812 JOURNAL OF THE [March 11, 1999] HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 25TH LEGISLATIVE DAY THURSDAY, MARCH 11, 1999 10:00 0'CLOCK A.M. The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Sharp 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: 117 present. (ROLL CALL 1) By unanimous consent, Representative Ronen was excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: 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 replaced Representative Bellock in the Committee on Appropriations - Human Services on March 9, 1999. Representative Poe replaced Representative Bassi in the Committee on Appropriations - Public Safety on March 10, 1999. Representative Tenhouse replaced Representative John Jones in the Committee on Elementary & Secondary Education on March 10, 1999. Representative Beaubien replaced Representative Lindner in the Committee on Appropriations - General Services & Government Oversight on March 10, 1999. Representative Cross will replace Representative Ryder in the Committee on Rules, for today only. Representative Tenhouse will replace Representative Cowlishaw in
HOUSE OF REPRESENTATIVES 813 the Committee on Public Utilities, for today only. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 1 and 2 to HOUSE BILL 3. Amendment No. 1 to HOUSE BILL 39. Amendment No. 1 to HOUSE BILL 130. Amendment No. 1 to HOUSE BILL 227. Amendment No. 1 to HOUSE BILL 458. Amendment No. 1 to HOUSE BILL 497. Amendment No. 1 to HOUSE BILL 504. Amendment No. 1 to HOUSE BILL 555. Amendment No. 3 to HOUSE BILL 596. Amendment No. 1 to HOUSE BILL 710. Amendment No. 3 to HOUSE BILL 928. Amendments numbered 6 and 7 to HOUSE BILL 999. Amendment No. 1 to HOUSE BILL 1365. Amendment No. 1 to HOUSE BILL 1536. Amendment No. 1 to HOUSE BILL 2130. Amendment No. 1 to HOUSE BILL 2266. COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture & Conservation: House Amendment 2 to HOUSE BILL 242. Committee on Appropriations-General Services & Government Oversight: HOUSE BILL 2506. Committee on Elementary & Secondary Education: House Amendment 2 to HOUSE BILL 131; HOUSE JOINT RESOLUTION 11. Committee on Environment & Energy: House Amendment 1 to HOUSE BILL 909 and House Amendment 1 to HOUSE BILL 2631. Committee on Judiciary II-Criminal Law: HOUSE RESOLUTION 124. Committee on Labor & Commerce: House Amendment 1 to HOUSE BILL 2041. Committee on Public Utilities: House Amendment 1 to HOUSE BILL 287. Committee on Revenue: HOUSE RESOLUTION 123. Committee on State Government Administration: HOUSE RESOLUTION 125. Committee on Urban Revitalization: Amendment No. 1 to HOUSE BILL 1877. SUBCOMMITTEE ASSIGNMENTS Representative Burke, Chairperson from the Committee on Executive, appointed the following members: Subcommittee on Mobile Home Parks: Representative Capparelli, Chairperson; Representatives Bugielski, Lopez and Lou Jones: Subcommittee on Reproductive Rights: Representative Fritchey,
814 JOURNAL OF THE [March 11, 1999] Chairperson; Representatives Acevedo, Bradley and Lou Jones: Subcommittee on Nursing Homes and Health Care: Representative Lopez, Chairperson; Representatives Bradley, Acevedo and Bugielski: REQUEST FOR FISCAL NOTES Representative Monique Davis requested that Fiscal Notes be supplied for HOUSE BILLS 819 and 901. Representative Schoenberg requested that a Fiscal Note be supplied for HOUSE BILL 2356. Representative Black requested that a Fiscal Note be supplied for HOUSE BILL 1877, as amended. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 2, 3, as amended, 144, 192, 437, 462, as amended, 521, 523, 592, 605, 630, as amended, 722, as amended, 741, 741, as amended, 747, as amended, 892, 897, 901, 999, 1058, as amended, 1164, 1176, 1208, 1242, 1438, 1457, 1543, 1730, 1833, 1913, 1940, 1954, 1956, 1959, 2029, as amended, 2031, as amended, 2036, 2108, 2203, 2258, 2266, 2266, as amended, 2350, 2353, 2628, 2666, 2726, 2727, 2756 and 2831. FISCAL NOTE WITHDRAWN Representative Monique Davis withdrew her request for Fiscal Notes on HOUSE BILLS 807, 819, 2026 and 2775. Representative Black withdrew his request for Fiscal Notes on HOUSE BILLS 1399, 1435 and 2589. Representative Mautino withdrew his request for a Fiscal Note on HOUSE BILL 153. Representative Poe withdrew his request for a Fiscal Note on HOUSE BILL 603. REQUEST FOR STATE MANDATES NOTES Representative Monique Davis requested that State Mandates Notes be supplied for HOUSE BILLS 819 and 901. STATE MANDATE ACT NOTES SUPPLIED State Mandate Act Notes have been supplied for HOUSE BILLS 192, 423, as amended, 621, 626, as amended, 722, as amended, 723, 754, as amended, 892, 1208, 1233, 1371, 1457, 1723, as amended, 1730, 1795, 1799, 1801, 1842, 1954, 1981, 2002, 2031, 2086, 2101, 2146, 2163, 2167, 2201, 2253, 2266, as amended, 2269, 2628, and 2756. STATE MANDATES NOTES WITHDRAWN
HOUSE OF REPRESENTATIVES 815 Representative Monique Davis withdrew her request for State Mandates Notes on HOUSE BILLS 807 808, and 819. Representative Poe withdrew his request for State Mandates Notes on HOUSE BILLS 603 and 2101. Representative Mautino withdrew his request for a State Mandates Note on HOUSE BILL 153. Representative Black withdrew his request for State Mandate Notes on HOUSE BILLS 1399 and 2589. Representative Durkin withdrew his request for a State Mandates Note on HOUSE BILL 742. REQUEST FOR HOME RULE NOTES Representative Monique Davis requested that Home Rule Notes be supplied for HOUSE BILLS 819 and 901. Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 1877, as amended. HOME RULE IMPACT NOTES SUPPLIED Home Rule Impact Notes have been supplied for HOUSE BILLS 423, as amended, 621, 626, as amended, 710, 722, as amended, 754, as amended, 1842, 1954 and 2086. HOME RULE NOTE WITHDRAWN Representative Monique Davis withdrew her request for Home Rule Notes on HOUSE BILLS 807, 819, 2026 and 2775. REQUEST FOR JUDICIAL NOTES Representative Monique Davis requested that Judicial Notes be supplied for HOUSE BILLS 819 and 901. JUDICIAL NOTES SUPPLIED Judicial Notes have been supplied for HOUSE BILLS 152, as amended, 192, 423, 423, as amended, 427, 427, as amended, 498, as amended, 620, 722, as amended, 741, 741, as amended, 753, as amended, 754, 754, as amended, 778, 778, as amended, 1088, 1088, as amended, 1112, 1112, as amended, 1674, as amended, 1718, as amended, 1747, as amended, 1771, 1781, 1791, 1795, 1799, 1800, 1863, as amended, 2002, 2035, as amended, 2036, 2201, 2269, 2375, 2377, 2376, 2704 and 2704, as amended. JUDICIAL NOTE WITHDRAWN Representative Monique Davis withdrew her request for Judicial Notes on HOUSE BILLS 808, 819, 2026 and 2775.
816 JOURNAL OF THE [March 11, 1999] Representative Poe withdrew his request for a Judicial Note on HOUSE BILL 603. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Poe requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 754. CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED A Correctional Budget and Impact Note has been supplied for HOUSE BILL 242, as amended. CORRECTIONAL BUDGET & IMPACT NOTE WITHDRAWN Representative Monique Davis withdrew her request for a Correctional Budget & Impact Note on HOUSE BILL 807. REQUEST FOR STATE DEBT IMPACT NOTE Representative Poe requested that a State Debt Impact Note be supplied for HOUSE BILL 754. STATE DEBT IMPACT NOTES SUPPLIED State Debt Impact Notes have been supplied for HOUSE BILLS 144, 144, as amended and 2029, as amended. STATE DEBT IMPACT NOTES WITHDRAWN Representative Monique Davis withdrew her request for State Debt Impact Notes on HOUSE BILLS 807 and 808. REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Poe requested that a Land Conveyance Appraisal Note be supplied for HOUSE BILL 754. REQUEST FOR BALANCED BUDGET NOTE Representative Schoenberg requested that a Balanced Budget Note be supplied for HOUSE BILL 2356. Representative Black requested that a Balanced Budget Note be supplied for HOUSE BILL 1877, as amended. BALANCED BUDGET NOTE WITHDRAWN Representative Monique Davis withdrew her request for a Balanced Budget Note on HOUSE BILL 2026. Representative Poe withdrew his request for a Balanced Budget
HOUSE OF REPRESENTATIVES 817 Note on HOUSE BILL 603. HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED Housing Affordability Impact Notes have been supplied for HOUSE BILLS 710 and 754. HOUSING AFFORDABILITY IMPACT NOTE WITHDRAWN Representative Poe withdrew his request for a Housing Affordability Impact Note on HOUSE BILL 2101. BALANCED BUDGET NOTES SUPPLIED Balanced Budget Notes have been supplied for HOUSE BILLS 144, 427, 427, as amended, 620, 741, 741, as amended, 754, 754, as amended, 778, 778, as amended, 1718, 1718, as amended, 1795, 2023, and 2023, as amended. REPORTS FROM STANDING COMMITTEES Representative Smith, Chairperson, from the Committee on Agriculture & Conservation to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 242. The committee roll call vote on Floor Amendment 2 to House Bill 242 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Smith, Michael, Chair Y Lawfer A Bost Y Mitchell, Bill Y Fowler Y Myers, Richard Y Franks A O'Brien Y Hannig Y Poe Y Hartke Y Reitz, Vice-Chair Y Johnson, Tim A Slone Y Jones, John A Turner, John A Woolard, Spkpn Representative Monique Davis, Chairperson, from the Committee on Appropriations-Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5, 1534, 2427, 2429, 2433, 2435, 2437, 2443 and 2508. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 1450 and 2447. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2426, 2428 and 2509. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 1448, 2430, 2431, 2439, 2441 and 2445.
818 JOURNAL OF THE [March 11, 1999] The committee roll call vote on HOUSE BILLS 1534, 2427, 2429, 2433, 2435, 2437 and 2443 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon Y Feigenholtz Y Mulligan, Spkpn Y Hamos Y Reitz Y Hultgren (Stephens) Y Ronen (Hannig) A Saviano The committee roll call vote on HOUSE BILLS 5, 2426, 2428, 2508 and 2509. is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon Y Feigenholtz Y Mulligan, Spkpn Y Hamos Y Reitz Y Hultgren (Stephens) Y Ronen (Hannig) A Saviano The committee roll call vote on HOUSE BILLS 1448, 1450, 2430, 2431, 2439, 2441, 2445 and 2447. is as follows: 6, Yeas; 4, Nays; 0, Answering Present. Y Davis, Monique, Chair N Leitch N Bellock Y McKeon Y Feigenholtz N Mulligan, Spkpn Y Hamos Y Reitz N Hultgren (Stephens) Y Ronen (Hannig) A Saviano Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 909. Amendment No. 1 to HOUSE BILL 2631. Representative Woolard, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 131. The committee roll call vote on Amendment No. 2 to House Bill 131 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom Y Bassi Y Jones, John Y Cowlishaw, Spkpn A Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie Y Moffitt Y Davis, Monique, Vice-Chair A Mulligan A Delgado Y Murphy A Fowler Y O'Brien Y Garrett Y Persico
HOUSE OF REPRESENTATIVES 819 A Giles Y Scully Y Hoeft A Smith, Michael Y Winkel Representative Stroger, Chairperson, from the Committee on Labor & Commerce to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 2041. The committee roll call vote on Amendment No. 1 to House Bill 2041 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Stroger, Chair A Johnson, Tom Y Brady Y Jones, Shirley Y Dart Y McKeon, Vice-Chair Y Davis, Monique Y Moore, Andrea Y Harris Y Osmond A Hoeft Y Parke, Spkpn Y Howard Y Sharp A Hultgren Y Slone Y Winters Representative Shirley Jones, Chairperson, from the Committee on Public Utilities to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 287. The committee roll call vote on Amendment No. 1 to House Bill 287 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Jones, Shirley, Chair A Jones, Lou Y Bost, Spkpn Y Krause Y Cowlishaw (Tenhouse) Y Leitch A Davis, Monique Y Moore, Andrea Y Davis, Steve Y Morrow, Vice-Chair Y Murphy Representative Scott, Chairperson, from the Committee on Urban Revitalization to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1877. The committee roll call vote on Amendment No. 1 to House Bill 1877 is as follows: 10, Yeas; 3, Nays; 2, Answering Present. Y Scott, Chair N McCarthy, Vice-Chair Y Bassi Y McKeon Y Dart P O'Connor Y Garrett N Parke Y Harris Y Slone P Mathias, Spkpn Y Winters Y McAuliffe Y Younge N Zickus
820 JOURNAL OF THE [March 11, 1999] CHANGE OF SPONSORSHIP Representative McCarthy 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 1207. 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. 242 A bill for AN ACT to amend the Condominium Property Act by changing Sections 18.2 and 18.5. SENATE BILL NO. 248 A bill for AN ACT concerning breast and cervical cancer. SENATE BILL NO. 252 A bill for AN ACT to amend certain Acts in relation to workplace injuries and diseases. SENATE BILL NO. 254 A bill for AN ACT to amend the Condominium Property Act by changing Section 18.4. SENATE BILL NO. 288 A bill for AN ACT to amend the Illinois Dental Practice Act by changing Sections 23 and 25. SENATE BILL NO. 289 A bill for AN ACT to amend the Probate Act of 1975 by changing Section 11a-17. SENATE BILL NO. 290 A bill for AN ACT to amend the Unemployment Insurance Act by changing Sections 235 and 401. SENATE BILL NO. 294 A bill for AN ACT to amend the Illinois Procurement Code by changing Section 1-10. SENATE BILL NO. 315 A bill for AN ACT to amend the Counties Code by changing Section 3-3013. SENATE BILL NO. 351 A bill for AN ACT to amend the Intergovernmental Cooperation Act by changing Section 3. SENATE BILL NO. 354 A bill for AN ACT to amend the Motor Fuel Tax Law by changing Sections 1.2 and 1.14. SENATE BILL NO. 392
HOUSE OF REPRESENTATIVES 821 A bill for AN ACT relating to charitable organizations and activities, amending named Acts. SENATE BILL NO. 393 A bill for AN ACT to amend the Illinois Controlled Substances Act by changing Section 407. SENATE BILL NO. 396 A bill for AN ACT to amend the Sex Offender Management Board Act by changing Section 15. SENATE BILL NO. 398 A bill for AN ACT to amend the Unified Code of Corrections by changing Section 5-8-4. SENATE BILL NO. 401 A bill for AN ACT concerning objections to a court's jurisdiction over the person, amending named Acts. SENATE BILL NO. 404 A bill for AN ACT to amend the Criminal Code of 1961 by changing Sections 11-9 and 26-1. Passed by the Senate, March 11, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 242, 248, 252, 254, 288, 289, 290, 294, 315, 351, 354, 392, 393, 396, 398, 401 and 404 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 405 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 12-12. SENATE BILL NO. 415 A bill for AN ACT to amend the Unemployment Insurance Act by adding Section 232.2. SENATE BILL NO. 441 A bill for AN ACT to amend the Public Community College Act by changing Section 3B-3. SENATE BILL NO. 447 A bill for AN ACT to amend the Illinois Banking Act by changing Section 48.3. SENATE BILL NO. 448 A bill for AN ACT to amend the Historic Preservation Agency Act by changing Section 16. SENATE BILL NO. 451 A bill for AN ACT to amend the Property Tax Code by changing Section 18-250.
822 JOURNAL OF THE [March 11, 1999] SENATE BILL NO. 452 A bill for AN ACT to amend the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 by changing Section 80. SENATE BILL NO. 459 A bill for AN ACT to amend the Code of Civil Procedure by changing Section 2-604. SENATE BILL NO. 461 A bill for AN ACT to amend the Illinois Savings and Loan Act of 1985 by changing Section 4-6. SENATE BILL NO. 466 A bill for AN ACT to amend the Civil Administrative Code of Illinois by adding Section 55.91. SENATE BILL NO. 474 A bill for AN ACT concerning the sale of hunting and fishing licenses. SENATE BILL NO. 485 A bill for AN ACT to amend the County Jail Good Behavior Allowance Act by changing Section 3. SENATE BILL NO. 504 A bill for AN ACT to amend the Unified Code of Corrections by changing Section 5-5-3.2. SENATE BILL NO. 536 A bill for AN ACT in relation to the establishment of a county university center. SENATE BILL NO. 542 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 12-18. Passed by the Senate, March 11, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 405, 415, 441, 447, 448, 451, 452, 459, 461, 466, 474, 485, 504, 536 and 542 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 537 A bill for AN ACT to amend the Counties Code by changing Section 1-2002. SENATE BILL NO. 549 A bill for AN ACT to amend the School Code by changing Section 34-74. SENATE BILL NO. 565 A bill for AN ACT to amend the Limited Liability Company Act by
HOUSE OF REPRESENTATIVES 823 changing Sections 1-20, 1-35, 35-25, 35-70, 45-35, 50-1, and 50-15 and repealing Section 50-30. SENATE BILL NO. 570 A bill for AN ACT to amend the Counties Code by changing Sections 4-2001, 4-2003, and 4-3001. SENATE BILL NO. 572 A bill for AN ACT in relation to laser pointers. SENATE BILL NO. 643 A bill for AN ACT to amend the Unified Code of Corrections by changing Sections 5-5-6 and 5-6-2. SENATE BILL NO. 659 A bill for AN ACT regarding telecommunications taxes, amending named Acts. SENATE BILL NO. 665 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 203. SENATE BILL NO. 678 A bill for AN ACT to amend the Grain Code by changing Sections 1-10, 1-15, 5-30, 10-10, 10-15, 10-25, 25-10, 25-20, and 30-5. SENATE BILL NO. 725 A bill for AN Act concerning aquaculture. SENATE BILL NO. 730 A bill for AN ACT to amend the Juvenile Court Act of 1987 by changing Section 2-18. SENATE BILL NO. 731 A bill for AN ACT to amend the Criminal Code of 1961 by adding Section 17B-0.05 and re-enacting the heading of Article 17B and Sections 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25, and 17B-30. SENATE BILL NO. 740 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 11-501. SENATE BILL NO. 741 A bill for AN ACT to amend the Illinois Vehicle Code by changing Sections 11-1425, 18c-7502, and 18c-7503. SENATE BILL NO. 746 A bill for AN ACT to revise the law by combining multiple enactments and making technical corrections. SENATE BILL NO. 751 A bill for AN ACT to amend the Fence Act. SENATE BILL NO. 762 A bill for AN ACT to amend the Health Care Arbitration Act by changing Section 9. Passed by the Senate, March 11, 1999. Jim Harry, Secretary of the Senate
824 JOURNAL OF THE [March 11, 1999] The foregoing SENATE BILLS 537, 549, 565, 570, 572, 643, 659, 665, 678, 725, 730, 731, 740, 741, 746, 751 and 762 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 770 A bill for AN ACT regarding forestry development and assistance. SENATE BILL NO. 804 A bill for AN ACT to amend the Illinois Municipal Code by changing Section 10-4-2. SENATE BILL NO. 879 A bill for AN ACT to amend the Unemployment Insurance Act by changing Sections 1506.1 and 1506.3. SENATE BILL NO. 932 A bill for AN ACT to amend the Bond Issue Notification Act by changing Sections 10, 15, and 30. Passed by the Senate, March 11, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 770, 804, 879 and 932 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 23 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the Senate adjourns on Thursday, March 11, 1999, it stands adjourned until Tuesday, March 16, 1999, at 12:00 o'clock noon; and when the House of Representatives adjourns on Friday, March 12, 1999, it stands adjourned until Tuesday, March 16, 1999, at 1:00 o'clock p.m. Adopted by the Senate, March 11, 1999. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 23 was placed on the Calendar on the order of Resolutions. HOUSE BILLS ON SECOND READING
HOUSE OF REPRESENTATIVES 825 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 70, 111, 814, 1137, 1516, 1746, 2101 and 2243. 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 Brosnahan, HOUSE BILL 1079 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; 4, Nays; 1, 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 Fowler, HOUSE BILL 1900 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 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. On motion of Representative Scully, HOUSE BILL 2836 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: 73, Yeas; 40, Nays; 4, 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 Franks, HOUSE BILL 2698 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; 3, Nays; 1, 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. On motion of Representative Hartke, HOUSE BILL 1681 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: 117, Yeas; 0, Nays; 0, Answering Present.
826 JOURNAL OF THE [March 11, 1999] (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 McCarthy, HOUSE BILL 1622 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; 8, 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. On motion of Representative Tim Johnson, HOUSE BILL 154 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; 4, 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. On motion of Representative Sharp, HOUSE BILL 157 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; 2, 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 Bugielski, HOUSE BILL 1915 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: 64, Yeas; 48, Nays; 4, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Moffitt, HOUSE BILL 1805 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Delgado, HOUSE BILL 1878 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Kenner, HOUSE
HOUSE OF REPRESENTATIVES 827 BILL 2042 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Brady, HOUSE BILL 1687 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Bradley, HOUSE BILL 2262 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Lang, HOUSE BILL 279 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Howard, HOUSE BILL 1648 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; 1, 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 Lopez, HOUSE BILL 1823 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: 102, Yeas; 13, Nays; 1, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative McGuire, HOUSE BILL 1833 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; 8, Nays; 2, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative O'Brien, HOUSE BILL 2256 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: 107, Yeas; 8, Nays; 1, Answering Present.
