HOUSE OF REPRESENTATIVES 1491 HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 29TH LEGISLATIVE DAY THURSDAY, MARCH 18, 1999 10:00 O'CLOCK A.M. The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Kelly Fryer of the Cross of Glory Lutheran Church in Lockport, Illinois. Representative Hassert 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, Representatives Persico excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Ronen, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Righter will replace Representative Myers, Representative Tenhouse will replace Representative Black, and Representative Stephens will replace Representative John Jones in the Committee on Transportation & Motor Vehicles, 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":
1492 JOURNAL OF THE [March 18, 1999] Amendments numbered 2 and 3 to HOUSE BILL 60. Amendments numbered 2 and 3 to HOUSE BILL 63. Amendment No. 1 to HOUSE BILL 107. Amendment No. 2 to HOUSE BILL 112. Amendment No. 2 to HOUSE BILL 161. Amendment No. 1 to HOUSE BILL 317. Amendment No. 1 to HOUSE BILL 415. Amendment No. 1 to HOUSE BILL 421. Amendment No. 1 to HOUSE BILL 437. Amendment No. 1 to HOUSE BILL 528. Amendments numbered 1 and 2 to HOUSE BILL 558. Amendment No. 2 to HOUSE BILL 909. Amendment No. 1 to HOUSE BILL 924. Amendment No. 2 to HOUSE BILL 941. Amendment No. 1 to HOUSE BILL 979. Amendment No. 8 to HOUSE BILL 999. Amendment No. 1 to HOUSE BILL 1115. Amendment No. 1 to HOUSE BILL 1265. Amendment No. 1 to HOUSE BILL 1340. Amendment No. 1 to HOUSE BILL 1352. Amendment No. 1 to HOUSE BILL 1362. Amendment No. 1 to HOUSE BILL 1687. Amendment No. 1 to HOUSE BILL 1705. Amendment No. 1 to HOUSE BILL 1717. Amendment No. 1 to HOUSE BILL 1743. Amendment No. 1 to HOUSE BILL 1801. Amendment No. 3 to HOUSE BILL 1805. Amendment No. 1 to HOUSE BILL 1909. Amendment No. 1 to HOUSE BILL 2036. Amendment No. 1 to HOUSE BILL 2210. Amendment No. 1 to HOUSE BILL 2627. Amendment No. 1 to HOUSE BILL 2645. Amendment No. 1 to HOUSE BILL 2648. Amendment No. 1 to HOUSE BILL 2827. Amendment No. 3 to HOUSE BILL 2031. The committee roll call vote on the forgoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Ryder Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture & Conservation: House Amendment 1 to HOUSE BILL 2243. Committee on Children & Youth: House Amendment 2 to HOUSE BILL 1089. Committee on Computer Technology: House Amendment 1 to HOUSE BILL 2616. Committee on Elections & Campaign Reform: House Amendment 1 to HOUSE BILL 992. Committee on Elementary & Secondary Education: House Amendment 1 to HOUSE BILL 1878.
HOUSE OF REPRESENTATIVES 1493 Committee on Human Services: House Amendment 1 to HOUSE BILL 1280, House Amendment 1 to HOUSE BILL 1846, House Amendment 2 to HOUSE BILL 2021, House Amendment 2 to HOUSE BILL 2198, House Amendment 1 to HOUSE BILL 2676; House Amendments 1 and House Amendment 2 to HOUSE BILL 2574. Committee on Judiciary I-Civil Law: House Amendments 2, House Amendment 4 to HOUSE BILL 1938 and House Amendment 1 to HOUSE BILL 2134. Committee on Judiciary II-Criminal Law: House Amendment 1 to HOUSE BILL 1175, House Amendment 1 to HOUSE BILL 1223 and House Amendment 2 to HOUSE BILL 2708. Committee on Labor & Commerce: House Amendment 1 to HOUSE BILL 1974; House Amendments 1 and House Amendment 2 to HOUSE BILL 2012. Committee on Local Government: House Amendment 2 to HOUSE BILL 390, House Amendment 1 to HOUSE BILL 1712 and House Amendment 1 to HOUSE BILL 2359. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 801 and House Amendment 1 to HOUSE BILL 2647. Committee on Revenue: House Amendment 1 to HOUSE BILL 2086. Committee on Tourism: House Amendment 1 to HOUSE BILL 2147 and House Amendment 1 to HOUSE BILL 2148. CHANGE OF DEBATE STATUS Pursuant to House Rule 52(c), Speaker Madigan changed the Debate Status for HOUSE BILL 210 from Standard Debate to Unlimited Debate. Pursuant to House Rule 52(c), Speaker Madigan changed the Debate Status for HOUSE BILL 999 from Short Debate to Unlimited Debate. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 225, as amended, 228, as amended, 571, as amended, 753, as amended, 806, as amended, 1505, as amended, 2021, as amended, 2031, as amended and 2667. JUDICIAL NOTES SUPPLIED Judicial Notes have been supplied for HOUSE BILLS 225, as amended, 228, as amended and 600. STATE MANDATE NOTES SUPPLIED State Mandate Notes have been supplied for HOUSE BILLS 143, as amended, 225, as amended, 228, as amended, 427, as amended, 1181, as amended, 1818, as amended, 2031, as amended, 2035, as amended, 2255 and 2704 as amended. HOME RULE IMPACT NOTES SUPPLIED Home Rule Impact Notes have been supplied for HOUSE BILLS 225, as amended, 228, as amended, 1956, 2031, as amended and 2704, as amended. HOUSING AFFORDABILITY IMPACT NOTE SUPPLIED
1494 JOURNAL OF THE [March 18, 1999] A Housing Affordability Impact Note has been supplied for HOUSE BILL 233. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for HOUSE BILL 1434, as amended. LAND CONVEYANCE APPRAISEL NOTE SUPPLIED A Land Conveyance Appraisel Note has been supplied for HOUSE BILL 452, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 17 A bill for AN ACT to amend the School Code by changing Section 2-3.12a. SENATE BILL NO. 19 A bill for AN ACT regarding child support enforcement. SENATE BILL NO. 39 A bill for AN ACT to amend the Illinois Municipal Code by changing Sections 11-74.4-3 and 11-74.4-7. SENATE BILL NO. 43 A bill for AN ACT concerning cancer research. SENATE BILL NO. 44 A bill for AN ACT to amend the Illinois Public Aid Code by changing Section 12-4.11. SENATE BILL NO. 51 A bill for AN ACT to amend the Property Tax Code by changing Section 21-260. SENATE BILL NO. 82 A bill for AN ACT to amend the Abused and Neglected Child Reporting Act by changing Section 4. SENATE BILL NO. 94 A bill for AN ACT to amend the Harassing and Obscene Communications Act by changing Section 1 and adding Section 0.02. SENATE BILL NO. 110 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 201. SENATE BILL NO. 122 A bill for AN ACT concerning professional land surveyors.
HOUSE OF REPRESENTATIVES 1495 SENATE BILL NO. 123 A bill for AN ACT concerning the regulation of the practice of architecture. SENATE BILL NO. 126 A bill for AN ACT concerning structural engineers. SENATE BILL NO. 127 A bill for AN ACT concerning professional engineers. SENATE BILL NO. 128 A bill for AN ACT to amend the Illinois Income Tax Act by adding Section 211. SENATE BILL NO. 178 A bill for AN ACT to amend the Jury Act by changing Section 10.2. Passed by the Senate, March 18, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 17, 19, 39, 43, 44, 51, 82, 94, 110, 122, 123, 126, 127, 128 and 178 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. 214 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 203. SENATE BILL NO. 233 A bill for AN ACT to amend the Upper Illinois River Valley Development Authority Act by adding Section 7.5. SENATE BILL NO. 257 A bill for AN ACT to amend the Code of Civil Procedure by changing Section 2-202. SENATE BILL NO. 259 A bill for AN ACT concerning funeral and cemetery services, amending named Acts. SENATE BILL NO. 283 A bill for AN ACT to conform State statutes to existing State practice. SENATE BILL NO. 306 A bill for AN ACT to amend the Public Utilities Act by changing Section 13-402. SENATE BILL NO. 360 A bill for AN ACT to amend the Illinois Department of Revenue Sunshine Act by adding Section 3.5.
1496 JOURNAL OF THE [March 18, 1999] Passed by the Senate, March 18, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 214, 233, 257, 259, 283, 306 and 360 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. 380 A bill for AN ACT to amend the Property Tax Code by changing Sections 21-15, 21-20, and 21-25. SENATE BILL NO. 387 A bill for AN ACT to amend the Election Code by changing Sections 7-30, 13-1, 13-2, 13-3, 13-4, 13-8, 14-1, 14-5, and 14-7. SENATE BILL NO. 400 A bill for AN ACT to amend the Juvenile Court Act of 1987 by changing Sections 5-615, 5-710, 5-715. SENATE BILL NO. 421 A bill for AN ACT to amend the Illinois Procurement Code by changing Section 50-35. SENATE BILL NO. 567 A bill for AN ACT to amend the General Not For Profit Corporation Act of 1986 by changing Sections 101.15 and 110.05. SENATE BILL NO. 656 A bill for AN ACT to amend the Liquor Control Act of 1934 by changing Sections 6-11 and 7-13. SENATE BILL NO. 658 A bill for AN ACT to create the Orthotics, Prosthetics, and Pedorthics Practice Act. SENATE BILL NO. 667 A bill for AN ACT to amend the Workers' Compensation Act by changing Section 3. SENATE BILL NO. 685 A bill for AN ACT regarding treatment of prostate cancer. SENATE BILL NO. 732 A bill for AN ACT to amend the Criminal Code of 1961 by re-enacting Section 11-20.1. SENATE BILL NO. 799 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 1501. SENATE BILL NO. 815 A bill for AN ACT to amend the Illinois Banking Act by changing Sections 4, 13, 22, 30, and 30.5.
HOUSE OF REPRESENTATIVES 1497 SENATE BILL NO. 840 A bill for AN ACT relating to school construction projects, amending named Acts. Passed by the Senate, March 18, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 380, 387, 400, 421, 567, 656, 658, 667, 685, 732, 799, 815 and 840 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. 847 A bill for AN ACT in relation to various offenses committed on properties leased by public housing agencies. SENATE BILL NO. 850 A bill for AN ACT to amend the Hospital Licensing Act by adding Section 6.01. SENATE BILL NO. 876 A bill for AN ACT to amend the Illinois Procurement Code by changing Section 53-20. SENATE BILL NO. 877 A bill for AN ACT to amend the Illinois Procurement Code by changing Section 50-13. SENATE BILL NO. 892 A bill for AN ACT to amend the Property Tax Code by changing Sections 21-385, 22-15, and 22-20. SENATE BILL NO. 893 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 304. SENATE BILL NO. 995 A bill for AN ACT concerning regional superintendents of schools. Passed by the Senate, March 18, 1999. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 847, 850, 876, 877, 892, 893 and 995 were ordered printed and to a First Reading. 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":
1498 JOURNAL OF THE [March 18, 1999] Amendment No. 1 to HOUSE BILL 822. The committee roll call vote on Amendment No. 1 to House Bill 822 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. A Smith, Michael, Chair Y Lawfer Y Bost Y Mitchell, Bill A Fowler Y Myers, Richard Y Franks Y O'Brien A Hannig Y Poe Y Hartke Y Reitz, Vice-Chair Y Johnson, Tim A Slone Y Jones, John A Turner, John Y Woolard, Spkpn Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 631. The committee roll call vote on Amendment No. 2 to House Bill 631 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock A Myers, Richard A Coulson Y Pugh A Flowers Y Schoenberg, Vice-Chair Y Howard Y Sharp Y Kenner A Winters Y Wirsing Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 14. The committee roll call vote on HOUSE JOINT RESOLUTION 14 is as follows: 26, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair A Kosel A Bassi Y Lyons, Joseph Y Black (Tenhouse) Y Mathias Y Brosnahan Y McAuliffe Y Fowler Y Moffitt Y Garrett Y Myers, Richard Y Gash Y O'Brien Y Giglio, Vice-Chair Y Pankau Y Hamos Y Reitz Y Harris Y Schmitz Y Hartke A Scully Y Hassert Y Sharp Y Holbrook Y Wait, Spkpn Y Jones, John (Stephens) Y Wojcik Y Zickus
HOUSE OF REPRESENTATIVES 1499 CHANGE OF SPONSORSHIP Representative Capparelli asked and obtained unanimous consent to be removed as chief sponsor and Representative Joseph Lyons asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 479. Representative Dart asked and obtained unanimous consent to be removed as chief sponsor and Representative Lopez asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2036. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Acevedo asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1975. HOUSE BILLS ON SECOND READING Having been read by title a second time on March 16, 1999 and held, the following bills were taken up and advanced to the order of Third Reading: HOUSE BILLS 386, 512, 1363, 1778, 1809, 1905, 1953, 2146, 2216, 2261 and 2824. 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 Bellock, HOUSE BILL 1774 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; 2, 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 Coulson, HOUSE BILL 382 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 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 Holbrook, HOUSE BILL 90 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; 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
1500 JOURNAL OF THE [March 18, 1999] concurrence. RECALLS By unanimous consent, on motion of Representative Lindner, HOUSE BILL 650 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 Parke, HOUSE BILL 1153 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: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Giglio, HOUSE BILL 440 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 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. RECALLS By unanimous consent, on motion of Representative Bost, HOUSE BILL 1282 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 Biggins, HOUSE BILL 1889 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 Hassert, HOUSE BILL 539 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).
