff, shall immediately notify a local law enforcement agency and the office of the principal in the event that they observe any person in possession of a firearm on school grounds. A report is not required by this Section when the school official knows that the person in possession of the firearm is a law enforcement official engaged in the conduct of his or her official duties. Willful failure to comply with this Section shall subject the non-reporting school official to suspension or revocation of certification, pursuant to subsection (a) of Section 21-23 of this Code. (b) Upon receiving a report from any school official pursuant to the Section, or from any other person, the principal or his or her designee shall, if not already done, immediately notify a local law enforcement agency. If the person found to be in possession of a firearm on school grounds is a student, the principal or his or her designee shall also immediately notify that student's parent or guardian. Upon receiving notification from the principal or his or her designee or any other school official, the local law enforcement agency shall immediately commence an investigation and determine whether to file a delinquency petition or complaint. If the person found to be in possession of the firearm on school grounds is a minor, the law enforcement agency shall detain that minor until such time as the agency makes a determination pursuant to clause (a) of subsection (1) of Section 5-401 of the Juvenile Court Act of 1987, as to whether the agency reasonably believes that the minor is delinquent. If the law enforcement agency determines that probable cause exists to believe that the minor committed a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 while on school grounds, the agency shall detain the minor for processing pursuant to Section 5-407 of the Juvenile Court Act of 1987. (c) On or after January 1, 1997, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the superintendent or his or her designee shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities immediately no later than 24 hours after the occurrence of the incident and to the Department of State Police in a form, manner, and frequency as prescribed by the Department of State Police. The State Board of Education shall receive an annual statistical compilation and related data associated with incidents involving firearms in schools from the Department of State Police. (d) As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. As used in this Section, the term "school" means any public or private elementary or secondary school. As used in this Section, the term "school grounds" includes the real property comprising any school, any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or any public way within 1,000 feet of the
658 JOURNAL OF THE [March 9, 1999] real property comprising any school. (Source: P.A. 89-498, eff. 6-27-96.) Section 10. The Juvenile Court Act of 1987 is amended by adding Section 5-407 as follows: (705 ILCS 405/5-407 new) Sec. 5-407. Processing of juvenile in possession of a firearm. (a) If a law enforcement officer detains a minor pursuant to Section 10-27.1A of the School Code, the officer shall deliver the minor to the nearest juvenile officer, in the manner prescribed by subsection (2) of Section 5-405 of this Act. The juvenile officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors. In no event shall the minor be eligible for any other disposition by the juvenile police officer, notwithstanding the provisions of subsection (3) of Section 5-405 of this Act. (b) Minors not excluded from this Act's jurisdiction under subsection (3)(a) of Section 5-130 of this Act shall be brought before a judicial officer within 40 hours, exclusive of Saturdays, Sundays, and court-designated holidays, for a detention hearing to determine whether he or she shall be further held in custody. If the court finds that there is probable cause to believe that the minor is a delinquent minor by virtue of his or her violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 while on school grounds, that finding shall operate as a determination of urgent and immediate necessity under subdivision (2) of Section 5-501 of this Act and the minor shall be detained, pending the results of a court-ordered psychological evaluation to determine if the minor is a risk to himself, herself, or others. Upon receipt of the psychological evaluation, the court shall review the determination regarding the existence of urgent and immediate necessity. The court shall consider the psychological evaluation in conjunction with the other factors identified in subdivision (2) of Section 5-501 of this Act in order to make a de novo determination regarding whether it is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another that the minor be detained or placed in a shelter care facility. In addition to the pre-trial conditions found in Section 5-505 of this Act, the court may order the minor to receive counseling and any other services recommended by the psychological evaluation as a condition for release of the minor. (c) Upon making a determination that the student presents a risk to himself, herself, or others, the court shall issue an order restraining the student from entering the property of the school if he or she has been suspended or expelled from the school as a result of possessing a firearm. The order shall restrain the student from entering the school and school owned or leased property, including any conveyance owned, leased, or contracted by the school to transport students to or from school or a school-related activity. The order shall remain in effect until such time as the court determines that the student no longer presents a risk to himself, herself, or others. (d) Psychological evaluations ordered pursuant to subsection (b) of this Section and statements made by the minor during the course of these evaluations, shall not be admissible on the issue of delinquency during the course of any adjudicatory hearing held under this Act. (e) In this Section: "School" means any public or private elementary or secondary school. "School grounds" includes the real property comprising any school, any conveyance owned, leased, or contracted by a school to
HOUSE OF REPRESENTATIVES 659 transport students to or from school or a school-related activity, or any public way within 1,000 feet of the real property comprising any school. Section 15. The Code of Criminal Procedure of 1963 is amended by changing Sections 110-4 and 110-10 as follows: (725 ILCS 5/110-4) (from Ch. 38, par. 110-4) Sec. 110-4. Bailable Offenses. (a) All persons shall be bailable before conviction, except the following offenses where the proof is evident or the presumption great that the defendant is guilty of the offense: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; or felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, where the court after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person or persons; or stalking or aggravated stalking, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of the alleged victim of the offense and denial of bail is necessary to prevent fulfillment of the threat upon which the charge is based; or unlawful use of weapons in violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. (b) A person seeking release on bail who is charged with a capital offense or an offense for which a sentence of life imprisonment may be imposed shall not be bailable until a hearing is held wherein such person has the burden of demonstrating that the proof of his guilt is not evident and the presumption is not great. (c) Where it is alleged that bail should be denied to a person upon the grounds that the person presents a real and present threat to the physical safety of any person or persons, the burden of proof of such allegations shall be upon the State. (d) When it is alleged that bail should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110-6.3 of this Code, the burden of proof of those allegations shall be upon the State. (Source: P.A. 87-870; 87-871; 88-45.) (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) Sec. 110-10. Conditions of bail bond. (a) If a person is released prior to conviction, either upon payment of bail security or on his or her own recognizance, the conditions of the bail bond shall be that he or she will: (1) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court; (2) Submit himself or herself to the orders and process of the court; (3) Not depart this State without leave of the court; (4) Not violate any criminal statute of any jurisdiction; and (5) At a time and place designated by the court, surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms when the offense the person has been charged with is
660 JOURNAL OF THE [March 9, 1999] a forcible felony, stalking, aggravated stalking, domestic battery, any violation of either the Illinois Controlled Substances Act or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961;. the court may, however, forego the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical;. all legally possessed firearms shall be returned to the person upon that person completing a sentence for a conviction on a misdemeanor domestic battery, upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and. (6) At a time and place designated by the court, submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 and that violation occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school. Psychological evaluations ordered pursuant to this Section shall be completed promptly and made available to the State, the defendant, and the court. As a further condition of bail under these circumstances, the court shall order the defendant to refrain from entering upon the property of the school, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation, either the State or the defendant may request a change in the conditions of bail, pursuant to Section 110-6 of this Code. The court may change the conditions of bail to include a requirement that the defendant follow the recommendations of the psychological evaluation, including undergoing psychiatric treatment. The conclusions of the psychological evaluation and any statements elicited from the defendant during its administration are not admissible as evidence of guilt during the course of any trial on the charged offense, unless the defendant places his or her mental competency in issue. (b) The court may impose other conditions, such as the following, if the court finds that such conditions are reasonably necessary to assure the defendant's appearance in court, protect the public from the defendant, or prevent the defendant's unlawful interference with the orderly administration of justice: (1) Report to or appear in person before such person or agency as the court may direct; (2) Refrain from possessing a firearm or other dangerous weapon; (3) Refrain from approaching or communicating with particular persons or classes of persons; (4) Refrain from going to certain described geographical areas or premises; (5) Refrain from engaging in certain activities or indulging in intoxicating liquors or in certain drugs; (6) Undergo treatment for drug addiction or alcoholism; (7) Undergo medical or psychiatric treatment; (8) Work or pursue a course of study or vocational training; (9) Attend or reside in a facility designated by the court; (10) Support his or her dependents; (11) If a minor resides with his or her parents or in a foster home, attend school, attend a non-residential program for
HOUSE OF REPRESENTATIVES 661 youths, and contribute to his or her own support at home or in a foster home; (12) Observe any curfew ordered by the court; (13) Remain in the custody of such designated person or organization agreeing to supervise his release. Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court; (14) Be placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections; or (14.1) The court shall impose upon a defendant who is charged with any alcohol, cannabis or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee not to exceed $5 for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code; (14.2) The court shall impose upon all defendants, including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee which shall represent costs incidental to such electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be; (15) Comply with the terms and conditions of an order of protection issued by the court under the Illinois Domestic Violence Act of 1986; (16) Under Section 110-6.5 comply with the conditions of the drug testing program; and (17) Such other reasonable conditions as the court may impose. (c) When a person is charged with an offense under Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961", involving a victim who is a minor under 18 years of age living in the same household with the defendant at the time of the offense, in granting bail or releasing the defendant on his own recognizance, the judge shall impose conditions to restrict the defendant's access to the victim which may include, but are not limited to conditions that he will:
662 JOURNAL OF THE [March 9, 1999] 1. Vacate the Household. 2. Make payment of temporary support to his dependents. 3. Refrain from contact or communication with the child victim, except as ordered by the court. (d) When a person is charged with a criminal offense and the victim is a family or household member as defined in Article 112A, conditions shall be imposed at the time of the defendant's release on bond that restrict the defendant's access to the victim. Unless provided otherwise by the court, the restrictions shall include requirements that the defendant do the following: (1) refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release; and (2) refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release. (e) Local law enforcement agencies shall develop standardized bond forms for use in cases involving family or household members as defined in Article 112A, including specific conditions of bond as provided in subsection (d). Failure of any law enforcement department to develop or use those forms shall in no way limit the applicability and enforcement of subsections (d) and (f). (f) If the defendant is admitted to bail after conviction the conditions of the bail bond shall be that he will, in addition to the conditions set forth in subsections (a) and (b) hereof: (1) Duly prosecute his appeal; (2) Appear at such time and place as the court may direct; (3) Not depart this State without leave of the court; (4) Comply with such other reasonable conditions as the court may impose; and, (5) If the judgment is affirmed or the cause reversed and remanded for a new trial, forthwith surrender to the officer from whose custody he was bailed. (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.) 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 1700. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1700 AMENDMENT NO. 1. Amend House Bill 1700 on page 7, line 14, by replacing "20" with "10"; and on page 7, lines 16 through 18, by deleting "be mailed no later than 60 days after the issuance of the citation for violation and shall". 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 542. Having been printed, was taken up and read by title a second time.