828 JOURNAL OF THE [March 11, 1999] (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 287. Having been printed, was taken up and read by title a second time. Representative Tenhouse offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 287 AMENDMENT NO. 1. Amend House Bill 287 by replacing the title with the following: "AN ACT to amend the Public Utilities Act by adding Section 13-301.5."; and by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by adding Section 13-301.5 as follows: (220 ILCS 5/13-301.5 new) Sec. 13-301.5. Affordable Rural Telecommunications Service Program Design Group. (a) The Affordable Rural Telecommunications Service Program Design Group is established to advise the General Assembly and to investigate the necessity and feasibility of creating a fund from which telecommunications carriers offering or providing local exchange telecommunications service may receive compensation to mitigate the price impact on customers resulting from the high or rising cost of providing that service. The Program Design Group shall report its findings and recommendations to the General Assembly by January 1, 2001. (b) The Governor shall appoint the chairperson and 6 additional members of the Affordable Rural Telecommunications Service Program Design Group. The members appointed by the Governor shall include a representative of the Illinois Commerce Commission and representatives of telecommunications carriers. (c) The Program Design Group shall gather pertinent economic information and formulate recommendations consistent with the policies established in subsection (a) of Section 13-102 and subsection (a) of Section 13-103. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 710. Having been read by title a second time on March 9, 1999, and held on the order of Second Reading, the same was again taken up. Representative Lang offered the following amendment and moved its adoption:
HOUSE OF REPRESENTATIVES 829 AMENDMENT NO. 1 TO HOUSE BILL 710 AMENDMENT NO. 1. Amend House Bill 710 on page 1, line 17, after "made", by inserting ", excluding annual State contributions to the Teachers' Retirement System of the State of Illinois, the Public School Teachers' Pension and Retirement Fund of Chicago, and the State Universities Retirement System". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 131. Having been recalled on February 24, 1999, and held on the order of Second Reading, the same was again taken up. Representative Black offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 131 AMENDMENT NO. 2. Amend House Bill 131 as follows: on page 3, line 13, by replacing "consolidating" with "reorganizing"; and on page 3, line 28, after "10", by inserting "and shall be set by the agreement entered into by the participating districts"; and on page 5, by replacing lines 16 through 26 with the following: "(g) Upon formation of the cooperative high school, the school board of each participating district shall: (1) confer and coordinate with each other and the governing board, if the governing board is then in existence, as to staffing needs for the cooperative high school; (2) in consultation with any exclusive employee representatives and the governing board, if the governing board is then in existence, establish a combined list of teachers in all participating districts, categorized by positions, showing the length of service and the contractual continued service status, if any, of each teacher in each participating district who is qualified to hold any such positions at the cooperative high school, and then distribute this list to the exclusive employee representatives on or before February 1 of the school year prior to the commencement of the operation of the cooperative high school or within 30 days after the date of the referendum election if the proposition receives a majority of those voting in each district, whichever occurs first. This list is in addition to and not a substitute for the list mandated by Section 24-12 of this Code; and (3) transfer to the governing board of the cooperative high school the employment and the position of so many of the full-time or part-time high school teachers employed by a participating district as are jointly determined by the school boards of the participating districts and the governing board, if the governing board is then in existence, to be needed at the cooperative high school, provided that these teacher transfers shall be done: (A) by categories listed on the seniority list mentioned in subdivision (2) of this subsection (g); (B) in each category, by having teachers in contractual continued service being transferred before any
830 JOURNAL OF THE [March 11, 1999] teachers who are not in contractual continued service; and (C) in order from greatest seniority first through lesser amounts of seniority. A teacher who is not in contractual continued service shall not be transferred if there is a teacher in contractual continued service in the same category who is qualified to hold the position that is to be filled. If there are more teachers who have entered upon contractual continued service than there are available positions at the cooperative high school or within other assignments in the district, a school board shall first remove or dismiss all teachers who have not entered upon contractual continued service before removing or dismissing any teacher who has entered upon contractual continued service and who is legally qualified (i) to hold a position at the cooperative high school planned to be held by a teacher who has not entered upon contractual continued service or (ii) to hold another position in the participating district. As between teachers who have entered upon contractual continued service, the teacher or teachers with the shorter length of continuing service in any of the participating districts shall be dismissed first. Any teacher dismissed as a result of such a decrease shall be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the school board that has dismissed a teacher or the governing board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available shall be tendered to the teachers so removed or dismissed so far as they are legally qualified to hold such positions. However, if the number of honorable dismissal notices in all participating districts exceeds 15% of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year in all participating districts and if the school board that has dismissed a teacher or the governing board has any vacancies for the following school term or within 2 calendar years from the beginning of the following school term, the positions so becoming available shall be tendered to the teachers who were so notified, removed, or dismissed whenever these teachers are legally qualified to hold such positions."; and on page 5, line 27, by deleting "having contractual continued service"; and on page 6, by replacing line 1 with the following: "from which the position and the teacher's employment were transferred. The time spent in employment with a participating district by any teacher who has not yet entered upon contractual continued service and who is transferred to the governing board is not lost when computing the time necessary for the teacher to enter upon contractual continued service, and the governing board is subject to this Code with respect to the teacher in the same manner as if the teacher had been the governing board's employee during the time the teacher was actually employed by the school board from which the position and the teacher's employment were transferred."; and on page 6, line 5, after "apply.", by inserting "In that case, a district is subject to this Code in the same manner as if the teacher transferred back had been continuously in the service of the receiving district."; and on page 6, immediately below line 14, by inserting the following: "(h) Upon formation of the cooperative high school, the school board of each participating district shall: (1) confer and coordinate with each other and the governing board, if the governing board is then in existence, as to needs
HOUSE OF REPRESENTATIVES 831 for educational support personnel for the cooperative high school; (2) in consultation with any exclusive employee representative or bargaining agent and the governing board, if the governing board is then in existence, establish a combined list of educational support personnel in participating districts, categorized by positions, showing the length of continuing service of each full-time educational support personnel employee who is qualified to hold any such position at the cooperative high school, and then distribute this list to the exclusive employee representative or bargaining agent on or before February 1 of the school year prior to the commencement of the operation of the cooperative high school or within 30 days after the date of the referendum election if the proposition receives a majority of those voting in each district, whichever occurs first; and (3) transfer to the governing board of the cooperative high school the employment and the positions of so many of the full-time educational support personnel employees employed by a participating district as are jointly determined by the school boards of the participating districts and the governing board, if the governing board is then in existence, to be needed at the cooperative high school, provided that the full-time educational personnel employee transfers shall be done by categories on the seniority list mentioned in subdivision (2) of this subsection (h) and done in order from greatest seniority first through lesser amounts of seniority. If there are more full-time educational support personnel employees than there are available positions at the cooperative high school or in the participating district, a school board shall first remove or dismiss those educational support personnel employees with the shorter length of continuing service in any of the participating districts, within the respective category of position. The governing board is subject to this Code with respect to the educational support personnel employee as if the educational support personnel employee had been the governing board's employee during the time the educational support personnel employee was actually employed by the school board of the district from which the employment and position were transferred. Any educational support personnel employee dismissed as a result of such a decrease shall be paid all earned compensation on or before the third business day following his or her last day of employment. If the school board that has dismissed the educational support personnel employee or the governing board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the employees so removed or dismissed from that category of position so far as they are legally qualified to hold such positions. If the cooperative high school is dissolved, any educational support personnel employee who was transferred from a participating district shall be transferred back to the district and Section 10-23.5 of this Code shall apply. In that case, a district is subject to this Code in the same manner as if the educational support personnel employee transferred back had been continuously in the service of the receiving district.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading.
832 JOURNAL OF THE [March 11, 1999] HOUSE BILL 130. Having been recalled on February 19, 1999, and held on the order of Second Reading, the same was again taken up. Representative Black offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 130 AMENDMENT NO. 1. Amend House Bill 130, on page 1, line 18 , after "or", by inserting the following: ", if authorized by the school board and supervised by the school district,; and on page 1, line 26, after the period, by inserting the following: "A school board that authorizes a second division vehicle to transport students enrolled in grade 12 or below for an agrarian related school activity shall accept liability for any injury or damage resulting from the transportation of the students.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 497. Having been printed, was taken up and read by title a second time. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 497 AMENDMENT NO. 1. Amend House Bill 497 on page 2, line 28, after "industry", by inserting "or a vocational and educational program, or both,". The motion prevailed and the amendment was adopted and ordered printed. Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2104. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2104 AMENDMENT NO. 1. Amend House Bill 2104 by replacing the title with the following: "AN ACT concerning property."; and by replacing everything after the enacting clause with the following: "Section 5. The Conveyances Act is amended by adding Section 38c as follows: (765 ILCS 5/38c new)
HOUSE OF REPRESENTATIVES 833 Sec. 38c. Townhome declarations. (a) The declarations of a noncondominium townhome instrument concerning common interest property must provide that maintenance assessments for a townhome must be consistent with the following factors, when considered together: (i) the square footage of the townhome in relation to the square footage of other townhomes in the common interest property community, (ii) the equalized assessed value of the townhome in relation to the equalized assessed value of the other townhomes in the common interest property community, and (iii) the special assessments of the townhome for insurance premiums in relation to those special assessments for other townhomes in the common interest property community. (b) For the purposes of this Section: "Common interest property" means real estate with respect to which any person by virtue of his or her ownership of a partial interest or unit in the property is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration that is administered by an association. "Noncondominium townhome" means a common interest property community that is not established under the Condominium Property 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. HOUSE BILL 596. 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 596 AMENDMENT NO. 1. Amend House Bill 596 on page 1, line 14, after "associations," by inserting the following: "audiologists, health insurance plans, hearing-impaired persons, parents of hearing-impaired children,"; and on page 1, line 18, by changing "a" to "a tracking and"; and on page 1, by replacing line 28 with the following: "(e) Develop educational and informational materials for hospital personnel, health care professionals, and parents on appropriate follow-up procedures for infants failing hospital-based screening. (f) Monitor any reports made available to the State with" and on page 1, line 30, by replacing "(f)" with "(g)"; and on page 2, immediately below line 2, by inserting the following: "(h) Review administrative rules and make recommendations to the Department regarding such rules. Section 15. Objections to test. The provisions of this Act shall not apply when the parent or guardian of the newborn infant objects to hearing screening on the grounds that the screening conflicts with his or her religious beliefs and practices. A written statement of the objection shall be presented to the physician or other person whose duty it is to administer and report the screening under the provisions of this Act. Section 20. Rules. The Department of Human Services shall promulgate rules necessary to implement this Act.". AMENDMENT NO. 2 TO HOUSE BILL 596
834 JOURNAL OF THE [March 11, 1999] AMENDMENT NO. 2. Amend House Bill 596 on page 1, line 10, after "Department", by inserting "of Human Services". Representative Hamos offered the following amendments and moved their adoption: AMENDMENT NO. 3 TO HOUSE BILL 596 AMENDMENT NO. 3. Amend House Bill 596, AS AMENDED, by replacing Section 5 with the following: "Section 5. Mandatory hearing screening. By December 31, 2002, all hospitals performing deliveries shall conduct hearing screening of all newborn infants prior to discharge. Section 10. Reports to Department of Public Health. Hospitals shall report information about each child with a positive hearing screening result to the Illinois Department of Public Health. Section 15. Department of Public Health to maintain registry of cases. The Illinois Department of Public Health shall maintain a registry of cases of positive hearing screening results, including information needed for the purpose of follow-up services."; and by renumbering Section 10 as Section 20; and by renumbering Section 15 as Section 25; and by renumbering Section 20 as Section 30. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was 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 Giglio, HOUSE BILL 442 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: 69, Yeas; 45, Nays; 1, 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. HOUSE BILLS ON SECOND READING AGREED BILL LIST 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 62, 238, 249, 477, 478, 524, 574, 579, 812, 813, 832, 839, 841, 852, 855, 873, 914, 940, 1097, 1099, 1102, 1110, 1146, 1151, 1164, 1175, 1195, 1198, 1278, 1291, 1306, 1307, 1308, 1317, 1321, 1324, 1353, 1355, 1366, 1392, 1402, 1403, 1405, 1407, 1416, 1417, 1432, 1435, 1469, 1501, 1502, 1514, 1541, 1565, 1617, 1645, 1657, 1673,
HOUSE OF REPRESENTATIVES 835 1678, 1693, 1694, 1759, 1769, 1786, 1806, 1816, 1817, 1824, 1860, 1868, 1871, 1931, 1942, 1960, 1978, 1991, 2005, 2013, 2026, 2037, 2091, 2109, 2169, 2177, 2196, 2219, 2257, 2264, 2287, 2293, 2306, 2310, 2330, 2344, 2346, 2349, 2352, 2502, 2589, 2629, 2630, 2641, 2711, 2727, 2732, 2741, 2753, 2767, 2775, 2784, 2791, 2842, 2843, 2844 and 2855. HOUSE BILL 4. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Tobacco Settlement Proceeds Distribution, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4 AMENDMENT NO. 1. Amend House Bill 4 as follows: by replacing the title with the following: "AN ACT concerning tobacco product manufacturers."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Tobacco Product Manufacturers Settlement Act. Section 5. Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. (c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking. (d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts. (e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement", with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. (f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent
836 JOURNAL OF THE [March 11, 1999] such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. Section 10. Definitions. In this Act: (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns", "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of 10% or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons. (c) "Allocable share" means "allocable share" as that term is defined in the Master Settlement Agreement. (d) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette". (e) "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco product manufacturers. (f) "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with subdivision (b)(2) of Section 15 of this Act. (g) "Released claims" means "released claims" as that term is defined in the Master Settlement Agreement. (h) "Releasing parties" means "releasing parties" as that term is defined in the Master Settlement Agreement. (i) "Tobacco product manufacturer" means an entity that after the effective date of this Act directly (and not exclusively through any affiliate): (1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master
HOUSE OF REPRESENTATIVES 837 Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (2) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (3) becomes a successor of an entity described in paragraph (1) or (2). The term "tobacco product manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of paragraphs (1) through (3) of this definition. (j) "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the State. The Department of Revenue shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year. Section 15. Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: (a) become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or (b) (1) place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation): 1999: $.0094241 per unit sold after the effective date of this Act; 2000: $.0104712 per unit sold after the effective date of this Act; for each of 2001 and 2002: $.0136125 per unit sold after the effective date of this Act; for each of 2003 through 2006: $.0167539 per unit sold after the effective date of this Act; for each of 2007 and each year thereafter: $.0188482 per unit sold after the effective date of this Act. (2) A tobacco product manufacturer that places funds into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances: (A) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into escrow and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement; (B) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the State's allocable share of the total payments that such manufacturer would have been required to make in that year under the
838 JOURNAL OF THE [March 11, 1999] Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (C) to the extent not released from escrow under subparagraph (A) or (B), funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (3) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subsection shall annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this Section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this Section shall: (A) be required within 15 days to place such funds into escrow as shall bring it into compliance with this Section. The court, upon a finding of a violation of this subsection, may impose a civil penalty to be paid to the General Revenue Fund in an amount not to exceed 5% of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100% of the original amount improperly withheld from escrow; (B) in the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this Section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the General Revenue Fund in an amount not to exceed 15% of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300% of the original amount improperly withheld from escrow; and (C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed 2 years. Each failure to make an annual deposit required under this Section shall constitute a separate violation. 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 22. 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 22 AMENDMENT NO. 1. Amend House Bill 22 on page 1, line 2, by deleting "and adding Section 12-6.4"; and on page 1, line 6, by deleting "and adding Section 12-6.4"; and
HOUSE OF REPRESENTATIVES 839 on page 5, by deleting line 32; and by deleting all of page 6. 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 153. 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 153 AMENDMENT NO. 1. Amend House Bill 153 on page 1, by replacing lines 26 and 27 with the following: "Section 15. The Cemetery Care Act is amended by adding Section 25 as follows: (760 ILCS 100/25 new) Sec. 25. Use of care funds. When a township or multi-township cemetery district takes over a cemetery or cemetery authority, the care fund and care fund expenditures continue to be subject to the provisions of this Act, and the township or multi-township cemetery district must continue to use the care fund exclusively for the care and maintenance of the cemetery in accordance with this Act."; and by deleting all of page 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 376. Having been recalled on February 24, 1999 and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the bill was again advanced to the order of Third Reading. HOUSE BILL 521. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 521 AMENDMENT NO. 1. Amend House Bill 521 on page 2, lines 14 and 15, by deleting "as identified in the building permit issued for the improvement"; and on page 2, lines 23 and 24, by deleting "as identified in the building permit issued for the improvement"; and on page 2, lines 32 and 33, by deleting "as identified in the building permit issued for the improvement"; and on page 3, lines 27 and 28, by deleting "as identified in the building permit issued for the improvement". 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.
840 JOURNAL OF THE [March 11, 1999] HOUSE BILL 613. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Public Utilities, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 613 AMENDMENT NO. 1. Amend House Bill 613 by replacing the title with the following: "AN ACT to amend the Public Utilities Act by changing Sections 5-104, 6-102, 13-301, 13-506.1, and 13-507 and adding Section 10-114."; and by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Sections 5-104, 6-102, 13-301, 13-506.1, and 13-507 and adding Section 10-114 as follows: (220 ILCS 5/5-104) (from Ch. 111 2/3, par. 5-104) Sec. 5-104. Depreciation accounts. (a) The Commission shall have power, after hearing, to require any or all public utilities, except electric public utilities and telecommunications carriers as defined by Section 13-202 of this Act, to keep such accounts as will adequately reflect depreciation, obsolescence and the progress of the arts. The Commission may, from time to time, ascertain and determine and by order fix the proper and adequate rate of depreciation of the several classes of property for each public utility; and each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed. (b) The Commission shall have the power, after hearing, to require any or all electric public utilities and telecommunications carriers to keep such accounts as will adequately reflect depreciation, obsolescence, and the progress of the arts. The Commission may, from time to time, ascertain and determine and by order fix the proper and adequate rate of depreciation of the several classes of property for an each electric public utility and a telecommunications carrier; and each electric public utility and telecommunications carrier shall thereafter, absent further order of the Commission, conform its depreciation accounts to the rates so ascertained, determined and fixed until at least the end of the first full calendar year following the date of such determination. (c) An electric public utility or a telecommunications carrier may from time to time alter the annual rates of depreciation, which for purposes of this subsection (c) and subsection (d) shall include amortization, that it applies to its several classes of assets so long as the rates are consistent with generally accepted accounting principles. The electric public utility or telecommunications carrier shall file a statement with the Commission which shall set forth the new rates of depreciation and which shall contain a certification by an independent certified public accountant that the new rates of depreciation are consistent with generally accepted accounting principles. Upon the filing of such statement, the new rates of depreciation shall be deemed to be approved by the Commission as the rates of depreciation to be applied thereafter by the electric public utility or telecommunications carrier as though an order had been entered pursuant to subsection (b). (d) In any proceeding conducted pursuant to Section 9-201 or 9-202 to set an electric public utility's or telecommunications carrier's rates for service, the Commission may determine not to use, in determining the depreciation expense component of the public utility's or telecommunications carrier's rates for service, the
HOUSE OF REPRESENTATIVES 841 rates of depreciation established pursuant to subsection (c), if the Commission in that proceeding finds based on the record that different rates of depreciation are required to adequately reflect depreciation, obsolescence and the progress of the arts, and fixes by order and uses for purposes of that proceeding new rates of depreciation to be thereafter employed by the electric public utility or telecommunications carrier until the end of the first full calendar year following the date of the determination and thereafter until altered in accordance with subsection (b) or (c) of this Section. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102) Sec. 6-102. Authorization of issues of stock. (a) Subject to the provisions of this Act and of the order of the Commission issued as provided in this Act, a public utility may issue stocks and stock certificates, and bonds, notes and other evidences of indebtedness payable at periods of more than 12 months after the date thereof for any lawful purpose. However, such public utility shall first have secured from the Commission an order authorizing such issue and stating the amount thereof and the purpose or purposes to which the issue or the proceeds thereof are to be applied, and that in the opinion of the Commission, the money, property or labor to be procured or paid for by such issue is reasonably required for the purpose or purposes specified in the order. (b) The provisions of this subsection (b) shall apply only to (1) any issuances of stock in a cumulative amount, exclusive of any issuances referred to in item (3), that are 10% or more in a calendar year or 20% or more in a 24-month period of the total common stockholders' equity or of the total amount of preferred stock outstanding, as the case may be, of the public utility, and (2) to any issuances of bonds, notes or other evidences of indebtedness in a cumulative principal amount, exclusive of any issuances referred to in item (3), that are 10% or more in a calendar year or 20% or more in a 24-month period of the aggregate principal amount of bonds, notes and other evidences of indebtedness of the public utility outstanding, all as of the date of the issuance, but shall not apply to (3) any issuances of stock or of bonds, notes or other evidences of indebtedness 90% or more of the proceeds of which are to be used by the public utility for purposes of refunding, redeeming or refinancing outstanding issues of stock, bonds, notes or other evidences of indebtedness. To enable it to determine whether it will issue the order required by subsection (a) of this Section, the Commission may hold a hearing and may make such additional inquiry or investigation, and examine such witnesses, books, papers, accounts, documents and contracts and require the filing of such data as it may deem of assistance. The public utility may be required by the Commission to disclose every interest of the directors of such public utility in any transaction under investigation. The Commission shall have power to investigate all such transactions and to inquire into the good faith thereof, to examine books, papers, accounts, documents and contracts of public utilities, construction or other companies or of firms or individuals with whom the public utility shall have had financial transactions, for the purpose of enabling it to verify any statements furnished, and to examine into the actual value of property acquired by or services rendered to such public utility. Before issuing its order, the Commission, when it is deemed necessary by the Commission, shall make an adequate physical valuation of all property of the public utility, but a valuation already made under proper public supervision may be adopted, either in whole or in part, at the discretion of the Commission; and shall also examine all
842 JOURNAL OF THE [March 11, 1999] previously authorized or outstanding securities of the public utility, and fixed charges attached thereto. A statement of the results of such physical valuation, and a statement of the character of all outstanding securities, together with the conditions under which they are held, shall be included in the order. The Commission may require that such information or such part thereof as it thinks proper, shall appear upon the stock, stock certificate, bond, note or other evidence of indebtedness authorized by its order. The Commission may by its order grant permission for the issue of such stock certificates, or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of its permission such condition or conditions as it may deem reasonable and necessary. Nothing in this Section shall prevent a public utility from seeking, nor the Commission from approving, a shelf registration plan for issuing securities over a reasonable period in accordance with regulations established by the United States Securities and Exchange Commission. Any securities issued pursuant to an approved shelf registration plan need not be further approved by the Commission so long as they are in compliance with the approved shelf registration plan. The Commission shall have the power to refuse its approval of applications to issue securities, in whole or in part, upon a finding that the issue of such securities would be contrary to public interest. The Commission may also require the public utility to compile for the information of its shareholders such facts in regard to its financial transactions, in such form as the Commission may direct. No public utility shall, without the consent of the Commission, apply the issue of any stock or stock certificates, or bond, note or other evidence of indebtedness, which was issued pursuant to an order of the Commission entered pursuant to this subsection (b), or any part thereof, or any proceeds thereof, to any purpose not specified in the Commission's order or to any purpose specified in the Commission's order in excess of the amount authorized for such purpose; or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof. The Commission shall have the power to require public utilities to account for the disposition of the proceeds of all sales of stocks and stock certificates, and bonds, notes and other evidences of indebtedness, which were issued pursuant to an order of the Commission entered pursuant to this subsection (b), in such form and detail as it may deem advisable, and to establish such rules and regulations as it may deem reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in its order. (c) A public utility may issue notes, for proper purposes, and not in violation of any provision of this Act or any other Act, payable at periods of not more than 12 months after the date of issuance of the same, without the consent of the Commission; but no such note shall, in whole or in part, be renewed or be refunded from the proceeds of any other such note or evidence of indebtedness from time to time without the consent of the Commission for an aggregate period of longer than 2 years. A "telecommunications carrier" as that term is defined by Section 13-202 of this Act is exempt from the requirements of this subsection (c). (d) Any issuance of stock or of bonds, notes or other evidences of indebtedness, other than issuances of notes pursuant to subsection (c) of this Section, which is not subject to subsection (b) of this Section, shall be regulated by the Commission as follows: the public utility shall file with the Commission, at least 15 days before the date of the issuance, an informational statement setting forth the