HOUSE OF REPRESENTATIVES 1501 On motion of Representative Garrett, HOUSE BILL 77 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; 3, Nays; 0, 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 Stephens, HOUSE BILL 1832 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; 2, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 107. Having been read by title a second time on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Steve Davis offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 107 AMENDMENT NO. 1. Amend House Bill 107 on page 4, by replacing lines 4 through 6 with the following: "(k) If an applicant claims to be a veteran, the Department of Central Management Services must verify that status before granting a veteran preference by requiring a certified copy of the applicant's most recent DD214, report of separation from active duty, discharge certificate, or other evidence of the applicant's most recent discharge from the Armed Forces of the United States.". 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 317. Having been recalled on February 18, 1999, and held on the order of Second Reading, the same was again taken up. Representative Bost offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 317 AMENDMENT NO. 1. Amend House Bill 317 on page 3 by replacing lines 22 through 33 with the following: "(a-15) There shall be an authorized community-based residential
1502 JOURNAL OF THE [March 18, 1999] rehabilitation center alternative health care model in the demonstration program. The community-based residential rehabilitation center shall be located in the area of Illinois south of Interstate Highway 70."; and on page 4, line 4, by replacing "Alternative" with the following: "If, after obtaining its initial certificate of need, an alternative health care delivery model that is a community based residential rehabilitation center seeks to increase the bed capacity of that center, it must obtain a certificate of need from the Illinois Health Facilities Planning Board before increasing the bed capacity. Alternative"; and on page 9 by replacing lines 20 through 23 with the following: "The residential rehabilitation center authorized by the Department may have more than one residence included under the license."; and on page 10 by replacing lines 6 through 10 with the following: "The programs provided in this setting shall be accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF). The program shall have been accredited by CARF". 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 924. Having been read by title a second time on March 10, 1999, and held on the order of Second Reading, the same was again taken up. Representative Jerry Mitchell offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 924 AMENDMENT NO. 1. Amend House Bill 924 as follows: on page 21, by replacing lines 18 through 33 with the following: "(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a) Sec. 21-1a. Tests required for certification. (a) After July 1, 1988, in addition to all other requirements, early childhood, elementary, special, high school, school service personnel, or, except as provided in Section 34-6, administrative certificates shall be issued to persons who have satisfactorily passed a test of basic skills and subject matter knowledge. The tests of basic skills and subject matter knowledge shall be the tests which from time to time are designated by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board and may be tests prepared by an educational testing organization or tests designed by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board. The areas to be covered by the test of basic skills shall include the basic skills of reading, writing, grammar and mathematics. The test of subject matter knowledge shall assess content knowledge in the specific subject field. The tests shall be designed to be racially neutral to assure that no person in taking the tests is thereby discriminated against on the basis of race, color, national origin or other factors unrelated to the person's ability to perform as a certificated employee. The score required to pass the tests of basic skills and subject matter knowledge shall be fixed by the
HOUSE OF REPRESENTATIVES 1503 Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board. The tests shall be held not fewer than 3 times a year at such time and place as may be designated by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board. (b) Except as provided in Section 34-6, the provisions of subsection (a) of this Section shall apply equally in any school district subject to Article 34, provided that the Professional Teacher Standards Board State Board of Education shall determine which certificates issued under Sections 34-8.1 and 34-83 prior to July 1, 1988 are comparable to any early childhood certificate, elementary school certificate, special certificate, high school certificate, school service personnel certificate or administrative certificate issued under this Article as of July 1, 1988. (c) A person who holds an early childhood, elementary, special, high school or school service personnel certificate issued under this Article on or at any time before July 1, 1988, including a person who has been issued any such certificate pursuant to Section 21-11.1 or in exchange for a comparable certificate theretofore issued under Section 34-8.1 or Section 34-83, shall not be required to take or pass the tests in order to thereafter have such certificate renewed. (d) (Blank). The State Board of Education in consultation with the State Teacher Certification Board shall conduct a pilot administration of the tests by administering the test to students completing teacher education programs in the 1986-87 school year for the purpose of determining the effect and impact of testing candidates for certification. (e) The rules and regulations developed to implement the required test of basic skills and subject matter knowledge shall include the requirements of subsections (a), (b), and (c) and shall include specific regulations to govern test selection; test validation and determination of a passing score; administration of the tests; frequency of administration; applicant fees; frequency of applicants' taking the tests; the years for which a score is valid; and, waiving certain additional tests for additional certificates to individuals who have satisfactorily passed the test of basic skills and subject matter knowledge as required in subsection (a). The Professional Teacher Standards Board State Board of Education shall provide, by rule, specific policies that assure uniformity in the difficulty level of each form of the basic skills test and each subject matter knowledge test from test-to-test and year-to-year. The Professional Teacher Standards Board State Board of Education shall also set a passing score for the tests. (f) (Blank). The State Teacher Certification Board may issue a nonrenewable temporary certificate between July 1, 1988 and August 31, 1988 to individuals who have taken the tests of basic skills and subject matter knowledge prescribed by this Section but have not received such test scores by August 31, 1988. Such temporary certificates shall expire on December 31, 1988. (g) Beginning January 1, 2000 July 1, 1999, the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board, shall implement and administer the a new system of certification for teachers in the State of Illinois. The Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board, shall design and implement a system of examinations and various other criteria which shall be required prior to the issuance of Initial Teaching Certificates and Standard Teaching Certificates. These examinations and indicators shall be based on national professional teaching standards, as determined by
1504 JOURNAL OF THE [March 18, 1999] the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board. The Professional Teacher Standards Board State Board of Education may adopt any and all regulations necessary to implement and administer this Section. (h) The Professional Teacher Standards Board State Board of Education shall report to the Illinois General Assembly and the Governor with recommendations for further changes and improvements to the teacher certification system no later than January July 1, 2001 1999 and on an annual basis until January July 1, 2003 2001. (Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and by deleting pages 22 and 23; and on page 24, by deleting lines 1 through 22; and on page 26, by replacing lines 6 through 33 with the following: "(105 ILCS 5/21-2) (from Ch. 122, par. 21-2) Sec. 21-2. Grades of certificates. (a) Until July 1, 1999, all certificates issued under this Article shall be State certificates valid, except as limited in Section 21-1, in every school district coming under the provisions of this Act and shall be limited in time and designated as follows: Provisional vocational certificate, temporary provisional vocational certificate, early childhood certificate, elementary school certificate, special certificate, high school certificate, school service personnel certificate, administrative certificate, provisional certificate, and substitute certificate. The requirement of student teaching under close and competent supervision for obtaining a teaching certificate may be waived by the Professional Teacher Standards Board State Teacher Certification Board upon presentation to that the Board by the teacher of evidence of 5 years successful teaching experience on a valid certificate and graduation from a recognized institution of higher learning with a bachelor's degree with not less than 120 semester hours and a minimum of 16 semester hours in professional education. (b) Initial Teaching Certificate. Beginning July 1, 1999, persons who (1) have completed an approved teacher preparation program, (2) are recommended by an approved teacher preparation program, (3) have successfully completed the Initial Teaching Certification examinations required by the Professional Teacher Standards Board State Board of Education, and (4) have met all other criteria established by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board, shall be issued an Initial Teaching Certificate valid for 4 years of teaching. Initial Teaching Certificates shall be issued for categories corresponding to Early Childhood, Elementary, Secondary, and Special K-12, with special certification designations for Special Education, Bilingual Education, fundamental learning areas (including Language Arts, Reading, Mathematics, Science, Social Science, Physical Development and Health, Fine Arts, and Foreign Language), and other areas designated by the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board. (c) Standard Certificate. Beginning July 1, 1999, persons who (1) have completed 4 years of teaching with an Initial Certificate, have successfully completed the Standard Teaching Certificate examinations, and have met all other criteria established by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board, or (2) were issued teaching certificates prior to July 1, 1999 and are renewing those certificates after July 1, 1999, shall be issued a Standard Certificate valid for 5 years, which may be renewed thereafter every 7 5 years by the Professional Teacher Standards Board State Teacher
HOUSE OF REPRESENTATIVES 1505 Certification Board based on proof of continuing education or professional development. Standard Certificates shall be issued for categories corresponding to Early Childhood, Elementary, Secondary, and Special K-12, with special certification designations for Special Education, Bilingual Education, fundamental learning areas (including Language Arts, Reading, Mathematics, Science, Social Science, Physical Development and Health, Fine Arts, and Foreign Language), and other areas designated by the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board. (d) Master Certificate. Beginning July 1, 1999, persons who have successfully achieved National Board certification through the National Board for Professional Teaching Standards shall be issued a Master Certificate, valid for 7 years and renewable thereafter every 7 years through compliance with requirements set forth by the Professional Teacher Standards Board State Board of Education. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99.) (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1) Sec. 21-2.1. Early childhood certificate. (a) An early childhood certificate shall be valid for 4 years for teaching children up to 6 years of age, exclusive of children enrolled in kindergarten, in facilities approved by the Professional Teacher Standards Board State Superintendent of Education. Beginning July 1, 1988, such certificate shall be valid for 4 years for Teaching children through grade 3 in facilities approved by the Professional Teacher Standard Board State Superintendent of Education. Subject to the provisions of Section 21-1a, it shall be issued to persons who have graduated from a recognized institution of higher learning with a bachelor's degree and with not fewer than 120 semester hours including professional education or human development or, until July 1, 1992, to persons who have early childhood education instruction and practical experience involving supervised work with children under 6 years of age or with children through grade 3. Such persons shall be recommended for the early childhood certificate by a recognized institution as having completed an approved program of preparation which includes the requisite hours and academic and professional courses and practical experience approved by the Professional Teacher Standards Board State Superintendent of Education in consultation with the State Teacher Certification Board. (b) Beginning July 1, 1999, Initial and Standard Early Childhood Education Certificates shall be issued to persons who meet the criteria established by the Professional Teacher Standards Board State Board of Education. (Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and by deleting pages 27 and 28; and on page 29, by deleting lines 1 through 9; and on page 29, by replacing lines 22 through 32 with the following: "(105 ILCS 5/21-3) (from Ch. 122, par. 21-3) Sec. 21-3. Elementary certificate. (a) An elementary school certificate shall be valid for 4 years for teaching in the kindergarten and lower 9 grades of the common schools. Subject to the provisions of Section 21-1a, it shall be issued to persons who have graduated from a recognized institution of higher learning with a bachelor's degree and with not fewer than 120 semester hours and with a minimum of 16 semester hours in professional education, including 5 semester hours in student teaching under competent and close supervision. Such persons shall be recommended for the elementary certificate by a recognized institution as having completed an approved program of preparation which includes intensive preservice training in the humanities,
1506 JOURNAL OF THE [March 18, 1999] natural sciences, mathematics, and the academic and professional courses approved by the Professional Teacher Standards Board State Superintendent of Education in consultation with the State Teacher Certification Board. (b) Beginning July 1, 1999, Initial and Standard Elementary Certificates shall be issued to persons who meet all of the criteria established by the Professional Teacher Standards Board State Board of Education for elementary education. (Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.) (105 ILCS 5/21-4) (from Ch. 122, par. 21-4) Sec. 21-4. Special certificate. (a) A special certificate shall be valid for 4 years for teaching the special subjects named therein in all grades of the common schools. Subject to the provisions of Section 21-1a, it shall be issued to persons who have graduated from a recognized institution of higher learning with a bachelor's degree and with not fewer than 120 semester hours including a minimum of 16 semester hours in professional education, 5 of which shall be in student teaching under competent and close supervision. When the holder of such certificate has earned a master's degree, including 8 eight semester hours of graduate professional education from a recognized institution of higher learning and with 2 two years' teaching experience, it may be endorsed for supervision. Such persons shall be recommended for the special certificate by a recognized institution as having completed an approved program of preparation which includes academic and professional courses approved by the Professional Teacher Standards Board State Superintendent of Education in consultation with the State Teacher Certification Board. (b) Those persons holding special certificates on July 1, 1999 shall be eligible for one of the following: (1) The issuance of Standard Elementary and Standard Secondary Certificates with appropriate special certification designations as determined by the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board, and consistent with rules adopted by the Professional Teacher Standards Board State Board of Education. These certificates shall be renewed as provided in subsection (c) of Section 21-2. (2) The issuance of Standard Special K-12 Certificates with appropriate special certification designations, which shall be renewed as provided in subsection (c) of Section 21-2. These certificates shall not be eligible for additional certification designations except as approved by the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board. (c) Those persons eligible to receive K-12 certification after July 1, 1999 shall be issued Initial Elementary and Initial Secondary Certificates with appropriate special certification designations pursuant to this Section or Initial Special K-12 Certificates with appropriate special certification designations pursuant to this Section. These Initial K-12 Special Certificates shall not be eligible for additional certification designations except as approved by the Professional Teacher Standards Board State Board of Education, in consultation with the State Teacher Certification Board. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99.) (105 ILCS 5/21-5) (from Ch. 122, par. 21-5) Sec. 21-5. High school certificate. (a) A high school certificate shall be valid for 4 years for teaching in grades 6 to 12 inclusive of the common schools. Subject to the provisions of Section 21-1a, it shall be issued to persons who