HOUSE OF REPRESENTATIVES 663 The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 542 AMENDMENT NO. 1. Amend House Bill 542 by replacing everything after the enacting clause with the following: "Section 5. The Use Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit music or dramatic arts organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation of live public performances of musical or theatrical works on a regular basis. (4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department. (5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax. (6) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and including machinery and equipment purchased for lease. (7) Farm chemicals. (8) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (9) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living
664 JOURNAL OF THE [March 9, 1999] quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (11) is exempt from the provisions of Section 3-90. (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (13) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages purchased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (14) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for
HOUSE OF REPRESENTATIVES 665 photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property. (20) Semen used for artificial insemination of livestock for direct agricultural production. (21) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (23) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or used
666 JOURNAL OF THE [March 9, 1999] in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (25) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (26) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity that consists primarily of volunteers and includes parents of the school children. This paragraph does not apply to fundraising events for the benefit of private home instruction. This paragraph is exempt from the provisions of Section 3-90. (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98.) Section 10. The Service Use Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a non-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit music or dramatic arts organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section
HOUSE OF REPRESENTATIVES 667 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation of live public performances of musical or theatrical works on a regular basis. (4) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (6) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-75. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
668 JOURNAL OF THE [March 9, 1999] and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Proceeds from the sale of photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Semen used for artificial insemination of livestock for direct agricultural production. (14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (15) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (16) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee
HOUSE OF REPRESENTATIVES 669 for any reason, the lessor is liable to pay that amount to the Department. (17) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (19) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity that consists primarily of volunteers and includes parents of the school children. This paragraph does not apply to fundraising events for the benefit of private home instruction. This paragraph is exempt from the provisions of Section 3-75. (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98.) Section 15. The Service Occupation Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5) Sec. 3-5. Exemptions. The following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by any not-for-profit music or dramatic arts organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation of live public performances of musical or theatrical works on a regular basis. (4) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser
670 JOURNAL OF THE [March 9, 1999] to be used primarily for graphic arts production. (6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-55 3-75. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
HOUSE OF REPRESENTATIVES 671 (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act. (14) Semen used for artificial insemination of livestock for direct agricultural production. (15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (16) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (17) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (19) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (20) Beginning January 1, 2000, personal property, including food, sold through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity that consists primarily of volunteers and includes parents of the school children. This paragraph does not apply to fundraising events for the benefit of private home instruction. This paragraph is exempt from the provisions of Section 3-55.
672 JOURNAL OF THE [March 9, 1999] (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.) Section 20. The Retailers' Occupation Tax Act is amended by changing Section 2-5 as follows: (35 ILCS 120/2-5) (from Ch. 120, par. 441-5) Sec. 2-5. Exemptions. Gross receipts from proceeds from the sale of the following tangible personal property are exempt from the tax imposed by this Act: (1) Farm chemicals. (2) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (2). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed, if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 2-70 3-75. (3) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (4) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (5) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act.
HOUSE OF REPRESENTATIVES 673 (6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Proceeds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax. (8) Personal property sold to an Illinois county fair association for use in conducting, operating, or promoting the county fair. (9) Personal property sold to a not-for-profit music or dramatic arts organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c) (3) of the Internal Revenue Code and that is organized and operated for the presentation of live public performances of musical or theatrical works on a regular basis. (10) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active identification number issued by the Department. (12) Personal property sold to interstate carriers for hire for use as rolling stock moving in interstate commerce or to lessors under leases of one year or longer executed or in effect at the time of purchase by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (13) Proceeds from sales to owners, lessors, or shippers of tangible personal property that is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (15) Proceeds of mandatory service charges separately stated on customers' bills for purchase and consumption of food and beverages,
674 JOURNAL OF THE [March 9, 1999] to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (16) Petroleum products sold to a purchaser if the seller is prohibited by federal law from charging tax to the purchaser. (17) Tangible personal property sold to a common carrier by rail or motor that receives the physical possession of the property in Illinois and that transports the property, or shares with another common carrier in the transportation of the property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of the property to a destination outside Illinois, for use outside Illinois. (18) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (19) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (20) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (21) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (22) Fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (23) A transaction in which the purchase order is received by a florist who is located outside Illinois, but who has a florist located in Illinois deliver the property to the purchaser or the purchaser's donee in Illinois. (24) Fuel consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship, or vessel while it is afloat upon that bordering river. (25) A motor vehicle sold in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a driveaway decal permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his or her home state. The issuance of the driveaway decal permit or having the out-of-state registration plates to be transferred is prima facie evidence that the motor vehicle will not be titled in this State.
HOUSE OF REPRESENTATIVES 675 (26) Semen used for artificial insemination of livestock for direct agricultural production. (27) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (28) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (29) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (30) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (31) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (32) Beginning January 1, 2000, personal property, including food, sold through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts, if the events are sponsored by an entity that consists primarily of volunteers and includes parents of the school children. This paragraph does not apply to fundraising events for the benefit of private home instruction. This paragraph is exempt from the provisions of Section 2-70. (Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.) 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. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 807.