HOUSE OF REPRESENTATIVES 843 type and amount of the issue and the purpose or purposes to which the issue or the proceeds thereof are to be applied. Prior to the date of the issuance specified in the public utility's filing, the Commission, if it finds that the issuance is not subject to subsection (b) of this Section, shall issue a written order in conformance with subsection (a) of this Section authorizing the issuance. Notwithstanding any other provisions of this Act, the Commission may delegate its authority to enter the order required by this subsection (d) to a hearing examiner. (e) The Commission shall have no power to authorize the capitalization of the right to be a corporation, or to authorize the capitalization of any franchise, license, or permit whatsoever or the right to own, operate or enjoy any such franchise, license, or permit, in excess of the amount (exclusive of any tax or annual charge) actually paid to the State or to a political subdivision thereof as the consideration for the grant of such franchise, license, permit or right; nor shall any contract for consolidation or lease be capitalized, nor shall any public utility hereafter issue any bonds, notes or other evidences of indebtedness against or as a lien, upon any contract for consolidation or merger. (f) The provisions of this Section shall not apply to public utilities which are not corporations duly incorporated under the laws of this State to the extent that any such public utility may issue stock, bonds, notes or other evidences of indebtedness not directly or indirectly constituting or creating a lien or charge on, or right to profits from, any property used or useful in rendering service within this State. Nothing in this Section or in Section 6-104 of this Act shall be construed to require a common carrier by railroad subject to Part I of the Interstate Commerce Act, being part of an Act of the 49th Congress of the United States entitled "An Act to Regulate Commerce", as amended, to secure from the Commission authority to issue or execute or deliver any conditional sales contract or similar contract or instrument reserving or retaining title in the seller for all or part of the purchase price of equipment or property used or to be used for or in connection with the transportation of persons or property. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/10-114 new) Sec. 10-114. Resolution of proceedings. Notwithstanding any other provision of this Act, the Commission shall resolve all proceedings on the basis of written pleadings and submissions that are verified or supported by affidavit with the exception of proceedings arising under Section 13-515 of this Act. Nothing herein shall preclude the Commission from hearing oral argument in any proceeding. (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) (Section scheduled to be repealed on July 1, 2001) Sec. 13-301. Duties of the Commission. Consistent with the findings and policy established in paragraph (a) of Section 13-102 and paragraph (a) of Section 13-103, and in order to ensure the attainment of such policies, the Commission shall: (a) participate in all federal programs intended to preserve or extend universal telecommunications service, unless such programs would place cost burdens on Illinois customers of telecommunications services in excess of the benefits they would receive through participation, provided, however, the Commission shall not approve or permit the imposition of any surcharge or other fee designed to subsidize or provide a waiver for subscriber line charges; and shall report on such programs together with an assessment of their adequacy and the advisability of participating therein in its annual report to the General Assembly, or more often as necessary;
844 JOURNAL OF THE [March 11, 1999] (b) establish a program to monitor the level of telecommunications subscriber connection within each exchange in Illinois, and shall report the results of such monitoring and any actions it has taken or recommends be taken to maintain and increase such levels in its annual report to the General Assembly, or more often if necessary; (c) order all telecommunications carriers offering or providing local exchange telecommunications service to propose low-cost or budget service tariffs and any other rate design or pricing mechanisms designed to facilitate customer access to such telecommunications service, and shall after notice and hearing, implement any such proposals which it finds likely to achieve such purpose; (d) investigate the necessity of and create, if necessary, feasibility of establishing a fund or funds from which eligible telecommunications carriers offering or providing local exchange telecommunications service, whose costs of providing telecommunications services such service exceed the affordable rate average cost of providing such services service in Illinois, can could receive revenues intended to mitigate the price impact on customers resulting from the high or rising cost of such services service; provided, however, that to the extent such a fund or funds are established, the Commission shall require that the costs of such funds be recovered from all telecommunications carriers on a competitively neutral basis and shall include the results and findings of such investigation together with any recommendations for legislative action in its first annual report to the General Assembly in 1986; (e) Any telecommunications carrier providing local exchange telecommunications service which offers to its local exchange customers a choice of two or more local exchange telecommunications service offerings shall provide, to any such customer requesting it, once a year without charge, a report describing which local exchange telecommunications service offering would result in the lowest bill for such customer's local exchange service, based on such customer's calling pattern and usage for the previous 6 months. At least once a year, each such carrier shall provide a notice to each of its local exchange telecommunications service customers describing the availability of this report and the specific procedures by which customers may receive it. Such report shall only be available to current and future customers who have received at least 6 months of continuous local exchange service from such carrier. (Source: P.A. 87-445.) (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1) (Section scheduled to be repealed on July 1, 2001) Sec. 13-506.1. Alternative forms of regulation for noncompetitive services. (a) Notwithstanding any of the rate-making provisions of this Article or Article IX that are deemed to require rate of return regulation, the Commission may implement alternative forms of regulation in order to establish just and reasonable rates for noncompetitive telecommunications services including, but not limited to, price regulation, earnings sharing, rate moratoria, or a network modernization plan. The Commission is authorized to adopt different forms of regulation to fit the particular characteristics of different telecommunications carriers and their service areas. In addition to the public policy goals declared in Section 13-103, the Commission shall consider, in determining the appropriateness of any alternative form of regulation, whether it will: (1) reduce regulatory delay and costs over time;
HOUSE OF REPRESENTATIVES 845 (2) encourage innovation in services; (3) promote efficiency; (4) facilitate the broad dissemination of technical improvements to all classes of ratepayers; (5) enhance economic development of the State; and (6) provide for fair, just, and reasonable rates. (b) A telecommunications carrier providing noncompetitive telecommunications services may petition the Commission to regulate the rates or charges of its noncompetitive services under an alternative form of regulation. The telecommunications carrier shall submit with its petition its plan for an alternative form of regulation. The Commission shall review and may modify or reject the carrier's proposed plan. The Commission also may initiate consideration of alternative forms of regulation for a telecommunications carrier on its own motion. The Commission may approve the plan or modified plan and authorize its implementation only if it finds, after notice and hearing, that the plan or modified plan at a minimum: (1) is in the public interest; (2) will produce fair, just, and reasonable rates for telecommunications services; (3) responds to changes in technology and the structure of the telecommunications industry that are, in fact, occurring; (4) constitutes a more appropriate form of regulation based on the Commission's overall consideration of the policy goals set forth in Section 13-103 and this Section; (5) specifically identifies how ratepayers will benefit from any efficiency gains, cost savings arising out of the regulatory change, and improvements in productivity due to technological change; (6) will maintain the quality and availability of telecommunications services; and (7) will not unduly or unreasonably prejudice or disadvantage any particular customer class, including telecommunications carriers. (c) The initial An alternative regulation plan applicable to a telecommunications carrier and approved under this Section shall provide, as a condition for Commission approval of the plan, that for the first 3 years the plan is in effect with respect to the carrier, basic residence service rates shall be no higher than those rates in effect 180 days before the filing of the plan. This provision shall not be used as a justification or rationale for an increase in basic service rates for any other customer class. For purposes of this Section, "basic residence service rates" shall mean monthly recurring charges for the telecommunications carrier's lowest priced primary residence network access lines, along with any associated untimed or flat rate local usage charges. Nothing in this subsection (c) shall preclude the Commission from approving an alternative regulation plan that results in rate reductions provided all the requirements of subsection (b) are satisfied by the plan. (d) Any alternative form of regulation granted for a multi-year period under this Section shall provide for annual or more frequent reporting to the Commission to document that the requirements of the plan are being properly implemented. (e) Upon petition by the telecommunications carrier or any other person or upon its own motion, the Commission may rescind its approval of an alternative form of regulation if, after notice and hearing, it finds that the conditions set forth in subsection (b) of this Section can no longer be satisfied. Any person may file a complaint alleging that the rates charged by a telecommunications carrier under an alternative form of regulation are unfair, unjust,
846 JOURNAL OF THE [March 11, 1999] unreasonable, unduly discriminatory, or are otherwise not consistent with the requirements of this Article; provided, that the complainant shall bear the burden of proving the allegations in the complaint. (f) Nothing in this Section shall be construed to authorize the Commission to render Sections 9-241, 9-250, and 13-505.2 inapplicable to noncompetitive services. (Source: P.A. 87-856.) (220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507) (Section scheduled to be repealed on July 1, 2001) Sec. 13-507. Noncompetitive services. In any proceeding permitting, approving, investigating, or establishing rates, charges, classifications, or tariffs for telecommunications services offered or provided by a telecommunications carrier that offers or provides both noncompetitive and competitive services, the Commission shall not allow any subsidy of competitive services or nonregulated activities by noncompetitive services. In the event that facilities are utilized or expenses are incurred for the provision of both competitive and noncompetitive services, the Commission shall apportion the facilities and expenses between noncompetitive services in the aggregate and competitive services in the aggregate and shall allow or establish rates or charges for the noncompetitive services which reflect only that portion of the facilities or expenses that it finds to be properly and reasonably apportioned to noncompetitive services. An apportionment of facilities or expenses between competitive and noncompetitive services, together with any corresponding rate changes, shall be made in general rate proceedings and in other proceedings, including service classification proceedings, that are necessary to ensure against any subsidy of competitive services by noncompetitive services. The Commission shall have the power to take or require such action as is necessary to ensure that rates or charges for noncompetitive services reflect only the value of facilities, or portion thereof, used and useful, and the expenses or portion thereof reasonably and prudently incurred, for the provision of the noncompetitive services. The Commission may, in such event, also establish, by rule, any additional procedures, rules, regulations, or mechanisms necessary to identify and properly account for the value or amount of such facilities or expenses. The Commission may establish, by rule, appropriate methods for ensuring against cross-subsidization between competitive services and noncompetitive services as required under this Article, including appropriate methods for calculating the long-run service incremental costs of providing any telecommunications service and, when appropriate, group of services and methods for apportioning between noncompetitive services in the aggregate and competitive services in the aggregate the value of facilities utilized and expenses incurred to provide both competitive and noncompetitive services, for example, common overheads that are not accounted for in the long-run service incremental costs of individual services or groups of services. The Commission may order any telecommunications carrier to conduct a long-run service incremental cost study and to provide the results thereof to the Commission. Any cost study provided to the Commission pursuant to the provisions of this Section may, in the Commission's discretion, be accorded proprietary treatment. In addition to the requirements of subsection (c) of Section 13-502 and of Section 13-505.1 applicable to the rates and charges for individual competitive services, the aggregate gross revenues of all competitive services shall be equal to or greater than the sum of the long-run service incremental costs for all competitive services as a group and the value of other facilities and expenses apportioned to competitive services as a group under this Section. Notwithstanding any other provision of this Act, such revenues
HOUSE OF REPRESENTATIVES 847 and costs, including the value of other facilities and expenses so apportioned to competitive services, shall not be considered by the Commission in any review of a telecommunications carrier's rate of return or rate base. Any such review shall be confined to the telecommunications carrier's noncompetitive services and the revenues, cost, and value of other facilities and expenses apportioned to those noncompetitive services. (Source: P.A. 87-856.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 613 AMENDMENT NO. 2. Amend House Bill 613, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Public Utilities Act by changing Section 6-102."; and by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Section 6-102 as follows: (220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102) Sec. 6-102. Authorization of issues of stock. (a) Subject to the provisions of this Act and of the order of the Commission issued as provided in this Act, a public utility may issue stocks and stock certificates, and bonds, notes and other evidences of indebtedness payable at periods of more than 12 months after the date thereof for any lawful purpose. However, such public utility shall first have secured from the Commission an order authorizing such issue and stating the amount thereof and the purpose or purposes to which the issue or the proceeds thereof are to be applied, and that in the opinion of the Commission, the money, property or labor to be procured or paid for by such issue is reasonably required for the purpose or purposes specified in the order. (b) The provisions of this subsection (b) shall apply only to (1) any issuances of stock in a cumulative amount, exclusive of any issuances referred to in item (3), that are 10% or more in a calendar year or 20% or more in a 24-month period of the total common stockholders' equity or of the total amount of preferred stock outstanding, as the case may be, of the public utility, and (2) to any issuances of bonds, notes or other evidences of indebtedness in a cumulative principal amount, exclusive of any issuances referred to in item (3), that are 10% or more in a calendar year or 20% or more in a 24-month period of the aggregate principal amount of bonds, notes and other evidences of indebtedness of the public utility outstanding, all as of the date of the issuance, but shall not apply to (3) any issuances of stock or of bonds, notes or other evidences of indebtedness 90% or more of the proceeds of which are to be used by the public utility for purposes of refunding, redeeming or refinancing outstanding issues of stock, bonds, notes or other evidences of indebtedness. To enable it to determine whether it will issue the order required by subsection (a) of this Section, the Commission may hold a hearing and may make such additional inquiry or investigation, and examine such witnesses, books, papers, accounts, documents and contracts and require the filing of such data as it may deem of assistance. The public utility may be required by the Commission to disclose every interest of the directors of such public utility in any transaction under investigation. The Commission shall have power to investigate all such transactions and to inquire into the good faith thereof, to examine books, papers, accounts, documents and contracts of public utilities, construction or other companies or
848 JOURNAL OF THE [March 11, 1999] of firms or individuals with whom the public utility shall have had financial transactions, for the purpose of enabling it to verify any statements furnished, and to examine into the actual value of property acquired by or services rendered to such public utility. Before issuing its order, the Commission, when it is deemed necessary by the Commission, shall make an adequate physical valuation of all property of the public utility, but a valuation already made under proper public supervision may be adopted, either in whole or in part, at the discretion of the Commission; and shall also examine all previously authorized or outstanding securities of the public utility, and fixed charges attached thereto. A statement of the results of such physical valuation, and a statement of the character of all outstanding securities, together with the conditions under which they are held, shall be included in the order. The Commission may require that such information or such part thereof as it thinks proper, shall appear upon the stock, stock certificate, bond, note or other evidence of indebtedness authorized by its order. The Commission may by its order grant permission for the issue of such stock certificates, or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of its permission such condition or conditions as it may deem reasonable and necessary. Nothing in this Section shall prevent a public utility from seeking, nor the Commission from approving, a shelf registration plan for issuing securities over a reasonable period in accordance with regulations established by the United States Securities and Exchange Commission. Any securities issued pursuant to an approved shelf registration plan need not be further approved by the Commission so long as they are in compliance with the approved shelf registration plan. The Commission shall have the power to refuse its approval of applications to issue securities, in whole or in part, upon a finding that the issue of such securities would be contrary to public interest. The Commission may also require the public utility to compile for the information of its shareholders such facts in regard to its financial transactions, in such form as the Commission may direct. No public utility shall, without the consent of the Commission, apply the issue of any stock or stock certificates, or bond, note or other evidence of indebtedness, which was issued pursuant to an order of the Commission entered pursuant to this subsection (b), or any part thereof, or any proceeds thereof, to any purpose not specified in the Commission's order or to any purpose specified in the Commission's order in excess of the amount authorized for such purpose; or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof. The Commission shall have the power to require public utilities to account for the disposition of the proceeds of all sales of stocks and stock certificates, and bonds, notes and other evidences of indebtedness, which were issued pursuant to an order of the Commission entered pursuant to this subsection (b), in such form and detail as it may deem advisable, and to establish such rules and regulations as it may deem reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in its order. (c) A public utility may issue notes, for proper purposes, and not in violation of any provision of this Act or any other Act, payable at periods of not more than 12 months after the date of issuance of the same, without the consent of the Commission; but no such note shall, in whole or in part, be renewed or be refunded from the proceeds of any other such note or evidence of indebtedness from time to time without the consent of the Commission for an aggregate
HOUSE OF REPRESENTATIVES 849 period of longer than 2 years. A "telecommunications carrier" as that term is defined by Section 13-202 of this Act is exempt from the requirements of this subsection (c). (d) Any issuance of stock or of bonds, notes or other evidences of indebtedness, other than issuances of notes pursuant to subsection (c) of this Section, which is not subject to subsection (b) of this Section, shall be regulated by the Commission as follows: the public utility shall file with the Commission, at least 15 days before the date of the issuance, an informational statement setting forth the type and amount of the issue and the purpose or purposes to which the issue or the proceeds thereof are to be applied. Prior to the date of the issuance specified in the public utility's filing, the Commission, if it finds that the issuance is not subject to subsection (b) of this Section, shall issue a written order in conformance with subsection (a) of this Section authorizing the issuance. Notwithstanding any other provisions of this Act, the Commission may delegate its authority to enter the order required by this subsection (d) to a hearing examiner. (e) The Commission shall have no power to authorize the capitalization of the right to be a corporation, or to authorize the capitalization of any franchise, license, or permit whatsoever or the right to own, operate or enjoy any such franchise, license, or permit, in excess of the amount (exclusive of any tax or annual charge) actually paid to the State or to a political subdivision thereof as the consideration for the grant of such franchise, license, permit or right; nor shall any contract for consolidation or lease be capitalized, nor shall any public utility hereafter issue any bonds, notes or other evidences of indebtedness against or as a lien, upon any contract for consolidation or merger. (f) The provisions of this Section shall not apply to public utilities which are not corporations duly incorporated under the laws of this State to the extent that any such public utility may issue stock, bonds, notes or other evidences of indebtedness not directly or indirectly constituting or creating a lien or charge on, or right to profits from, any property used or useful in rendering service within this State. Nothing in this Section or in Section 6-104 of this Act shall be construed to require a common carrier by railroad subject to Part I of the Interstate Commerce Act, being part of an Act of the 49th Congress of the United States entitled "An Act to Regulate Commerce", as amended, to secure from the Commission authority to issue or execute or deliver any conditional sales contract or similar contract or instrument reserving or retaining title in the seller for all or part of the purchase price of equipment or property used or to be used for or in connection with the transportation of persons or property. (Source: P.A. 90-561, eff. 12-16-97.) 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 727. 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 727
850 JOURNAL OF THE [March 11, 1999] AMENDMENT NO. 1. Amend House Bill 727, on page 1, line 8, by replacing "The" with the following: "Cost and expense; commissary fund. (a) The"; and on page 1, by inserting between lines 26 and 27 the following: "(b) When a prisoner is released from the county jail after the completion of his or her sentence and has money credited to his or her account in the commissary fund, the sheriff or a person acting on the authority of the sheriff must mail a check in the amount credited to the prisoner's account to the prisoner's last known address. If after 30 days from the date of mailing of the check, the check is returned undelivered, the sheriff must transmit the amount of the check to the county treasurer for deposit into the commissary fund. Nothing in this subsection (b) constitutes a forfeiture of the prisoner's right to claim the money accredited to his or her account after the 30-day period.". 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 912. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 912 AMENDMENT NO. 1. Amend House Bill 912 by replacing the title with the following: "AN ACT to amend the Voluntary Payroll Deductions Act of 1983 by changing Section 3."; and by replacing everything after the enacting clause with the following: "Section 5. The Voluntary Payroll Deductions Act of 1983 is amended by changing Section 3 as follows: (5 ILCS 340/3) (from Ch. 15, par. 503) Sec. 3. Definitions. As used in this Act unless the context otherwise requires: (a) "Employee" means any regular officer or employee who receives salary or wages for personal services rendered to the State of Illinois, or an individual hired as an employee by a contract with that individual. (b) "Qualified organization" means an organization representing one or more benefiting agencies, which organization is designated by the State Comptroller as qualified to receive payroll deductions under this Act. An organization desiring to be designated as a qualified organization shall: (1) Submit written designations on forms approved by the State Comptroller by 4,000 or more employees, in which such employees indicate that the organization is one for which the employee intends to authorize withholding. The forms shall require the name, social security number, and employing State agency for each employee. Upon notification by the Comptroller that such forms have been approved, the organization shall, within 30 days, notify in writing the Governor or his designee of its intention to obtain the required number of designations. Such organization shall have 12 months from that date, to obtain the necessary designations. The signed forms and signatures on the forms shall be subject to verification by the State Comptroller;
HOUSE OF REPRESENTATIVES 851 (2) Certify that all benefiting agencies are tax exempt under Section 501(c)(3) of the Internal Revenue Code; (3) Certify that all benefiting agencies are in compliance with the Illinois Human Rights Act; (4) Certify that all benefiting agencies are in compliance with the Charitable Trust Act and the Solicitation for Charity Act; (5) Certify that all benefiting agencies actively conduct health or welfare programs and provide services to individuals directed at one or more of the following common human needs within a community: service, research, and education in the health fields; family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day care services for adults; transportation services; information, referral and counseling services; services to eliminate illiteracy; the preparation and delivery of meals; adoption services; emergency shelter care and relief services; disaster relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups, such as children and youth, the ill and infirm, and the physically handicapped; and that all such benefiting agencies provide the above described services to individuals and their families in the community and surrounding area in which the organization conducts its fund drive, or that such benefiting agencies provide relief to victims of natural disasters and other emergencies on a where and as needed basis; (6) Certify that the organization has disclosed the percentage of the organization's total collected receipts from employees that are distributed to the benefiting agencies and the percentage of the organization's total collected receipts from employees that are expended for fund-raising and overhead costs. These percentages shall be the same percentage figures annually disclosed by the organization to the Attorney General. The disclosure shall be made to all solicited employees and shall be in the form of a factual statement on all petitions and in the campaign's employee brochure; (7) Certify that all benefiting agencies receiving funds which the employee has requested or designated for distribution to a particular community and surrounding area use a majority of such funds distributed for services in the actual provision of services in that community and surrounding area; (8) Certify that neither it nor its member organizations will solicit State employees for contributions at their workplace, except pursuant to this Act and the rules promulgated thereunder. Each qualified organization, and each participating United Fund, is encouraged to cooperate with all others and with all State agencies and educational institutions so as to simplify procedures, to resolve differences and to minimize costs; (9) Certify that it will pay its share of the campaign costs and will comply with the Code of Campaign Conduct as approved by the Governor or other agency as designated by the Governor; (10) Certify that it maintains a year-round office, the telephone number, and person responsible for the operations of the organization in Illinois. That information shall be provided to the State Comptroller at the time the organization is seeking participation under this Act; and
852 JOURNAL OF THE [March 11, 1999] (11) Provide (i) an annual audit, in conformance with generally accepted accounting procedures and current to within 12 months of the organization's fiscal year-end, (ii) Internal Revenue Service Form 990 covering the same period as the submitted audit, and (iii) an annual report of the organization's activities, current to within 12 months of the organization's fiscal year. If a qualifying organization represents more than one benefiting agency, it shall also certify that the documentation required by this paragraph is on file for those agencies. The Comptroller is authorized to request documentation of the qualifying organization for any or all of the benefiting agencies upon written request. The qualifying organization shall have 10 business days to respond after it receives the request. Each qualified organization shall submit to the State Comptroller between January 1 and March 1 of each year, a statement that the organization is in compliance with all of the requirements set forth in paragraphs (2) through (11). The State Comptroller shall exclude any organization that fails to submit the statement from the next solicitation period. In order to be designated as a qualified organization, the organization shall have existed at least 2 years prior to submitting the written designation forms required in paragraph (1) and shall certify to the State Comptroller that such organization has been providing services described in paragraph (5) in Illinois. If the organization seeking designation represents more than one benefiting agency, it need not have existed for 2 years but shall certify to the State Comptroller that each of its benefiting agencies has existed for at least 2 years prior to submitting the written designation forms required in paragraph (1) and that each has been providing services described in paragraph (5) in Illinois. Organizations which have met the requirements of this Act shall be permitted to participate in the State and Universities Combined Appeal as of January 1st of the year immediately following their approval by the Comptroller. Where the certifications described in paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 above are made by an organization representing more than one benefiting agency they shall be based upon the knowledge and belief of such qualified organization. Any qualified organization shall immediately notify the State Comptroller in writing if the qualified organization receives information or otherwise believes that a benefiting agency is no longer in compliance with the certification of the qualified organization. A qualified organization representing more than one benefiting agency shall thereafter withhold and refrain from distributing to such benefiting agency those funds received pursuant to this Act until the benefiting agency is again in compliance with the qualified organization's certification. The qualified organization shall immediately notify the State Comptroller of the benefiting agency's resumed compliance with the certification, based upon the qualified organization's knowledge and belief, and shall pay over to the benefiting agency those funds previously withheld. The Comptroller shall, by February 1st of each year, so notify any qualified organization that failed to receive at least 500 payroll deduction pledges during each immediately preceding solicitation period as set forth in Section 6. The notification shall give such qualified organization until March 1st to provide the Comptroller with documentation that the 500 deduction requirement has been met. On the basis of all the documentation, the Comptroller shall, by March 15th of each year, submit to the Governor or his designee, or such other agency as may be determined by the Governor,
HOUSE OF REPRESENTATIVES 853 a list of all organizations which have met the 500 payroll deduction requirement. Only those organizations which have met such requirements, as well as the other requirements of this Section, shall be permitted to solicit State employees for voluntary contributions and the Comptroller shall discontinue withholding for any such organization which fails to meet these requirements. (c) "United Fund" means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable and public health, welfare and services purposes, which is commonly known as the United Fund, or the organization which serves in place of the United Fund organization in communities where an organization known as the United Fund is not organized. (d) "State and Universities Employees Combined Appeal" (SECA), otherwise known as "SECA", means the State-directed joint effort of all of the qualified organizations, together with the United Funds, for the solicitation of voluntary contributions from State and University employees. In order for a United Fund to participate in the State and Universities Employees Combined Appeal, it shall comply with the provisions of Section 3, paragraph (9) of subsection (b). (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.) 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 934. 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 934 AMENDMENT NO. 1. Amend House Bill 934 by replacing the title with the following: "AN ACT regarding support, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 505.3 as follows: (750 ILCS 5/505.3 new) Sec. 505.3. Pro se petitions for support and support enforcement. The circuit court may provide, through the office of the clerk of the circuit court, simplified forms and clerical assistance to help with the drafting, preparation, and filing of a petition seeking to establish or enforce a child support order by any person not represented by counsel. Section 10. The Illinois Parentage Act of 1984 is amended by adding Section 7.5 as follows: (750 ILCS 45/7.5 new) Sec. 7.5. Pro se petitions to establish parentage and support. The circuit court may provide, through the office of the clerk of the circuit court, simplified forms and clerical assistance to help with the drafting, preparation, and filing of an action to determine the existence of the father and child relationship, and a petition to establish or enforce a child support order by any person not represented by counsel.".