HOUSE OF REPRESENTATIVES 1507 have graduated from a recognized institution of higher learning with a bachelor's degree and with not fewer than 120 semester hours including 16 semester hours in professional education, 5 of which shall be in student teaching under competent and close supervision and with one or more teaching fields. Such persons shall be recommended for the high school certificate by a recognized institution as having completed an approved program of preparation which includes the academic and professional courses approved by the Professional Teacher Standards Board State Superintendent of Education in consultation with the State Teacher Certification Board. (b) Beginning July 1, 1999, Initial and Standard Secondary Certificates shall be issued to persons who meet all of the criteria established by the Professional Teacher Standards Board State Board of Education for secondary education. (Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and by deleting pages 30 and 31; and on page 32, by deleting lines 1 through 23; and on page 60, by replacing lines 32 and 33 with the following: "(105 ILCS 5/21-14) (from Ch. 122, par. 21-14) Sec. 21-14. Registration and renewal of certificates. (a) A limited four-year certificate or a certificate issued after July 1, 1955, shall be renewable at its expiration or within 60 days thereafter by the county superintendent of schools having supervision and control over the school where the teacher is teaching upon certified evidence of meeting the requirements for renewal as required by this Act and prescribed by the Professional Teacher Standards Board State Board of Education in consultation with the State Teacher Certification Board. An elementary supervisory certificate shall not be renewed at the end of the first four-year period covered by the certificate unless the holder thereof has filed certified evidence with the Professional Teacher Standards Board State Teacher Certification Board that he has a master's degree or that he has earned 8 semester hours of credit in the field of educational administration and supervision in a recognized institution of higher learning. The holder shall continue to earn 8 semester hours of credit each four-year period until such time as he has earned a master's degree. All certificates not renewed or registered as herein provided shall lapse after a period of 4 years from the expiration of the last year of registration. Such certificates may be reinstated for a one year period upon payment of all accumulated registration fees. Such reinstated certificates shall only be renewed: (1) by earning 5 semester hours of credit in a recognized institution of higher learning in the field of professional education or in courses related to the holder's contractual teaching duties; or (2) by presenting evidence of holding a valid regular certificate of some other type. Any certificate may be voluntarily surrendered by the certificate holder. A voluntarily surrendered certificate shall be treated as a revoked certificate. (b) When those teaching certificates issued before July 1, 1999 are renewed for the first time after July 1, 1999, all such teaching certificates shall be exchanged for Standard Teaching Certificates as provided in subsection (c) of Section 21-2. All Initial and Standard Teaching Certificates, including those issued to persons who previously held teaching certificates issued before July 1, 1999, shall be renewable under the conditions set forth in this subsection (b). Initial Teaching Certificates are nonrenewable and are valid for 4 years of teaching. Standard Teaching Certificates are renewable every 5 years as provided in subsection (c) of Section 21-2. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1508 JOURNAL OF THE [March 18, 1999] 1-26-99.)"; and by deleting page 61; and on page 62, by deleting lines 1 through 13. 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 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 Hoffman, HOUSE BILL 604 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; 1, 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. RECALLS By unanimous consent, on motion of Representative Couslon, HOUSE BILL 2271 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 Bugielski, HOUSE BILL 1742 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 Mautino, HOUSE BILL 2388 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 Saviano, HOUSE BILL 1700 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 Cowlishaw, HOUSE BILL 39 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; 1, Answering Present.
HOUSE OF REPRESENTATIVES 1509 (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. On motion of Representative Hannig, HOUSE BILL 1510 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: 116, Yeas; 0, 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. RECALLS By unanimous consent, on motion of Representative Leitch, HOUSE BILL 1811 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 Coulson, HOUSE BILL 886 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; 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 Winters, HOUSE BILL 2281 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: 72, Yeas; 43, Nays; 1, 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 Monique Davis, HOUSE BILL 754 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: 29, Yeas; 85, Nays; 2, Answering Present. (ROLL CALL 14) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost.
1510 JOURNAL OF THE [March 18, 1999] On motion of Representative Lang, HOUSE BILL 279 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 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 HOUSE BILL 161. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Insurance, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 161 AMENDMENT NO. 1. Amend House Bill 161 by deleting all of Sections 5 through 999. 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 1742. Having been recalled earlier today, and held on the order of Second Reading, the same was again taken up. On motion of Representative Bugielski, Amendment No. 1 was ordered to lie on the table. There being no further amendments, the bill was again advanced to the order of Third Reading. HOUSE BILL 1743. Having been read by title a second time on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Beaubien offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 1743 AMENDMENT NO. 1. Amend House Bill 1743 by inserting at the end of the bill the following: "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. RECALLS
HOUSE OF REPRESENTATIVES 1511 By unanimous consent, on motion of Representative Hultgren, HOUSE BILL 1762 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 2648. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Biggins offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2648 AMENDMENT NO. 1. Amend House Bill 2648 on page 1, line 12, by replacing "or" with "or, beginning with the 1999 assessment year,"; and on page 2, below line 24, by inserting the following: "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 2827. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2827 AMENDMENT NO. 1. Amend House Bill 2827 by replacing lines 31 through 34 of page 4 and lines 1 through 4 of page 5 with the following: "the respondent, the Department shall conduct a fact finding conference prior to 365 days after the date on which the charge was filed, unless the Director has determined whether there is substantial evidence that the alleged civil rights violation has been committed or the charge has been dismissed for lack of jurisdiction. If the parties agree in writing, the fact finding conference may be held at a time after the 365 day limit. Any". 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 979. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Dart offered the following amendment and moved its
1512 JOURNAL OF THE [March 18, 1999] adoption: AMENDMENT NO. 1 TO HOUSE BILL 979 AMENDMENT NO. 1. Amend House Bill 979, on page 3, line 5, immediately after "procedure", by inserting the following: "or where the product is not reasonably available in the commercial marketplace; provided that the requirements of this paragraph (1) shall not apply to pre-filled syringes or medications approved by the federal Food and Drug Administration". 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. RECALLS By unanimous consent, on motion of Representative Hoeft, HOUSE BILL 1830 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 Hoffman, HOUSE BILL 747 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 Zickus, HOUSE BILL 2823 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 631. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. 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,
HOUSE OF REPRESENTATIVES 1513 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) 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
1514 JOURNAL OF THE [March 18, 1999] 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 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
HOUSE OF REPRESENTATIVES 1515 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 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
1516 JOURNAL OF THE [March 18, 1999] 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, 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,
HOUSE OF REPRESENTATIVES 1517 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. (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
1518 JOURNAL OF THE [March 18, 1999] 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 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
HOUSE OF REPRESENTATIVES 1519 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 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
1520 JOURNAL OF THE [March 18, 1999] 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 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
HOUSE OF REPRESENTATIVES 1521 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. 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
1522 JOURNAL OF THE [March 18, 1999] 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 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.". Representative Feigenholtz offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 631
HOUSE OF REPRESENTATIVES 1523 AMENDMENT NO. 2. Amend House Bill 631, AS AMENDED, 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, and 18.062 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 mutually consenting adult members of birth families and adoptive families, as well as legal guardians of surrendered children, and adult adopted or surrendered persons may voluntarily 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 voluntary Medical Information Exchange. (750 ILCS 50/18.052 new) Sec. 18.052. Definitions. When used in Sections beginning with Section 18.051 and preceding Section 18.1, 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, adult child or adoptive parent 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 certificate of live birth, 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 a parent, adult biological sibling, adoptive child, or biological child who was not surrendered for adoption of a deceased birth parent. "Birth sibling" means the adult adopted or surrendered full or half sibling of an adopted or surrendered person. "Denial of Information Exchange" 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.
1524 JOURNAL OF THE [March 18, 1999] "Identifying information" means the surname, given name or names, and address of any interested party. "Illinois Adoption Registry Release Letter" 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 certificate of live birth, 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. "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 eligible adoptive relative, a birth parent, a birth sibling, or an eligible 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 a legal notice of death 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. Subject to appropriation, 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 voluntary exchange of medical information between mutually consenting birth parents, birth siblings, and eligible 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 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 each registrant a copy of any Medical Exchange Questionnaire submitted to the Registry prior to the registrant's registration by one of his or her biological relatives or, if the registrant is the adoptive parent or legal guardian of an adopted or surrendered person under the age of 18, any Medical Exchange Questionnaire submitted to the Registry by a biological relative of his or her adopted child or the child who is under his or her legal guardianship. If an adult adopted or surrendered person, adoptive parent, legal guardian, or
HOUSE OF REPRESENTATIVES 1525 adoptive relative has registered with the Registry and one of the adopted or surrendered person's biological relatives subsequently applies to the Registry, the Illinois Adoption Registry shall forward a copy of the birth parent's, birth sibling's, or birth relative's Medical Information Exchange Questionnaire to the adopted or surrendered person, adoptive parent, legal guardian, or adoptive relative at the most recent address on file with the Illinois Adoption Registry and Medical Information Exchange. (b) Voluntary 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 voluntarily 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 Denial of Information Exchange 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. (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 any adoption finalized by a court action in the State of Illinois, any adoption of a person born in Illinois finalized by a court action in a state other than Illinois or in a foreign country, and any surrender taken in the State of Illinois for which the adopted or surrendered person, or one of his or her birth parents, birth siblings, eligible birth or adoptive relatives, adoptive parents, or legal guardians has voluntarily registered with the Registry and completed an Illinois Adoption Registry Application. Files may be established for adoptions finalized prior to as well as adoptions finalized on or after the effective date of this amendatory Act of the 91st General Assembly. (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 voluntarily completed by the adopted or surrendered person or his or her adoptive parents, legal guardians, birth parents, birth siblings, adoptive relatives, or birth relatives. (2) Any written statements, letters, photographs, or other items voluntarily provided by any registrant for the adopted or surrendered person or any other interested party at the time of registration or any time thereafter. All such items and documents shall be submitted in an unsealed envelope no larger than 8 1/2" x 11", and shall not include identifying information pertaining to any person other than the registrant who submitted them. (3) Any Information Exchange Authorization or Denial of Information Exchange 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, copies of the original certificate of live birth, the consent or surrender to adoption or order of termination of parental rights,
1526 JOURNAL OF THE [March 18, 1999] and the judgment for adoption as well as the Affidavit of Information. (5) Any updated addresses submitted by any interested party. (6) Any non-identifying information submitted to the Registry by a confidential intermediary. (7) 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 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, gender, 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, the surnames, given name or 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, a birth parent, or the 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 gender 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 voluntarily 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 birth and adoptive relatives shall be asked to indicate all genetically-inherited diseases and conditions on this list which are known to exist in the adopted or surrendered person's biological family 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
HOUSE OF REPRESENTATIVES 1527 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 voluntarily 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 genetically-transmitted diseases or conditions listed on the medical questionnaire with which the adopted or surrendered person has been diagnosed since birth, if applicable, which are known to exist in the adopted or surrendered person's biological family. The Medical Exchange Questionnaire shall also include a disclaimer informing registrants that the Department of Public Health cannot guarantee the accuracy of medical information exchanged through the Registry. (c) Part III: Written statement. All registrants shall be given the opportunity to voluntarily file a written statement with the Registry. This statement may include any additional medical data or any known social, ethnic, or biographical information, and may be submitted on the space provided on the Information Exchange Authorization or in a separate, unsealed envelope no larger than 8 1/2" x 11". No written statement submitted to the Registry shall include identifying information pertaining to any person other than the registrant who submitted it. (d) Part IV. Contact information. All registrants may indicate their wishes regarding contact with any other interested party by completing an Information Exchange Authorization, a Denial of Information Exchange, or an affidavit authorizing contact by a certified confidential intermediary. (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, birth siblings, or birth relatives; birth parents, and birth relatives who would welcome contact with an adopted or surrendered person, or one or more of his or her adoptive parents or legal guardians or adoptive relatives; and adoptive parents or legal guardians of adopted or surrendered persons under the age of 18 who would welcome contact with one or more of the adopted or surrendered person's birth parents, birth siblings, or birth relatives may specify with which biological relative or relatives of the adopted or surrendered person they wish to exchange identifying information by filing an Information Exchange Authorization at the time of the adoption or surrender, or any time thereafter. (2) Denial of Information Exchange. 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, birth siblings, or birth relatives may specify with which biological relative or relatives they do not wish to exchange identifying information by filing a Denial of Information Exchange. Birth parents and birth relatives who do not wish to establish direct contact with an adopted or surrendered person, or one or more of his or her adoptive parents or legal guardians, or his or her 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 one or more of the adopted or surrendered person's birth parents, birth siblings, or birth relatives may specify with which biological relative or relatives they do not wish to exchange identifying information by filing a Denial of Information Exchange at the time of the adoption or surrender, or any time thereafter.