676 JOURNAL OF THE [March 9, 1999] HOUSE BILL 573. 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 573 AMENDMENT NO. 1. Amend House Bill 573 on page 1, lines 2 and 6, by changing "Sections 3.1 and 6" wherever it appears to "Section 3.1"; and on page 2, by deleting lines 10 through 26. 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 733. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 733 AMENDMENT NO. 1. Amend House Bill 733 by replacing the title with the following: "AN ACT concerning health care providers, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Health Facilities Planning Act is amended by adding Sections 13.5, 13.9, 13.10, 13.15, 13.20, 13.25, 13.30, and 13.35 as follows: (20 ILCS 3960/13.5 new) Sec. 13.5. Health care provider cooperative agreements. The General Assembly finds that the goals of controlling health care costs and improving the quality of and access to health care services will be significantly enhanced by some cooperative arrangements involving providers or purchasers that would be prohibited by State and federal antitrust laws if undertaken without governmental involvement. Both currently and historically Illinois, other states, and the United States have determined that unrestricted marketplace competition is unlikely to produce the optimum mix of cost, access, and quality which can be achieved in health care. The purpose of Sections 13.5 through 13.35 is to create an opportunity for the State to review proposed arrangements and to substitute regulation for competition when an arrangement is likely to result in lower costs, or greater access or improved quality, than would otherwise occur in the competitive marketplace. The General Assembly intends that approval of relationships be accompanied by appropriate conditions, supervision, and regulation to protect against private abuses of economic power, and that an arrangement or relationship approved by the State Board and accompanied by appropriate conditions, supervision, and regulation shall not be subject to State or federal antitrust liability. The General Assembly finds that the market for health care services is extremely diverse in Illinois. Some parts of Illinois are national destinations for tertiary health care services and receive patients from throughout the United States and the Western Hemisphere. Other regions of Illinois have extraordinary rates of outmigration, with residents travelling hundreds of miles, often
HOUSE OF REPRESENTATIVES 677 out-of-state, for care. Providing health care close to home is medically useful to a patient's recovery, because visits of families and friends can improve a patient's psycho-social capacity to cope with disease. Providing incentives to increase quality care in areas without it is desirable. (20 ILCS 3960/13.9 new) Sec. 13.9. Regional application. (a) The provisions of this law shall apply to any region in Illinois where the following health care conditions exist: (1) in any area of at least 25 contiguous counties containing at least 20 facilities licensed under the Hospital Licensing Act; and (2) where during the calendar year preceding the effective date of this amendatory Act of the 91st General Assembly, no facility has been approved or received a permit to establish neo-natal intensive care, open-heart surgery, level-one trauma, or organ transplantation; and (3) where at least 50% of residents receiving open-heart surgery procedures at Illinois hospitals must travel at least 75 miles; and (4) where no Illinois university with a medical school has a primary medical school campus within 100 miles of the most distant point in the region. (b) For purposes of this law, health care providers shall include any institution or individual licensed by the state under: the Medical Practice Act of 1987; the Podiatric Medical Practice Act of 1987; the Nursing and Advanced Practice Nursing Act; the Illinois Optometric Practice Act of 1987; the Respiratory Care Practice Act; the Illinois Dental Practice Act; the Illinois Occupational Therapy Practice Act; the Illinois Physical Therapy Act; the Hospital Licensing Act; the Nursing Home Care Act; or the Ambulatory Surgical Treatment Center Act. (20 ILCS 3960/13.10 new) Sec. 13.10. Health care provider cooperative agreements; goals. Acting by their boards of directors or boards of trustees or as individuals, 2 or more health care providers may enter into a cooperative agreement concerning the allocation of health care equipment or health care services among those health care providers. The agreement shall not involve price-fixing or predatory pricing and shall be designed to achieve one or more of the following goals: (1) Reducing health care costs for Illinois consumers. (2) Improving access to health care services in Illinois. (3) Improving the quality of patient care in Illinois. (20 ILCS 3960/13.15 new) Sec. 13.15. Health care provider cooperative agreements; approval. (a) No cooperative agreement between health care providers implemented without first obtaining approval from the State Board as provided in this Section shall be eligible for any protection or immunity created by Section 13.30. (b) Health care providers desiring to implement a cooperative agreement authorized under Section 13.10 may apply to the State Board for approval of the agreement. Applications for approval shall be in a form prescribed by the State Board but shall contain at least the following: (1) A copy of the proposed agreement. (2) An implementation plan that states how and when the cooperative action identified in the agreement will meet one or more of the goals specified in Section 13.10. Each application shall be accompanied by a fee determined by the State Board, but in an amount sufficient to cover the cost of processing
678 JOURNAL OF THE [March 9, 1999] applications and the cost of periodic reviews of the implementation of cooperative agreements under Section 13.20. (c) The State Board shall adopt rules for the operation of this Act under the Illinois Administrative Procedure Act. The General Assembly finds that the current health care situation constitutes an emergency for purposes of the Illinois Administrative Procedure Act. Therefore, the State Board may implement the provisions of Section 13.5 through 13.30 by emergency rulemaking under the Illinois Administrative Procedure Act. (d) The rules shall require applicants to provide substantial evidence in the application demonstrating that quality cost or access improvements cannot be accomplished by the applicants without the agreement. (e) Upon receiving a staff review as provided by the rules, the State Board may approve an agreement if it finds by substantial evidence that its implementation will lead to the improvements in cost, access, or quality described in the application, that these improvements are likely to outweigh any probable negative results, and that predatory pricing will not occur. (f) The State Board may condition its approval of cooperative agreements with terms it finds necessary to protect consumers from predatory pricing or insufficient competition. (20 ILCS 3960/13.20 new) Sec. 13.20. Health care provider cooperative agreements; periodic review. The State Board shall require from the parties to a cooperative agreement periodic progress reports concerning the implementation of the agreement. (20 ILCS 3960/13.25 new) Sec. 13.25. Health care provider cooperative agreements; rescinding approval. If the State Board finds that any of the following circumstances exist, it may issue a decision rescinding its approval of a hospital cooperative agreement: (1) The parties to the agreement fail to submit periodic progress reports requested by the State Board; (2) Materially misleading information was submitted in the application; (3) The parties have failed to implement the agreement with due diligence; (4) The agreement has failed to accomplish its purposes as described in the application; or (5) The State Board has subsequently found by clear and convincing evidence that negative results substantially outweigh benefits. (20 ILCS 3960/13.30 new) Sec. 13.30. Health care provider cooperative agreements; antitrust exception. (a) Neither this subsection nor any other provision of this Act is intended to confer, and does not confer, authority to engage in agreements, tacit, implied, or express, which are not submitted to the State Board for approval if those agreements are in violation of State or federal antitrust laws. Conduct seemingly pursuant to provisions of this law done without the good faith intention to accomplish an agreement approved by the State Board is not entitled to the protections and immunities of Section 13.30. (b) It is the intent of Section 13.5 through this Section to require the State, through the State Board, to provide direction, supervision, and control over cooperative agreements approved under Section 13.15. To achieve the goals specified in Section 13.10, this State direction, supervision, and control will provide immunity from any civil or criminal liability under the Illinois Antitrust Act and State-action immunity under federal antitrust laws to (i) health care
HOUSE OF REPRESENTATIVES 679 providers, their governing board members, and their officers, agents, and employees who take authorized actions to implement a cooperative agreement approved under Section 13.15 and (ii) health care providers' governing board members who participate in discussions or negotiations concerning the allocation of health care equipment or health care services as authorized under Section 13.10. (20 ILCS 3960/13.35 new) Sec. 13.35. Health care providers' cooperative agreements; Attorney General action. Nothing in Sections 13.5 through 13.30 shall limit the authority of the Attorney General to initiate an action to enforce the civil or criminal liability provisions of the Illinois Antitrust Act if the Attorney General determines that a health care provider, the members of its governing board, or its officers, agents, or employees have exceeded the scope of the actions authorized under those Sections. Section 10. The Illinois Antitrust Act is amended by changing Section 5 as follows: (740 ILCS 10/5) (from Ch. 38, par. 60-5) Sec. 5. No provisions of this Act shall be construed to make illegal: (1) the activities of any labor organization or of individual members thereof which are directed solely to labor objectives which are legitimate under the laws of either the State of Illinois or the United States; (2) the activities of any agricultural or horticultural cooperative organization, whether incorporated or unincorporated, or of individual members thereof, which are directed solely to objectives of such cooperative organizations which are legitimate under the laws of either the State of Illinois or the United States; (3) the activities of any public utility, as defined in Section 3-105 of the Public Utilities Act to the extent that such activities are subject to a clearly articulated and affirmatively expressed State policy to replace competition with regulation, where the conduct to be exempted is actively supervised by the State itself; (4) The activities of a telecommunications carrier, as defined in Section 13-202 of the Public Utilities Act, to the extent those activities relate to the provision of noncompetitive telecommunications services under the Public Utilities Act and are subject to the jurisdiction of the Illinois Commerce Commission or to the activities of telephone mutual concerns referred to in Section 13-202 of the Public Utilities Act to the extent those activities relate to the provision and maintenance of telephone service to owners and customers; (5) the activities (including, but not limited to, the making of or participating in joint underwriting or joint reinsurance arrangement) of any insurer, insurance agent, insurance broker, independent insurance adjuster or rating organization to the extent that such activities are subject to regulation by the Director of Insurance of this State under, or are permitted or are authorized by, the Insurance Code or any other law of this State; (6) the religious and charitable activities of any not-for-profit corporation, trust or organization established exclusively for religious or charitable purposes, or for both purposes; (7) the activities of any not-for-profit corporation organized to provide telephone service on a mutual or co-operative basis or electrification on a co-operative basis, to the extent such activities relate to the marketing and distribution of telephone or electrical service to owners and customers; (8) the activities engaged in by securities dealers who are (i) licensed by the State of Illinois or (ii) members of the National
680 JOURNAL OF THE [March 9, 1999] Association of Securities Dealers or (iii) members of any National Securities Exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, in the course of their business of offering, selling, buying and selling, or otherwise trading in or underwriting securities, as agent, broker, or principal, and activities of any National Securities Exchange so registered, including the establishment of commission rates and schedules of charges; (9) the activities of any board of trade designated as a "contract market" by the Secretary of Agriculture of the United States pursuant to Section 5 of the Commodity Exchange Act, as amended; (10) the activities of any motor carrier, rail carrier, or common carrier by pipeline, as defined in the Common Carrier by Pipeline Law of the Public Utilities Act, to the extent that such activities are permitted or authorized by the Act or are subject to regulation by the Illinois Commerce Commission; (11) the activities of any state or national bank to the extent that such activities are regulated or supervised by officers of the state or federal government under the banking laws of this State or the United States; (12) the activities of any state or federal savings and loan association to the extent that such activities are regulated or supervised by officers of the state or federal government under the savings and loan laws of this State or the United States; (13) the activities of any bona fide not-for-profit association, society or board, of attorneys, practitioners of medicine, architects, engineers, land surveyors or real estate brokers licensed and regulated by an agency of the State of Illinois, in recommending schedules of suggested fees, rates or commissions for use solely as guidelines in determining charges for professional and technical services; (14) Conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless: (a) such conduct has a direct, substantial, and reasonably foreseeable effect: (i) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or (ii) on export trade or export commerce with foreign nations of a person engaged in such trade or commerce in the United States; and (b) such effect gives rise to a claim under the provisions of this Act, other than this subsection (14). (c) If this Act applies to conduct referred to in this subsection (14) only because of the provisions of paragraph (a)(ii), then this Act shall apply to such conduct only for injury to export business in the United States which affects this State; or (15) the activities of a unit of local government or school district and the activities of the employees, agents and officers of a unit of local government or school district; or (16) the activities of a health care provider and the activities of its governing board members and its officers, agents, and employees in discussing, negotiating, entering into, or implementing a cooperative agreement concerning the allocation of health care equipment or health care services resulting in one or more proposals or agreements that are approved by the Board, or if submitted to the Board might reasonably have been approved, as authorized under Sections 13.5 through 13.35 of the Illinois Health Facilities Planning Act.