854 JOURNAL OF THE [March 11, 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 1098. 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 1098 AMENDMENT NO. 1. Amend House Bill 1098, on page 1, lines 2 and 6, by changing "Section 45" wherever it appears to "Sections 15, 45, 55, 65, and 70"; and on page 1, by inserting between lines 6 and 7 the following: "(725 ILCS 207/15) Sec. 15. Sexually violent person petition; contents; filing. (a) A petition alleging that a person is a sexually violent person may be filed by: (1) The Attorney General, at the request of the agency with jurisdiction over the person, as defined in subsection (a) of Section 10 of this Act, or on his or her own motion. If the Attorney General, after consulting with and advising the State's Attorney of the county referenced in paragraph (a)(2) of this Section, decides to file a petition under this Section, he or she shall file the petition before the date of the release or discharge of the person or within 30 days of placement onto parole or mandatory supervised release for an offense enumerated in paragraph (e) of Section 5 of this Act. (2) If the Attorney General does not file a petition under this Section, the State's Attorney of the county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of or not responsible for a sexually violent offense by reason of insanity, mental disease, or mental defect may file a petition. (3) The Attorney General and the State's Attorney referenced in paragraph (a)(2) of this Section jointly. (b) A petition filed under this Section shall allege that all of the following apply to the person alleged to be a sexually violent person: (1) The person satisfies any of the following criteria: (A) The person has been convicted of a sexually violent offense; (B) The person has been found delinquent for a sexually violent offense; or (C) The person has been found not guilty of a sexually violent offense by reason of insanity, mental disease, or mental defect. (2) (Blank;) The person is within 90 days of discharge or entry into mandatory supervised release from a Department of Corrections correctional facility for a sentence that was imposed upon a conviction for a sexually violent offense or for a sentence that is being served concurrently or consecutively with a sexually violent offense or is within the initial 30 days of the person's entry date into parole or mandatory supervised release; or (3) (Blank;) The person is within 90 days of discharge or release from a Department of Corrections juvenile correctional facility, if the person was placed in the facility for being adjudicated delinquent under Section 5-20 of the Juvenile Court
HOUSE OF REPRESENTATIVES 855 Act of 1987 (now repealed) or found guilty under Section 5-620 of that Act, on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense. (4) The person has a mental disorder. (5) The person is dangerous to others because the person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence. (b-5) The petition must be filed: (1) No more than 90 days before discharge or entry into mandatory supervised release from a Department of Corrections correctional facility for a sentence that was imposed upon a conviction for a sexually violent offense, or for a sentence that is being served concurrently or consecutively with a sexually violent offense, and no more than 30 days after the person's entry into parole or mandatory supervised release; or (2) No more than 90 days before discharge or release: (A) from a Department of Corrections juvenile correctional facility if the person was placed in the facility for being adjudicated delinquent under Section 5-20 of the Juvenile Court Act of 1987 or found guilty under Section 5-620 of that Act on the basis of a sexually violent offense; or (B) from a commitment order that was entered as a result of a sexually violent offense. (c) A petition filed under this Section shall state with particularity essential facts to establish probable cause to believe the person is a sexually violent person. If the petition alleges that a sexually violent offense or act that is a basis for the allegation under paragraph (b)(1) of this Section was an act that was sexually motivated as provided under paragraph (e)(2) of Section 5 of this Act, the petition shall state the grounds on which the offense or act is alleged to be sexually motivated. (d) A petition under this Section shall be filed in either of the following: (1) The circuit court for the county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of a sexually violent offense by reason of insanity, mental disease or mental defect. (2) The circuit court for the county in which the person is in custody under a sentence, a placement to a Department of Corrections correctional facility or juvenile correctional facility, or a commitment order. (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; revised 8-26-98.)"; and on page 1, by inserting after line 23 the following: "(725 ILCS 207/55) Sec. 55. Periodic reexamination; report. (a) If a person has been committed under Section 40 of this Act and has not been discharged under Section 65 of this Act, the Department shall conduct an examination of his or her mental condition within 6 months after an initial commitment under Section 40 and again thereafter at least once each 12 months for the purpose of determining whether the person has made sufficient progress to be conditionally released or discharged. At the time of a reexamination under this Section, the person who has been committed may retain or, if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her. (b) Any examiner conducting an examination under this Section shall prepare a written report of the examination no later than 30
856 JOURNAL OF THE [March 11, 1999] days after the date of the examination. The examiner shall place a copy of the report in the person's health care records and shall provide a copy of the report to the court that committed the person under Section 40. (c) Notwithstanding subsection (a) of this Section, the court that committed a person under Section 40 may order a reexamination of the person at any time during the period in which the person is subject to the commitment order. (d) Petitions for discharge after reexamination must follow the procedure outlined in Section 65 of this Act. (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.) (725 ILCS 207/65) Sec. 65. Petition for discharge; procedure. (a)(1) If the Secretary determines at any time that a person committed under this Act is no longer a sexually violent person, the Secretary shall authorize the person to petition the committing court for discharge. The person shall file the petition with the court and serve a copy upon the Attorney General or the State's Attorney's office that filed the petition under subsection (a) of Section 15 of this Act, whichever is applicable. The court, upon receipt of the petition for discharge, shall order a hearing to be held within 45 days after the date of receipt of the petition. (2) At a hearing under this subsection, the Attorney General or State's Attorney, whichever filed the original petition, shall represent the State and shall have the right to have the petitioner examined by an expert or professional person of his or her choice. The committed person or the State may elect to have the hearing before a jury. The hearing shall be before the court without a jury. The State has the burden of proving by clear and convincing evidence that the petitioner is still a sexually violent person. (3) If the court is satisfied that the State has not met its burden of proof under paragraph (a)(2) of this Section, the petitioner shall be discharged from the custody or supervision of the Department. If the court is satisfied that the State has met its burden of proof under paragraph (a)(2), the court may proceed under Section 40 of this Act to determine whether to modify the petitioner's existing commitment order. (b)(1) A person may petition the committing court for discharge from custody or supervision without the Secretary's approval. At the time of an examination under subsection (a) of Section 55 of this Act, the Secretary shall provide the committed person with a written notice of the person's right to petition the court for discharge over the Secretary's objection. The notice shall contain a waiver of rights. The Secretary shall forward the notice and waiver form to the court with the report of the Department's examination under Section 55 of this Act. If the person does not affirmatively waive the right to petition, the court shall set a probable cause hearing to determine whether facts exist that warrant a hearing on whether the person is still a sexually violent person. If a person does not file a petition for discharge, yet fails to waive the right to petition under this Section, then the probable cause hearing consists only of a review of the reexamination reports and arguments on behalf of the parties. The committed person has a right to have an attorney represent him or her at the probable cause hearing, but the person is not entitled to be present at the probable cause hearing. The probable cause hearing under this Section must be held within 45 days of the filing of the reexamination report under Section 55 of this Act. (2) If the court determines at the probable cause hearing under paragraph (b)(1) of this Section that probable cause exists to believe that the committed person is no longer a sexually violent
HOUSE OF REPRESENTATIVES 857 person, then the court shall set a hearing on the issue. At a hearing under this Section, the committed person is entitled to be present and to the benefit of the protections afforded to the person under Section 25 of this Act. The committed person or the State may elect to have a hearing under this Section before a jury. A verdict of a jury under this Section is not valid unless it is unanimous. The Attorney General or State's Attorney, whichever filed the original petition, shall represent the State at a hearing under this Section. The hearing under this Section shall be to the court. The State has the right to have the committed person evaluated by experts chosen by the State. At the hearing, the State has the burden of proving by clear and convincing evidence that the committed person is still a sexually violent person. (3) If the court is satisfied that the State has not met its burden of proof under paragraph (b)(2) of this Section, the person shall be discharged from the custody or supervision of the Department. If the court is satisfied that the State has met its burden of proof under paragraph (b)(2) of this Section, the court may proceed under Section 40 of this Act to determine whether to modify the person's existing commitment order. (Source: P.A. 90-40, eff. 1-1-98.) (725 ILCS 207/70) Sec. 70. Additional discharge petitions. In addition to the procedures under Section 65 of this Act, a committed person may petition the committing court for discharge at any time, and the court must set the matter for a probable cause hearing; however, but if a person has previously filed a petition for discharge without the Secretary's approval and the court determined, either upon review of the petition or following a hearing, that the person's petition was frivolous or that the person was still a sexually violent person, then the court shall deny any subsequent petition under this Section without a hearing unless the petition contains facts upon which a court could find that the condition of the person had so changed that a hearing was warranted. If the court finds that a hearing is warranted, the court shall set a probable cause hearing in accordance with paragraph (b)(1) of Section 65 of this Act and continue proceedings under paragraph (b)(2) of Section 65, if appropriate. If the person has not previously filed a petition for discharge without the Secretary's approval, the court shall set a probable cause hearing in accordance with paragraph (b)(1) of Section 65 and continue proceedings under paragraph (b)(2) of Section 65, if appropriate. (Source: P.A. 90-40, eff. 1-1-98.)". 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 1147. Having been recalled on March 9, 1999, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILL 1177. 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 1177 AMENDMENT NO. 1. Amend House Bill 1177 by replacing the title
858 JOURNAL OF THE [March 11, 1999] with the following: "AN ACT to amend the Consumer Fraud and Deceptive Business Practices Act by changing Section 10a."; and by replacing everything after the enacting clause with the following: "Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 10a as follows: (815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a) Sec. 10a. Action for actual damages. (a) Any person who suffers actual damage as a result of a violation of this Act committed by any other person may bring an action against such person. The court, in its discretion may award actual economic damages or any other relief which the court deems proper; provided, however, that no award of punitive damages may be assessed under this Section against a party defendant who is a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act, unless the conduct engaged in was willful or intentional and done with evil motive or reckless indifference to the rights of others. Proof of a public injury, a pattern, or an effect on consumers and the public interest generally shall be required in order to state a cause of action under this Section against a party defendant who is a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act. Proof of such public injury may be shown by any one of the following factors: (1) Violation of a statute that has a public interest impact. (2) Repeated acts prior to the act involving the plaintiff. (3) Potential for repetition. (b) Such action may be commenced in the county in which the person against whom it is brought resides, has his principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred. (c) Except as provided in subsections (f), (g), and (h) of this Section, in any action brought by a person under this Section, the Court may grant injunctive relief where appropriate and may award, in addition to the relief provided in this Section, reasonable attorney's fees and costs to the prevailing party. (d) Upon commencement of any action brought under this Section the plaintiff shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment or order in the action, shall mail a copy of such judgment or order to the Attorney General. (e) Any action for damages under this Section shall be forever barred unless commenced within 3 years after the cause of action accrued; provided that, whenever any action is brought by the Attorney General or a State's Attorney for a violation of this Act, the running of the foregoing statute of limitations, with respect to every private right of action for damages which is based in whole or in part on any matter complained of in said action by the Attorney General or State's Attorney, shall be suspended during the pendency thereof, and for one year thereafter. (f) At any time more than 30 days before the commencement of trial, a party, who is a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act and who is defending a claim under this Act, may serve upon the party
HOUSE OF REPRESENTATIVES 859 seeking relief under this Act an offer to allow judgment to be taken against the defending party to the effect specified in the offer with costs then accrued. If within 10 days after service of the offer, the offeree serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the notice; the court shall then enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs. When a party seeking relief under this Act does not accept an offer filed with the clerk and served upon the attorney for that party more than 30 days before the commencement of trial and when that party fails to obtain a judgment in an amount more than the total offer of settlement, that party shall forfeit and the court may not award any compensation for attorney's fees and costs incurred after the date of the offer. (g) At any time more than 30 days before the commencement of trial, a party who is seeking relief under this Act from a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act may serve the dealer or holder an offer to allow judgment to be taken against the dealer or holder to the effect specified in the offer with costs then accrued. If within 10 days after service of the offer, the offeree serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the notice; the court shall then enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs. When a dealer or holder does not accept an offer filed with the clerk and served upon the attorney for the dealer or holder more than 30 days before the commencement of trial and if the party seeking relief against a dealer or holder obtains a judgment in an amount equal to or in excess of the offer amount, the party seeking relief shall be paid interest on the offer amount at the rate as provided in Section 2-1303 of the Code of Civil Procedure from the date of the offer until the judgment is paid. (h) At least 30 days prior to the filing of an action under this Section, a party who is seeking relief shall serve a written notice of the nature of the alleged violation and demand for relief upon the prospective party, who is a new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or who is the holder of a retail installment contract within the meaning of Section 2.12 of the Motor Vehicle Retail Installment Sales Act, against whom such action will be commenced. Any person receiving such a demand for relief may, within 30 days of service of the demand for relief, submit a written offer of settlement, which offer is to be exclusive of attorney's fees, to the party serving the notice and demand. The party who is seeking relief must certify in any cause of action that the notice and demand was served upon the named defendants and the substance of their response, if any. If the offer of settlement is rejected in writing by the party who is seeking relief, then, in any subsequent action, the court shall deny any award of attorney's fees and costs requested by the party seeking relief under this Act incurred after the rejection of the written offer of settlement, if the judgment is less than the amount contained within the offer of settlement. All written offers of settlement under this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter. (Source: P.A. 89-144, eff. 1-1-96.)".
860 JOURNAL OF THE [March 11, 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 1252. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1252 AMENDMENT NO. 1. Amend House Bill 1252 on page 1, lines 17 and 18, by replacing "an automobile a motor vehicle" with the following: "a motor vehicle, excluding a motorcycle as defined in Section 1-147 of the Illinois Vehicle Code,"; and on page 1, line 19 by replacing "automobile motor vehicle" with the following: "motor vehicle, excluding a motorcycle as defined in Section 1-147 of the Illinois Vehicle Code,". 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 1274. 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 1274 AMENDMENT NO. 1. Amend House Bill 1274 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Educational Facilities Authority Act is amended by changing Sections 1, 3, 3.03, 3.06, 3.06a, 3.07c, 3.08, 5.11, 5.12, 5.16, and 24 and adding Sections 3.10, 5.11a, and 5.11b as follows: (110 ILCS 1015/1) (from Ch. 144, par. 1301) Sec. 1. Declaration of purpose. It is declared that for the benefit of the people of the State of Illinois, the conduct and increase of their commerce, the protection and enhancement of their welfare, the development of continued prosperity and the improvement of their health and living conditions it is essential that all the people of the State be given the fullest opportunity to learn and to develop their intellectual and mental capacities and skills; that to achieve these ends it is of the utmost importance that private institutions of higher education within the State be provided with appropriate additional means to assist the people of the State in achieving the required levels of learning and development of their intellectual and mental capacities and skills and that cultural institutions within the State be provided with appropriate additional means to expand the services and resources which they offer for the cultural, intellectual, scientific, educational and artistic enrichment of the people of the State; and that, in execution of the public policy set forth above, it is the purpose of this Act to provide a measure of assistance and an alternative method of financing to enable private institutions of higher education and cultural institutions in the State to: (i) finance or to refund or refinance outstanding indebtedness incurred by them for the
HOUSE OF REPRESENTATIVES 861 construction or acquisition of educational facilities and structures or cultural facilities and structures, whether or not constructed or acquired prior to the effective date of this Act, (ii) and to provide the needed additional facilities and structures for the public benefit and good, and (iii) enable these institutions to obtain working capital through financing or refinancing of their accounts receivable or otherwise in execution of the public policy set forth above. (Source: P.A. 88-555, eff. 7-27-94.) (110 ILCS 1015/3) (from Ch. 144, par. 1303) Sec. 3. Definitions. In this Act, unless the context otherwise requires, the terms specified in Sections 3.01 through 3.10 3.09 have the meanings ascribed to them in those Sections. (Source: P.A. 84-995.) (110 ILCS 1015/3.03) (from Ch. 144, par. 1303.03) Sec. 3.03. Cost. "Cost", as applied to a project financed under this Act, means all costs necessary or incident to the acquisition, and construction,and financing of the project, including the costs of refunding or refinancing outstanding indebtedness incurred for the financing of such project, engineering, legal and, architectural fees, working capital, and all other necessary and incidental expenses, together with interest on bonds issued to finance the project to a date 6 months subsequent to the estimated date of completion. (Source: P.A. 78-399.) (110 ILCS 1015/3.06) (from Ch. 144, par. 1303.06) Sec. 3.06. Educational facility. "Educational facility" may comprise any property located within the State or, if the property is owned, operated, or managed by or for the benefit of a participating institution or an affiliate of the institution, located outside the State, constructed or acquired before or after the effective date of this Act, which is or will be, in whole or in part, suitable for the instruction, feeding, recreation or housing of students, the conducting of research or other work of a private institution of higher education, the use by a private institution of higher education in connection with any educational, research or related or incidental activities then being or to be conducted by it, or any combination of the foregoing, including, without limitation, any such property suitable for use as or in connection with any one or more of the following: an academic facility, administrative facility, agricultural facility, assembly hall, athletic facility, auditorium, boating facility, campus, communication facility, computer facility, continuing education facility, classroom, dining hall, dormitory, exhibition hall, fire fighting facility, fire prevention facility, food service and preparation facility, gymnasium, greenhouse, health care facility, hospital, housing, instructional facility, laboratory, library, maintenance facility, medical facility, museum, offices, parking area, physical education facility, recreational facility, research facility, stadium, storage facility, student union, study facility, theatre or utility. An educational facility shall not include any property used or to be used for sectarian instruction or study or as a place for devotional activities or religious worship nor any property which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. (Source: P.A. 78-399.) (110 ILCS 1015/3.06a) (from Ch. 144, par. 1303.06a) Sec. 3.06a. Cultural facility. "Cultural facility" may comprise any property located within the State or, if the property is owned, operated, or managed by or for the benefit of a participating institution or an affiliate of the institution, located outside the
862 JOURNAL OF THE [March 11, 1999] State, constructed or acquired before or after the effective date of this Act, which is or will be, in whole or in part, suitable for the particular purposes or needs of a cultural institution, including, without limitation, any such property suitable for use as or in connection with any one or more of the following: an administrative facility, aquarium, assembly hall, auditorium, botanical garden, exhibition hall, gallery, greenhouse, library, museum, scientific laboratory, theater or zoological facility, and shall also include, without limitation, books, works of art or music, animal, plant or aquatic life or other items for display, exhibition or performance. The term "cultural facility" includes buildings on the National Register of Historic Places which are owned or operated by nonprofit entities. A cultural facility shall not include any property used or to be used for sectarian instruction or study or as a place for devotional activities or religious worship nor any property which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. (Source: P.A. 84-995.) (110 ILCS 1015/3.07c) (from Ch. 144, par. 1303.07c) Sec. 3.07c. Participating institution. "Participating institution" means a private institution of higher education, a cultural institution, or a not for profit organization that provides financial or other assistance to or for the benefit of private institutions of higher education or cultural institutions, as the case may be, which, pursuant to the provisions of this Act, undertakes a project or the refunding or refinancing of outstanding indebtedness incurred for the financing of a project or undertakes the financing of working capital. (Source: P.A. 88-555, eff. 7-27-94.) (110 ILCS 1015/3.08) (from Ch. 144, par. 1303.08) Sec. 3.08. Property. "Property" means any real, personal or mixed property, or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, commodities, rights of way and structures, or any interest therein. (Source: P.A. 76-1810.) (110 ILCS 1015/3.10 new) Sec. 3.10. Working capital. "Working capital" means, with respect to any participating institution, funds to be used in or reserved for the operations of the participating institution. (110 ILCS 1015/5.11) (from Ch. 144, par. 1305.11) Sec. 5.11. Loans for cost of project and related capital needs. To make loans to any participating institution for the cost of a project and other related capital needs in accordance with an agreement between the Authority and the participating institution; provided that no such loan shall exceed the total cost of the project as determined by the participating institution and approved by the Authority. (Source: P.A. 84-995.) (110 ILCS 1015/5.11a new) Sec. 5.11a. Working capital bonds. In accordance with applicable law, to issue bonds for the purpose of financing working capital for one or more participating institutions, whether through a financing of their accounts receivable or otherwise, either singly or on a combined basis with other participating institutions. (110 ILCS 1015/5.11b new) Sec. 5.11b. Issuance of bonds for bulk purchases. To issue bonds for the purpose of purchasing, leasing, or otherwise acquiring, financing, selling, or transferring for, to, or on behalf of itself and any participating institution, either alone or in partnership
HOUSE OF REPRESENTATIVES 863 with other participating institutions, commodities or other property necessary for the daily operation of the educational facilities or cultural facilities of the participating institutions and for their employees and patrons, including, but not limited to, electricity, petroleum products, fuel oil, and natural gas. (110 ILCS 1015/5.12) (from Ch. 144, par. 1305.12) Sec. 5.12. Loans to refund outstanding obligations or advances. To make loans to a participating institution to refund outstanding obligations or advances issued, made or given by such participating institution for the cost of a project or for working capital. (Source: P.A. 84-995.) (110 ILCS 1015/5.16) (from Ch. 144, par. 1305.16) Sec. 5.16. Bonds for refunding or refinancing outstanding indebtedness. To issue bonds for the purpose of refunding or refinancing the outstanding indebtedness of a participating institution, whether or not outstanding prior to or after the effective date of this Act, provided that such indebtedness was originally incurred for the purpose of constructing or acquiring an educational facility or a cultural facility or for the purpose of acquiring working capital. (Source: P.A. 84-995.) (110 ILCS 1015/24) (from Ch. 144, par. 1324) Sec. 24. Purchase of securities; security; title to facilities. (a) Notwithstanding any other provision of this Act to the contrary, the Authority may finance the cost of an educational facility or cultural facility, finance working capital, or finance other capital needs or refund outstanding indebtedness incurred prior to or after the effective date of this Act for the construction or acquisition of an educational facility or cultural facility, for the financing of working capital, or for other related capital needs by issuing its bonds for the purpose of purchasing the securities of a participating institution. Any such securities shall have the same principal amounts, maturities and interest rates as the bonds so being issued, may be secured by a first mortgage lien on the educational facility or cultural facility so being financed or by a first mortgage lien or security interests in other real or personal property acceptable to the Authority and created by a mortgage instrument or security agreement satisfactory to the Authority, and may be insured or guaranteed by others. Any such bonds shall be secured by a pledge of such securities under the trust agreement or indenture creating such bonds and, shall be payable solely out of the payments to be made on such securities and shall not exceed in principal amount the cost of such educational facility or cultural facility as determined by the participating institution and approved by the Authority. In other respects, any such bonds shall be subject to the provisions of Section 9 (c) of this Act and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in Section 9 (d) hereof as the Authority may deem appropriate. (b) In the event that an educational facility or cultural facility is financed pursuant to this Section, the title to such facility shall remain in the participating institution owning the same, subject to the lien of the mortgage, if any, securing the securities then being purchased, and there shall be no lease of such facility between the Authority and such participating institution. (c) The provisions of Section 8 of this Act shall not apply to any educational facility or cultural facility financed pursuant to this Section, but the Authority shall return the securities, if any, purchased through the issuance of bonds hereunder to the participating institution issuing such securities when such bonds have been fully paid and retired or when adequate provision has been
864 JOURNAL OF THE [March 11, 1999] made to pay and retire the same fully and all other conditions of the trust agreement or indenture creating such bonds have been satisfied and the lien thereof has been released in accordance with the provisions thereof. (Source: P.A. 88-555, eff. 7-27-94.) 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 1310. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Aging, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1310 AMENDMENT NO. 1. Amend House Bill 1310, on page 1, lines 12 and 13, by deleting "to applicants for a license as a registered professional nurse under"; and on page 1, line 18, after "Act", by inserting "and suspicions of abuse or neglect with respect to an eligible adult under Section 4 of the Elder Abuse and Neglect 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. HOUSE BILL 1511. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Juidiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1511 AMENDMENT NO. 1. Amend House Bill 1511 on page 1, line 8, by changing "and" to ", and"; and on page 1, line 9, by inserting ", kidnapping, and aggravated kidnapping" after "stalking"; and on page 1, line 12, by changing "or" to ", or"; and on page 1, line 13, by inserting after the comma the following: "kidnapping, or aggravated kidnapping,"; and on page 2, line 10, by changing "or" to ", or"; and on page 2, line 11 by changing "offense" to ", kidnapping, or aggravated kidnapping offense"; and on page 2, by replacing line 16 with the following: ", or aggravated stalking, kidnapping, or aggravated kidnapping; and"; and on page 5, by replacing line 31 with the following: "person charged with stalking, or aggravated stalking, kidnapping, or aggravated kidnapping:". 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 1722. Having been printed, was taken up and read by
HOUSE OF REPRESENTATIVES 865 title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1722 AMENDMENT NO. 1. Amend House Bill 1722 by replacing the title with the following: "AN ACT to amend the Higher Education Student Assistance Act by changing Sections 65.15 and 65.40."; and by replacing everything after the enacting clause with the following: "Section 5. The Higher Education Student Assistance Act is amended by changing Sections 65.15 and 65.40 as follows: (110 ILCS 947/65.15) Sec. 65.15. Special education teacher Teachers scholarships. (a) There shall be awarded annually at the end of each school year 250 scholarships to persons qualifying as members of either of the following groups: (1) Students who are otherwise qualified to receive a scholarship as provided in subsections (b) and (c) of this Section and who make application to the Commission for such scholarship and agree to take courses that will prepare the student for the teaching of children described in Section 14-1 of the School Code. (2) Persons holding a valid certificate issued under the laws relating to the certification of teachers and who make application to the Commission for such scholarship and agree to take courses that will prepare them for the teaching of children described in Section 14-1 of the School Code. Scholarships awarded under this Section shall be issued pursuant to regulations promulgated by the Commission; provided that no rule or regulation promulgated by the State Board of Education prior to the effective date of this amendatory Act of 1993 pursuant to the exercise of any right, power, duty, responsibility or matter of pending business transferred from the State Board of Education to the Commission under this Section shall be affected thereby, and all such rules and regulations shall become the rules and regulations of the Commission until modified or changed by the Commission in accordance with law. For the purposes of this Section scholarships awarded each school year shall be deemed to be issued on July 1 of the year prior to in which the start of the postsecondary school term ends and all calculations for use of the scholarship shall be based on such date. Each scholarship shall entitle its holder to exemption from fees as provided in subsection (a) of Section 65.40 while enrolled in a special education program of teacher education, for a period of not more than 4 calendar years and shall be available for use at any time during such period of study except as provided in subsection (b) of Section 65.40. Scholarships issued to holders of a valid certificate issued under the laws relating to the certification of teachers as provided in paragraph (2) of this subsection may also entitle the holder thereof to a program of teacher education that will prepare the student for the teaching of children described in Section 14-1 of the School Code at the graduate level. (b) On or before March 1 in Each year, the principal, or his or her designee, of each recognized public, private and parochial high school maintaining the twelfth grade shall certify to the Commission regional superintendent of schools of the county in which such high school is located the names and addresses of all students who are
866 JOURNAL OF THE [March 11, 1999] completing an application with the intent to prepare to teach in any recognized public, private, or parochial school of Illinois and ranked scholastically in the upper one-half of their graduating class or, for those not yet and who graduated, whose from such school during the preceding school year in the order of their scholastic rank in the 4-year high school course of study at the end of the seventh semester is in the upper one-half of their class. The name of no student shall be so certified unless the student signifies in a letter presented to the principal the student's intention to prepare to teach in the public schools of Illinois. (c) The regional superintendent of schools shall on or before May 15 of each year certify the names and addresses of students certified to him or her for that year under subsection (b) to the Commission, which shall issue to each student whose rank, as shown on the list of names and addresses submitted entitled the student to a certificate of scholarship which shall be accepted by any of the universities designated in subsection (a) of Section 65-40 in lieu of any entrance examination. Each holder of a scholarship must furnish proof to the Commission, in such form and at such intervals as the Commission prescribes, of the holder's continued enrollment in a teacher education program qualifying the holder for the scholarship. Any holder of a scholarship who fails to register in a special education program of teacher education at the university within 10 days after the commencement of the term, quarter or semester immediately following the receipt of the scholarship or who, having registered, withdraws from the university or transfers out of teacher education, shall thereupon forfeit the right to use it and it may be granted to the person having the next highest scholastic rank as shown on the list held by submitted to the Commission. If the person having the next highest scholastic rank, within 10 days after notification thereof by the Commission, fails to register at any such university in a special education program of teacher education, or who, having registered, withdraws from the university or transfers out of teacher education, the scholarship may then be granted to the person shown on the list as having the scholastic rank next below such person. If the principal of any recognized public, private and parochial high school maintaining the twelfth grade fails to certify to the regional superintendent of schools on or before May 1 of any year in accordance with subsection (b) the names of a sufficient number of students to fill the scholarship or scholarships provided for in subsection (a), the scholarship or scholarships available to high schools for which no names are certified shall become available to any eligible student from any other recognized public, private and parochial high school maintaining the twelfth grade in the region and the scholarships available for which no names are certified, shall become available to any eligible student. In order to fill any such scholarship, the regional superintendent of schools shall certify on or before May 15 of each year the name and address of any student certified to him or her by the principal of any other school in the region under subsection (b) to the Commission, which shall issue to such student a certificate of scholarship as provided in this Section. Any scholarship that has become or becomes available to any eligible student in the region and is not issued before June 30 following the date it was available shall be transferred to a State pool under the Commission and may be issued to a student in a region that has used all scholarships available to that region. In order to obtain a scholarship in the State pool the regional superintendent of schools shall certify to the Commission that all scholarships available to his or her region have been filled and the name and
HOUSE OF REPRESENTATIVES 867 address of any student certified to him or her by the principal of any school in the region under subsection (b). Upon such certification the Commission shall issue a certificate of scholarship from any available scholarship in the State pool. (d) Any person who has accepted a scholarship under the preceding subsections of this Section must, after graduation from or termination of enrollment in a teacher education program, teach in any recognized public, private or parochial school in this State for at least 2 of the 5 years immediately following that graduation or termination, excluding, however, from the computation of that 5 year period (i) any time up to 3 4 years spent in the military service, whether such service occurs before or after the person graduates; (ii), and excluding from the computation of that 5 year period any time that person is enrolled full-time in an academic program related to the field of teaching leading to a graduate or postgraduate degree; (iii) the time that person is temporarily totally disabled for a period of time not to exceed 3 years, as established by the sworn affidavit of a qualified physician; (iv) the time that person is seeking and unable to find full time employment as a teacher at an Illinois public, private, or parochial school; or (v) the time that person is taking additional courses, on at least a half-time basis, needed to obtain certification as a teacher in Illinois. A person who has accepted a scholarship under the preceding subsections of this Section and who has been unable to fulfill the teaching requirements of this Section may receive a deferment from the obligation of repayment under this subsection (d) under guidelines established by the Commission; provided that no guideline established for any such purpose by the State Board of Education prior to the effective date of this amendatory Act of 1993 shall be affected by the transfer to the Commission of the responsibility for administering and implementing the provisions of this Section, and all guidelines so established shall become the guidelines of the Commission until modified or changed by the Commission. Any such person who fails to fulfill this teaching requirement shall pay to the Commission the amount of tuition waived by virtue of his or her acceptance of the scholarship, together with interest at 5% per year on that amount. However, this obligation to repay the amount of tuition waived plus interest does not apply when the failure to fulfill the teaching requirement results from the death or adjudication as a person under legal disability of the person holding the scholarship, and no claim for repayment may be filed against the estate of such a decedent or person under legal disability. Payments received by the Commission under this subsection (d) shall be remitted to the State Treasurer for deposit in the general revenue fund. Each person receiving applying for such a scholarship shall be provided with a description of the provisions copy of this subsection (d) at the time he or she qualifies applies for the benefits of such a scholarship. (e) This Section is basically substantially the same as Sections 30-1, 30-2, 30-3, and 30-4a of the School Code, which are repealed by this amendatory Act of 1993, and shall be construed as a continuation of the teacher scholarship program established by that prior law, and not as a new or different teacher scholarship program. The State Board of Education shall transfer to the Commission, as the successor to the State Board of Education for all purposes of administering and implementing the provisions of this Section, all books, accounts, records, papers, documents, contracts, agreements, and pending business in any way relating to the teacher scholarship program continued under this Section; and all scholarships at any time awarded under that program by, and all applications for any such scholarships at any time made to, the State Board of Education shall
868 JOURNAL OF THE [March 11, 1999] be unaffected by the transfer to the Commission of all responsibility for the administration and implementation of the teacher scholarship program continued under this Section. The State Board of Education shall furnish to the Commission such other information as the Commission may request to assist it in administering this Section. (Source: P.A. 88-228; 88-670, eff. 12-2-94.) (110 ILCS 947/65.40) Sec. 65.40. General provisions; leaves of absence. (a) The scholarships issued under Section Sections 65.15 through 65.35 may be used at the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, and Western Illinois University as provided in those Sections. Unless otherwise indicated, the these scholarships shall be good for a period of not more than 4 years while enrolled for residence credit and shall exempt the holder from the payment of tuition and other necessary fees as defined in Section 35 of this Act, or any matriculation, graduation, activity, term or incidental fee, except any portion of a multipurpose fee which is used for a purpose for which exemption is not granted under this Section. Exemption shall not be granted from any other fees, including book rental, service, laboratory, supply, union building, hospital and medical insurance fees and any fees established for the operation and maintenance of buildings, the income of which is pledged to the payment of interest and principal on bonds issued by the governing board of any university or community college. Any student who has been or shall be awarded a scholarship shall be reimbursed by the appropriate university or community college for any charges fees which he or she has paid and for which exemption is granted under this Section, if application for such reimbursement is made within 2 months following the school term for which the charges fees were paid. The holder of a scholarship shall be subject to all examinations, rules and requirements of the university or community college in which he or she is enrolled except as herein directed. This Section does not prohibit the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University for the institutions under their respective jurisdictions from granting other scholarships. (b) Any student enrolled in a university to which he or she is holding a scholarship issued under Section Sections 65.15 through 65.35 who satisfies the president of the university or someone designated by the president that the student requires leave of absence for the purpose of earning funds to defray his or her expenses while in attendance or on account of illness or military service may be granted such leave and allowed a period of not to exceed 6 years in which to complete his or her course at the university. Time spent in the armed forces shall not be part of the 6 years. (Source: P.A. 88-228; 89-4, eff. 1-1-96.) Section 99. Effective date. This Act takes effect July 1, 1999.". There being no further amendments, the foregoing Amendment No. 1
HOUSE OF REPRESENTATIVES 869 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1773. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1773 AMENDMENT NO. 1. Amend House Bill 1773 on page 1, line 16, by inserting "or the American Red Cross" after "Association". 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 1839. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1839 AMENDMENT NO. 1. Amend House Bill 1839, on page 2, line 29, by replacing "a report" with "an indicated report". 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 1858. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1858 AMENDMENT NO. 1. Amend House Bill 1858 on page 1, by replacing lines 8 and 9 with the following: "Sec. 8-1402. Accommodation for hearing disability Interpreter for deaf. Whenever any deaf person is a party to any"; and on page 1, line 20 by inserting "hearing" after "with a". 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 2041. 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 2042. Having been recalled on March 11, 1999, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading.