1528 JOURNAL OF THE [March 18, 1999] Upon receipt of a Denial of Information Exchange or Information Exchange Authorization, the Illinois Adoption Registry shall provide the registrant with a copy of the appropriate revocation form. A Denial of Information Exchange or Information Exchange Authorization may be revoked at any time, without charge, by filing the appropriate revocation form or by notifying the Registry in writing of the desire to revoke the Denial of Information Exchange or the Information Exchange Authorization. Denials of Information Exchange and Information Exchange Authorizations filed by an adoptive parent or legal guardian on behalf 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, registrations filed by his or her birth parents, birth siblings, or birth relatives shall be handled in the same manner as in cases where the adopted or surrendered person has not filed an Information Exchange Authorization or Denial of Information Exchange with the Registry. (e) All Illinois Adoption Registry Applications, Information Exchange Authorizations, Denials of Information Exchange, requests to revoke an Information Exchange Authorization or Denial of Information Exchange, and affidavits submitted to the Registry shall be accompanied by proof of identification. In addition, applications submitted by a birth relative or an adoptive relative shall also be accompanied by a proof of death for the deceased birth parent or adopted person. (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. Registry matches. (a) The Registry shall release identifying information to the following mutually consenting 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 siblings who have both filed an Information Exchange Authorization specifying the other consenting party 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 sibling; (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, birth siblings, or birth relatives who have both filed an Information Exchange Authorization specifying the other consenting party 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, birth sibling, or birth relative; or (iii) a birth parent, birth sibling, or birth relative and an adoptive relative who have both filed an Information Exchange Authorization specifying the other consenting party with the Registry, if information available to the Registry confirms that the deceased adopted person was a biological relative of the
HOUSE OF REPRESENTATIVES 1529 consenting birth parent, birth sibling, or birth relative; or (iv) a birth relative and an adopted or surrendered person who have both filed an Information Exchange Authorization specifying the other consenting party with the Registry, if information available to the Registry confirms that the adopted or surrendered person was a biological relative of the deceased birth parent. All eligible adult adopted or surrendered persons who are the subject of a Registry match may be issued an Illinois Adoption Registry Release Letter 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 a Denial of Information Release 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 Denial of Information Exchange Questionnaire as well as any letters, pictures, or documents which have been placed in the Adoption/Surrender Records File by the person who filed the Denial of Information Release and are specifically intended for them. (750 ILCS 50/18.057 new) Sec. 18.057. Illinois Adoption Registry Authorization. In the event of a Registry match, adult adopted or surrendered persons, under certain circumstances, may be issued an Illinois Adoption Registry Release Letter to access any of the documents listed in this Section which are not included in their Adoption/Surrender Records File. The Illinois Adoption Registry Release Letter shall entitle the adopted or surrendered person to receive a copy of his or her original certificate of live birth from the Department of Public Health; if applicable, a copy of the judgment for adoption from the court of 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. (1) If only the birth mother is named on the original certificate of live birth 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 certificate of live birth and, if applicable, judgment for adoption, or issue an Illinois Adoption Registry Release Letter which entitles him or her to receive unaltered copies of the original certificate of live birth and, if applicable, the judgment for adoption and other specified documents. (2) If only the birth mother is named on the original certificate of live birth and, if applicable, the judgment for adoption, and there is a proof of death on file with the Registry indicating that the birth mother has been deceased for at least 2 years, the Illinois Adoption Registry shall provide the adopted or surrendered person with an Illinois Adoption Registry Release Letter entitling him or her to receive unaltered copies of the original certificate of live birth and, if applicable, the judgment for adoption and other specified documents. (3) If both the birth mother and birth father are named on
1530 JOURNAL OF THE [March 18, 1999] the original certificate of live birth 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 certificate of live birth and, if applicable, judgment for adoption or issue an Illinois Adoption Registry Release Letter which entitles him or her to receive unaltered copies of the original certificate of live birth and, if applicable, the judgment for adoption and other specified documents. (4) If both the birth mother and birth father are named on the original certificate of live birth 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: (A) 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 certificate of live birth and, if applicable, the judgment for adoption and other specified documents issued to the adopted or surrendered person and that this deletion be specified on any Illinois Adoption Registry Release Letter issued to the adopted or surrendered person; or (B) Provide a proof of death for the birth parent who has not filed an Information Release Authorization with the Registry. Upon receipt of a proof of death indicating that the nonconsenting birth parent has been deceased for at least 2 years, the Illinois Adoption Registry shall provide the adopted or surrendered person with an Illinois Adoption Registry Release Letter entitling him or her to receive unaltered copies of the original certificate of live birth and, if applicable, the judgment for adoption and other specified documents. (5) If the biological relative who has been matched with an adopted or surrendered person is not one of his or her birth parents, the release of the adopted or surrendered person's original certificate of live birth or, if applicable, judgment for adoption and the issuance of his or her Illinois Adoption Registry Release Letter shall be contingent upon the registrant providing a proof of death or Information Release Authorization for all birth parents named on the original certificate of live birth or, if applicable, judgment for adoption, as specified in subsections (1) through (4). (750 ILCS 50/18.058 new) Sec. 18.058. 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 II of the Illinois Adoption Registry Application at the time of registration, as well as for 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 50/18.059 new) Sec. 18.059. 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 within the scope of this amendatory Act of the 91st General Assembly and pursuant to its provisions.
HOUSE OF REPRESENTATIVES 1531 (750 ILCS 50/18.060 new) Sec. 18.060. Effective date of entitlement. The effective date of entitlement of any person to an Illinois Adoption Registry Release Letter shall be March 1, 2000. (750 ILCS 50/18.061 new) Sec. 18.061. 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 50/18.062 new) Sec. 18.062. Improper disclosure of identifying information. All information submitted to the Registry is confidential and gathered by the State solely for the purpose of facilitating the exchange of updated medical data and contact information between adopted and surrendered persons and other interested parties. Information exchanged through the Registry shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or commission. Disclosure of identifying information in violation of this Act shall be a Class C misdemeanor. (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. 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
1532 JOURNAL OF THE [March 18, 1999] 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 confidentiality substantially as follows: "I, .........., being duly sworn, on oath depose and say: As a condition of appointment as a confidential intermediary, I
HOUSE OF REPRESENTATIVES 1533 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.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. 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 Cross, HOUSE BILL 649 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 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
1534 JOURNAL OF THE [March 18, 1999] concurrence. On motion of Representative Flowers, HOUSE BILL 189 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: 92, Yeas; 22, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 1805. Having been recalled on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Moffitt offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 1805 AMENDMENT NO. 3. Amend House Bill 1805 as follows: in Section 5-10, in the definition of "Auctioneer", by replacing "a person or entity who, for a fee," with "a person or entity who, for another, for a fee,"; and in Section 10-1, after the caption, by inserting "(a)"; and in Section 10-1, after paragraph (3), by inserting the following: "(b) Nothing in this Act shall be construed to apply to a vehicle dealer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of his or her employment for the licensee, or to sales by or through the licensee.". 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 63. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Agriculture & Conservation, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 63 AMENDMENT NO. 1. Amend House Bill 63 by replacing the title with the following: "AN ACT in relation to real estate."; and on page 2, by replacing lines 2 and 3 with the following: "Section 900. The State Finance Act is amended by adding Sections 5.490 and 8.36 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Airport Land Loan Revolving Fund.
HOUSE OF REPRESENTATIVES 1535 (30 ILCS 105/8.36 new) Sec. 8.36. Airport Land Loan Revolving Fund. Appropriations for loans to public airport authorities by the Department of Transportation pursuant to Section 34b of the Illinois Aeronautics Act shall be payable from the Airport Land Loan Revolving Fund. Section 905. The Illinois Aeronautics Act is amended by adding Section 34b as follows: (620 ILCS 5/34b new) Sec. 34b. Airport land loan revolving fund. (a) The Department may make loans to public airport owners, outside of the area of operation for the Northeastern Illinois Metropolitan Area Planning Commission, for the purchase of any real estate interests as may be needed for essential airport purposes, including future needs. The loans are payable from the Airport Land Loan Revolving Fund, subject to appropriation. All repayments of loans made pursuant to this Section, including interest thereon and penalties, shall be deposited in the Airport Land Loan Revolving Fund. The Treasurer shall deposit all investment earnings arising from balances in the Airport Land Loan Revolving Fund in that Fund. (b) All loans under this Section shall be made by contract between the Department and the public airport owner, which contract shall include the following provisions: (1) The annual rate of interest shall be 2 percent below the Prime Rate charged by banks, as published by the Federal Reserve, in effect at the time the Department approves the loan, but in no event shall less than 2 percent be charged. (2) The term of any loan shall not exceed five years, but it may be for less by mutual agreement. (3) Loan payments shall be scheduled in equal amounts for the periods determined under paragraph (4) of this Section. The loan payments shall be calculated so that the loan is completely repaid, with interest, on outstanding balances, by the end of the term determined under paragraph (2) of this Section. There shall be no penalty for early payment ahead of the payment schedule. (4) The period of loan payments shall be annual, unless by mutual agreement a period of less than one year is chosen. (5) The loan shall be secured with the land purchased, in whole or in part, with the loan and considered as collateral. The public airport owner shall assign a first priority interest in the property to the State. (6) If the loan payment is not made within 15 days after the scheduled date determined under paragraph (3) of this Section, a penalty of 10% of the payment shall be assessed. If 30 days after the scheduled payment date no payment has been received, the loan shall be considered in default. (7) As soon as a loan is considered in default, the Department shall notify the public airport owner and attempt to enter into a renegotiation of the loan payment amounts and schedule determined under paragraph (3) of this Section. In no case shall the term of the loan be extended beyond the initial term determined under paragraph (2) of this Section; nor shall the interest rate be lowered nor any interest be forgiven. If a renegotiation of loan payment amounts and schedule is obtained to the Department's satisfaction within 30 days of notification of default, then the new payment schedule shall replace the one determined by paragraph (3) of this Section and shall be used to measure compliance with the loan for purposes of default. If after 30 days of notification of default the Department has not obtained a renegotiation to its satisfaction, the Department shall declare the loan balance due and payable immediately. If the public airport owner cannot immediately pay the balance of
1536 JOURNAL OF THE [March 18, 1999] the loan, the Department shall proceed to foreclose. (c) The Airport Land Loan Resolving Fund is created in the State Treasury. Section 999. Effective date. This Act takes effect upon becoming law.". Representative Franks offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 63 AMENDMENT NO. 2. Amend House Bill 63, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, by replacing lines 3 and 4 with the following: "owners, outside of the counties of Lake, Cook, Will, Kane, and DuPage, for the". The motion prevailed and the amendment was adopted and ordered printed. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 63 AMENDMENT NO. 3. Amend House Bill 63, AS AMENDED, by replacing Sections 900, 905, and 999 with the following: "Section 900. The State Finance Act is amended by adding Sections 5.490 and 8.36 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Airport Land Loan Revolving Fund. (30 ILCS 105/8.36 new) Sec. 8.36. Airport Land Loan Revolving Fund. Appropriations for loans to units of local government or public airport authorities that currently operate an airport and are in existence as of January 1, 1999 by the Department of Transportation pursuant to Section 34b of the Illinois Aeronautics Act shall be payable from the Airport Land Loan Revolving Fund. Section 905. The Illinois Aeronautics Act is amended by adding Section 34b as follows: (620 ILCS 5/34b new) Sec. 34b. Airport land loan revolving fund. (a) The Department may make loans to units of local government or public airport authorities who currently operate an airport and are in existence as of January 1, 1999 for the purchase of any real estate interests within a radius of one-half mile to an existing airport as may be needed for essential airport purposes, including future needs. The loans are payable from the Airport Land Loan Revolving Fund, subject to appropriation. All repayments of loans made pursuant to this Section, including interest thereon and penalties, shall be deposited in the Airport Land Loan Revolving Fund. The Treasurer shall deposit all investment earnings arising from balances in the Airport Land Loan Revolving Fund in that Fund. (b) All loans under this Section shall be made by contract between the Department and the unit of local government or the public airport authority, which contract shall include the following provisions: (1) The annual rate of interest shall be 2 percent below the Prime Rate charged by banks, as published by the Federal