HOUSE OF REPRESENTATIVES 681 (Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)". 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 1536. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 1881. 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 1881 AMENDMENT NO. 1. Amend House Bill 1881 by replacing the title with the following: "AN ACT to amend the Illinois Highway Code by changing Section 5-903."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Highway Code is amended by changing Section 5-903 as follows: (605 ILCS 5/5-903) (from Ch. 121, par. 5-903) Sec. 5-903. Definitions. As used in this Division: "Units of local government" mean counties with a population over 100,000 400,000 and all home rule municipalities. "Road improvement impact fee" means any charge or fee levied or imposed by a unit of local government as a condition to the issuance of a building permit or a certificate of occupancy in connection with a new development, when any portion of the revenues collected is intended to be used to fund any portion of the costs of road improvements. "Road improvements" mean the improvement, expansion, enlargement or construction of roads, streets, or highways under the jurisdiction of units of local government, including but not limited to bridges, rights-of-way, and traffic control improvements owned and operated by such units of local government. Road improvements may also include the improvement, expansion, enlargement or construction of roads, ramps, streets or highways under the jurisdiction of the State of Illinois, provided an agreement providing for the construction and financing of such road improvements has been reached between the State and the unit of local government and incorporated into the comprehensive road improvement plan. Road improvements shall not include tollways but may include tollway ramps. "New development" means any residential, commercial, industrial or other project which is being newly constructed, reconstructed, redeveloped, structurally altered, relocated, or enlarged, and which generates additional traffic within the service area or areas of the unit of local government. "New development" shall not include any new development for which site specific development approval has been given by a unit of local government within 18 months before the first date of publication by the unit of local government of a notice of public hearing to consider the land use assumptions relating to the development of a comprehensive road improvement plan and imposition
682 JOURNAL OF THE [March 9, 1999] of impact fees; provided, however, that a building permit for such new development is issued within 18 months after the date of publication of such notice. "Roads, streets or highways" mean any roads, streets or highways which have been designated by the unit of local government in the comprehensive road improvement plan together with all necessary appurtenances, including but not limited to bridges, rights-of-way, tollway ramps, and traffic control improvements. "Comprehensive road improvement plan" means a plan prepared by the unit of local government in consultation with the Advisory Committee. "Advisory Committee" means the group of members selected from the public and private sectors to advise in the development and implementation of the comprehensive road improvement plan, and the periodic update of the plan. "Person" means any individual, firm, partnership, association, public or private corporation, organization or business, charitable trust, or unit of local government. "Land use assumptions" means a description of the service area or areas and the roads, streets or highways incorporated therein, including projections relating to changes in land uses, densities and population growth rates which affect the level of traffic within the service area or areas over a 20 year period of time. "Service area" means one or more land areas within the boundaries of the unit of local government which has been designated by the unit of local government in the comprehensive road improvement plan. "Residential development" means a house, building, or other structure that is suitable or capable of being used for residential purposes. "Nonresidential development" means a building or other structure that is suitable or capable of being used for all purposes other than residential purposes. "Specifically and uniquely attributable" means that a new development creates the need, or an identifiable portion of the need, for additional capacity to be provided by a road improvement. Each new development paying impact fees used to fund a road improvement must receive a direct and material benefit from the road improvement constructed with the impact fees paid. The need for road improvements funded by impact fees shall be based upon generally accepted traffic engineering practices as assignable to the new development paying the fees. "Proportionate share" means the cost of road improvements that are specifically and uniquely attributable to a new development after the consideration of the following factors: the amount of additional traffic generated by the new development, any appropriate credit or offset for contribution of money, dedication of land, construction of road improvements or traffic reduction techniques, payments reasonably anticipated to be made by or as a result of a new development in the form of user fees, debt service payments, or taxes which are dedicated for road improvements and all other available sources of funding road improvements. "Level of service" means one of the categories of road service as defined by the Institute of Transportation Engineers which shall be selected by a unit of local government imposing the impact fee as the adopted level of service to serve existing development not subject to the fee and new development, provided that the level of service selected for new development shall not exceed the level of service adopted for existing development. "Site specific development approval" means an approval of a plan submitted by a developer to a unit of local government describing with reasonable certainty the type and intensity of use for a
HOUSE OF REPRESENTATIVES 683 specific parcel or parcels of property. The plan may be in the form of, but need not be limited to, any of the following: a preliminary or final planned unit development plan, subdivision plat, development plan, conditional or special use permit, or any other form of development use approval, as utilized by a unit of local government, provided that the development use approval constitutes a final exercise of discretion by the unit of local government. "Developer" means any person who undertakes new development. "Existing deficiencies" mean existing roads, streets, or highways operating at a level of service below the adopted level of service selected by the unit of local government, as defined in the comprehensive road improvement plan. "Assisted financing" means the financing of residential development by the Illinois Housing Development Authority, including loans to developers for multi-unit residential development and loans to purchasers of single family residences, including condominiums and townhomes. (Source: P.A. 90-356, eff. 8-10-97.)". 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 227. Having been recalled on February 18, 1999, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 2262. 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: AMENDMENT NO. 1 TO HOUSE BILL 2262 AMENDMENT NO. 1. Amend House Bill 2262 on page 1, line 16, after "4-204", by inserting the following: "and the owner of the vehicle has not transferred the vehicle's title to the municipality or county within 10 days of receiving notice of the vehicle's impoundment"; and on page 1, line 17, after "municipality" by inserting "or county"; and on page 1, line 27, after "municipality" by inserting "or county"; and on page 2, line 10, after "municipality" by inserting "or county"; and on page 2, line 13, after "municipality's" by inserting "or county's "; and on page 2, line 16, after "municipal" by inserting "or county"; and on page 2, line 24, after "municipality" by inserting "or county"; and on page 2, line 26, after "municipality" by inserting "or county"; and on page 2, line 31, after "municipality" by inserting "or county"; and on page 3, line 1, after "municipality" by inserting "or county"; and
684 JOURNAL OF THE [March 9, 1999] on page 3, line 5, after "municipality" by inserting "or county"; and on page 3, line 9, after "municipality's" by inserting "or county's"; and on page 3, line 12, after "municipality" by inserting "or county"; and on page 3, line 25, after "municipality" by inserting "or county". 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 1136. 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 1136 AMENDMENT NO. 1. Amend House Bill 1136 on page 2, line 23, by replacing "January" with "July". 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 2256. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2256 AMENDMENT NO. 1. Amend House Bill 2256, on page 4, lines 23 through 25, by deleting "that have not been rated therapeutically equivalent in the Orange book, but". 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 264. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection & Product Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 264 AMENDMENT NO. 1. Amend House Bill 264, on page 1, line 23, by replacing "Section 5" with "Sections 2 and 5"; and on page 1, immediately below line 23, by inserting the following: "(225 ILCS 320/2) (from Ch. 111, par. 1102) Sec. 2. When used in this Act: "Agent" means a person designated by a sponsor as responsible for supervision of an apprentice plumber and who is also an Illinois licensed plumber. "Apprentice plumber" means any licensed person who is learning and performing plumbing under the supervision of a sponsor or his agent in accordance with the provisions of this Act.