870 JOURNAL OF THE [March 11, 1999] HOUSE BILL 2103. 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 2103 AMENDMENT NO. 1. Amend House Bill 2103, on page 1, by replacing lines 1 and 2 with the following: "AN ACT in relation to certain notifications to public housing agencies."; and on page 2, line 10, by inserting after "person" the following: "adjudicated delinquent for an offense that if committed by an adult would be a felony who is in the custody of the Department of Corrections or a person"; and on page 2, by inserting between lines 32 and 33 the following: "Section 10. The Probation and Probation Officers Act is amended by changing Section 12 as follows: (730 ILCS 110/12) (from Ch. 38, par. 204-4) Sec. 12. The duties of probation officers shall be: (1) To investigate as required by section 5-3-1 of the "Unified Code of Corrections", approved July 26, 1972, as amended, the case of any person to be placed on probation. Full opportunity shall be afforded a probation officer to confer with the person under investigation when such person is in custody. (2) To notify the court of any previous conviction for crime or previous probation of any defendant invoking the provisions of this act. (3) All reports and notifications required in this Act to be made by probation officers shall be in writing and shall be filed by the clerk in the respective cases. (4) To preserve complete and accurate records of cases investigated, including a description of the person investigated, the action of the court with respect to his case and his probation, the subsequent history of such person, if he becomes a probationer, during the continuance of his probation, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon order of court. (5) To take charge of and watch over all persons placed on probation under such regulations and for such terms as may be prescribed by the court, and giving to each probationer full instructions as to the terms of his release upon probation and requiring from him such periodical reports as shall keep the officer informed as to his conduct. (6) To develop and operate programs of reasonable public or community service for any persons ordered by the court to perform public or community service, providing, however, that no probation officer or any employee of a probation office acting in the course of his official duties shall be liable for any tortious acts of any person performing public or community service except for wilful misconduct or gross negligence on the part of the probation officer or employee. (7) When any person on probation removes from the county where his offense was committed, it shall be the duty of the officer under whose care he was placed to report the facts to the probation officer in the county to which the probationer has removed; and it shall thereupon become the duty of such probation officer to take charge of and watch over said probationer the same as if the case originated in
HOUSE OF REPRESENTATIVES 871 that county; and for that purpose he shall have the same power and authority over said probationer as if he had been originally placed in said officer's charge; and such officer shall be required to report in writing every 6 months, or more frequently upon request the results of his supervision to the probation officer in whose charge the said probationer was originally placed by the court. (8) To authorize travel permits to individuals under their supervision unless otherwise ordered by the court. (9) To perform such other duties as are provided for in this act or by rules of court and such incidental duties as may be implied from those expressly required. (10) To send written notification to a public housing agency if a person on probation for a felony who is under the supervision of the probation officer informs the probation officer that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by that public housing agency. (Source: P.A. 86-639.)". 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 2323. 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 2323 AMENDMENT NO. 1. Amend House Bill 2323 on page 2, in line 27, after the semicolon, by inserting "(1.5) the property index number (PIN) of the real estate for which the variation is requested;". 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 2642. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2642 AMENDMENT NO. 1. Amend House Bill 2642, on page 1, line 2, by replacing "Section 4" with "Sections 4 and 5"; and on page 1, line 6, by replacing "Section 4" with "Sections 4 and 5"; and on page 6, immediately below line 15, by inserting the following: "(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305) Sec. 5. (a) Except as otherwise provided in this Section, within 30 days after the beginning of each State fiscal year, each person who possessed a valid operating license issued by the NRC for a nuclear power reactor or a spent fuel storage facility during any portion of the previous fiscal year shall pay to the Department the fees imposed by Section 4 of this Act. The one-time facility charge assessed pursuant to subparagraph (1) of Section 4 shall be paid to the Department not less than 2 years prior to scheduled commencement
872 JOURNAL OF THE [March 11, 1999] of commercial operation. The additional facility charge assessed pursuant to subparagraph (2) of Section 4 shall be paid to the Department within 90 days of June 30, 1982. Fees assessed pursuant to subparagraph (3) of Section 4 for State fiscal year 1992 shall be payable as follows: $400,000 due on August 1, 1991, and $525,000 due on January 1, 1992. Fees assessed pursuant to subparagraph (3) of Section 4 for State fiscal year 1993 and subsequent fiscal years shall be due and payable in two equal payments on July 1 and January 1 during the fiscal year in which the fee is due. Fees assessed pursuant to subparagraph (4) of Section 4 shall be paid in six payments, the first, in the amount of $400,000, shall be due and payable 30 days after the effective date of this Amendatory Act of 1984. Subsequent payments shall be in the amount of $200,000 each, and shall be due and payable annually on August 1, 1985 through August 1, 1989, inclusive. Fees assessed under the provisions of subparagraphs (6) and (7) of Section 4 of this Act shall be paid on or before January 1, 1990. Fees assessed under the provisions of subparagraphs (8) and (9) of Section 4 of this Act shall be paid on or before January 1st of each year, beginning January 1, 1990. Fees assessed under the provisions of subparagraphs (10) and (11) of Section 4 of this Act shall be paid to the Department within 60 days after completion of such shipments within this State. Fees assessed pursuant to subparagraph (12) of Section 4 shall be paid to the Department by each person who possessed a valid operating license issued by the NRC for a nuclear power reactor during any portion of the previous State fiscal year as follows: the fee due in fiscal year 1988 shall be paid on January 15, 1988, the fee due in fiscal year 1989 shall be paid on December 1, 1988, and subsequent fees shall be paid annually on December 1, 1989 through December 1, 1990. (b) Fees assessed pursuant to paragraph (3.5) of Section 4 for State fiscal years 1999 and 2000 shall be due and payable in 2 equal payments on July 1 and January 1 during the fiscal year in which the fee is due. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. (c) Any person who fails to pay a fee assessed under Section 4 of this Act within 90 days after the fee is payable is liable in a civil action for an amount not to exceed 4 times the amount assessed and not paid. The action shall be brought by the Attorney General at the request of the Department. If the action involves a fixed facility in Illinois, the action shall be brought in the Circuit Court of the county in which the facility is located. If the action does not involve a fixed facility in Illinois, the action shall be brought in the Circuit Court of Sangamon County. (Source: P.A. 90-601, eff. 6-26-98.)". 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 2726. 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 2730. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher
HOUSE OF REPRESENTATIVES 873 Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2730 AMENDMENT NO. 1. Amend House Bill 2730 on page 1, by replacing lines 8 through 10 with the following: "Sec. 9.29. Credit for occupational service study. The Board shall conduct a study and develop recommendations in relation to allowing a person to earn college credit for occupational service.". 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 2733. HOUSE BILL 2774. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Insurance, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2774 AMENDMENT NO. 1. Amend House Bill 2774 on page 1 by replacing lines 1 and 2 with the following: "AN ACT relating to insurance companies."; and on page 1, line 6, by changing "356h" to "245, 356h"; and on page 1 by inserting immediately below line 6 the following: "(215 ILCS 5/245) (from Ch. 73, par. 857) Sec. 245. Salaries; pensions. (1) No domestic life company shall directly or indirectly pay any salary, compensation or emolument to any officer, trustee or director thereof, or any salary, compensation or emolument amounting in any year to more than $200,000 $100,000 to any person, firm or corporation, unless such payment be first authorized by a vote of the board of directors of such company, which vote shall be duly recorded in the records of the company. No such domestic life company shall make any agreement with any of its officers, trustees or salaried employees whereby it agrees that for any services rendered or to be rendered he shall receive any salary, compensation or emolument, directly or indirectly, that will extend beyond a period of three years from the date of such agreement except that payment of an amount not in excess of 20% of the salary of any of its officers, trustees, or salaried employees may by written agreement be deferred beyond such period of three years, which agreement may include conditions to be met by such officer, trustee, or salaried employee before payment will be made. The limitation as to time contained herein shall not apply to a contract for renewal commissions with any such officer, trustee or salaried employee who is also an agent of the company nor shall such limitation be construed as preventing a domestic company from entering into contracts with its agents for the payment of renewal commissions. (2) No such life company shall grant any pension to any officer, director or trustee thereof or to any member of his family after his death except that it may provide a pension pursuant to the terms of the uniform retirement plan adopted by the board of directors and for any person who is or has been a salaried officer or employee of such
874 JOURNAL OF THE [March 11, 1999] company and who may retire by reason of age or disability. (3) No such company shall hereafter create or establish any account or fund for the purpose of promoting the health or welfare of its employees except from annual accretions to earned surplus computed in the manner provided by this Code. Contributions to such fund by any company in any calendar year shall not exceed 15% of the accretion to earned surplus in such calendar year. Before such account or fund shall be established, maintained or operated, the plan for such account or fund and its method of operation shall be approved by the board of directors of the company, and submitted to the shareholders in the case of a stock company, or members in the case of a mutual company, at a special meeting called for the purpose of considering such plan. Contributions to the fund from sources other than the company may be provided for in the operation of the plan. No amount held in such fund or account whether contributed by the company or from any other source shall be considered an admitted asset as defined in this Code, nor considered in determining the solvency of such company, nor be subject to the provisions of this Code. (Source: P.A. 86-384.)". 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 2826. 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 2826 AMENDMENT NO. 1. Amend House Bill 2826 on page 10, line 25, by replacing "accordance with the Animal Control Act" with "a humane manner". 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 107. 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 held on the order of Second Reading. HOUSE BILL 496. 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 held on the order of Second Reading. HOUSE BILL 1743. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules.
HOUSE OF REPRESENTATIVES 875 There being no further amendments, the bill was held on the order of Second Reading. HOUSE BILL 2045. 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 held on the order of Second Reading. HOUSE BILL 2176. 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 held on the order of Second Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hannig, HOUSE BILL 470 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 McKeon, HOUSE BILL 476 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 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 Hoffman, HOUSE BILL 1365 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 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING
876 JOURNAL OF THE [March 11, 1999] HOUSE BILL 928. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 928 AMENDMENT NO. 1. Amend House Bill 928 by replacing the title with the following: "AN ACT to amend the Property Tax Code by changing Sections 5-5, 12-50, 16-95, 16-125, and 16-160."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 5-5, 12-50, 16-95, 16-125, and 16-160 as follows: (35 ILCS 200/5-5) Sec. 5-5. Election of board of review; counties of 3,000,000 or more. (a) In counties with 3,000,000 or more inhabitants, on the first Tuesday after the first Monday in November 1994, 2 commissioners of the board of appeals shall be elected to hold office from the first Monday in December following their election and until the first Monday in December 1998. In case of any vacancy, the chief judge of the circuit court or any judge of that circuit designated by the chief judge shall fill the vacancy by appointment. The commissioners shall be electors in the particular county at the time of their election or appointment and shall hold no other lucrative public office or public employment. Each commissioner shall receive compensation fixed by the county board, which shall be paid out of the county treasury and which shall not be changed during the term for which any commissioner is elected or appointed. Effective the first Monday in December 1998, the board of appeals is abolished. The board of appeals shall maintain sufficient evidentiary records to support all decisions made by the board of appeals. All records, data, sales/ratio studies, and other information necessary for the board of review elected under subsection (c) to perform its functions and duties shall be transferred by the board of appeals to the board of review on the first Monday in December 1998. (b) (Blank). (c) In each county with 3,000,000 or more inhabitants, there is created a board of review. The board of review shall consist of 3 members, each titled as commissioner, one elected from each election district in the county at the general election in 1998 to hold office for a term beginning on the first Monday in December following their election and until their respective successors are elected and qualified. No later than June 1, 1996, the General Assembly shall establish the boundaries for the 3 election districts in each county with 3,000,000 or more inhabitants. The election districts shall be compact, contiguous, and have substantially the same population based on the 1990 federal decennial census. One district shall be designated as the first election district, one as the second election district, and one as the third election district. The member from each district shall be elected to a term of 4 years. In the year following each federal decennial census, the General Assembly shall reapportion the election districts to reflect the results of the census. The reapportioned districts shall be compact, contiguous, and contain substantially the same population. The member from the first district shall be elected to terms of 4 years, 4 years, and 2 years. The member from the second district shall be elected to terms of 4 years, 2 years, and 4 years. The member from
HOUSE OF REPRESENTATIVES 877 the third district shall be elected to terms of 2 years, 4 years, and 4 years. In case of vacancy, the chief judge of the circuit court or any judge of the circuit court designated by the chief judge shall fill the vacancy by appointment of a person from the same political party. If the vacancy is filled with more than 28 months remaining in the term, the appointed member shall serve until the next general election, at which time a member shall be elected to serve for the remainder of the term. If a vacancy is filled with 28 months or less remaining in the term, the appointment shall be for the remainder of the term. The members shall be electors within their respective election district at the time of their election or appointment and shall hold no other lucrative public office or public employment. Each member shall receive compensation fixed by the county board, which shall be paid from the county treasury. Compensation for each member shall be equitable and shall not be changed during the term for which that member is elected or appointed. The county shall provide suitable office space for the board of review. For the year beginning on the first Monday in December 1998 and ending the first Monday in December 1999, and every fourth year thereafter, the chair of the board shall be the member elected from the first district. For the year beginning the first Monday in December 1999 and ending the first Monday in December 2000, and every fourth year thereafter, the chair of the board shall be the member elected from the second district. For the year beginning the first Monday in December 2000 and ending the first Monday in December 2001, and every fourth year thereafter, the chair shall be the member elected from the third district. For the year beginning the first Monday in December 2001 and ending the first Monday in December 2002, and every fourth year thereafter, the chair of the board shall be determined by lot. On and after the first Monday in December, 1998, any reference in this Code to a board of appeals shall mean the board of review created under this subsection. The board of review succeeds to the powers and duties of the board of appeals and has any powers and duties granted to it under this Code. All action of the board of review shall be by a majority vote of its members. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.) (35 ILCS 200/12-50) Sec. 12-50. Mailed notice to taxpayer after change by board of review or board of appeals. If final board of review or board of appeals action regarding any property, including equalization under Section 16-60 or Section 16-65, results in an increased or decreased assessment, the board shall mail a notice to the taxpayer, at his or her address as it appears in the assessment records, whose property is affected by such action, and in the case of a complaint filed with a board of review under Section 16-25 or 16-115, to the taxing body filing the complaint. A copy shall be given to the assessor or chief county assessment officer if his or her assessment was reversed or modified by the board. Written notice shall also be given to any taxpayer who filed a complaint in writing with the board and whose assessment was not changed. The notice shall set forth the assessed value prior to board action; the assessed value after final board action but prior to any equalization; and the assessed value as equalized by the board, if the board equalizes. This notice shall state that the value as certified to the county clerk by the board will be the locally assessed value of the property for that year and each succeeding year, unless revised in a succeeding year in the manner provided in this Code. The written notice shall also set forth specifically the facts upon which the board's decision is based. In counties with less than 3,000,000 inhabitants, the notice and shall
878 JOURNAL OF THE [March 11, 1999] also contain the following statement: "You may appeal this decision to the Property Tax Appeal Board by filing a petition for review with the Property Tax Appeal Board within 30 days after this notice is mailed to you or your agent, or is personally served upon you or your agent"; except that, in counties with 3,000,000 or more inhabitants the statement shall be included in the written notice (i) for residential property with 6 units or less beginning with assessments made for the 1996 assessment year and (ii) for all other property in counties with 3,000,000 or more inhabitants beginning with assessments made for the 1997 assessment year. In counties with 3,000,000 or more inhabitants, the notice shall also contain the following statement: "You may appeal this decision to the Property Tax Appeal Board by filing a petition for review with the Property Tax Appeal Board within 30 days after the date of this notice or within 30 days after the date that the Board of Review transmits to the county assessor pursuant to Section 16-125 its final action on the township in which your property is located, whichever is later". The Board shall publish its transmittal date of final action on each township in at least one newspaper of general circulation in the county. The changes made by this amendatory Act of the 91st General Assembly apply to the 1999 assessment year and thereafter. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.) (35 ILCS 200/16-95) Sec. 16-95. Powers and duties of board of appeals or review; complaints. In counties with 3,000,000 or more inhabitants, until the first Monday in December 1998, the board of appeals in any year shall, on complaint that any property is overassessed or underassessed, or is exempt, review and order the assessment corrected. Beginning the first Monday in December 1998 and thereafter, in counties with 3,000,000 or more inhabitants, the board of review: (1) shall, on upon written complaint of any taxpayer, or any taxing district that has an interest in the assessment, that any property is overassessed, underassessed, or exempt, review the assessment and confirm upon good cause shown, revise, correct, alter, or modify the any assessment, as appears to be just (or part of an assessment) of any real property; nothing in this Section, however, shall be construed to require a taxpayer to file a complaint with the board; and (2) may, upon written motion of any one or more members of the board that is made on or before the dates specified in notices given under Section 16-110 for each township and upon good cause shown, revise, correct, alter, or modify any assessment (or part of an assessment) of real property regardless of whether the taxpayer or owner of the property has filed a complaint with the board. An assessment shall not be increased until the person to be affected has been notified and given an opportunity to be heard. Before making any reduction in assessments of its own motion, the board shall give notice to the assessor or No assessment may be changed by the board on its own motion until the taxpayer in whose name the property is assessed and the chief county assessment officer who certified the assessment have been notified and given, and give the assessor or chief county assessment officer an opportunity to be heard thereon. All taxing districts shall have an opportunity to be heard on the matter. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.) (35 ILCS 200/16-125) Sec. 16-125. Hearings. In counties with 3,000,000 or more inhabitants, complaints filed with the board of appeals (until the first Monday in December 1998 and the board of review beginning the
HOUSE OF REPRESENTATIVES 879 first Monday in December 1998 and thereafter) shall be classified by townships. All complaints shall be docketed numerically, in the order in which they are presented, as nearly as possible, in books or computer records kept for that purpose, which shall be open to public inspection. The complaints shall be considered by townships until they have been heard and passed upon by the board. After completing final action on all matters in a township, the board shall transmit such final actions to the county assessor. A hearing upon any complaint shall not be held until the taxpayer affected and the county assessor have each been notified and have been given an opportunity to be heard. All hearings shall be open to the public and the board shall sit together and hear the representations of the interested parties or their representatives. An order for a correction of any assessment shall not be made unless both commissioners of the board, or a majority of the members in the case of a board of review, concur therein, in which case, an order therefor shall be made in open session and entered in the records of the board. When an assessment is ordered corrected, the board shall transmit a computer printout of the results, or make and sign a brief written statement of the reason for the change and the manner in which the method used by the assessor in making the assessment was erroneous, and shall deliver a copy of the statement to the county assessor. Upon request the board shall hear any taxpayer in opposition to a proposed reduction in any assessment. The board may destroy or otherwise dispose of complaints and records pertaining thereto after the lapse of 10 years from the date of filing. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.) (35 ILCS 200/16-160) Sec. 16-160. Property Tax Appeal Board; process. In counties with 3,000,000 or more inhabitants, beginning with assessments made for the 1996 assessment year for residential property of 6 units or less and beginning with assessments made for the 1997 assessment year for all other property, and for all property in any county other than a county with 3,000,000 or more inhabitants, any taxpayer dissatisfied with the decision of a board of review or board of appeals as such decision pertains to the assessment of his or her property for taxation purposes, or any taxing body that has an interest in the decision of the board of review or board of appeals on an assessment made by any local assessment officer, may, (i) in counties with less than 3,000,000 inhabitants within 30 days after the date of written notice of the decision of the board of review or (ii) in assessment year 1999 and thereafter in counties with 3,000,000 or more inhabitants within 30 days after the date of the board of review notice or within 30 days after the date that the board of review transmits to the county assessor pursuant to Section 16-125 its final action on the township in which the property is located, whichever is later Board of Appeals, appeal the decision to the Property Tax Appeal Board for review. In any appeal where the board of review or board of appeals has given written notice of the hearing to the taxpayer 30 days before the hearing, failure to appear at the board of review or board of appeals hearing shall be grounds for dismissal of the appeal unless a continuance is granted to the taxpayer. If an appeal is dismissed for failure to appear at a board of review or board of appeals hearing, the Property Tax Appeal Board shall have no jurisdiction to hear any subsequent appeal on that taxpayer's complaint. Such taxpayer or taxing body, hereinafter called the appellant, shall file a petition with the clerk of the Property Tax Appeal Board, setting forth the facts upon which he or she bases the objection, together with a statement of the contentions of law which he or she desires to raise, and the relief requested. If
880 JOURNAL OF THE [March 11, 1999] a petition is filed by a taxpayer, the taxpayer is precluded from filing objections based upon valuation, as may otherwise be permitted by Sections 21-175 and 23-5. However, any taxpayer not satisfied with the decision of the board of review or board of appeals as such decision pertains to the assessment of his or her property need not appeal the decision to the Property Tax Appeal Board before seeking relief in the courts. The changes made by this amendatory Act of the 91st General Assembly shall be effective beginning with the 1999 assessment year. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.) Section 99. Effective date. This Act takes effect upon becoming law.". Floor Amendment No. 2 remained in the Committee on Rules. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 928 AMENDMENT NO. 3. Amend House Bill 928, AS AMENDED, in Section 5 by replacing Sec. 5-5 with the following: "(35 ILCS 200/5-5) Sec. 5-5. Election of commissioners of board of review; counties of 3,000,000 or more. (a) In counties with 3,000,000 or more inhabitants, on the first Tuesday after the first Monday in November 1994, 2 commissioners of the board of appeals shall be elected to hold office from the first Monday in December following their election and until the first Monday in December 1998. In case of any vacancy, the chief judge of the circuit court or any judge of that circuit designated by the chief judge shall fill the vacancy by appointment. The commissioners shall be electors in the particular county at the time of their election or appointment and shall hold no other lucrative public office or public employment. Each commissioner shall receive compensation fixed by the county board, which shall be paid out of the county treasury and which shall not be changed during the term for which any commissioner is elected or appointed. Effective the first Monday in December 1998, the board of appeals is abolished. The board of appeals shall maintain sufficient evidentiary records to support all decisions made by the board of appeals. All records, data, sales/ratio studies, and other information necessary for the board of review elected under subsection (c) to perform its functions and duties shall be transferred by the board of appeals to the board of review on the first Monday in December 1998. (b) (Blank). (c) In each county with 3,000,000 or more inhabitants, there is created a board of review. The board of review shall consist of 3 commissioners members, one elected from each election district in the county at the general election in 1998 to hold office for a term beginning on the first Monday in December following their election and until their respective successors are elected and qualified. No later than June 1, 1996, the General Assembly shall establish the boundaries for the 3 election districts in each county with 3,000,000 or more inhabitants. The election districts shall be compact, contiguous, and have substantially the same population based on the 1990 federal decennial census. One district shall be designated as the first election district, one as the second election district, and one as the third election district. The commissioner member from each district shall be elected to a term of 4 years.