HOUSE OF REPRESENTATIVES 1537 Reserve, in effect at the time the Department approves the loan, but in no event shall less than 2 percent be charged. (2) The term of any loan shall not exceed five years. (3) Loan payments shall be scheduled in equal amounts for the periods determined under paragraph (4) of this Section. The loan payments shall be calculated so that the loan is completely repaid, with interest, on outstanding balances, by the end of the term determined under paragraph (2) of this Section. There shall be no penalty for prepayment of the loan. (4) The period of loan payments shall be annual, unless by mutual agreement a period of less than one year is chosen. (5) The loan shall be secured with the land purchased, in whole or in part. The unit of local government or public airport authority shall assign a first priority lien in the property to the State. (6) If the loan payment is not made within 15 days after the scheduled date determined under paragraph (3) of this Section, a penalty of 10% of the payment shall be assessed. If 30 days after the scheduled payment date no payment has been received, the loan shall be considered in default. (7) As soon as a loan is considered in default, the Department shall notify the unit of local government or the public airport authority and attempt to enter into a renegotiation of the loan payment amounts and schedule determined under paragraph (3) of this Section. In no case shall the term of the loan be extended beyond the initial term determined under paragraph (2) of this Section; nor shall the interest rate be lowered nor any interest be forgiven. If a renegotiation of loan payment amounts and schedule is obtained to the Department's satisfaction within 30 days of notification of default, then the new payment schedule shall replace the one determined by paragraph (3) of this Section and shall be used to measure compliance with the loan for purposes of default. If after 30 days of notification of default the Department has not obtained a renegotiation to its satisfaction, the Department shall declare the loan balance due and payable immediately. If the unit of local government or the public airport authority cannot immediately pay the balance of the loan, the Department shall proceed to foreclose. (c) The Airport Land Loan Resolving Fund is created in the State Treasury. Section 999. 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 numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 112. Having been recalled on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Steve Davis offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 112 AMENDMENT NO. 2. Amend House Bill 112, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on
1538 JOURNAL OF THE [March 18, 1999] page 2, line 2, by inserting after "corporation" the following: "who distributes fireworks for sale in the State of Illinois"; and on page 2, line 3, by replacing ""Pyrotechnic operator"" with ""Lead pyrotechnic operator" or "pyrotechnic operator""; and on page 4, line 15, by changing "January 1, 2001" to "December 1, 1999"; and on page 5, line 6, by changing "January 1, 2001" to "July 1, 2000"; and on page 5, by deleting line 18; and on page 5, line 19, by changing "(4)" to "(3)"; and on page 5, line 20, by changing "(5)" to "(4)"; and on page 5, line 23, by changing "(6)" to "(5)"; and on page 5, by replacing lines 26 and 27 with the following: "(c) After July 1, 2000, no individual may act as a lead operator in a pyrotechnics display without"; and on page 5, by inserting below line 34 the following: "(d) After July 1, 2000, no individual may assist a lead pyrotechnic operator in conducting a pyrotechnic display without having been certified to do so. To obtain such certification, an individual must successfully complete a State Fire Marshal approved in-house training program with a licensed displayer. This certification shall be kept on file with the Office of the State Fire Marshal."; and on page 14, by replacing line 30 with the following: "business offense punishable by a fine not to exceed $5,000; a"; and on page 15, line 1, by replacing "$5,000" with $10,000"; and on page 19, line 22, by replacing "(Source: P.A. 86-1028.)" with the following: "(Source: P.A. 86-1028.) 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 again advanced to the order of Third Reading. HOUSE BILL 60. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Agriculture & Conservation, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 60 AMENDMENT NO. 1. Amend House Bill 60 on page 7, line 32, by replacing "agricultural areas." with "agricultural conservation practices."; and on page 8, line 2, by replacing "agreements" with "conservation practices"; and on page 9, by replacing lines 28 through 31 with the following: "The owners of land within the agricultural area may not be subjected to a civil action for nuisance by a private party. The Department of Agriculture may give technical assistance and provide other resources for owners of land within an agricultural area if subjected to any other private civil action. Nothing in this Act shall be construed as a limitation or preemption of any statutory or regulatory authority arising under subsection (a) of Section 9 of the Environmental Protection Act."; and on page 10, by deleting lines 31 and 32; and
HOUSE OF REPRESENTATIVES 1539 on page 11, by deleting lines 1 through 34; and on page 12, by deleting lines 1 through 33; and on page 13, by deleting lines 1 through 33; and on page 14, by deleting lines 1 through 31. Representative Winters offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 60 AMENDMENT NO. 2. Amend House Bill 60, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Agricultural Areas Conservation and Protection Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Agricultural Areas Conservation and Protection Act is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, and 20.2 and adding Section 11.5 as follows: (505 ILCS 5/4) (from Ch. 5, par. 1004) Sec. 4. Agricultural areas committee. (a) A county board may establish a county agricultural areas committee that which shall consist of (i) 4 four active farmers, no more than 2 two of whom may shall be of the same major political party, and (ii) a member of the county board. (1) The committee shall select one of its members to serve as chairperson chairman of the county committee. (2) The Such a committee shall be established whenever a petition is received by the county board for the creation of an agricultural area under pursuant to Section 6. A, provided that no such county committee may not be established if one has already been established for the such county. (3) Members of the such county committee shall be appointed by and shall serve at the pleasure of the county appointing authority. (4) The members shall serve without salary, but the county board may entitle each such member to reimbursement for his actual necessary expenses incurred in the performance of his official duties. (b) The Such committee shall advise the county board in relation to the proposed establishment, modification, and termination of agricultural areas. The county committee shall render expert advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within the proposed area and the relation of farming in the such area to the county as a whole. (Source: P.A. 81-1173.) (505 ILCS 5/5) (from Ch. 5, par. 1005) Sec. 5. Agricultural areas; creation. Any owner or owners of land may submit a proposal to the county board for the creation of an agricultural area within the such county according to the following provisions:. (1) An agricultural area, at the creation of the any such area, shall not be at least less than 350 acres. (2) The Such proposal shall include a description of the proposed area, including its the boundaries thereof. (3) The Such territory shall be as compact and nearly contiguous as feasible. (4) An area created under this Act shall be established for a period of 10 ten years. (5) No land shall be included in an agricultural area without the consent of the owner.
1540 JOURNAL OF THE [March 18, 1999] (6) No land within an agricultural area shall be used for other than agricultural production as described in Sections 3.01 and 3.02 of this Act. (7) Agreements for the extraction of mineral resources duly agreed upon before prior to the creation of an agricultural area shall be exempted from the use provisions of this Section. In addition, the extraction of mineral resources conducted under pursuant to the Surface Coal Mining Land Conservation and Reclamation Act shall be considered temporary land use and shall be exempted from the use provisions of this Section. (Source: P.A. 84-456.) (505 ILCS 5/6) (from Ch. 5, par. 1006) Sec. 6. Duties of the county board. (a) Upon the receipt of such a proposal to create an agricultural area, the county board shall provide notice of the such proposal (i) by publishing a notice in a newspaper having general circulation within the proposed area or, if no such newspaper has a general circulation within the proposed area then in a newspaper having general circulation within the county and (ii) by posting the such notice in 5 five conspicuous places within the proposed area. A copy of the such notice shall be sent to the county or regional planning commission for review or comment to be made to the county board within 30 days. Such comment shall be made to the county board. The notice required to be published or posted under this Section shall contain the following information:. (1) 1. A statement that a proposal for an agricultural area has been filed with the county board under pursuant to this Act.; (2) 2. A statement that the proposal will be on file open to public inspection at the county clerk's office.; (3) 3. A statement that any landowner, owning land adjacent to or partially encompassed by the proposed area, may propose a modification of the area to include or exclude such lands, within 30 days of the date of publication of notice. The Such application shall be made on forms prescribed by the county board.; (4) 4. A statement that any proposed modification must be filed with the county clerk and the clerk of the county board within 30 days after the publication of the such notice.; (5) 5. A statement that at the termination of the 30 day period, the proposal and proposed modifications will be submitted to the county committee, and that a public hearing will be held on the proposal, proposed modifications, and recommendations of the county committee. (b) The county board shall receive any proposals for modifications of the such proposal that which may be submitted by the landowners within 30 days after the publication of the such notice. (c) The county board shall simultaneously, upon the termination of the such 30 day period, refer the such proposal and proposed modifications to the county committee that, which shall, within 45 days, report to the county board its recommendations concerning the proposal and proposed modifications. (Source: P.A. 81-1173.) (505 ILCS 5/7) (from Ch. 5, par. 1007) Sec. 7. Public hearing required. (a) The Agricultural Areas Committee of the county board shall hold a public hearing on any proposal for the creation of an agricultural area. The Such hearing shall be held at a place within the proposed area or a place readily accessible to the proposed area. (b) Notice of the hearing shall contain (i) a statement of the time, date, and place of the public hearing and (ii) a description of the proposed area and any proposed additions.
HOUSE OF REPRESENTATIVES 1541 The Such notice shall in addition contain a statement that the public hearing will be he held concerning (i) the original proposal, (ii) any written amendments proposed during the 30 day review period, and (iii) any recommendations proposed by the county committee or the planning commissions. The notice shall (i) be published in a newspaper having a general circulation within the proposed area or if no newspaper has general circulation within the proposed area, then in a newspaper having general circulation within the county, and (ii) shall be given in writing to the persons owning land within such a proposed area and adjacent to the proposed area. (Source: P.A. 81-1173.) (505 ILCS 5/8) (from Ch. 5, par. 1008) Sec. 8. Factors for Consideration in formation of agricultural areas. (a) County boards, county committees, and planning commissions shall grant a preference to the recommendations of the landowners within the proposed agricultural area. The following factors should also be considered by county boards, county committees, or planning commissions, with respect to the formation of any agricultural area: (1) 1. The viability of active farming within the proposed area and in areas adjacent to the proposed area. thereto; (2) 2. The presence of any viable farmlands within the proposed area and within land adjacent to the proposed area thereto that are not now in active farming.; (3) 3. The nature and extent of land uses other than active farming within the proposed area and land adjacent to the proposed area. thereto; (4) 4. County developmental patterns and needs.; (5) 5. The existence of a conservation plan approved by the local soil and water conservation district.; and (6) 6. Any other matter that which may be relevant. (b) In judging viability, any relevant agricultural information shall be considered, including: (1) Soil., (2) Climate., (3) Topography., (4) Other natural factors., (5) Markets for farm products., (6) The extent and nature of farm improvements., (7) The present status of farming., (8) Anticipated trends in agricultural economic conditions and technology., and such (9) Other factors as may be relevant. (Source: P.A. 84-456.) (505 ILCS 5/9) (from Ch. 5, par. 1009) Sec. 9. Municipal notice and objections. (a) If the proposed agricultural area includes real estate within a 1 and one-half 1/2 mile radius from the corporate limits of any municipality, the county board shall notify the municipal authorities of the such affected municipality of this proposed area. (b) The Such municipal authorities may object to the proposal if the such objection is presented to the county board within 30 days of the receipt of the proposal by the municipal authorities. Upon receipt of the such objection by the county board, the proposed area shall be modified to exclude the real estate within the 1 and one-half 1/2 mile radius of the corporate limits of the such municipality, unless the property in question is approved for inclusion in the agricultural area by a favorable vote of three-fourths of all members of the county board. In counties where the county board consists of 3 members, only a two-thirds vote is
1542 JOURNAL OF THE [March 18, 1999] required. If no objection is received within the specified time period, the affected real estate shall be included in the agricultural area. (Source: P.A. 81-1173.) (505 ILCS 5/10) (from Ch. 5, par. 1010) Sec. 10. Adoption of plan by county board. The county board, After receiving the reports of the county committee and other comments, and after the such public hearing, the county board may adopt as a plan the proposal or any modification of the proposal it deems appropriate. The proposal may include, including the inclusion, to the extent feasible, of adjacent viable farmlands, and may exclude the exclusion, to the extent feasible, of non-viable farmland and non-farm land. The county board shall act to adopt or reject the proposal, or any modification of it not later than 45 days from the date that the county committee's recommendation on the proposal was submitted to it. The county board shall notify the Department of Agriculture of the adoption or rejection of the proposal and shall provide the Department with a description of the agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/11) (from Ch. 5, par. 1011) Sec. 11. Filing Requirement that description of area Agricultural Areas be filed with county clerk and recorder. Upon the creation or alteration of an agricultural area, the county board must file the description and the accompanying board resolution or ordinance: thereof shall be filed by the county board (1) With the county clerk. (2) Such description shall also be placed On record in the office of the recorder. (Source: P.A. 84-456.) (505 ILCS 5/11.5 new) Sec. 11.5. Stewardship agreements. The Department of Agriculture may enter into agreements with any federal or State agency, other entity, or with any landowner within an agricultural area or proposed agricultural area as may be necessary to furnish surveys, engineering, and assistance for the formation, expansion, maintenance, or renewal of agricultural conservation practices. The Department of Agriculture must develop, by rule, an incentive program for land stewardship that pays up to 75% of the costs of these conservation practices for land that is designated or proposed to be designated as an agricultural area. (505 ILCS 5/12) (from Ch. 5, par. 1012) Sec. 12. Petition for Withdrawal. Any person owning land within an agricultural area may submit a petition to the county board requesting the withdrawal of land from the agricultural area located within that county. Such petition must contain: 1. A statement indicating the proposed alternative use of the land. 2. An explanation of the necessity for changing the current use. 3. An explanation why land outside the agricultural area would not be suitable for proposed use. (Source: P.A. 81-1173.) (505 ILCS 5/13) (from Ch. 5, par. 1013) Sec. 13. Procedures for Consideration of Petition for Withdrawal. 1. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall provide notice of such petition by certified mail to all record owners of property in the agricultural area and by publishing a notice in a newspaper having general circulation in the immediate area of the affected land or, if no such newspaper has a general circulation within such area, then in a newspaper having general circulation