HOUSE OF REPRESENTATIVES 685 "Approved apprenticeship program" means an apprenticeship program approved by the U.S. Department of Labor's Bureau of Apprenticeship and Training and the Department under rules. "Board" means the Illinois State Board of Plumbing Examiners. "Building drain" means that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to 5 feet beyond the foundation walls where it is connected to the building sewer. "Building sewer" means that part of the horizontal piping of a drainage system that extends from the end of the building drain, receives the discharge of the building drain and conveys it to a public sewer or private sewage disposal system. "Department" means the Illinois Department of Public Health. "Director" means the Director of the Illinois Department of Public Health. "Governmental unit" means a city, village, incorporated town, county, or sanitary or water district. "Lawn sprinkler system" means any irrigation system of lawn, shrubbery and other vegetation from any potable water sources; and from any water sources, whether or not potable, in: (i) any county with a population of 3,000,000 or more; (ii) any county with a population of 275,000 or more which is contiguous in whole or in part to a county with a population of 3,000,000 or more; and (iii) any county with a population of 37,000 or more but less than 150,000 which is contiguous to 2 or more counties with respective populations in excess of 275,000. Such system includes without limitation the water supply piping, valves and sprinkler heads or other irrigation outlets. Lawn sprinkler system does not include an irrigation system used primarily for agricultural purposes. "Person" means any natural person, firm, corporation, partnership, or association. "Plumber" means any licensed person authorized to perform plumbing as defined in this Act, but does not include retired plumbers as defined in this Act. "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system 5 feet beyond the foundation walls. Plumbing does not mean or include the trade of drain-laying, the trade of drilling water wells which constitute the sources of private water supplies, and of making connections between such wells and pumping units in the water supply systems of buildings served by such private water supplies, or the business of installing water softening equipment and of maintaining and servicing the same, or the business of manufacturing or selling plumbing fixtures, appliances, equipment or hardware, or to the installation and servicing of electrical equipment sold by a not-for-profit corporation providing electrification on a cooperative basis, that either on or before
686 JOURNAL OF THE [March 9, 1999] January 1, 1971, is or has been financed in whole or in part under the federal "Rural Electrification Act of 1936" and the Acts amendatory thereof and supplementary thereto, to its members for use on farms owned by individuals or operated by individuals, nor does it mean or include minor repairs which do not require changes in the piping to or from plumbing fixtures or involve the removal, replacement, installation or re-installation of any pipe or plumbing fixtures. Plumbing does not include the installation, repair, maintenance, alteration or extension of building sewers. "Plumbing fixtures" means installed receptacles, devices or appliances that are supplied with water or that receive or discharge liquids or liquid borne wastes, with or without discharge into the drainage system with which they may be directly or indirectly connected. "Plumbing system" means the water service, water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes; building drains; including their respective connections, devices and appurtenances. Plumbing system does not include building sewers as defined in this Act. "Retired plumber" means any licensed plumber in good standing who meets the requirements of this Act and the requirements prescribed by Department rule to be licensed as a retired plumber and voluntarily surrenders his plumber's license to the Department, in exchange for a retired plumber's license. Retired plumbers cannot perform plumbing as defined in this Act, cannot sponsor or supervise apprentice plumbers, and cannot inspect plumbing under this Act. A retired plumber cannot fulfill the requirements of subsection (3) of Section 3 of this Act. "Supervision" with respect to first and second year licensed apprentice plumbers means that such apprentices must perform all designing and planning of plumbing systems and all plumbing as defined in this Act under the direct personal supervision of the sponsor or his or her agent who must also be an Illinois licensed plumber, except for maintenance and repair work on existing plumbing systems done by second year apprentice plumbers; provided that before performing any maintenance and repair work without such supervision, such apprentice has received the minimum number of hours of annual classroom instruction recommended by the United States Department of Labor's Bureau of Apprenticeship and Training for apprentice plumbers in a Bureau of Apprenticeship and Training approved plumber apprenticeship program or its equivalent. "Supervision" with respect to all other apprentice plumbers means that, except for maintenance and repair work on existing plumbing systems, any plumbing done by such apprentices must be inspected daily, after initial rough-in and after completion by the sponsor or his or her agent who is also an Illinois licensed plumber. In addition, all repair and maintenance work done by a licensed apprentice plumber on an existing plumbing system must be approved by the sponsor or his or her agent who is also an Illinois licensed plumber. "Sponsor" is an Illinois licensed plumber or an approved apprenticeship program that has accepted an individual as an Illinois licensed apprentice plumber for education and training in the field of plumbing and whose name and license number or apprenticeship program number shall appear on the individual's application for an apprentice plumber's license. "Sponsored" means that each Illinois licensed apprentice plumber has been accepted by an Illinois licensed plumber or an approved apprenticeship program for apprenticeship training. "Telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act. (Source: P.A. 89-665, eff. 8-14-96.)"; and
HOUSE OF REPRESENTATIVES 687 on page 3, by replacing lines 2 through 32 with the following: "(b.10) In addition to, and not in lieu of, the penalties and remedies provided for in this Section and Sections 19, 20, and 29 of this Act, and after notice and an opportunity for hearing as provided for in this subsection and Section 19 of this Act, the Department may issue an Order Of Correction to the telecommunications carrier furnishing service to any telephone number contained in a printed advertisement for plumbing services that is found to be in violation of the provisions of this subsection. The Order of Correction shall be limited to the telephone number contained in the unlawful advertisement. The Order of Correction shall notify the telecommunications carrier to disconnect the telephone service furnished to any telephone number contained in the unlawful advertisement and that subsequent calls to that number shall not be referred by the telecommunications carrier to any new telephone number obtained by or any existing number registered to the person. If, upon investigation, the Department has probable cause to believe that a person has placed an advertisement with a telecommunications carrier that: (i) contains a false license number, (ii) contains a license number of a person other than the person designated under subsection (a), or (iii) is placed or circulated by a person who is not properly licensed under this Act, the Department shall provide notice to the person of the Department's intent to issue an Order of Correction to the telecommunications carrier to disconnect the telephone service furnished to any telephone number contained in the unlawful advertisement, and that subsequent calls to that number shall not be referred by the telecommunications carrier to any new telephone number obtained by or any existing number registered to the person. Notice shall be provided by certified mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 20 days from the date of the mailing or service, within which time the person must request a hearing in writing. Failure to serve upon the Department a written request for hearing within the time provided in the notice shall constitute a waiver of the person's right to an administrative hearing. The hearing, findings, and conclusions shall be in accordance with the provisions contained in Section 19 of this Act and the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Admin. Code 100), which are incorporated by reference herein. Upon a finding that the person has violated the provisions of this subsection, the Department shall issue the Order of Correction to the telecommunications carrier. If the telecommunications carrier fails to comply with the Order of Correction within 20 days after the order is final, the Department shall inform the Illinois Commerce Commission of the failure to comply and the Illinois Commerce Commission shall require the telecommunications carrier furnishing services to that person to disconnect the telephone service furnished to the telephone number contained in the unlawful advertisement and direct that subsequent calls to that number shall not be referred by the telecommunications carrier to any new telephone number obtained by or any existing number registered to the person. A person may have his or her telephone services restored, after a an Order of Correction has been issued, upon a showing, to the satisfaction of the Department, that he or she is in compliance with the provisions of this Act.". 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.