HOUSE OF REPRESENTATIVES 881 In the year following each federal decennial census, the General Assembly shall reapportion the election districts to reflect the results of the census. The reapportioned districts shall be compact, contiguous, and contain substantially the same population. The commissioner member from the first district shall be elected to terms of 4 years, 4 years, and 2 years. The commissioner member from the second district shall be elected to terms of 4 years, 2 years, and 4 years. The commissioner member from the third district shall be elected to terms of 2 years, 4 years, and 4 years. In case of vacancy, the chief judge of the circuit court or any judge of the circuit court designated by the chief judge shall fill the vacancy by appointment of a person from the same political party. If the vacancy is filled with more than 28 months remaining in the term, the appointed commissioner member shall serve until the next general election, at which time a commissioner member shall be elected to serve for the remainder of the term. If a vacancy is filled with 28 months or less remaining in the term, the appointment shall be for the remainder of the term. The commissioners members shall be electors within their respective election district at the time of their election or appointment and shall hold no other lucrative public office or public employment. Each commissioner member shall receive compensation fixed by the county board, which shall be paid from the county treasury. Compensation for each commissioner member shall be equitable and shall not be changed during the term for which that commissioner member is elected or appointed. The county shall provide suitable office space for the board of review. For the year beginning on the first Monday in December 1998 and ending the first Monday in December 1999, and every fourth year thereafter, the chair of the board shall be the commissioner member elected from the first district. For the year beginning the first Monday in December 1999 and ending the first Monday in December 2000, and every fourth year thereafter, the chair of the board shall be the commissioner member elected from the second district. For the year beginning the first Monday in December 2000 and ending the first Monday in December 2001, and every fourth year thereafter, the chair shall be the commissioner member elected from the third district. For the year beginning the first Monday in December 2001 and ending the first Monday in December 2002, and every fourth year thereafter, the chair of the board shall be determined by lot. On and after the first Monday in December, 1998, any reference in this Code to a board of appeals shall mean the board of review created under this subsection, and any reference to a member of a board of review shall mean a commissioner of a board of review. The board of review succeeds to the powers and duties of the board of appeals and has any powers and duties granted to it under this Code. All action of the board of review shall be by a majority vote of its commissioners members. (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)". 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).
882 JOURNAL OF THE [March 11, 1999] On motion of Representative Beaubien, HOUSE BILL 1294 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Wojcik, HOUSE BILL 471 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: 88, Yeas; 13, Nays; 11, 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. On motion of Representative Shirley Jones, HOUSE BILL 2149 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 1, 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. On motion of Representative Stephens, HOUSE BILL 573 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 1, Nays; 1, 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. On motion of Representative Erwin, HOUSE BILL 1331 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; 5, 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. On motion of Representative Cross, HOUSE BILL 1964 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: 101, Yeas; 13, Nays; 1, Answering Present. (ROLL CALL 24)
HOUSE OF REPRESENTATIVES 883 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 Garrett, HOUSE BILL 2679 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 25) 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 Bellock, HOUSE BILL 895 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 26) 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 Holbrook, HOUSE BILL 831 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 27) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Beaubien, HOUSE BILL 1476 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: 91, Yeas; 23, Nays; 1, Answering Present. (ROLL CALL 28) 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 Coulson, HOUSE BILL 2272 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; 1, Answering Present. (ROLL CALL 29) 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
884 JOURNAL OF THE [March 11, 1999] By unanimous consent, on motion of Representative Wojcik, HOUSE BILL 1340 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Steve Davis, HOUSE BILL 112 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Skinner, HOUSE BILL 390 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Cross, HOUSE BILL 649 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 1399. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1399 AMENDMENT NO. 1. Amend House Bill 1399 on page 2, by replacing lines 13 through 17 with the following: "Those children who are in the categories set forth in subdivisions (4)(F) and (4)(G) of this subsection, who enter the United States on or after August 22, 1996, shall not be eligible for 5 years beginning on the date the child entered the United States.". Representative Silva moved to table Amendment No. 1. And on that motion, a vote was taken resulting as follows: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 30) The motion prevailed and the amendment was tabled. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 2631. Having been printed, was taken up and read by title a second time. Representative Smith offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2631 AMENDMENT NO. 1. Amend House Bill 2631 by replacing everything after the enacting clause with the following: "Section 5. The Drycleaner Environmental Response Trust Fund Act is amended by changing Sections 5, 10, 40, 45, 60, 75, 80, and 85 as follows: (415 ILCS 135/5) Sec. 5. Definitions. As used in this Act: (a) "Active drycleaning facility" means a drycleaning facility actively engaged in drycleaning operations and licensed under Section
HOUSE OF REPRESENTATIVES 885 60 of this Act. (b) "Agency" means the Illinois Environmental Protection Agency. (c) "Claimant" means an owner or operator of a drycleaning facility who has applied for reimbursement from the remedial account or who has submitted a claim under the insurance account with respect to a release. (d) "Council" means the Drycleaner Environmental Response Trust Fund Council. (e) "Drycleaner Environmental Response Trust Fund" or "Fund" means the fund created under Section 10 of this Act. (f) "Drycleaning facility" means a facility located in this State that is or has been engaged in drycleaning operations for the general public, other than a: (1) facility located on a United States military base; (2) industrial laundry, commercial laundry, or linen supply facility; (3) prison or other penal institution that engages in drycleaning only as part of a Correctional Industries program to provide drycleaning to persons who are incarcerated in a prison or penal institution or to resident patients of a State-operated mental health facility; (4) not-for-profit hospital or other health care facility; or a (5) facility located or formerly located on federal or State property. (g) "Drycleaning operations" means drycleaning of apparel and household fabrics for the general public, as described in Standard Industrial Classification Industry No. 7215 and No. 7216 in the Standard Industrial Classification Manual (SIC) by the Technical Committee on Industrial Classification. (h) "Drycleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in drycleaning operations. (i) "Emergency" or "emergency action" means a situation or an immediate response to a situation to protect public health or safety. "Emergency" or "emergency action" does not mean removal of contaminated soils, recovery of free product, or financial hardship. An "emergency" or "emergency action" would normally be expected to be directly related to a sudden event or discovery and would last until the threat to public health is mitigated. (j) "Groundwater" means underground water that occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than the atmospheric pressure. (k) "Inactive drycleaning facility" means a drycleaning facility that is not being used for drycleaning operations and is not registered under this Act. (l) "Maintaining a place of business in this State" or any like term means (1) having or maintaining within this State, directly or through a subsidiary, an office, distribution facility, distribution house, sales house, warehouse, or other place of business or (2) operating within this State as an agent or representative for a person or a person's subsidiary engaged in the business of selling to persons within this State, irrespective of whether the place of business or agent or other representative is located in this State permanently or temporary, or whether the person or the person's subsidiary engages in the business of selling in this State. (m) "No Further Remediation Letter" means a letter provided by the Agency pursuant to Section 58.10 of Title XVII of the Environmental Protection Act. (n) "Operator" means a person or entity holding a business license to operate a licensed drycleaning facility or the business
886 JOURNAL OF THE [March 11, 1999] operation of which the drycleaning facility is a part. (o) "Owner" means (1) a person who owns or has possession or control of a drycleaning facility at the time a release is discovered, regardless of whether the facility remains in operation or (2) a parent corporation of the person under item (1) of this subdivision. (p) "Parent corporation" means a business entity or other business arrangement that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a drycleaning facility. (q) "Person" means an individual, trust, firm, joint stock company, corporation, consortium, joint venture, or other commercial entity. (r) "Program year" means the period beginning on July 1 and ending on the following June 30, except that the initial "program year" means the period beginning on July 1, 1997 or on the effective date of this Act and ending on June 30, 1998. (s) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or dispersing of drycleaning solvents from a drycleaning facility to groundwater, surface water, or subsurface soils. (t) "Remedial action" means activities taken to comply with Sections 58.6 and 58.7 of the Environmental Protection Act and rules adopted by the Pollution Control Board under those Sections. (u) "Responsible party" means an owner, operator, or other person financially responsible for costs of remediation of a release of drycleaning solvents from a drycleaning facility. (v) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender, or any other person who provides a product or service for which a claim for reimbursement has been or will be filed against the remedial account or insurance account, or a subcontractor of such a person. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/10) Sec. 10. Drycleaner Environmental Response Trust Fund. (a) The Drycleaner Environmental Response Trust Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund shall be used solely for the purposes of the Council, for the retention by the Agency of a firm of certified public accountants to annually examine and audit the Council's activities as described in Section 80, and for other purposes as provided in this Act. The Fund shall include moneys credited to the Fund under this Act and other moneys that by law may be credited to the Fund. The State Treasurer may invest Funds deposited into the Fund at the direction of the Council. Interest, income from the investments, and other income earned by the Fund shall be credited to and deposited into the Fund. Pursuant to appropriation, all moneys in the Drycleaner Environmental Response Trust Fund shall be disbursed by the Agency to the Council for the purpose of making disbursements, if any, in accordance with this Act and for the purpose of paying the ordinary and contingent expenses of the Council. After June 30, 1999, pursuant to appropriation, all moneys in the Drycleaner Environmental Response Trust Fund may be used by the Council for the purpose of making disbursements, if any, in accordance with this Act and for the purpose of paying the ordinary and contingent expenses of the Council. As soon as may be practicable after June 30, 1997, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Drycleaner Environmental Response Trust Fund $375,000 for the ordinary and contingent expenses
HOUSE OF REPRESENTATIVES 887 of the Council. As soon as may be practicable after December 31, 1997, the Comptroller shall order transferred and the Treasurer shall transfer from the Drycleaner Environmental Response Trust Fund to the General Revenue Fund $375,000 plus interest at the rate of 6% per annum. The Fund may be divided into different accounts with different depositories to fulfill the purposes of the Act as determined by the Council. Moneys in the Fund at the end of a State fiscal year shall be carried forward to the next fiscal year and shall not revert to the General Revenue Fund. (b) The specific purposes of the Fund include but are not limited to the following: (1) To establish an account to fund remedial action of drycleaning solvent releases from drycleaning facilities as provided by Section 40. (2) To establish an insurance account for insuring environmental risks from releases from drycleaning facilities within this State as provided by Section 45. (c) The State, the General Revenue Fund, and any other Fund of the State, other than the Drycleaner Environmental Response Trust Fund, shall not be liable for a claim or cause of action in connection with a drycleaning facility not owned or operated by the State or an agency of the State. All expenses incurred by the Fund shall be payable solely from the Fund and no liability or obligation shall be imposed upon the State. The State is not liable for a claim presented against the Fund. (d) The liability of the Fund is limited to the extent of coverage provided by the account under which a claim is submitted, subject to the terms and conditions of that coverage. The liability of the Fund is further limited by the moneys made available to the Fund, and no remedy shall be ordered that would require the Fund to exceed its then current funding limitations to satisfy an award or which would restrict the availability of moneys for higher priority sites. (e) Nothing in this Act shall be construed to limit, restrict, or affect the authority and powers of the Agency or another State agency or statute unless the State agency or statute is specifically referenced and the limitation is clearly set forth in this Act. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/40) Sec. 40. Remedial action account. (a) The remedial action account is established to provide reimbursement to eligible claimants for drycleaning solvent investigation, remedial action planning, and remedial action activities for existing drycleaning solvent contamination discovered at their drycleaning facilities. (b) The following persons are eligible for reimbursement from the remedial action account: (1) In the case of claimant who is the owner or operator of an active drycleaning facility licensed by the Council under this Act at the time of application for remedial action benefits afforded under the Fund, the claimant is only eligible for reimbursement of remedial action costs incurred in connection with a release from that drycleaning facility, subject to any other limitations under this Act. (2) In the case of a claimant who is the owner of an inactive drycleaning facility and was the owner or operator of the drycleaning facility when it was an active drycleaning facility, the claimant is only eligible for reimbursement of remedial action costs incurred in connection with a release from
888 JOURNAL OF THE [March 11, 1999] the drycleaning facility, subject to any other limitations under this Act. (c) An eligible claimant requesting reimbursement from the remedial action account shall meet all of the following: (1) The claimant demonstrates that the source of the release is from the claimant's drycleaning facility. (2) At the time the release was discovered by the claimant, the claimant and the drycleaning facility were in compliance with the Agency reporting and technical operating requirements. (3) The claimant reported the release in a timely manner to the Agency in accordance with State law. (4) The claimant applying for reimbursement has not filed for bankruptcy on or after the date of his or her discovery of the release. (5) If the claimant is the owner or operator of an active drycleaning facility, the claimant has provided to the Council proof of implementation and maintenance of the following pollution prevention measures: (A) That all drycleaning solvent wastes generated at a drycleaning facility be managed in accordance with applicable State waste management laws and rules. (B) A prohibition on the discharge of wastewater from drycleaning machines or of drycleaning solvent from drycleaning operations to a sanitary sewer or septic tank or to the surface or in groundwater. (C) That every drycleaning facility: (I) install a containment dike or other containment structure around each machine or item of equipment or the entire drycleaning area in which any drycleaning solvent is utilized, which shall be capable of containing any leak, spill, or release of drycleaning solvent from that machine, item, or area; and (II) seal or otherwise render impervious those portions of diked floor surfaces on which a drycleaning solvent may leak, spill, or otherwise be released. (D) A requirement that all drycleaning solvent shall be delivered to drycleaning facilities by means of closed, direct-coupled delivery systems. (6) An active drycleaning facility has maintained continuous financial assurance for environmental liability coverage in the amount of at least $500,000 at least since the date of award of benefits under this Section or July 1, 2000 1998, whichever is earlier. (7) The release was discovered on or after July 1, 1997 and before July 1, 2004 2002. (d) A claimant shall submit a completed application form provided by the Council. The application shall contain documentation of activities, plans, and expenditures associated with the eligible costs incurred in response to a release of drycleaning solvent from a drycleaning facility. Application for remedial action account benefits must be submitted to the Council on or before June 30, 2003 2002. (e) Claimants shall be subject to the following deductible requirements, unless modified pursuant to the Council's authority under Section 75: (1) An eligible claimant submitting a claim for an active drycleaning facility is responsible for the first $5,000 of eligible investigation costs and for the first $10,000 of eligible remedial action costs incurred in connection with the release from the drycleaning facility and is only eligible for
HOUSE OF REPRESENTATIVES 889 reimbursement for costs that exceed those amounts, subject to any other limitations of this Act. (2) An eligible claimant submitting a claim for an inactive drycleaning facility is responsible for the first $10,000 of eligible investigation costs and for the first $10,000 of eligible remedial action costs incurred in connection with the release from that drycleaning facility, and is only eligible for reimbursement for costs that exceed those amounts, subject to any other limitations of this Act. (f) Claimants are subject to the following limitations on reimbursement: (1) Subsequent to meeting the deductible requirements of subsection (e), and pursuant to the requirements of Section 75, reimbursement shall not exceed: (A) $160,000 per active drycleaning facility for which an eligible claim is submitted during the initial program year beginning July 1, 1999; (B) $150,000 per active drycleaning facility for which an eligible claim is submitted during the program year beginning July 1, 2000 1998; (C) $140,000 per active drycleaning facility for which an eligible claim is submitted during the program year beginning July 1, 2001 1999; (D) $130,000 per active drycleaning facility for which an eligible claim is submitted during the program year beginning July 1, 2002 2000; (E) $120,000 per active drycleaning facility for which an eligible claim is submitted during the program year beginning July 1, 2003 2001; or (F) $50,000 per inactive drycleaning facility. (2) A contract in which one of the parties to the contract is a claimant, for goods or services that may be payable or reimbursable from the Council, is void and unenforceable unless and until the Council has found that the contract terms are within the range of usual and customary rates for similar or equivalent goods or services within this State and has found that the goods or services are necessary for the claimant to comply with Council standards or other applicable regulatory standards. (3) A claimant may appoint the Council as an agent for the purposes of negotiating contracts with suppliers of goods or services reimbursable by the Fund. The Council may select another contractor for goods or services other than the one offered by the claimant if the scope of the proposed work or actual work of the claimant's offered contractor does not reflect the quality of workmanship required or if the costs are determined to be excessive, as determined by the Council. (4) The Council may require a claimant to obtain and submit 3 bids and may require specific terms and conditions in a contract subject to approval. (5) The Council may enter into a contract or an exclusive contract with the supplier of goods or services required by a claimant or class of claimants, in connection with an expense reimbursable from the Fund, for a specified good or service at a gross maximum price or fixed rate, and may limit reimbursement accordingly. (6) Unless emergency conditions exist, a service provider shall obtain the Council's approval of the budget for the remediation work before commencing the work. No expense incurred that is above the budgeted amount shall be paid unless the Council approves the expense prior to its being incurred. All invoices and bills relating to the remediation work shall be
890 JOURNAL OF THE [March 11, 1999] submitted with appropriate documentation, as deemed necessary by the Council, not later than 30 days after the work has been performed. (7) Neither the Council nor an eligible claimant is responsible for payment for costs incurred that have not been previously approved by the Council, unless an emergency exists. (8) The Council may determine the usual and customary costs of each item for which reimbursement may be awarded under this Section. The Council may revise the usual and customary costs from time to time as necessary, but costs submitted for reimbursement shall be subject to the rates in effect at the time the costs were incurred. (9) If a claimant has pollution liability insurance coverage other than coverage provided by the insurance account under this Act, that coverage shall be primary. Reimbursement from the remedial account shall be limited to the deductible amounts under the primary coverage and the amount that exceeds the policy limits of the primary coverage, subject to the deductible amounts of this Act. If there is a dispute between the claimant and the primary insurance provider, reimbursement from the remedial action account may be made to the claimant after the claimant assigns all of his or her interests in the insurance coverage to the Council. (g) The source of funds for the remedial action account shall be moneys allocated to the account by the Council according to the Fund budget approved by the Council. (h) A drycleaning facility will be classified as active or inactive for purposes of determining benefits under this Section based on the status of the facility on the date a claim is filed. (i) Eligible claimants shall conduct remedial action in accordance with the Site Remediation Program under the Environmental Protection Act and Part 740 of Title 35 of the Illinois Administrative Code and the Tiered Approach to Cleanup Objectives under Part 742 of Title 35 of the Illinois Administrative Code. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/45) Sec. 45. Insurance account. (a) The insurance account shall offer financial assurance for a qualified owner or operator of a drycleaning facility under the terms and conditions provided for under this Section. Coverage may be provided to either the owner or the operator of a drycleaning facility. The Council is not required to resolve whether the owner or operator, or both, are responsible for a release under the terms of an agreement between the owner and operator. (b) The source of funds for the insurance account shall be as follows: (1) Moneys appropriated to the Council or moneys allocated to the insurance account by the Council according to the Fund budget approved by the Council. (2) Moneys collected as an insurance premium, including service fees, if any. (3) Investment income attributed to the insurance account by the Council. (c) An owner or operator may purchase coverage of up to $500,000 per drycleaning facility subject to the terms and conditions under this Section and those adopted by the Council. Coverage shall be limited to remedial action costs associated with soil and groundwater contamination resulting from a release of drycleaning solvent at an insured drycleaning facility, including third-party liability for soil and groundwater contamination. Coverage is not provided for a release that occurred before the date of coverage.
HOUSE OF REPRESENTATIVES 891 (d) An owner or operator, subject to underwriting requirements and terms and conditions deemed necessary and convenient by the Council, may purchase insurance coverage from the insurance account provided that the drycleaning facility to be insured meets the following conditions: (1) a site investigation designed to identify soil and groundwater contamination resulting from the release of a drycleaning solvent has been completed. The Council shall determine if the site investigation is adequate. This investigation must be completed by June 30, 2003 2002. For drycleaning facilities that become active after June 30, 2003 2002, the site investigation must be completed prior to issuance of insurance coverage; and (2) the drycleaning facility is participating in and meets all requirements of a drycleaning compliance program approved by the Council. (e) The annual premium for insurance coverage shall be: (1) For the year July 1, 1999 through June 30, 2000 initial program year, $250 per drycleaning facility. (2) For the year July 1, 2000 1998 through June 30, 2001 1999, $375 per drycleaning facility. (3) For the year July 1, 2001 1999 through June 30, 2002 2000, $500 per drycleaning facility. (4) For the year July 1, 2002 2000 through June 30, 2003 2001, $625 per drycleaning facility. (5) For subsequent years, an owner or operator applying for coverage shall pay an annual actuarially-sound insurance premium for coverage by the insurance account. The Council may approve Fund coverage through the payment of a premium established on an actuarially-sound basis, taking into consideration the risk to the insurance account presented by the insured. Risk factor adjustments utilized to determine actuarially-sound insurance premiums should reflect the range of risk presented by the variety of drycleaning systems, monitoring systems, drycleaning volume, risk management practices, and other factors as determined by the Council. As used in this item, "actuarially sound" is not limited to Fund premium revenue equaling or exceeding Fund expenditures for the general drycleaning facility population. Actuarially-determined premiums shall be published at least 180 days prior to the premiums becoming effective. (f) If coverage is purchased for any part of a year, the purchaser shall pay the full annual premium. The insurance premium is fully earned upon issuance of the insurance policy. (g) The insurance coverage shall be provided with a $10,000 deductible policy. (h) A future repeal of this Section shall not terminate the obligations under this Section or authority necessary to administer the obligations until the obligations are satisfied, including but not limited to the payment of claims filed prior to the effective date of any future repeal against the insurance account until moneys in the account are exhausted. Upon exhaustion of the moneys in the account, any remaining claims shall be invalid. If moneys remain in the account following satisfaction of the obligations under this Section, the remaining moneys and moneys due the account shall be used to assist current insureds to obtain a viable insuring mechanism as determined by the Council after public notice and opportunity for comment. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/60) (Section scheduled to be repealed on July 1, 2007) Sec. 60. Drycleaning facility license.