HOUSE OF REPRESENTATIVES 1543 within the county, and by posting such notice in 5 conspicuous places within the immediate area of the affected land. Such notice shall contain the following information: (a) a statement that a petition for withdrawal of land from an agricultural area has been filed with the county board pursuant to this Act; (b) a statement that the petition will be on file open to public inspection at the county clerk's office; (c) a brief, narrative description of the location of the affected land; (d) a statement of the proposed non-agricultural use of the land; (e) a statement that the petition will be referred to the county committee and to the regional and county planning commissions, if any, for review and comment; (f) a statement that a public hearing will be held within 60 days on the petition and on the recommendations of the county committee and of the regional and county planning commissions, if any, at a time and place to be announced. 2. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall refer the petition to the county committee, which shall, within 30 days of its receipt of the petition, report to the county board its recommendations. 3. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall refer the petition to the regional and county planning commissions, if any, which shall, within 30 days of their receipt of the petition, report to the county board their recommendations concerning the potential effect of the withdrawal of land from an agricultural area upon the development patterns and needs of the county and upon the county's planning objectives. (Source: P.A. 81-1173.) (505 ILCS 5/16) (from Ch. 5, par. 1016) Sec. 16. Review of agricultural areas by county board. The county board shall review any agricultural area created under this Act every 10 years after the date of its creation and every 8 years thereafter. In conducting the such review, the county board shall: (1) Grant a preference to the recommendations of the landowners in the agricultural area. (2) Ask for the recommendations of the county committee., and shall, (3) At least 120 days before the 10-year prior to such date, require the Agricultural Areas Committee to hold a public hearing at a place within the area or other readily accessible place. The Committee must give (i) upon notice being given in a newspaper having general circulation within the area or if there is no such newspaper, then in a newspaper having general circulation within the county, and (ii) individual notice in writing to the persons owning land within the area, to the persons owning land adjacent to the area, and to the county or regional planning commission. Included in the notice to the landowners owning land in the agricultural area shall be a statement that, by submitting a letter to the agricultural areas committee at or prior to the public hearing, any landowner of land within the agricultural area may request that his or her land be removed from the agricultural area to be reviewed. The letter must contain: (1) a request to remove land from the agricultural area; (2) an affidavit that the author is the landowner of the land proposed for removal from the agricultural area; and
1544 JOURNAL OF THE [March 18, 1999] (3) a legal description, map, and acres proposed for removal from the agricultural area. The land described in the letter shall no longer be included in the agricultural area. The county board After receiving the landowners' recommendations and the reports of the county committee and after the public hearing, the county board may (i) terminate the area at the end of a such 10 or 8 year period periods by filing a notice of termination with the county clerk, (ii) decide not to take any action, or (iii) the county board may modify the area in the same manner as is provided in Section 6 of this Act. If the county board does not act, the area shall continue as originally constituted. The county board shall notify the Department of Agriculture of any alterations to an agricultural area or the termination of an agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/17) (from Ch. 5, par. 1017) Sec. 17. Petition for dissolution. Ten years after the date of creation of any agricultural area and every 10 years thereafter, owners of land within the such area may petition the county board to dissolve the area. The Such petition must be submitted in writing to the county board during the year 120 day period immediately prior to the 10th anniversary of the creation of the area. If Should the petition contains contain signatures of at least two-thirds of the landowners, their heirs, assigns or representatives, owning at least two-thirds of the land within the area, the area shall be dissolved. The county board shall notify the Department of Agriculture of the dissolution of any agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/18) (from Ch. 5, par. 1018) Sec. 18. Limitation on local regulations and on suits. No local government shall exercise any of its powers to enact local laws or ordinances within an agricultural area in a manner that which would unreasonably restrict or regulate farm structures or farming practices, including the acquisition of land by annexation or eminent domain, in contravention of the purposes of this Act. The owners of land within the agricultural area may not be subjected to a civil action for nuisance by a private party. The Department of Agriculture may give technical assistance and provide other resources for owners of land within an agricultural area if subjected to any other private civil action. Nothing in this Act shall be construed as a limitation or preemption of any statutory or regulatory authority arising under subsection (a) of Section 9 of the Environmental Protection Act. The unless such restrictions or regulations may be adopted and the nuisance suits may be allowed if bearing bear a direct relationship to the public health or safety. (Source: P.A. 81-1173.) (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2) Sec. 20.2. Adding land to designated agricultural areas. Any petition proposal for adding land to a designated agricultural area shall be subject to the same procedures for creating a new agricultural area as specified in Sections 5 through 10 of this Act. No minimum acreage shall be required for adding land to an agricultural area be submitted to the county board which shall forward the proposal to the county committee within 10 days. Within 45 days from the date the proposal was submitted to it, the county committee shall review the proposed addition and shall recommend the approval, disapproval or modification of the proposal. The county committee shall submit a report of its recommendations to the county
HOUSE OF REPRESENTATIVES 1545 board which shall act on the recommendations within 30 days. The county board shall notify the Department of Agriculture of any addition of land to a designated agricultural area within 45 days of taking such action. Any land added to a designated agricultural area under this Section shall be subject to review under Section 16 at the same times as the original area is subject to such review. The dates for such review and the period during which a petition may be filed under Section 17 shall not be affected by the addition of land under this Section. (Source: P.A. 84-456.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3 TO HOUSE BILL 60 AMENDMENT NO. 3. Amend House Bill 60, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Agricultural Areas Conservation and Protection Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Agricultural Areas Conservation and Protection Act is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, and 20.2 and adding Section 11.5 as follows: (505 ILCS 5/4) (from Ch. 5, par. 1004) Sec. 4. Agricultural areas committee. (a) A county board shall may establish a county agricultural areas committee that which shall consist of (i) 4 four active farmers, no more than 2 two of whom shall be of the same major political party, and (ii) a member of the county board. (1) The committee shall select one of its members to serve as chairperson chairman of the county committee. (2) The Such a committee shall be established whenever a petition is received by the county board for the creation of an agricultural area under pursuant to Section 6. A, provided that no such county committee may not be established if one has already been established for the such county. (3) Members of the such county committee shall be appointed by and shall serve at the pleasure of the county appointing authority. (4) The members shall serve without salary, but the county board may entitle each such member to reimbursement for his actual necessary expenses incurred in the performance of his official duties. (b) The Such committee shall advise the county board in relation to the proposed establishment, modification, and termination of agricultural areas. The county committee shall render expert advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within the proposed area and the relation of farming in the such area to the county as a whole. (Source: P.A. 81-1173.) (505 ILCS 5/5) (from Ch. 5, par. 1005) Sec. 5. Agricultural areas; creation. Any owner or owners of land may submit a petition proposal to the county board for the creation of an agricultural area within the such county according to the following provisions:. (1) An agricultural area, at the creation of the any such area, shall not be at least less than 350 acres. (2) The petition Such proposal shall include a description of the proposed area, including its the boundaries thereof. (3) The Such territory shall be as compact and nearly contiguous as feasible.
1546 JOURNAL OF THE [March 18, 1999] (4) An area created under this Act shall be established for a period of 10 ten years. (5) No land shall be included in an agricultural area without the consent of the owner. (6) No land within an agricultural area shall be used for other than agricultural production as described in Sections 3.01 and 3.02 of this Act. (7) Agreements for the extraction of mineral resources duly agreed upon before prior to the creation of an agricultural area shall be exempted from the use provisions of this Section. In addition, the extraction of mineral resources conducted under pursuant to the Surface Coal Mining Land Conservation and Reclamation Act shall be considered temporary land use and shall be exempted from the use provisions of this Section. (Source: P.A. 84-456.) (505 ILCS 5/6) (from Ch. 5, par. 1006) Sec. 6. Duties of the county board. (a) Within 10 days after receiving Upon the receipt of such a petition to create an agricultural area proposal, the county board shall provide notice of the petition (i) such proposal by publishing a notice in a newspaper having general circulation within the proposed area or, if no such newspaper has a general circulation within the proposed area then in a newspaper having general circulation within the county and (ii) by posting the such notice in 5 five conspicuous places within the proposed area. A copy of the such notice shall be sent to the county or regional planning commission for review or written comment to be made to the county board within 30 days. Such comment shall be made to the county board. The notice required to be published or posted under this Section shall contain the following information:. (1) 1. A statement that a petition proposal for an agricultural area has been filed with the county board under pursuant to this Act.; (2) 2. A statement that the petition proposal will be on file open to public inspection at the county clerk's office.; (3) 3. A statement that any landowner, owning land adjacent to or partially encompassed by the proposed area, may propose a modification of the area to include or exclude such lands, within 30 days of the date of publication of the newspaper notice. The proposed modification Such application shall be made on forms prescribed by the county board.; (4) 4. A statement that any proposed modification must be filed with the county clerk and the clerk of the county board within 30 days after the publication of the newspaper such notice.; (5) 5. A statement that at the termination of the 30 day period, the petition proposal and proposed modifications will be submitted to the county committee, and that a public hearing will be held on the petition proposal, proposed modifications, and recommendations of the county committee. (b) The county board shall receive any petitions proposals for modifications of the petition that such proposal which may be submitted by the landowners within 30 days after the publication of the such notice. (c) The county board shall simultaneously, upon the termination of the such 30 day period, refer the petition such proposal and proposed modifications to the county committee that, which shall, within 45 days, report to the county board its recommendations concerning the petition proposal and proposed modifications. (Source: P.A. 81-1173.) (505 ILCS 5/7) (from Ch. 5, par. 1007)
HOUSE OF REPRESENTATIVES 1547 Sec. 7. Public hearing required. (a) The Agricultural Areas Committee of the county board shall hold a public hearing on any petition proposal for the creation of an agricultural area. The Such hearing shall be held at a place within the proposed area or a place readily accessible to the proposed area. (b) Notice of the hearing shall contain (i) a statement of the time, date, and place of the public hearing and (ii) a description of the proposed area and any proposed additions. The Such notice shall in addition contain a statement that the public hearing will be he held concerning (i) the original petition proposal, (ii) any written modifications amendments proposed during the 30 day review period, and (iii) any recommendations proposed by the county committee or the planning commissions. The notice shall (i) be published in a newspaper having a general circulation within the proposed area or if no newspaper has general circulation within the proposed area, then in a newspaper having general circulation within the county, and (ii) shall be given in writing to the persons owning land within such a proposed area and adjacent to the proposed area. (Source: P.A. 81-1173; revised 12-23-98.) (505 ILCS 5/8) (from Ch. 5, par. 1008) Sec. 8. Factors for Consideration in formation of agricultural areas. (a) County boards, county committees, and planning commissions shall grant a preference to the recommendations of the landowners within the proposed agricultural area. The following factors should also be considered by county boards, county committees, or planning commissions, with respect to the formation of any agricultural area: (1) 1. The viability of active farming within the proposed area and in areas adjacent to the proposed area. thereto; (2) 2. The presence of any viable farmlands within the proposed area and within land adjacent to the proposed area thereto that are not now in active farming.; (3) 3. The nature and extent of land uses other than active farming within the proposed area and land adjacent to the proposed area. thereto; (4) 4. County developmental patterns, plans, and needs.; (5) 5. The existence of a conservation plan approved by the local soil and water conservation district.; and (6) 6. Any other matter that which may be relevant. (b) In judging viability, any relevant agricultural information shall be considered, including: (1) Soil., (2) Climate., (3) Topography., (4) Other natural factors., (5) Markets for farm products., (6) The extent and nature of farm improvements., (7) The present status of farming., (8) Anticipated trends in agricultural economic conditions and technology., and such (9) Other factors as may be relevant. (Source: P.A. 84-456.) (505 ILCS 5/9) (from Ch. 5, par. 1009) Sec. 9. Municipal notice and objections. (a) If the proposed agricultural area includes real estate within a 1 and one-half 1/2 mile radius from the corporate limits of any municipality, the county board shall notify the municipal authorities of the such affected municipality of this proposed area. (b) The Such municipal authorities may object to the petition proposal if the such objection is presented to the county board