688 JOURNAL OF THE [March 9, 1999] HOUSE BILL 851. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 851 AMENDMENT NO. 1. Amend House Bill 851 by replacing the title with the following: "AN ACT to amend the State Treasurer Act by adding Section 16.5."; and by replacing everything after the enacting clause with the following: "Section 5. The State Treasurer Act is amended by adding Section 16.5 as follows: (15 ILCS 505/16.5 new) Sec. 16.5. College Savings Fund. The State Treasurer may establish and administer a College Savings Fund to supplement and enhance the investment opportunities otherwise available to Illinois residents seeking to save money to pay the costs of higher education for themselves and their families. The Treasurer, in administering the College Savings Fund, may receive moneys from Illinois residents into the fund, hold the moneys in individual college savings accounts, and invest moneys within the individual college savings accounts on behalf of Illinois residents. The Treasurer may invest individual college savings accounts in the same manner, in the same types of investments, and subject to the same limitations provided for the investment of funds by the Illinois State Board of Investment. The Treasurer shall develop, publish, and implement an investment policy covering the management of the individual college savings accounts within the College Savings Fund. The policy shall be published (i) at least once each year in at least one newspaper of general circulation in both Springfield and Chicago and (ii) each year as part of the audit of the College Savings Fund by the Auditor General that shall be distributed to all participants. The Treasurer shall notify all participants in writing and shall publish in a newspaper of general circulation in both Chicago and Springfield any changes to the previously published investment policy at least 30 calendar days before implementing the policy. Any investment policy adopted by the Treasurer shall be reviewed and updated if necessary within 90 days following the date that the State Treasurer takes office. The Treasurer may adopt rules as he or she deems necessary for the efficient administration of the College Savings Fund, including specification of minimum and maximum amounts that may be deposited, minimum and maximum periods of time for which deposits may be retained in the fund, and conditions under which penalties will be assessed for refunds of earnings that are not used for qualified higher education expenses. The rules shall provide for the administration expenses of the Fund to be paid from its earnings and for the interest earnings in excess of the expenses to be credited or paid monthly to the several participants in the Fund in a manner that equitably reflects the differing amounts of their respective investments in the Fund and the differing periods of time for which the amounts were in the custody of the Fund. Upon creating a College Savings Fund, the State Treasurer shall give bond with 2 or more sufficient sureties that are payable to and for the benefit of the participants in the College Savings Fund, in the penal sum of $1,000,000, conditioned upon the faithful discharge of his or her duties in relation to the College Savings Fund. Section 99. Effective date. This Act takes effect upon becoming
HOUSE OF REPRESENTATIVES 689 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 1234. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1234 AMENDMENT NO. 1. Amend House Bill 1234 on page 1, line 20, by deleting "amendments"; and on page 4, line 6 after "and" by inserting "shall"; and on page 7, line 29, after "relief" by inserting "; however, the party seeking an injunction shall not be relieved of establishing such other standards as required by 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 534. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 534 AMENDMENT NO. 1. Amend House Bill 534 on page 3, line 4, by replacing "2003" with "2001". 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. RESOLUTIONS Having been reported out of the Committee on Executive on February 25, 1999, HOUSE JOINT RESOLUTION 2 was taken up for consideration. Representative Lawfer moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 111, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. 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).
690 JOURNAL OF THE [March 9, 1999] On motion of Representative Mathias, HOUSE BILL 536 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; 5, Nays; 3, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 923. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 923 AMENDMENT NO. 1. Amend House Bill 923 on page 6, by replacing lines 10 and 11 with the following: "Optometric Practice Act of 1987 without discriminating between service providers.". 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 758. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elections & Campaign Reform, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 758 AMENDMENT NO. 1. Amend House Bill 758 as follows: on page 8, by replacing lines 14 through 17 with the following: "(h) The number of signatures required for a candidate for judicial office in a district, circuit, or subcircuit shall be 0.25% of the number of votes cast for the judicial candidate of his or her political party who received the highest number of votes at the last regular general election at which a judicial officer from the same district, circuit, or subcircuit was regularly scheduled to be elected, but in no event shall be less than 500 signatures If for a candidate for judicial office, by at least 500 qualified primary electors of his or her judicial district, circuit, or subcircuit, as the case may be.". 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 845. 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:
HOUSE OF REPRESENTATIVES 691 AMENDMENT NO. 1 TO HOUSE BILL 845 AMENDMENT NO. 1. Amend House Bill 845 in the title by deleting "7,"; and in Section 5, in the introductory clause, by deleting "7,"; and in Section 5, by deleting Sec. 7. 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 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 Bassi, HOUSE BILL 230 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: 86, Yeas; 21, Nays; 7, 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 Leitch, HOUSE BILL 235 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: 115, 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 Durkin, HOUSE BILL 236 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 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 O'Connor, HOUSE BILL 252 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: 111, Yeas; 1, Nays; 1, 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
692 JOURNAL OF THE [March 9, 1999] concurrence. HOUSE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 710. 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 Kosel, HOUSE BILL 404 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 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. On motion of Representative Tom Johnson, HOUSE BILL 449 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 20) 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 THIRD READING CONSENT CALENDAR 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 Currie, HOUSE BILLS 541, 607 and 668 were 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: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 21) 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 THIRD READING
HOUSE OF REPRESENTATIVES 693 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 Eileen Lyons, HOUSE BILL 424 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 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Mulligan, HOUSE BILL 2645 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON SECOND READING HOUSE BILL 2644. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2644 AMENDMENT NO. 1. Amend House Bill 2644, on page 5, immediately below line 31, by inserting the following: "Section 17. The Environmental Health Practitioner Licensing Act is amended by changing Section 28 as follows: (225 ILCS 37/28) Sec. 28. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. The fees imposed under this Act are as follows and are nonrefundable: (1) The fee for application for an environmental health practitioner license is $100. (2) Applicants for examination shall pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. (3) The fee for renewal of a license is $110 per year. (4) The fee for reinstatement of a license that has expired for less than 5 years is $20, plus payment of all unpaid fees for every year that has lapsed. (5) The fee for the restoration of a license, other than from inactive status, is $10 plus payment of all lapsed renewal fees. (6) The fee for the restoration of a license that has expired for more than 5 years is $300. (7) The fee for issuance of a duplicate license, a replacement license that has been lost or destroyed, or a license with a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on Department records when no duplicate license is issued.
694 JOURNAL OF THE [March 9, 1999] (8) The fee for certification of a license for any purpose is $20. (9) The fee for a wall certificate showing the granting of a license shall be the actual cost of producing the certificate. (10) The fee for a roster of persons licensed as environmental health practitioners in this State shall be the actual cost of production of the roster. (11) The fee for a sponsor of continuing education shall be set by rule. (Source: P.A. 89-61, eff. 6-30-95.)"; and on page 5, line 33, by replacing "Section 15-5" with "Sections 15-5 and 15-65"; and on page 8, immediately below line 5, by inserting the following: "(225 ILCS 41/15-65) Sec. 15-65. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. All fees collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. The following fees shall be paid to the Department for the licensing and registration functions performed by the Department under this Code: (A) License of funeral director and embalmer trainee. (1) The fee to be paid by an applicant for a license as a funeral director and embalmer trainee is $50. (2) The fee to be paid upon the renewal of a license as a funeral director and embalmer trainee is $100. (B) License of funeral director and embalmer or funeral director. (1) The fee to be paid by an applicant for a license as a funeral director and embalmer is $100. The Department may provide for examination fees to be paid directly to a designated testing service. (2) The fee to be paid by an applicant for a license as a funeral director and embalmer licensed under the laws of another State or territory of the United States or of a foreign country or province is $200. (3) The fee to be paid upon the renewal of a license as a funeral director and embalmer is $100; and $50 for a funeral director. (4) The fee to be paid for the reinstatement of a license as a funeral director and embalmer or funeral director that has been expired for not more than 5 years is $10 plus all lapsed renewal fees. (5) The fee to be paid for the restoration of a license as a funeral director and embalmer that has been expired for more than 5 years is $260; and $130 for a funeral director. (6) The fee to place a license on inactive status is $20. (C) General fees. (1) The fee to be paid for the issuance of a duplicate license, for the issuance of a replacement license for a license which has been lost or destroyed or for the issuance of a license with a change of name or address other than during the renewal period is $10. (2) The fee to be paid for a certification of a licensee's record for any purpose is $10. (3) The fee to be paid to have the scoring of an examination administered by the Department reviewed and verified is $10.