892 JOURNAL OF THE [March 11, 1999] (a) On and after January 1, 1998, no person shall operate a drycleaning facility in this State without a license issued by the Council. (b) The Council shall issue an initial or renewal license to a drycleaning facility on submission by an applicant of a completed form prescribed by the Council and proof of payment of the required fee to the Department of Revenue. (c) The annual fees for licensure are as follows: (1) $500 for a facility that purchases 140 gallons or less of chlorine-based drycleaning solvents annually or 1400 gallons or less of hydrocarbon-based drycleaning solvents annually. (2) $1,000 for a facility that purchases more than 140 gallons but less than 360 gallons of chlorine-based drycleaning solvents annually or more than 1400 gallons but less than 3600 gallons of hydrocarbon-based drycleaning solvents annually. (3) $1,500 for a facility that purchases 360 gallons or more of chlorine-based drycleaning solvents annually or 3600 gallons or more of hydrocarbon-based drycleaning solvents annually. For purpose of this subsection, the quantity of drycleaning solvents purchased annually shall be determined as follows: (1) in the case of an initial applicant, the quantity of drycleaning solvents that the applicant estimates will be used during his or her initial license year. A fee assessed under this subdivision is subject to audited adjustment for that year; or (2) in the case of a renewal applicant, the quantity of drycleaning solvents actually used in the preceding license year. The Council may adjust licensing fees annually based on the published Consumer Price Index - All Urban Consumers ("CPI-U") or as otherwise determined by the Council. (d) A license issued under this Section shall expire one year after the date of issuance and may be renewed on reapplication to the Council and submission of proof of payment of the appropriate fee to the Department of Revenue in accordance with subsections (c) and (e). At least 30 days before payment of a renewal licensing fee is due, the Council shall attempt to: (1) notify the operator of each licensed drycleaning facility concerning the requirements of this Section; and (2) submit a license fee payment form to the licensed operator of each drycleaning facility. (e) An operator of a drycleaning facility shall submit the appropriate application form provided by the Council with the license fee in the form of cash or guaranteed remittance to the Department of Revenue. The license fee payment form and the actual license fee payment shall be administered by the Department of Revenue under rules adopted by that Department. (f) The Department of Revenue shall issue a proof of payment receipt to each operator of a drycleaning facility who has paid the appropriate fee in cash or by guaranteed remittance. However, the Department of Revenue shall not issue a proof of payment receipt to a drycleaning facility that is liable to the Department of Revenue for a tax imposed under this Act. The original receipt shall be presented to the Council by the operator of a drycleaning facility. (g) An operator of a dry cleaning facility who is required to pay a license fee under this Act and fails to pay the license fee when the fee is due shall be assessed a penalty of $5 for each day after the license fee is due and until the license fee is paid. The penalty shall be effective for license fees due on or after July 1, 1999. (h) The Council and the Department of Revenue may adopt rules as
HOUSE OF REPRESENTATIVES 893 necessary to administer the licensing requirements of this Act. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/75) Sec. 75. Adjustment of fees and taxes. Beginning January 1, 2000 1999, and annually after that date, the Council shall adjust the copayment obligation of subsection (e) of Section 40, the drycleaning solvent taxes of Section 65, the license fees of Section 60, or any combination of adjustment of each, after notice and opportunity for public comment, in a manner determined necessary and appropriate to ensure viability of the Fund. Viability of the Fund shall consider the settlement of all current claims subject to prioritization of benefits under subsection (c) of Section 25, consistent with the purposes of this Act. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/80) Sec. 80. Audits and reports. (a) The accounts, books, and other financial records of the Council, including but not limited to its receipts, disbursements, contracts, and other matters relating to its finance, operation, and affairs, shall be examined and audited annually by the Auditor General in accordance with the audit standards under the Illinois State Auditing Act. This audit shall be provided to the Agency for review. (b) Upon request by the Auditor General, the Council Agency shall retain a firm of certified public accountants to examine and audit the Council as described in subsection (a) on behalf of the Auditor General. (c) The accounts, books, and other financial records of the Council shall be maintained in accordance with the State Records Act and accepted accounting practices established by the State. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/85) Sec. 85. Repeal of fee and tax provisions. Sections 60 and 65 of this Act are repealed on January 1, 2010 July1, 2007. (Source: P.A. 90-502, eff. 8-19-97.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 462. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Mental Health & Patient Abuse, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 462 AMENDMENT NO. 1. Amend House Bill 462 by replacing the title with the following: "AN ACT regarding person with disabilities, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 57 as follows: (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
894 JOURNAL OF THE [March 11, 1999] Sec. 57. In order to identify the service needs of persons with autism, the Department shall study the needs of the population. The Department shall submit service needs reports to the General Assembly annually which shall supplement the report submitted in accordance with Public Act 84-1291. The reports shall include an analysis of progress made since the submission of that report in the areas outlined in that report, with emphasis on the following areas: a. Early intervention services for children with autism and their parents; b. Enhancement of family support mechanisms to enable persons with autism to remain in a family home environment. The Department shall include in the report a plan to provide family support mechanisms to enable persons with autism to remain in a family home environment; c. Services for adequate transition for people with autism from public school programs to adult work and day programs; and d. Facilitation of placement of persons with autism in the least restrictive community setting. For the purpose of this service needs review, autism means a severely incapacitating life-long developmental disability which: a. may be manifested before a person is 30 months of age, b. may be caused by physical disorders of the brain, and c. is characterized by uneven intellectual development and a combination of disturbances in the rates and sequences of cognitive, affective, psychomotor, language and speech development. This syndrome is further evidenced by abnormal responses to sensory stimuli, problems in developing social relationships, and ritualistic and compulsive behavior. (Source: P.A. 85-971.) Section 10. The Illinois Public Aid Code is amended by changing Section 5-2 as follows: (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) Sec. 5-2. Classes of Persons Eligible. Medical assistance under this Article shall be available to any of the following classes of persons in respect to whom a plan for coverage has been submitted to the Governor by the Illinois Department and approved by him: 1. Recipients of basic maintenance grants under Articles III and IV. 2. Persons otherwise eligible for basic maintenance under Articles III and IV but who fail to qualify thereunder on the basis of need, and who have insufficient income and resources to meet the costs of necessary medical care, including but not limited to, all persons who would be determined eligible for such basic maintenance under Article IV by disregarding the maximum earned income permitted by federal law. 3. Persons who would otherwise qualify for Aid to the Medically Indigent under Article VII. 4. Persons not eligible under any of the preceding paragraphs who fall sick, are injured, or die, not having sufficient money, property or other resources to meet the costs of necessary medical care or funeral and burial expenses. 5. (a) Women during pregnancy, after the fact of pregnancy has been determined by medical diagnosis, and during the 60-day period beginning on the last day of the pregnancy, together with their infants and children born after September 30, 1983, whose income and resources are insufficient to meet the costs of necessary medical care to the maximum extent possible under Title XIX of the Federal Social Security Act. (b) The Illinois Department and the Governor shall provide a plan for coverage of the persons eligible under paragraph 5(a) by April 1, 1990. Such plan shall provide ambulatory prenatal
HOUSE OF REPRESENTATIVES 895 care to pregnant women during a presumptive eligibility period and establish an income eligibility standard that is equal to 133% of the nonfarm income official poverty line, as defined by the federal Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, applicable to families of the same size, provided that costs incurred for medical care are not taken into account in determining such income eligibility. (c) The Illinois Department may conduct a demonstration in at least one county that will provide medical assistance to pregnant women, together with their infants and children up to one year of age, where the income eligibility standard is set up to 185% of the nonfarm income official poverty line, as defined by the federal Office of Management and Budget. The Illinois Department shall seek and obtain necessary authorization provided under federal law to implement such a demonstration. Such demonstration may establish resource standards that are not more restrictive than those established under Article IV of this Code. 6. Persons under the age of 18 who fail to qualify as dependent under Article IV and who have insufficient income and resources to meet the costs of necessary medical care to the maximum extent permitted under Title XIX of the Federal Social Security Act. 7. Persons who are 18 years of age or younger and would qualify as disabled as defined under the Federal Supplemental Security Income Program, provided medical service for such persons would be eligible for Federal Financial Participation, and provided the Illinois Department determines that: (a) the person requires a level of care provided by a hospital, skilled nursing facility, or intermediate care facility, as determined by a physician licensed to practice medicine in all its branches; (b) it is appropriate to provide such care outside of an institution, as determined by a physician licensed to practice medicine in all its branches; (c) the estimated amount which would be expended for care outside the institution is not greater than the estimated amount which would be expended in an institution. 8. Persons who become ineligible for basic maintenance assistance under Article IV of this Code in programs administered by the Illinois Department due to employment earnings and persons in assistance units comprised of adults and children who become ineligible for basic maintenance assistance under Article VI of this Code due to employment earnings. The plan for coverage for this class of persons shall: (a) extend the medical assistance coverage for up to 12 months following termination of basic maintenance assistance; and (b) offer persons who have initially received 6 months of the coverage provided in paragraph (a) above, the option of receiving an additional 6 months of coverage, subject to the following: (i) such coverage shall be pursuant to provisions of the federal Social Security Act; (ii) such coverage shall include all services covered while the person was eligible for basic maintenance assistance; (iii) no premium shall be charged for such coverage; and (iv) such coverage shall be suspended in the event of a person's failure without good cause to file in a timely fashion reports required for this coverage under the Social Security Act and coverage shall be reinstated upon the
896 JOURNAL OF THE [March 11, 1999] filing of such reports if the person remains otherwise eligible. 9. Persons with acquired immunodeficiency syndrome (AIDS) or with AIDS-related conditions with respect to whom there has been a determination that but for home or community-based services such individuals would require the level of care provided in an inpatient hospital, skilled nursing facility or intermediate care facility the cost of which is reimbursed under this Article. Assistance shall be provided to such persons to the maximum extent permitted under Title XIX of the Federal Social Security Act. 10. Participants in the long-term care insurance partnership program established under the Partnership for Long-Term Care Act who meet the qualifications for protection of resources described in Section 25 of that Act. 11. Persons who are older than 18 years of age and have been receiving benefits under paragraph 7 of this Section shall remain eligible for continued benefits at the same level of care, provided that a physician, licensed to practice medicine in all its branches, annually determines that the person requires the level of care provided by a hospital, skilled nursing facility, or intermediate care facility. Continued benefits shall not be dependent on the person meeting eligibility requirements for federal financial participation. The Illinois Department and the Governor shall provide a plan for coverage of the persons eligible under paragraph 7 as soon as possible after July 1, 1984. The eligibility of any such person for medical assistance under this Article is not affected by the payment of any grant under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. The Department shall by rule establish the amounts of assets to be disregarded in determining eligibility for medical assistance, which shall at a minimum equal the amounts to be disregarded under the Federal Supplemental Security Income Program. The amount of assets of a single person to be disregarded shall not be less than $2,000, and the amount of assets of a married couple to be disregarded shall not be less than $3,000. To the extent permitted under federal law, any person found guilty of a second violation of Article VIIIA shall be ineligible for medical assistance under this Article, as provided in Section 8A-8. The eligibility of any person for medical assistance under this Article shall not be affected by the receipt by the person of donations or benefits from fundraisers held for the person in cases of serious illness, as long as neither the person nor members of the person's family have actual control over the donations or benefits or the disbursement of the donations or benefits. (Source: P.A. 89-525, eff. 7-19-96.)". 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 Leitch, HOUSE BILL 1713 was taken up and read by title a third time.
HOUSE OF REPRESENTATIVES 897 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 31) 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 Gash, HOUSE BILL 323 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 32) 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 631. 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 631 AMENDMENT NO. 1. Amend House Bill 631 by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Section 5.490 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Illinois Adoption Registry and Medical Information Exchange Fund. Section 10. The Adoption Act is amended by adding Sections 18.051, 18.052, 18.053, 18.054, 18.055, 18.056, 18.057, 18.058, 18.059, 18.060, 18.061, 18.062, and 18.063 and changing Section 18.3a as follows: (750 ILCS 50/18.051 new) Sec. 18.051. The Illinois Adoption Registry and Medical Information Exchange; legislative intent. The General Assembly recognizes the importance of creating a procedure by which birth families, adoptive families, legal guardians of surrendered children, and adult adopted or surrendered persons can exchange vital medical information throughout the life of the adopted or surrendered person. The General Assembly further recognizes that it is in the best interest of adopted and surrendered persons and their birth and adoptive families that birth family medical histories and the preferences regarding contact of all parties to an adoption be compiled, preserved and provided, upon request, to the adoptive parents and legal guardians of adopted or surrendered children and to adult adopted or surrendered persons and their birth and adoptive relatives. The purpose of this amendatory Act of the 91st General Assembly is to respond to these concerns by redefining the function and operation of the Illinois Adoption Registry and creating the Medical Information Exchange. (750 ILCS 50/18.052 new)
898 JOURNAL OF THE [March 11, 1999] Sec. 18.052. Definitions. When used in Sections 18.051 through 18.063, unless the context otherwise requires: "Adopted person" means a person who was adopted pursuant to the laws in effect at the time of the adoption. "Adoptive parent" means a person who has become a parent through the legal process of adoption. "Adoptive relative" means the widow or widower or an adult child or grandparent of a deceased adopted or surrendered person. "Agency" means a public child welfare agency or a licensed child welfare agency. "Birth father" means the biological father of an adopted or surrendered person who is named on the original birth certificate, in the agency or court file, on a consent or surrender document, or a notarized statement duly executed and signed by the birth mother, or a biological father whose paternity has been established by a judgment or order of the court. "Birth mother" means the biological mother of an adopted or surrendered person. "Birth parent" means a parent, by birth, of an adopted or surrendered person. "Birth relative" means the adult biological full or half sibling or birth grandparent of an adopted or surrendered person or the biological sibling or adoptive child of his or her birth parent. "Illinois Adoption Registry Authorization" means a document issued by the Department of Public Health which entitles an adopted person who is the subject of a Registry match to receive copies of his or her original birth certificate, judgment for adoption, and certain documents and records in the possession of the agency or attorney that was involved in the adoption proceedings or surrender. "Information Exchange Authorization" means an affidavit completed by an applicant to the Illinois Adoption Registry and Medical Information Exchange authorizing the release of his or her name and address to a specified party or parties. "Information Exchange Denial" means an affidavit completed by an applicant to the Illinois Adoption Registry and Medical Information Exchange denying the release of his or her name and address to a specified party or parties. "Interested party" means an adoptive parent or legal guardian of an adopted or surrendered person under the age of 18, an adopted or surrendered person 18 years of age or over, an adoptive relative, a birth parent, or a birth relative. "Medical Information Exchange Questionnaire" means the medical history questionnaire completed by applicants to the Illinois Adoption Registry and Medical Information Exchange. "Proof of death" means a death certificate, a death notice, or an obituary published in a daily newspaper. "Surrendered person" means a person who was surrendered for adoption but not adopted. (750 ILCS 50/18.053 new) Sec. 18.053. The Illinois Adoption Registry and Medical Information Exchange. (a) General function. The Department of Public Health shall redefine the function of the Illinois Adoption Registry, and create the Medical Information Exchange in the manner outlined in subsections (b) through (d) for the purpose of facilitating the exchange of medical information between birth parents and birth relatives and the adoptive parents and legal guardians of adopted or surrendered minors, adult adopted or surrendered persons, and adoptive relatives. The Department shall establish rules for the confidential operation of the Illinois Adoption Registry and, from July 1, 1999 to July 1, 2000, shall conduct a public information
HOUSE OF REPRESENTATIVES 899 campaign through public service announcements and other forms of media coverage, and, for a minimum of 4 years, through notices on driver's license renewal applications, to inform adopted and surrendered persons born, surrendered, or adopted in Illinois and their adoptive parents, legal guardians, birth parents, and birth relatives of the provisions of this amendatory Act of the 91st General Assembly. The Illinois Adoption Registry shall also establish an informational internet site where interested parties may access a summary of the provisions of this amendatory Act of the 91st General Assembly and download all necessary application forms. The Illinois Adoption Registry shall maintain statistical records, publish and circulate to the public informational material about the function and operation of the Registry, and provide interested parties with Medical Exchange Questionnaires and all other Illinois Adoption Registry applications and forms. The Registry shall forward to all interested parties copies of any Medical Exchange Questionnaires submitted to the Registry prior to the applicant's registration by one of his or her biological relatives. If an adult adopted or surrendered person has applied to the Registry and one of his or her biological relatives subsequently applies to the Registry, the Illinois Adoption Registry shall be responsible for forwarding a copy of the birth parent's or birth relative's Medical Information Exchange Questionnaire to the adopted or surrendered person or the adoptive relative at the address shown on their Illinois Adoption Registry Application. (b) Birth parent registration at the time of surrender or involuntary termination of parental rights. On and after January 1, 2000, at the time a child is surrendered or parental rights are involuntarily terminated, the agency, Department of Children and Family Services, Court Supportive Services, Juvenile Division of the Circuit Court, Probation Officers of the Circuit Court, or any other party to the surrender or consent to adoption shall request that the birth parent or parents register with the Illinois Adoption Registry and Medical Information Exchange and complete Parts I and II of the Illinois Adoption Registry Application. If desired, the birth parent or parents may also file an Information Exchange Authorization or Information Exchange Denial with the Registry at any time after a child is surrendered for adoption or parental rights are involuntarily terminated, at any time during the adoption proceedings, or at any time thereafter. In the event that the information provided by the birth parent in Part I or II of the Illinois Adoption Registry Application is incomplete, the agency, Department of Children and Family Services, Court Supportive Services, Juvenile Division of the Circuit Court, Probation Officers of the Circuit Court, attorney, or any other party to the surrender or consent to adoption proceedings may, to the best of their ability, complete Parts I and II of the Illinois Adoption Registry Application on behalf of the birth parent. (c) Establishment of the Adoption/Surrender Records File. All records received by the Registry which pertain to an individual adoption or surrender shall be placed into a single Adoption/Surrender Records File. The Illinois Adoption Registry shall establish a new Adoption/Surrender Records File for: (1) Any adoption finalized by a court action in the State of Illinois on or after January 1, 2000; and (2) Any adoption of a person born in Illinois finalized by a court action in a state other than Illinois or in a foreign country on or after January 1, 2000; (3) Any surrender taken in the State of Illinois on or after January 1, 2000; (4) Any adoption finalized by a court action in the State
900 JOURNAL OF THE [March 11, 1999] of Illinois prior to January 1, 2000, any adoption of a person born in Illinois finalized by a court action in a state other than Illinois or in a foreign country prior to January 1, 2000, and any surrender taken in the State of Illinois prior to January 1, 2000, for which the adopted or surrendered person, or one of his or her birth parents, adult birth or adoptive relatives, adoptive parents, or legal guardians has registered with the Registry and completed an Illinois Adoption Registry Application. (d) Contents of the Adoption/Surrender Records File. The Adoption/Surrender Records File shall contain the following items, to the extent that they are available: (1) Parts I and II of any Illinois Adoption Registry Application which has been completed by the adopted or surrendered person or his or her adoptive parents, legal guardians, birth parents, adoptive relative, or birth relatives or by a third party on behalf of the birth parent at the time of the surrender or involuntary termination of parental rights. (2) Any written statements, letters, photographs, or other items provided by any applicant for the adopted or surrendered person or his or her birth or adoptive parents or relatives, or legal guardians at the time of registration or any time thereafter. All such items and documents shall be submitted in an 8 1/2" x 11" manila envelope and shall not include identifying information pertaining to any party to the adoption other than the applicant who submitted them. (3) Any Information Exchange Authorization or Information Exchange Denial which has been filed by the adopted or surrendered person or any other interested party at the time of registration or any time thereafter. (4) For all adoptions finalized after January 1, 2000, a copy of the original birth certificate, the consent or surrender to adoption, or order of termination of parental rights, and the judgment for adoption as well as the Affidavit of Information and any other non-identifying information which is forwarded to the Registry by any party to the adoption at the time of the adoption or any time thereafter. (5) Any updated addresses submitted by any interested party. (6) Any proof of death which has been submitted by: an adoptive parent, adoptive relative, legal guardian, or friend of an adopted or surrendered person in the event of his or her death; a birth relative, legal guardian, or friend of a deceased birth parent or birth sibling in the event of his or her death; or a confidential intermediary. (750 ILCS 50/18.054 new) Sec. 18.054. The Illinois Adoption Registry Application. The Illinois Adoption Registry Application shall substantially include the following: (a) Part I: General Information. The Illinois Adoption Registry Application shall include the following general information subparts: (1) A subpart for information about the registrant including his or her surname, given name or names, social security number (optional), mailing address, home telephone number, sex, date and place of birth, and the date of registration. This subpart shall also include the address and telephone number of the Illinois Adoption Registry. (2) A subpart for information to be completed by the registrant if he or she is an adopted or surrendered person 18 years of age or over, including, if known to the applicant, the state and county where the judgment of adoption was finalized,
HOUSE OF REPRESENTATIVES 901 the surnames, given names, and birthplaces of the adoptive parents, and the adopted or surrendered person's birth name. (3) A subpart for information to be completed by the registrant if he or she is the adoptive parent or legal guardian of an adopted or surrendered person under the age of 18 or a birth parent or adult birth or adoptive relative of an adopted or surrendered person. If applicable and known to the registrant, this information shall include the maiden surname of the birth mother, any subsequent surnames of the birth mother, the surname of the birth father, the given name or names of the birth parents, the dates and places of birth of the birth parents, the surname and given name or names of the adopted person prior to adoption, the sex and date and place of birth of the adopted or surrendered person, and the name of the adopted person following his or her adoption. (b) Part II: Medical Information Exchange Questionnaire. In recognition of the importance of medical information and of recent discoveries regarding the genetic origin of many medical conditions and diseases, with the exception of adoptive parents registering less than one year after their child's adoption was finalized, all applicants shall be asked to complete a Medical Information Exchange Questionnaire. The Medical Information Exchange Questionnaire shall include a comprehensive check-list of genetically-transmitted medical conditions and diseases. Birth parents and adult birth and adoptive relatives shall be asked to indicate all genetically-inherited diseases and conditions on this list which are known to exist in their biological families at the time of registration. Adopted and surrendered persons and their adoptive parents, legal guardians, and adoptive relatives shall be asked to indicate all genetically-inherited diseases and medical conditions with which the adopted or surrendered person or, if applicable, his or her children have been diagnosed since birth. In addition, all birth parents shall be apprised of the Registry's provisions for submitting information about their and their family's medical histories on a confidential, ongoing basis. The form and content of the Medical Information Exchange Questionnaire shall be determined by the Illinois Department of Public Health and shall include a Hereditary Diseases Section that allows the applicant to indicate any medical diseases or conditions known to exist in their biological family, including, but not limited to ADD/ADHD, AIDS/HIV, alcoholism, allergies, ALS (Lou Gehrig's Disease), Alzheimer's Disease, anemia, arthritis, asthma, bipolar disorder, blood disorders, breast cancer, colon cancer, ovarian cancer, prostate cancer, skin cancer, cystic fibrosis, clinical depression, diabetes, diverticulitis, dyslexia, eating disorders, eczema, emphysema, epilepsy, farsightedness, gout, hay fever, hearing disorders, heart disease, hemophilia, Huntington's Disease, hypertension (high blood pressure), hyperthyroidism, hypothyroidism, kidney disease, learning disabilities, leukemia, mental illness, muscular diseases, myopia (nearsightedness), obesity, obsessive/compulsive disorder, Parkinson's disease, physical disabilities, Rh factors, schizophrenia, sickle cell anemia, seizure disorders, speech disabilities, stroke, substance abuse, Tay-Sachs disease, tuberculosis, tumors (benign), tumors (malignant), Tourette's syndrome, and vitiligo. (c) Part III: Written statement. All registrants shall be given the opportunity to file a written statement with the Registry. This statement may include any additional medical data or any known social, ethnic, or biographical information, and be submitted on the space provided on the Information Exchange Authorization or in a separate, sealed envelope.