1548 JOURNAL OF THE [March 18, 1999] within 30 days of the receipt of the petition proposal by the municipal authorities. Upon receipt of the such objection by the county board, the proposed area shall be modified to exclude the real estate within the 1 and one-half 1/2 mile radius of the corporate limits of the such municipality, unless the property in question is approved for inclusion in the agricultural area by a favorable vote of three-fourths of all members of the county board. In counties where the county board consists of 3 members, only a two-thirds vote is required. If no objection is received within the specified time period, the affected real estate shall be included in the agricultural area. (Source: P.A. 81-1173.) (505 ILCS 5/10) (from Ch. 5, par. 1010) Sec. 10. Adoption of petition plan by county board. The county board, After receiving the reports of the county committee and other comments, and after the such public hearing, the county board may adopt as a plan the petition proposal or any modification of the petition proposal it deems appropriate, including the inclusion, to the extent feasible, of adjacent viable farmlands, and may exclude the exclusion, to the extent feasible, of non-viable farmland and non-farm land. The county board shall act to adopt or reject the petition proposal, or any modification of it not later than 45 days from the date that the county committee's recommendation on the petition proposal was submitted to it. The county board shall notify the Department of Agriculture of the adoption or rejection of the petition proposal and shall provide the Department with a description of the agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/11) (from Ch. 5, par. 1011) Sec. 11. Filing Requirement that description of area Agricultural Areas be filed with county clerk and recorder. Upon the creation or alteration of an agricultural area, the county board must file the description and the accompanying board resolution or ordinance: thereof shall be filed by the county board (1) With the county clerk. (2) Such description shall also be placed On record in the office of the recorder. (Source: P.A. 84-456.) (505 ILCS 5/11.5 new) Sec. 11.5. Stewardship agreements. The Department of Agriculture may enter into agreements with any federal or State agency, other entity, or with any landowner within an agricultural area or proposed agricultural area as may be necessary to furnish surveys, engineering, and assistance for the formation, expansion, maintenance, or renewal of agricultural conservation practices. The Department of Agriculture shall develop, by rule, an incentive program for land stewardship that pays up to 75% of the costs of these conservation practices for land that is designated or proposed to be designated as an agricultural area. (505 ILCS 5/12) (from Ch. 5, par. 1012) Sec. 12. Petition for Withdrawal. Any person owning land within an agricultural area may submit a petition to the county board requesting the withdrawal of land from the agricultural area located within that county. Such petition must contain: 1. A statement indicating the proposed alternative use of the land. 2. An explanation of the necessity for changing the current use. 3. An explanation why land outside the agricultural area would not be suitable for proposed use. 4. A legal description, map, and acreage of the land proposed
HOUSE OF REPRESENTATIVES 1549 for withdrawal. (Source: P.A. 81-1173.) (505 ILCS 5/13) (from Ch. 5, par. 1013) Sec. 13. Procedures for Consideration of Petition for Withdrawal. 1. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall provide notice of such petition by certified mail to all record owners of property in the agricultural area and by publishing a notice in a newspaper having general circulation in the immediate area of the affected land or, if no such newspaper has a general circulation within such area, then in a newspaper having general circulation within the county, and by posting such notice in 5 conspicuous places within the immediate area of the affected land. Such notice shall contain the following information: (a) a statement that a petition for withdrawal of land from an agricultural area has been filed with the county board pursuant to this Act; (b) a statement that the petition will be on file open to public inspection at the county clerk's office; (c) a brief, narrative description of the location of the affected land; (d) a statement of the proposed non-agricultural use of the land; (e) a statement that the petition will be referred to the county committee and to the regional and county planning commissions, if any, for review and comment; (f) a statement that a public hearing will be held within 60 days on the petition and on the recommendations of the county committee and of the regional and county planning commissions, if any, at a time and place to be announced. 2. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall refer the petition to the county committee, which shall, within 30 days of its receipt of the petition, report to the county board its recommendations. 3. Within 5 days after the receipt of a petition for withdrawal of land from an agricultural area, the county board shall refer the petition to the regional and county planning commissions, if any, which shall, within 30 days of their receipt of the petition, report to the county board their recommendations concerning the potential effect of the withdrawal of land from an agricultural area upon the development patterns and needs of the county and upon the county's planning objectives. (Source: P.A. 81-1173.) (505 ILCS 5/16) (from Ch. 5, par. 1016) Sec. 16. Review of agricultural areas by county board. The county board shall review any agricultural area created under this Act every 10 years after the date of its creation and every 8 years thereafter. In conducting the such review, the county board shall: (1) Grant a preference to the recommendations of the landowners in the agricultural area. (2) Ask for the recommendations of the county committee., and shall, (3) At least 120 days before the 10-year prior to such date, require the Agricultural Areas Committee to hold a public hearing at a place within the area or other readily accessible place. The Committee must give (i) upon notice being given in a newspaper having general circulation within the area or if there is no such newspaper, then in a newspaper having general circulation within the county, and (ii) individual notice in writing to the persons owning land within the area, to the
1550 JOURNAL OF THE [March 18, 1999] persons owning land adjacent to the area, and to the county or regional planning commission. Included in the notice to the landowners owning land in the agricultural area shall be a statement that, by submitting a letter to the agricultural areas committee at or prior to the public hearing, any landowner of land within the agricultural area may request that his or her land be removed from the agricultural area to be reviewed. The letter must contain: (1) a request to remove land from the agricultural area; (2) an affidavit that the author is the landowner of the land proposed for removal from the agricultural area; and (3) a legal description, map, and acres proposed for removal from the agricultural area. The land described in the letter shall no longer be included in the agricultural area. The county board After receiving the landowners' recommendations and the reports of the county committee and after the public hearing, the county board may (i) terminate the area at the end of a such 10 or 8 year period periods by filing a notice of termination with the county clerk, (ii) decide not to take any action, or (iii) the county board may modify the area in the same manner as is provided in Section 6 of this Act. If the county board does not act, the area shall continue as originally constituted. The county board shall notify the Department of Agriculture of any alterations to an agricultural area or the termination of an agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/17) (from Ch. 5, par. 1017) Sec. 17. Petition for dissolution. Ten years after the date of creation of any agricultural area and every 10 years thereafter, owners of land within the such area may petition the county board to dissolve the area. The Such petition must be submitted in writing to the county board during the year 120 day period immediately prior to the 10th anniversary of the creation of the area. If Should the petition contains contain signatures of at least two-thirds of the landowners, their heirs, assigns or representatives, owning at least two-thirds of the land within the area, the area shall be dissolved. The county board shall notify the Department of Agriculture of the dissolution of any agricultural area within 45 days of taking the such action. (Source: P.A. 84-456.) (505 ILCS 5/18) (from Ch. 5, par. 1018) Sec. 18. Limitation on local regulations and on suits. No local government shall exercise any of its powers to enact local laws or ordinances within an agricultural area in a manner that which would unreasonably restrict or regulate farm structures or farming practices, including the acquisition of land by annexation or eminent domain, in contravention of the purposes of this Act. The owners of land within the agricultural area may not be subjected to a civil action for nuisance by a private party. The Department of Agriculture shall give technical assistance and provide other resources for owners of land within an agricultural area if subjected to any other private civil action. Nothing in this Act shall be construed as a limitation or preemption of any statutory or regulatory authority arising under subsection (a) of Section 9 of the Environmental Protection Act. The unless such restrictions or regulations may be adopted and the nuisance suits may be allowed if bearing bear a direct relationship to the public health or safety. (Source: P.A. 81-1173.) (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
HOUSE OF REPRESENTATIVES 1551 Sec. 20.2. Adding land to designated agricultural areas. Any petition proposal for adding land to a designated agricultural area shall be submitted to the county board which shall forward the proposal to the county committee within 10 days. Within 45 days from the date the petition proposal was submitted to it, the county committee shall review the proposed addition and shall recommend the approval, disapproval or modification of the petition proposal. The county committee shall submit a report of its recommendations to the county board which shall act on the recommendations within 30 days. The county board shall notify the Department of Agriculture of any addition of land to a designated agricultural area within 45 days of taking such action. Any land added to a designated agricultural area under this Section shall be subject to review under Section 16 at the same times as the original area is subject to such review. The dates for such review and the period during which a petition may be filed under Section 17 shall not be affected by the addition of land under this Section. (Source: P.A. 84-456.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendments were 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 BILL 415. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Holbrook offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 415 AMENDMENT NO. 1. Amend House Bill 415 by replacing the title with the following: "AN ACT concerning veterans' camping fees."; and by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by changing Section 63a23 as follows: (20 ILCS 805/63a23) (from Ch. 127, par. 63a23) Sec. 63a23. Campsites and housing facilities. To provide facilities for overnight tent and trailer camp sites and to provide suitable housing facilities for student and juvenile overnight camping groups. The Department of Natural Resources may regulate, by administrative order, the fees to be charged for tent and trailer camping units at individual park areas based upon the facilities available. However, for campsites with access to showers or electricity, any Illinois resident who is age 62 or older or has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act shall be charged only one-half of the camping fee charged to the general public during the period Monday through Thursday of any week and shall be charged the same camping fee as the general public on all other days. For campsites without access to showers or electricity, no camping fee authorized by this Section shall be charged to any resident of Illinois who has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For campsites without access to showers or electricity, no
1552 JOURNAL OF THE [March 18, 1999] camping fee authorized by this Section shall be charged to any resident of Illinois who is age 62 or older for the use of a camp site unit during the period Monday through Thursday of any week. The No camping fee authorized by this Section shall be waived or discounted for a charged to any resident of Illinois who is a disabled veteran or a former prisoner of war, as set forth defined in Section 5 of the Department of Veterans' Affairs Act. Nonresidents shall be charged the same fees as are authorized for the general public regardless of age. The Department shall provide by regulation for suitable proof of age, or either a valid driver's license or a "Golden Age Passport" issued by the federal government shall be acceptable as proof of age. The Department shall further provide by regulation that notice of such reduced admission fees be posted in a conspicuous place and manner. Reduced fees authorized in this Section shall not apply to any charge for utility service. (Source: P.A. 88-91; 89-445, eff. 2-7-96.) Section 10. The Department of Veterans' Affairs Act is amended by changing Section 5 as follows: (20 ILCS 2805/5) (from Ch. 126 1/2, par. 70) Sec. 5. Camping and park fees. (a) Every veteran who is a resident of Illinois and disabled may be eligible for an exemption from or a discount for shall be exempt from all camping and admission fees in parks under the control of the Department of Natural Resources. For the purpose of this subsection (a), A resident disabled veteran is one who is permanently disabled from service connected causes with 100% disability or one who has permanently lost the use of a leg or both legs or an arm or both arms or any combination thereof or any person who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair shall be exempt from the camping and admission fees. Other resident disabled veterans with 30% or more disability from service connected causes shall be charged (i) for the Class A and B campsites (campsites with access to showers or electricity) only one-half of the camping fee charged to the general public during the period Monday through Thursday of any week and shall be charged the same camping fee as the general public on all other days and (ii) for the Class C and D campsites (campsites without access to showers or electricity) no camping fee for any day of the week. The Department shall issue free use permits to those eligible veterans. To establish eligibility, the veteran shall present an award letter or some other identifying disability document, together with proper identification, to any office of the Department. Subject to the approval of the Department of Natural Resources, the Department of Veterans' Affairs shall establish the form or permit identifier to be issued. (b) Every veteran who is a resident of Illinois and a former prisoner of war shall be exempt from all camping and admission fees in parks under the control of the Department of Natural Resources. For the purposes of this subsection (b), a former prisoner of war is a veteran who was taken and held prisoner by a hostile foreign force while participating in an armed conflict as a member of the United States armed forces. Any identification card or other form of identification issued by the Veterans' Administration or other governmental agency which indicates the card-holder's former prisoner of war status shall be sufficient to accord such card-holder the fee-exempt admission or camping privileges under this subsection. (Source: P.A. 89-445, eff. 2-7-96.)". The motion prevailed and the amendment was adopted and ordered printed.