HOUSE OF REPRESENTATIVES 695 (4) The fee to be paid by a licensee for a wall certificate showing the license shall be the actual cost of producing the certificate. (5) The fee to be paid for a roster of persons licensed as funeral directors, funeral directors and embalmers, or funeral director and embalmer trainees in this State shall be the actual cost of producing the roster. (6) The fee to be paid to the Department for a printed copy of this Code and of the rules and regulations promulgated for the administration of this Code is $1. (Source: P.A. 87-966.) Section 22. The Home Medical Equipment and Services Provider License Act is amended by changing Sections 90 and 175 as follows: (225 ILCS 51/90) Sec. 90. Mandatory inspections. The Department shall inspect a licensee for compliance with the requirements of this Act within 3 years after the date of initial licensure and at least once every 3 years thereafter, unless the licensee can demonstrate proof of renewal of accreditation with a recognized national accrediting body. The Department shall conduct random inspections upon renewal of a license, for cause or as necessary to assure the integrity and effectiveness of the licensing process. Upon failure to pass inspection, a provider's license shall be suspended or denied as applicable, pending review by the Board. The Department may authorize qualified individuals to conduct inspections. The Department shall set by rule, and pay to an inspector, a fee for each inspection. An entity that fails to pass an inspection is subject to penalties under Section 80. Upon notice of failure to pass an inspection, a provider shall have 30 days to appeal the inspection results. On appeal, a provider shall have the right to an inspection review or to a new inspection in accordance with procedures adopted by the Department. A home medical equipment and services provider licensed within 2 years after the effective date of this Act is exempt from the inspection requirements of this Section during that 2-year period. (Source: P.A. 90-532, eff. 11-14-97.) (225 ILCS 51/175) Sec. 175. Entities currently operating. Entities engaged in the business of providing home medical equipment and services at least 3 months prior to the effective date of this Act shall be issued a license valid for 2 years, upon application and payment of the required fee, without the necessity for a determination of compliance with the requirements of subsection (a) of Section 40. In order to obtain a license under this Section, an application shall be submitted to the Department within 6 months after the adoption of administrative rules. During the first year of licensure, such providers shall be subject to random inspections for compliance with applicable standards, unless such providers have a valid accreditation from a recognized national accrediting body. (Source: P.A. 90-532, eff. 11-14-97.)"; and on page 19, immediately below line 9, by inserting the following: "Section 47. The Interior Design Profession Title Act is amended by changing Section 11 as follows: (225 ILCS 310/11) (from Ch. 111, par. 8211) Sec. 11. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. All fees collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. The following fees are not
696 JOURNAL OF THE [March 9, 1999] refundable: (a) Registration fees. (1) The fee for application for a certificate of registration as an interior designer or a residential interior designer is $100. (2) The fee for a certificate of registration as an interior designer or residential interior designer for a person who is registered or licensed under the laws of another state, or territory of the United States or of a foreign country or province is $100. (3) The fee for the renewal of a certificate of registration shall be calculated at a rate of $80 per year. (4) The fee for the restoration of a certificate of registration other than from inactive status is $20 plus payment of all lapsed renewal fees. (b) General fees. (1) The fee for the issuance of a duplicate certificate of registration, for the issuance of a replacement certificate of registration, for a certificate of registration which has been lost or destroyed, or for the issuance of a certificate of registration with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate certificate of registration is issued. (2) The fee for the certification of the registrant's record for any purpose is $20. (3) The fee for rescoring an examination is the cost to the Department of rescoring the examination plus any fees charged by the applicable testing service to have the examination rescored. (4) The fee for a wall certificate showing registration shall be the actual cost of producing such certificate. (5) The fee for a roster of persons registered as interior designers or residential interior designers in this State shall be the actual cost of producing such a roster. (Source: P.A. 87-756; 88-650, eff. 9-16-94.) Section 49. The Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 is amended by changing Section 4-23 as follows: (225 ILCS 410/4-23) Sec. 4-23. Penalties for failure to receive required continuing education credits. (a) In the first 2-year cycle in which a licensee does not obtain his or her continuing education hours, the Department shall place him or her on probation. If the licensee does obtain his or her continuing education hours prior to his or her next renewal, the Department shall restore his or her license to good standing. (b) In the second consecutive 2-year cycle in which a licensee does not obtain his or her continuing education hours, he or she shall be placed or continued continue on probation, be fined, and be issued notice by the Department that license revocation will occur if he or she does not receive the continuing education hours required prior to his or her next renewal. If the licensee does obtain his or her continuing education hours prior to his or her next renewal, he or she shall remain on probation but shall not be fined pursuant to subsection (a). (c) In the third consecutive 2-year cycle in which a licensee does not obtain his or her continuing education hours, his or her license shall be revoked. The Department shall promulgate rules and regulations governing the reissuance of a license that has been revoked. These rules and regulations shall take into account that the licensee already has been licensed and received the training
HOUSE OF REPRESENTATIVES 697 necessary for such a license. (Source: P.A. 89-706, eff. 1-31-97.)"; and on page 22, immediately below line 33, by inserting the following: "Section 57. The Detection of Deception Examiners Act is amended by changing Section 26 as follows: (225 ILCS 430/26) (from Ch. 111, par. 2427) Sec. 26. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. All fees collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. The following fees shall be paid to the Department for the licensing and registration functions performed by the Department under this Act and shall be nonrefundable: (A) License as detection of deception examiner. (1) The fee for application and for a license as a detection of deception examiner is $25. (2) In addition, applicants for any examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining the applicant's eligibility and providing the examination. (3) The fee upon the renewal of a license as a detection of deception examiner shall be calculated at the rate of $90 per year. (4) The fee for the reinstatement of a license as a detection of deception examiner which has expired for not more than 5 years is $10 plus all lapsed renewal fees. (5) The fee for the restoration of a license as a detection of deception examiner which has expired for more than 5 years is $10 plus all lapsed renewal fees. (B) General Fees. (1) The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license which has been lost or destroyed or for the issuance of a certificate with a change of name or address other than during the renewal period is $10. (2) The fee for a certification of a licensee's record for any purpose is $10. (3) The fee to have the scoring of an examination administered by the Department reviewed and verified is $10 plus any fees charged by the applicable testing service. (4) The fee for a licensee for a wall certificate shall be the actual cost of producing such certificate. (5) The fee for a roster of persons licensed as detection of deception examiners and registered to study detection of deception in this State shall be the actual cost of producing such a roster. This Section in regard to fees shall not apply to any examiner in the exclusive employment of the United States of America, the State of Illinois, any County, municipality, or political subdivision in this State, any Department, Bureau or Agency of any of the foregoing, or any examiner thereof in the pursuit of his official duties. (Source: P.A. 84-1235.)". 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 BILLS ON THIRD READING
698 JOURNAL OF THE [March 9, 1999] 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 Jerry Mitchell, HOUSE BILL 518 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 23) 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. 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 4, 5, 30, 33, 34, 45, 48, 52, 55, 98, 117, 144, 145, 146, 147, 163, 169, 249, 251, 258, 377, 378 and 389. RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 123 Offered by Representative Madigan: WHEREAS, The Illinois corporate income tax is an important component of State fiscal policy; and WHEREAS, Public Act 90-613 moved Illinois from a three-factor apportionment formula to a single sales factor formula for taxable business income that is derived from Illinois and one or more other states; and WHEREAS, This change will affect State and local government revenues and corporate and personal property tax bases and rates, and may affect business investment decisions and employment growth; and WHEREAS, The legislative intent of Public Act 90-613 was to create employment and business growth by providing tax incentives to certain businesses through the use of the single sales factor; and WHEREAS, The impact of the change in creating new manufacturing jobs in Illinois remains uncertain; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the Illinois Task Force on Corporate Tax Accountability consisting of 7 members of the House of Representatives; four members shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed the Chairperson by the Speaker of the House of Representatives, and three members shall be appointed by the Minority Leader of the House of Representatives, one of whom shall be appointed the Minority Spokesperson by the Minority Leader of the House of Representatives; and be it further RESOLVED, That the Task Force shall meet at the call of the Chairperson and act in an information gathering capacity; securing expert witnesses from industry, labor, finance, economics, and government; and be it further
HOUSE OF REPRESENTATIVES 699 RESOLVED, That the Task Force shall consider, but not be limited to, the following: (i) an examination of the reasons for the enactment of the single sales factor; (ii) the overall cumulative fiscal impact of the single sales factor on State and local government revenues; (iii) Illinois' current tax competitiveness position vis-a-vis other states; (iv) the measurable effect of the single sales factor on corporate investment and employment growth; and (v) the relative impact of tax expenditures on business investment decisions; and be it further RESOLVED, That the Task Force shall provide a written report no later than January 1, 2000 to the House of Representatives by filing copies of the report with the Clerk of the House of Representatives. HOUSE RESOLUTION 124 Offered by Representative Madigan: WHEREAS, This body recognizes that State law allows units of local government to impose reasonable requirements regarding residence, health, habits, and moral character on police officers and prospective police officers; and WHEREAS, Many units of local government require police officers and prospective police officers to submit to psychological testing; and WHEREAS, There are no uniform standards in State law concerning psychological testing of police officers and prospective police officers; and WHEREAS, If a unit of local government finds that a police officer or prospective police officer is unfit for service based on the results of a psychological test, that officer or prospective officer does not have a right to appeal the unit of local government's findings; and WHEREAS, Because there are no uniform State standards concerning the use of psychological tests, a police officer or prospective police officer may be found fit for service in one jurisdiction of this State and found unfit in another jurisdiction; therefore, be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the General Assembly to consider legislation to adopt uniform standards for the psychological testing of police officers and prospective police officers by units of local government; and be it further RESOLVED, that we also urge the General Assembly to consider legislation to provide police officers and prospective police officers with a right to appeal the fitness findings of a unit of local government. HOUSE RESOLUTION 125 Offered by Representative Silva: WHEREAS, The International Latino Cultural Center will be the first of its kind in the nation; and WHEREAS, The Center will include multi-purpose theaters, banquet and exhibition space, a permanent art collection, a Pan-Latino restaurant, a retail shop that carries products from over 20 countries, offices, and an information bureau that connects Chicago with Ministries of Culture and Tourism and art institutions throughout Ibero-America; and WHEREAS, The Center will showcase and promote the arts and culture of over 600 million Latinos worldwide; and