902 JOURNAL OF THE [March 11, 1999] (d) Part IV. Contact information. All registrants may indicate their wishes regarding contact with any other interested party by completing an Information Exchange Authorization, an Information Exchange Denial, or an affidavit authorizing contact by a certified confidential intermediary or other specified third party. (1) Information Exchange Authorization. Adopted or surrendered persons 18 years of age or over who would welcome contact with one or more of their birth parents or other adult birth relatives, birth parents and other adult birth relatives who would welcome contact with an adopted or surrendered person, or his or her adoptive parents or legal guardians or other adult adoptive relatives, and adoptive parents or legal guardians of adopted or surrendered persons under the age of 18 who would welcome contact with the adopted or surrendered person's birth parents or other birth relatives may file an Information Exchange Authorization at the time of the adoption or surrender, or any time thereafter. (2) Information Exchange Denial. Adopted or surrendered persons 18 years of age or over who do not wish to establish direct contact with one or more of their birth parents or other adult birth relatives may file an Information Exchange Denial. Birth parents and other adult birth relatives who do not wish to establish direct contact with an adopted or surrendered person, his or her adoptive parents or legal guardians, or his or her other adult adoptive relatives, and adoptive parents or legal guardians of adopted or surrendered persons under the age of 18 who do not wish to establish direct contact with the adopted or surrendered person's birth parents or other birth relatives may file an Information Exchange Denial at the time of the adoption or surrender, or any time thereafter. Upon receipt of an Information Exchange Denial, the Illinois Adoption Registry shall provide the registrant with a copy of the Information Exchange Denial Revocation Form. An Information Exchange Denial may be revoked at any time, without charge, by filing an Information Exchange Denial Revocation Form or by notifying the Registry in writing of the desire to revoke the Information Exchange Denial. Information Exchange Denials filed by the adoptive parent or legal guardian of an adopted or surrendered person under the age of 18 shall expire on the adopted or surrendered person's 18th birthday; thereafter, unless the adopted or surrendered person files contact information with the Registry, birth relative requests for information shall be handled in the same manner as in cases where the adopted or surrendered person has not filed an Information Exchange Authorization or Information Exchange Denial with the Registry. Unless revoked or expired, an Information Exchange Denial shall remain in effect until 2 years after the death of the person who filed the it. (e) All Illinois Adoption Registry Applications, Information Exchange Authorizations, Information Exchange Denials, requests to revoke an Information Exchange Authorization or Information Exchange Denial, and affidavits submitted to the Registry shall be accompanied by a photocopy of the applicant's current driver's license, passport, or state-issued photo identification card. (750 ILCS 50/18.055 new) Sec. 18.055. Effective date of registration. Registration with the Illinois Adoption Registry and Medical Information Exchange shall become effective as soon as the applicant's completed Illinois Adoption Registry Application has been filed with the Registry. (750 ILCS 50/18.056 new) Sec. 18.056. Executing documents in foreign countries. When an
HOUSE OF REPRESENTATIVES 903 Information Exchange Authorization or Information Exchange Denial is executed in a foreign country, the document shall be executed at a United States Embassy or consulate in the presence of a United States government official qualified to acknowledge such documents. (750 ILCS 50/18.057 new) Sec. 18.057. Executing documents in the military. If the person filing an Information Exchange Authorization or Information Exchange Denial is in the military service of the United States, the execution of these documents may be acknowledged before a commissioned officer and the signature of the officer on the document shall be verified or acknowledged before a notary public or by any other procedure in effect for that division or branch of the armed forces. (750 ILCS 50/18.058 new) Sec. 18.058. Registry matches. (a) The Registry shall release identifying information to the following registered parties and provide them with a copy of the other party's Medical Information Exchange Questionnaire as well as any written statements, letters, photographs, or other items which have been placed in the Adoption/Surrender Records File and specifically intended for the registered parties: (i) an adult adopted or surrendered person and one of his or her birth parents or birth relatives who have both filed an Information Exchange Authorization with the Registry, if information available to the Registry confirms that the consenting adopted or surrendered person is a biological relative of the consenting birth parent or relative; (ii) the adoptive parent or legal guardian of an adopted or surrendered person under the age of 18 and one of his or her birth parents or birth relatives who have both filed an Information Exchange Authorization with the Registry, if information available to the Registry confirms that the child of the consenting adoptive parent or legal guardian is a biological relative of the consenting birth parent or birth relative; or (iii) a birth parent or birth relative and an adoptive relative who have both filed an Information Exchange Authorization with the Registry, if information available to the Registry confirms that the deceased adopted person was a biological relative of the consenting birth parent or birth relative. All eligible adult adopted or surrendered persons who are the subject of a Registry match may be issued an Illinois Adoption Registry Authorization for any documents listed in subsection (a) of Section 18.059 which are not included in the Adoption/Surrender Records File. (b) In the event that an interested party is the subject of an Information Release Denial filed by another party to the adoption, the Registry shall not release identifying information to either registrant. However, both registrants shall be provided with a copy of the other party's Medical Information Exchange Questionnaire as well as any letters, pictures, or documents which have been placed in the Adoption/Surrender Records File and are specifically intended for them. (750 ILCS 50/18.059 new) Sec. 18.059. Illinois Adoption Registry Authorization. (a) In the event of a Registry match, adult adopted or surrendered persons may be issued an Illinois Adoption Registry Authorization to access any of the documents listed in this subsection (a) which are not included in their Adoption/Surrender Records File. The Illinois Adoption Registry Authorization shall entitle the adopted or surrendered person to receive a copy of his or her original birth certificate from the Bureau of Vital Statistics; if applicable, a copy of the judgment for adoption from the court of
904 JOURNAL OF THE [March 11, 1999] the county where the adoption was finalized; any written statements, letters, photographs, or other items which have been submitted to any agency or attorney that was involved in the adoption proceedings or surrender and are specifically intended for the adopted or surrendered person; and any medical or nursery records pertaining to the adopted or surrendered person and histories of prior placement which are in the possession of any agency or attorney that was involved in the adoption proceedings or surrender. (b) If only the birth mother is named on the original birth certificate and, if applicable, the judgment for adoption, and the adopted or surrendered person is the subject of an Information Release Authorization filed with the Registry by this birth parent, the Illinois Adoption Registry shall provide the adopted or surrendered person with an unaltered copy of his or her original birth certificate and, if applicable, judgment for adoption, or issue an Authorization which entitles him or her to receive unaltered copies of the original birth certificate and, if applicable, the judgment for adoption. (c) If both the birth mother and birth father are named on the original birth certificate or, if applicable, the judgment for adoption, and both birth parents have filed an Information Release Authorization with the Registry, the Illinois Adoption Registry shall provide the adopted or surrendered person with an unaltered copy of his or her original birth certificate and, if applicable, judgment for adoption or issue an Authorization which entitles him or her to receive unaltered copies of the original birth certificate and, if applicable, the judgment for adoption. (d) If both the birth mother and birth father are named on the original birth certificate or, if applicable, the judgment for adoption, and only one of the birth parents has filed an Information Release Authorization with the Registry, the adopted or surrendered person may either: (1) Request that the name of the birth parent who has not filed an Information Release Authorization with the Illinois Adoption Registry be deleted from any copies of the original birth certificate and, if applicable, the judgment for adoption issued to the adopted or surrendered person and that this deletion be specified on any Illinois Adoption Registry Authorization issued to the adopted or surrendered person; or (2) Provide a proof of death for the birth parent who has not filed an Information Release Authorization with the Registry. Upon receipt of this proof of death, the Illinois Adoption Registry shall provide the adopted or surrendered person an Authorization entitling the adopted or surrendered person to receive unaltered copies of the original birth certificate and, if applicable, the judgment for adoption. (e) If the birth relative who has been matched with an adopted or surrenderd person is not one of his or her birth parents, the release of the adopted or surrendered person's original birth certificate or, if applicable, judgment for adoption and the issuance of his or her Illinois Adoption Registry Authorization shall be contingent upon the applicant providing a proof of death or Information Release Authorization for all birth parents named on the original birth certificate or, if applicable, judgment for adoption, as specified in subsections (a) through (d). (750 ILCS 50/18.060 new) Sec. 18.060. Registration fee. A $40 fee shall be charged for registering with the Illinois Adoption Registry and Medical Information Exchange. However this fee shall be waived for all adult adopted or surrendered persons, adoptive parents, adoptive relatives, legal guardians, birth parents, and birth relatives who complete Part
HOUSE OF REPRESENTATIVES 905 II of the Illinois Adoption Registry Application at the time of registration, as well as for all birth parents registering or being registered by a third party within 12 months of the termination of parental rights, and adoptive parents registering within 12 months of the finalization of the adoption. All persons who were registered with the Illinois Adoption Registry prior to the effective date of this amendatory Act of the 91st General Assembly and who wish to update their registration may do so without charge. (750 ILCS 50/18.061 new) Sec. 18.061. Exemption from liability. No liability shall accrue to the State, any agency or employee thereof, any private agency, or any attorney for acts or efforts made in good faith within the scope of this amendatory Act of the 91st General Assembly and pursuant to its provisions. (750 ILCS 50/18.062 new) Sec. 18.062. Effective date of entitlement. The effective date of entitlement of any person to an Illinois Adoption Registry Authorization shall be March 1, 2000. (750 ILCS 50/18.063 new) Sec. 18.063. Illinois Adoption Registry and Medical Information Exchange Fund. There is hereby created in the State treasury a special fund to be known as the Illinois Adoption Registry and Medical Information Exchange Fund. All fees collected by the Illinois Adoption Registry under this amendatory Act of the 91st General Assembly shall be deposited into the Fund. Subject to appropriation, the amounts in the Fund shall be used by the Department of Public Health to conduct activities related to maintaining the Illinois Adoption Registry and Medical Information Exchange and issuing any documents and forms related to this amendatory Act of the 91st General Assembly. (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a) Sec. 18.3a. Confidential intermediary. (a) General purposes. Notwithstanding any other provision of this Act, any adoptee over the age of 18 or any adoptive parent or legal guardian of an adoptee under the age of 18 may petition the court for appointment of a confidential intermediary as provided in this Section for the purpose of obtaining from one or both biological parents or a sibling or siblings of the adoptee information concerning the background of a psychological or genetically-based medical problem experienced or which may be expected to be experienced in the future by the adoptee or obtaining assistance in treating such a problem. (b) Petition. The court shall appoint a confidential intermediary for the purposes described in subsection (f) if the petitioner shows the following: (1) the adoptee is suffering or may be expected to suffer in the future from a life-threatening or substantially incapacitating physical illness of any nature, or a psychological disturbance which is substantially incapacitating but not life-threatening, or a mental illness which, in the opinion of a physician licensed to practice medicine in all its branches, is or could be genetically based to a significant degree; (2) the treatment of the adoptee, in the opinion of a physician licensed to practice medicine in all of its branches, would be materially assisted by information obtainable from the biological parents or might benefit from the provision of organs or other bodily tissues, materials, or fluids by the biological parents or other close biological relatives; and (3) there is neither an Information Exchange Authorization nor a Denial of Information Exchange filed in the Registry as provided in Section 18.054 18.1.
906 JOURNAL OF THE [March 11, 1999] The affidavit or testimony of the treating physician shall be conclusive on the issue of the utility of contact with the biological parents unless the court finds that the relationship between the illness to be treated and the alleged need for contact is totally without foundation. (c) Fees and expenses. The court shall condition the appointment of the confidential intermediary on the payment of the intermediary's fees and expenses in advance, unless the intermediary waives the right to full advance payment or to any reimbursement at all. (d) Eligibility of intermediary. The court may appoint as confidential intermediary either an employee of the Illinois Department of Children and Family Services designated by the Department to serve as such, any other person certified by the Department as qualified to serve as a confidential intermediary, or any employee of a licensed child welfare agency certified by the agency as qualified to serve as a confidential intermediary. (e) Access. Notwithstanding any other provision of law, the confidential intermediary shall have access to all records of the court or any agency, public or private, which relate to the adoption or the identity and location of any biological parent. (f) Purposes of contact. The confidential intermediary has only the following powers and duties: (1) To contact one or both biological parents, inform the parent or parents of the basic medical problem of the adoptee and the nature of the information or assistance sought from the biological parent, and inform the parent or parents of the following options: (A) The biological parent may totally reject the request for assistance or information, or both, and no disclosure of identity or location shall be made to the petitioner. (B) The biological parent may file an Information Exchange Authorization as provided in Section 18.054 18.1. The confidential intermediary shall explain to the biological parent the consequences of such a filing, including that the biological parent's identity will be available for discovery by the adoptee. If the biological parent agrees to this option, the confidential intermediary shall supply the parent with the appropriate forms, shall be responsible for their immediate filing with the Registry, and shall inform the petitioner of their filing. (C) If the biological parent wishes to provide the information or assistance sought but does not wish his or her identity disclosed, the confidential intermediary shall arrange for the disclosure of the information or the provision of assistance in as confidential a manner as possible so as to protect the privacy of the biological parent and minimize the likelihood of disclosure of the biological parent's identity. (2) If a biological parent so desires, to arrange for a confidential communication with the treating physician to discuss the need for the requested information or assistance. (3) If a biological parent agrees to provide the information or assistance sought but wishes to maintain his or her privacy, to arrange for the provision of the information or assistance to the physician in as confidential a manner as possible so as to protect the privacy of the biological parent and minimize the likelihood of disclosure of the biological parent's identity. (g) Oath. The confidential intermediary shall sign an oath of
HOUSE OF REPRESENTATIVES 907 confidentiality substantially as follows: "I, .........., being duly sworn, on oath depose and say: As a condition of appointment as a confidential intermediary, I affirm that: (1) I will not disclose to the petitioner, directly or indirectly, any information about the identity or location of the biological parent whose assistance is being sought for medical reasons except in a manner consistent with the law. (2) I recognize that violation of this oath subjects me to civil liability and to being found in contempt of court. ................................ SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert date). this ..... day of .........., 19... ................................" (h) Sanctions. (1) Any confidential intermediary who improperly discloses information identifying a biological parent shall be liable to the biological parent for damages and may also be found in contempt of court. (2) Any physician or other person who learns a biological parent's identity, directly or indirectly, through the use of procedures provided in this Section and who improperly discloses information identifying the biological parent shall be liable to the biological parent for actual damages plus minimum punitive damages of $10,000. (i) Death of biological parent. Notwithstanding any other provision of this Act, if the confidential intermediary discovers that the person whose assistance is sought has died, he or she shall report this fact to the court, along with a copy of the death certificate if possible. (Source: P.A. 86-1451; revised 10-20-98.) (750 ILCS 50/18.1 rep.) (750 ILCS 50/18.3 rep.) (750 ILCS 50/18.5 rep.) (750 ILCS 50/18.6 rep.) Section 15. The Adoption Act is amended by repealing Sections 18.1, 18.3, 18.5, and 18.6. 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 1207. 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 1207 AMENDMENT NO. 1. Amend House Bill 1207 on page 2, line 12, by replacing "American" with "Illinois". 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 recalled on March 10, 1999, and held on the order of Second Reading, the same was again taken up.
908 JOURNAL OF THE [March 11, 1999] Representative Scully offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1536 AMENDMENT NO. 1. Amend House Bill 1536 on page 1, line 11, after "program", by inserting ", subject to a separate appropriation to the State Board of Education". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again 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 Hartke, HOUSE BILL 291 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 48, Yeas; 61, Nays; 5, Answering Present. (ROLL CALL 33) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative Bugielski, HOUSE BILL 2204 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; 4, Nays; 5, Answering Present. (ROLL CALL 34) 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 Jerry Mitchell, HOUSE BILL 2308 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 35) 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 Hoffman, HOUSE BILL 520 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 1, Nays; 1, Answering Present.
HOUSE OF REPRESENTATIVES 909 (ROLL CALL 36) 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 Andrea Moore, HOUSE BILL 1276 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: 107, Yeas; 5, Nays; 1, Answering Present. (ROLL CALL 37) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Myers, HOUSE BILL 1897 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 38) 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. ACTION ON MOTIONS On motion of Representative Monique Davis, HOUSE BILL 1525 was ordered to lie on the table. On motion of Representative Righter, HOUSE BILL 1312 was ordered to lie on the table. 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 819. 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 37, 48, 117 and 203. At the hour of 8:55 o'clock p.m., Representative Madigan moved that the House do now adjourn until Friday, March 12, 1999, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
910 JOURNAL OF THE [March 11, 1999] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 11, 1999 0 YEAS 0 NAYS 117 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 P 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 P 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
HOUSE OF REPRESENTATIVES 911 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1079 CRIM CD-SEX OFFENDERS-PARKS THIRD READING PASSED MAR 11, 1999 111 YEAS 4 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 Y 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 N MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN P MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK A 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 N 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 N PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
912 JOURNAL OF THE [March 11, 1999] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1900 IL AQUACULTURE DEVELOP FUND THIRD READING PASSED MAR 11, 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 Y 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 Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD A 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 A 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 913 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2836 FIREWORKS-BILLBOARDS BANNED THIRD READING PASSED MAR 11, 1999 73 YEAS 40 NAYS 4 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER N BIGGINS Y GASH N MATHIAS Y SAVIANO P BLACK Y GIGLIO Y MAUTINO N 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 Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK P MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N 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 Y 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 N WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN P KRAUSE N POE Y YOUNGE Y ERWIN Y LANG P PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
914 JOURNAL OF THE [March 11, 1999] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2698 TWP CD-OPEN SPACE-POP-150,000 THIRD READING PASSED MAR 11, 1999 111 YEAS 3 NAYS 1 PRESENT Y ACEVEDO A 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 N 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 A HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y 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 Y 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 P 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 N 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 N ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 915 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1681 EMRGNCY MGMT AGNCY-NOAA RADIO THIRD READING PASSED MAR 11, 1999 117 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 Y 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 Y 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
916 JOURNAL OF THE [March 11, 1999] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1622 INS INVESTIGATIONAL TREATMENT THIRD READING PASSED MAR 11, 1999 105 YEAS 8 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 N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND P 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 Y 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 Y SOMMER Y COULSON Y HOLBROOK Y MORROW N 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 N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND P WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER P 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 917 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 154 BREAST CANCER TREAT AND STUDY THIRD READING PASSED MAR 11, 1999 111 YEAS 4 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL A 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 Y MORROW N 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 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 Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N 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 A ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
918 JOURNAL OF THE [March 11, 1999] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 157 PHONE SOLICIT NO CALL ID BLOCK THIRD READING PASSED MAR 11, 1999 114 YEAS 2 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 N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON A SHARP Y BROSNAHAN Y HARRIS Y MEYER Y 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 Y 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 N 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 919 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1915 TITLE INSURANCE RATES THIRD READING PASSED MAR 11, 1999 64 YEAS 48 NAYS 4 PRESENT Y ACEVEDO N FOWLER N LINDNER N RIGHTER Y BASSI P FRANKS Y LOPEZ E RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH P RYDER Y BIGGINS Y GASH P MATHIAS Y SAVIANO N BLACK Y GIGLIO N MAUTINO N SCHMITZ Y BOLAND P GILES Y McAULIFFE N SCHOENBERG N BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY N HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART N CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN N CURRY N JONES,JOHN N 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 N PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL N PERSICO N WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER A FLOWERS N LEITCH E - Denotes Excused Absence
920 JOURNAL OF THE [March 11, 1999] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1648 DPHLTH-HIV-AIDS PILOT PROGRAM THIRD READING PASSED MAR 11, 1999 114 YEAS 1 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 N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA A 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 Y 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 921 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1823 DOMESTIC VIOLENCE LEAVE ACT THIRD READING PASSED MAR 11, 1999 102 YEAS 13 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 P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER N COULSON Y HOLBROOK Y MORROW N 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 N 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 N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK Y DELGADO A KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
922 JOURNAL OF THE [March 11, 1999] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1833 DAGING-DHS-CARE SERVICES WAGES THIRD READING PASSED MAR 11, 1999 106 YEAS 8 NAYS 2 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y 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 Y MORROW N 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 N 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 N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER N 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 P LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 923 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2256 DISPENSING GENERIC DRUGS THIRD READING PASSED MAR 11, 1999 107 YEAS 8 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER P COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD N 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 N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER Y PARKE N WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
924 JOURNAL OF THE [March 11, 1999] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 442 PLUMBING CONTRACTORS LICENSED THIRD READING PASSED MAR 11, 1999 69 YEAS 45 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ E RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS N GASH N MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N 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 Y 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 N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS N TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN N CURRY N JONES,JOHN Y O'BRIEN N WAIT A DANIELS Y JONES,LOU Y 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 N WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD P DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 925 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 470 SCH CD-TEACHR INST-REG SUP-TAX THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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
926 JOURNAL OF THE [March 11, 1999] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 476 PUBAID-PRSNL NEEDS ALLWNCE $50 THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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 Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 927 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1365 POLICE TRAINING-MISDEMEANOR THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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
928 JOURNAL OF THE [March 11, 1999] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1294 SOCIAL WORKER-EXPUNGEMENT THIRD READING PASSED MAR 11, 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 A 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 A HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y 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 Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER A 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 A 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 929 NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 471 CRIM CD-PIERCING MINORS BODY THIRD READING PASSED MAR 11, 1999 88 YEAS 13 NAYS 11 PRESENT Y ACEVEDO Y FOWLER P LINDNER Y RIGHTER Y BASSI Y FRANKS P LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS P SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG Y BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY N HAMOS Y McGUIRE Y SCULLY Y BRADY A HANNIG P McKEON Y SHARP Y BROSNAHAN N HARRIS Y MEYER Y SILVA P BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER P COULSON Y HOLBROOK N MORROW Y STEPHENS Y COWLISHAW Y HOWARD P MULLIGAN Y STROGER Y CROSS Y HULTGREN P MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART P CURRIE A JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU A WIRSING Y DAVIS,STEVE P KLINGLER Y PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG N PUGH Y ZICKUS P FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
930 JOURNAL OF THE [March 11, 1999] NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2149 SECY OF STATE-METAL DETECTORS THIRD READING PASSED MAR 11, 1999 112 YEAS 0 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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 A KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO A WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ P LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 931 NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 573 FIREARM OWNERS-NICS THIRD READING PASSED MAR 11, 1999 113 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA 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 Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y 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 A 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 P PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
932 JOURNAL OF THE [March 11, 1999] NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1331 MEDICAL NEED EXTERNAL APPEAL THIRD READING PASSED MAR 11, 1999 110 YEAS 5 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 N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH A 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 Y 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 Y 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 A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER N 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 933 NO. 24 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1964 CLERKS COURTS-JURY FEE THIRD READING PASSED MAR 11, 1999 101 YEAS 13 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER Y BASSI N FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ N BOLAND Y GILES Y McAULIFFE N SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N 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 N SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE N CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN N CURRY Y JONES,JOHN N O'BRIEN Y WAIT A 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 N WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN P LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
934 JOURNAL OF THE [March 11, 1999] NO. 25 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2679 SENIORS ASSESS FREEZE-BASE YR THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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 935 NO. 26 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 895 INTERGOVT COOP-EXERCISE POWER THIRD READING PASSED MAR 11, 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 A 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 A HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD A 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 Y 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 A 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
936 JOURNAL OF THE [March 11, 1999] NO. 27 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 831 NURSING HOME CR-PRENOTIFY THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A DANIELS A 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 937 NO. 28 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1476 SCH CD-DEBT LIMIT-CONSTRUCT THIRD READING PASSED MAR 11, 1999 91 YEAS 23 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI N FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH A 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 N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL P 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 N HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT A DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N 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
938 JOURNAL OF THE [March 11, 1999] NO. 29 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2272 GOOD SAM ACT-PHYS ASSTS-EXEMPT THIRD READING PASSED MAR 11, 1999 113 YEAS 0 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY P 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 A 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 A 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 939 NO. 30 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1399 CHLDRNS HLTH INS-STATE EMPLYEE MOTION TO TABLE AMENDMENT NO. 1 PREVAILED MAR 11, 1999 109 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 A BELLOCK Y GARRETT Y LYONS,JOSEPH A 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 A BRADLEY Y HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A 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 A 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
940 JOURNAL OF THE [March 11, 1999] NO. 31 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1713 MEDICAID-ELIGIBILITY THIRD READING PASSED MAR 11, 1999 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO A 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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 941 NO. 32 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 323 SCH CD-MILITARY-DISSOLVE DIST THIRD READING PASSED MAR 11, 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 A 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 A BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A 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
942 JOURNAL OF THE [March 11, 1999] NO. 33 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 291 AIRPORT AUTH-GROW WITH MUNI THIRD READING LOST MAR 11, 1999 48 YEAS 61 NAYS 5 PRESENT Y ACEVEDO N FOWLER N LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ E RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER N BIGGINS N GASH N MATHIAS Y SAVIANO P BLACK N GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY N BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS N MEYER Y SILVA N BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER P CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM P NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT A DANIELS Y JONES,LOU N O'CONNOR N WINKEL A DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE P KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK Y DELGADO N KOSEL N PERSICO N WOOLARD P DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 943 NO. 34 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2204 BANK ON ILLINOIS ACT THIRD READING PASSED MAR 11, 1999 106 YEAS 4 NAYS 5 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI P FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO N 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 P SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY P 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 A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY P 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 P MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
944 JOURNAL OF THE [March 11, 1999] NO. 35 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2308 HOSPITAL DISTRICT-DETACHMENT THIRD READING PASSED MAR 11, 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A 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 A REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 945 NO. 36 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 520 MOTOR VEH FRANCHSE ACT-RIGHTS THIRD READING PASSED MAR 11, 1999 113 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 A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 P JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A DANIELS N 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
946 JOURNAL OF THE [March 11, 1999] NO. 37 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1276 MUNI CD-LEVY AND APPROPRIATION THIRD READING PASSED MAR 11, 1999 107 YEAS 5 NAYS 1 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 A GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD N 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 Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT A 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 A 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 N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 947 NO. 38 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1897 AGRICULTR-VALUE ADDED GRANT THIRD READING PASSED MAR 11, 1999 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN A BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI 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 Y 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 A 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

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