700 JOURNAL OF THE [March 9, 1999] WHEREAS, A downtown International Latino Cultural Center will provide a prominent showcase and increase accessibility for the diverse and mulinational Latino arts and culture through film, theater, music, literature, visual arts, and more; and WHEREAS, The Center will be a vital contributor to the State's diversity, cultural resources, tourism, and economy; and WHEREAS, The Center will serve a multi-faceted and growing market which includes 7.8 million residents, 1.8 million of which are Latino downtown workers, students, and tourists; and WHEREAS, Latinos are the fastest growing population in the State and nation and are increasingly interested in and financially able to support the arts, particularly when they relate to their own culture; and WHEREAS, The Chicago Latino Cinema has developed expertise in organizational development, fundraising, marketing, promotion, and arts programming and has a sound financial record; and WHEREAS, There is a need and demand for this first of its kind in the nation International Latino Cultural Center; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge and support the creation of the International Latino Cultural Center in Chicago, and are committed to developing cultural relations between the Center's member nations and the State of Illinois, and will facilitate the realization of this important cultural institution; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Speaker of the Illinois House of Representatives, the President of the Illinois Senate, and the Governor of the State of Illinois. RECALLS By unanimous consent, on motion of Representative Howard, HOUSE BILL 1147 was recalled from the order of Third Reading to the order of Second Reading and held on that order. At the hour of 6:25 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, March 10, 1999, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
HOUSE OF REPRESENTATIVES 701 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 09, 1999 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FOWLER P LINDNER P RIGHTER P BASSI P FRANKS P LOPEZ E RONEN 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 A SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK E MORROW P STEPHENS P COWLISHAW P HOWARD P MULLIGAN P 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 P PANKAU P WIRSING P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK P DELGADO P KOSEL P PERSICO P WOOLARD P DURKIN P KRAUSE P POE P YOUNGE P ERWIN P LANG P PUGH P ZICKUS P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER P FLOWERS P LEITCH E - Denotes Excused Absence
702 JOURNAL OF THE [March 9, 1999] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 42 MEDICAID-NURSING HOME RESIDENT THIRD READING PASSED MAR 09, 1999 101 YEAS 0 NAYS 0 PRESENT A ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS A LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE A BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 A DART Y JONES,SHIRLEY Y OSMOND Y WINTERS A DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 703 NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL CD CORR-CHILD SEX OFFENDERS HOUSE BILL 32 THIRD READING PASSED MAR 09, 1999 106 YEAS 0 NAYS PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
704 JOURNAL OF THE [March 9, 1999] NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 17 SCH CD-K-5 CLASS SIZE-REDUCE THIRD READING PASSED MAR 09, 1999 104 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE A BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER A PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 705 NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 38 GOVT ETHICS-STMNTS-INTERNET THIRD READING PASSED MAR 09, 1999 105 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI A HOFFMAN A MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE A WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
706 JOURNAL OF THE [March 9, 1999] NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 76 CRIM CD-FIREARM TRACING THIRD READING PASSED MAR 09, 1999 100 YEAS 2 NAYS 4 PRESENT Y ACEVEDO P FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 P BOST A GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS A McGUIRE Y SCULLY Y BRADY P HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO P WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 707 NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 129 CIV PRO-NAME CHANGE-WITNESSES THIRD READING PASSED MAR 09, 1999 95 YEAS 9 NAYS 4 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER Y BIGGINS A GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG N McKEON P SHARP Y BROSNAHAN N HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW P HOWARD Y MULLIGAN A STROGER Y CROSS Y HULTGREN N MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART P 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 Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG N PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER P FLOWERS Y LEITCH E - Denotes Excused Absence
708 JOURNAL OF THE [March 9, 1999] NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 329 CRIM CD-SEXUAL OFFENSE-MINORS THIRD READING PASSED MAR 09, 1999 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 709 NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 731 SEX OFFENDER-PUBLISH PHOTO THIRD READING PASSED MAR 09, 1999 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
710 JOURNAL OF THE [March 9, 1999] NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 448 CRIM CD-AGGRAVATED BATTERY THIRD READING PASSED MAR 09, 1999 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT A 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 A HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN A 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE A ERWIN Y LANG Y PUGH Y ZICKUS A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 711 NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1509 PROCURECD-CONTRCT-PRIVTE UNVTY THIRD READING PASSED MAR 09, 1999 76 YEAS 35 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK E MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN A STROGER N CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD A DURKIN Y KRAUSE N POE Y YOUNGE A ERWIN Y LANG Y PUGH N ZICKUS A FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
712 JOURNAL OF THE [March 9, 1999] NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 567 SCH CD-COMPULSORY SCHOOL AGE THIRD READING PASSED MAR 09, 1999 95 YEAS 16 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN A STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N 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 N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER N PARKE A WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD N DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS A FEIGENHOLTZ Y LAWFER A REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 713 NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE JOINT RESOLUTION 2 SOS-STATUES-R REAGAN-U S GRANT ADOPTED MAR 09, 1999 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 A DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG A PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER A FLOWERS Y LEITCH E - Denotes Excused Absence
714 JOURNAL OF THE [March 9, 1999] NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 536 VEH CD-PARKED VEH-EXPIRED REG THIRD READING PASSED MAR 09, 1999 103 YEAS 5 NAYS 3 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN N 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 N 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 N HARRIS Y MEYER A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW P STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN N STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY P JOHNSON,TIM Y MYERS Y TURNER,ART A CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY P 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK A DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE A YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS N FEIGENHOLTZ Y LAWFER Y REITZ A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 715 NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 230 SCH CD-CHARTER SCH PROP-BD ED THIRD READING PASSED MAR 09, 1999 86 YEAS 21 NAYS 7 PRESENT P ACEVEDO N FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 N GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG N BOST A GRANBERG N McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY N HANNIG N McKEON Y SHARP N BROSNAHAN N HARRIS Y MEYER A SILVA N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI N HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN P STROGER Y CROSS Y HULTGREN P 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 P JONES,LOU Y O'CONNOR Y WINKEL N DART P JONES,SHIRLEY Y OSMOND N WINTERS N DAVIS,MONIQUE P KENNER Y PANKAU Y WIRSING N DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO N WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN N LANG N PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER N FLOWERS Y LEITCH E - Denotes Excused Absence
716 JOURNAL OF THE [March 9, 1999] NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 235 VEH CD-CHARITABLE VEHICLE THIRD READING PASSED MAR 09, 1999 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 717 NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 236 CIVIL ADMIN CD-RENUMBERING CD THIRD READING PASSED MAR 09, 1999 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART A 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
718 JOURNAL OF THE [March 9, 1999] NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 252 CRIM CD-NITROUS OXIDE THIRD READING PASSED MAR 09, 1999 111 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN N 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE A YOUNGE Y ERWIN Y LANG A PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 719 NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 404 POWER OF ATTY-ANATOMICAL GIFT THIRD READING PASSED MAR 09, 1999 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
720 JOURNAL OF THE [March 9, 1999] NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 449 VEH CD-LASER DETECTION DEVICES THIRD READING PASSED MAR 09, 1999 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS A 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 721 NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILLS 541, 607 AND 668 CONSENT CALENDAR THIRD READING PASSED MAR 09, 1999 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
722 JOURNAL OF THE [March 9, 1999] NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 424 GANG CRIME WITNESS-RE-ENACT THIRD READING PASSED MAR 09, 1999 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER A PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 723 NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 518 FISH AQUATIC CD-ICE FISHING THIRD READING PASSED MAR 09, 1999 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN 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 A SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK E MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y 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 A JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE A YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence

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