HOUSE OF REPRESENTATIVES 1553 There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Schoenberg, HOUSE BILL 1120 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: 116, 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 HOUSE BILL 909. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Giglio offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 909 AMENDMENT NO. 1. Amend House Bill 909 by replacing the title with the following: "AN ACT to amend the Environmental Protection Act by changing Section 21."; and by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Section 21 as follows: (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) Sec. 21. No person shall: (a) Cause or allow the open dumping of any waste. (b) Abandon, dump, or deposit any waste upon the public highways or other public property, except in a sanitary landfill approved by the Agency pursuant to regulations adopted by the Board. (c) Abandon any vehicle in violation of the "Abandoned Vehicles Amendment to the Illinois Vehicle Code", as enacted by the 76th General Assembly. (d) Conduct any waste-storage, waste-treatment, or waste-disposal operation: (1) without a permit granted by the Agency or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, no permit shall be required for (i) any person conducting a
1554 JOURNAL OF THE [March 18, 1999] waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, or (ii) a facility located in a county with a population over 700,000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris; (2) in violation of any regulations or standards adopted by the Board under this Act; or (3) which receives waste after August 31, 1988, does not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter. The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation. Item (3) of this subsection (d) shall not apply to any person engaged in agricultural activity who is disposing of a substance that constitutes solid waste, if the substance was acquired for use by that person on his own property, and the substance is disposed of on his own property in accordance with regulations or standards adopted by the Board. This subsection (d) shall not apply to hazardous waste. (e) Dispose, treat, store or abandon any waste, or transport any waste into this State for disposal, treatment, storage or abandonment, except at a site or facility which meets the requirements of this Act and of regulations and standards thereunder. (f) Conduct any hazardous waste-storage, hazardous waste-treatment or hazardous waste-disposal operation: (1) without a RCRA permit for the site issued by the Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or (2) in violation of any regulations or standards adopted by the Board under this Act; or (3) in violation of any RCRA permit filing requirement established under standards adopted by the Board under this Act; or (4) in violation of any order adopted by the Board under this Act. Notwithstanding the above, no RCRA permit shall be required under this subsection or subsection (d) of Section 39 of this Act for any person engaged in agricultural activity who is disposing of a substance which has been identified as a hazardous waste, and which has been designated by Board regulations as being subject to this exception, if the substance was acquired for use by that person on his own property and the substance is disposed of on his own property in accordance with regulations or standards adopted by the Board.
HOUSE OF REPRESENTATIVES 1555 (g) Conduct any hazardous waste-transportation operation: (1) without registering with and obtaining a permit from the Agency in accordance with the Uniform Program implemented under subsection (l-5) of Section 22.2; or (2) in violation of any regulations or standards adopted by the Board under this Act. (h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act. (i) Conduct any process or engage in any act which produces hazardous waste in violation of any regulations or standards adopted by the Board under subsections (a) and (c) of Section 22.4 of this Act. (j) Conduct any special waste transportation operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act. However, sludge from a water or sewage treatment plant owned and operated by a unit of local government which (1) is subject to a sludge management plan approved by the Agency or a permit granted by the Agency, and (2) has been tested and determined not to be a hazardous waste as required by applicable State and federal laws and regulations, may be transported in this State without a special waste hauling permit, and the preparation and carrying of a manifest shall not be required for such sludge under the rules of the Pollution Control Board. The unit of local government which operates the treatment plant producing such sludge shall file a semiannual report with the Agency identifying the volume of such sludge transported during the reporting period, the hauler of the sludge, and the disposal sites to which it was transported. This subsection (j) shall not apply to hazardous waste. (k) Fail or refuse to pay any fee imposed under this Act. (l) Locate a hazardous waste disposal site above an active or inactive shaft or tunneled mine or within 2 miles of an active fault in the earth's crust. In counties of population less than 225,000 no hazardous waste disposal site shall be located (1) within 1 1/2 miles of the corporate limits as defined on June 30, 1978, of any municipality without the approval of the governing body of the municipality in an official action; or (2) within 1000 feet of an existing private well or the existing source of a public water supply measured from the boundary of the actual active permitted site and excluding existing private wells on the property of the permit applicant. The provisions of this subsection do not apply to publicly-owned sewage works or the disposal or utilization of sludge from publicly-owned sewage works. (m) Transfer interest in any land which has been used as a hazardous waste disposal site without written notification to the Agency of the transfer and to the transferee of the conditions imposed by the Agency upon its use under subsection (g) of Section 39. (n) Use any land which has been used as a hazardous waste disposal site except in compliance with conditions imposed by the Agency under subsection (g) of Section 39. (o) Conduct a sanitary landfill operation which is required to have a permit under subsection (d) of this Section, in a manner which results in any of the following conditions: (1) refuse in standing or flowing waters; (2) leachate flows entering waters of the State; (3) leachate flows exiting the landfill confines (as determined by the boundaries established for the landfill by a permit issued by the Agency); (4) open burning of refuse in violation of Section 9 of
1556 JOURNAL OF THE [March 18, 1999] this Act; (5) uncovered refuse remaining from any previous operating day or at the conclusion of any operating day, unless authorized by permit; (6) failure to provide final cover within time limits established by Board regulations; (7) acceptance of wastes without necessary permits; (8) scavenging as defined by Board regulations; (9) deposition of refuse in any unpermitted portion of the landfill; (10) acceptance of a special waste without a required manifest; (11) failure to submit reports required by permits or Board regulations; (12) failure to collect and contain litter from the site by the end of each operating day; (13) failure to submit any cost estimate for the site or any performance bond or other security for the site as required by this Act or Board rules. The prohibitions specified in this subsection (o) shall be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act. The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to sanitary landfills. (p) In violation of subdivision (a) of this Section, cause or allow the open dumping of any waste in a manner which results in any of the following occurrences at the dump site: (1) litter; (2) scavenging; (3) open burning; (4) deposition of waste in standing or flowing waters; (5) proliferation of disease vectors; (6) standing or flowing liquid discharge from the dump site;. (7) deposition of: (i) general construction or demolition debris as defined in Section 3.78 of this Act; or (ii) clean construction or demolition debris as defined in Section 3.78a of this Act. The prohibitions specified in this subsection (p) shall be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act. The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to open dumping. (q) Conduct a landscape waste composting operation without an Agency permit, provided, however, that no permit shall be required for any person: (1) conducting a landscape waste composting operation for landscape wastes generated by such person's own activities which are stored, treated or disposed of within the site where such wastes are generated; or (2) applying landscape waste or composted landscape waste at agronomic rates; or (3) operating a landscape waste composting facility on a farm, if the facility meets all of the following criteria: (A) the composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Agency may
HOUSE OF REPRESENTATIVES 1557 allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate; (B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator; (C) all compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner; (D) the owner or operator, by January 1, 1990 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (B) and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application, and was placed more than 5 feet above the water table. For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate. (r) Cause or allow the storage or disposal of coal combustion waste unless: (1) such waste is stored or disposed of at a site or facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or (2) such waste is stored or disposed of as a part of the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or (3) such waste is stored or disposed of at a site or facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either
1558 JOURNAL OF THE [March 18, 1999] (i) such waste is stored or disposed of in accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or (ii) the owner or operator of the facility demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto. Notwithstanding any other provision of this Title, the disposal of coal combustion waste pursuant to item (2) or (3) of this subdivision (r) shall be exempt from the other provisions of this Title V, and notwithstanding the provisions of Title X of this Act, the Agency is authorized to grant experimental permits which include provision for the disposal of wastes from the combustion of coal and other materials pursuant to items (2) and (3) of this subdivision (r). (s) After April 1, 1989, offer for transportation, transport, deliver, receive or accept special waste for which a manifest is required, unless the manifest indicates that the fee required under Section 22.8 of this Act has been paid. (t) Cause or allow a lateral expansion of a municipal solid waste landfill unit on or after October 9, 1993, without a permit modification, granted by the Agency, that authorizes the lateral expansion. (u) Conduct any vegetable by-product treatment, storage, disposal or transportation operation in violation of any regulation, standards or permit requirements adopted by the Board under this Act. However, no permit shall be required under this Title V for the land application of vegetable by-products conducted pursuant to Agency permit issued under Title III of this Act to the generator of the vegetable by-products. In addition, vegetable by-products may be transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest. (v) (Blank). (w) Conduct any generation, transportation, or recycling of construction or demolition debris, clean or general, or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. This documentation must be maintained by the generator, transporter, or recycler for 3 years. This subsection (w) shall not apply to (1) a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment, (2) a public utility (as that term is defined in the Public Utilities Act) or a municipal utility, or (3) the Illinois Department of Transportation; but it shall apply to an entity that contracts with a public utility, a municipal utility, or the Illinois Department of
HOUSE OF REPRESENTATIVES 1559 Transportation. The terms "generation" and "recycling" as used in this subsection do not apply to clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, (ii) solely broken concrete without protruding metal bars is used for erosion control, or (iii) milled asphalt or crushed concrete is used as aggregate in construction of the shoulder of a roadway. The terms "generation" and "recycling", as used in this subsection, do not apply to uncontaminated soil that is not commingled with any waste when (i) used as fill material below grade or contoured to grade, or (ii) used at the site of generation. (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96; 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff. 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 8-14-98.)". AMENDMENT NO. 2 TO HOUSE BILL 909 AMENDMENT NO. 2. Amend House Bill 909 by inserting the following after the end of Section 5: "Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1115. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Scott offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1115 AMENDMENT NO. 1. Amend House Bill 1115 as follows: on page 1, by replacing line 9 with the following: "only when the person engaging or seeking to engage engaged or sought to be engaged by"; and on page 2, line 26, by replacing "business" with "of the business"; and by replacing line 27 with the following: "the filing of a notice of lien (i) in the recorder's office of the county in which the real property is located, as to real property, and (ii) in the Office of the Secretary of State, as to tangible personal property, by"; and on page 5, lines 19 and 21, after "assets" each time it appears, by inserting "of the business that are subject to this Act"; and on page 6, line 5, by replacing "payment" with "payment"; and on line 19, after "claim", by inserting ","; and on line 21, by replacing "and" with "and"; and on line 24, before the period, by inserting the following: ", and (iii) prior recorded liens perfected under the Uniform Commercial Code". The motion prevailed and the amendment was adopted and ordered printed.
1560 JOURNAL OF THE [March 18, 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 1265. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1265 AMENDMENT NO. 1. Amend House Bill 1265 by replacing the title with the following: "AN ACT to amend the Illinois Insurance Code by changing Section 424."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by changing Section 424 as follows: (215 ILCS 5/424) (from Ch. 73, par. 1031) Sec. 424. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) The commission by any person of any one or more of the acts defined or prohibited by Sections 134, 147, 148, 149, 151, 155.22, 155.22a, 236, 237, 364 and 469 of this Code. (2) Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. "Unreasonable restraint" includes, but is not limited to, any formal or informal policy that requires or results in a licensed health care professional agreeing to participate in all health care or managed care plans or accident and health policies operated by the insurance company in order to participate in one or more plans or policies operated by the insurance company. Licensed health care professionals shall be free to choose the plans or policies in which to participate, and the choice shall not be the ground for denying participation in any chosen plan or policy. If an agreement is signed by an authorized representative of a group of health care professionals, then the agreement shall apply to all members of the group unless stated otherwise in the agreement. A licensed insurance company that violates this subsection engages in unlawful tying practices that are unfair methods of competition and unfair and deceptive acts or practices. (3) Making or permitting, in the case of insurance of the types enumerated in Classes 2 and 3 of Section 4, any unfair discrimination between individuals or risks of the same class or of essentially the same hazard and expense element because of the race, color, religion or national origin of such insurance risks or applicants. (4) Engaging in any of the acts or practices defined in or prohibited by Sections 154.5 through 154.8 of the this Insurance Code. (5) Making or charging any rate for insurance against losses arising from the use or ownership of a motor vehicle which requires a higher premium of any person by reason of his physical handicap, race, color, religion or national origin. (Source: P.A. 90-245, eff. 1-1-98.) Section 99. Effective date. This Act takes effect July 1,
HOUSE OF REPRESENTATIVES 1561 1999.". And on that motion, a vote was taken resulting as follows: 110, Yeas; 4, Nays; 0, Answering Present. (ROLL CALL 19) 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 1340. Having been recalled on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Wojcik offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1340 AMENDMENT NO. 1. Amend House Bill 1340 on page 1, line 28, by replacing "January" with "April". 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 1352. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Moffitt offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1352 AMENDMENT NO. 1. Amend House Bill 1352 as follows: by replacing the title with the following: "AN ACT to amend the Counties Code by changing Section 3-6005."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Section 3-6005 as follows: (55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005) Sec. 3-6005. Failure to give bond or take oath; vacancy. If any person elected or appointed to the office of sheriff, of any county, shall fail to give bond or take the oath required of him or her, within 30 20 days after he or she is appointed or declared elected, the office shall be deemed vacant. (Source: P.A. 86-962.)". 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.
1562 JOURNAL OF THE [March 18, 1999] HOUSE BILL 1362. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1362 AMENDMENT NO. 1. Amend House Bill 1362 on page 2, by replacing lines 26 through 34 with the following: "(e) On and after the effective date of this amendatory Act of the 91st General Assembly, when territory is disconnected from a fire protection district under this Section, the annexing municipality shall pay, on or before December 31 of each year for a period of 5 years after the effective date of the disconnection, to the fire protection district from which the territory was disconnected, an amount as follows: (1) In the first year after the disconnection, an amount equal to the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (2) In the second year after the disconnection, an amount equal to 80% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (3) In the third year after the disconnection, an amount equal to 60% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (4) In the fourth year after the disconnection, an amount equal to 40% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (5) In the fifth year after the disconnection, an amount equal to 20% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect."; and on page 3, by deleting line 1. 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 421. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 421
HOUSE OF REPRESENTATIVES 1563 AMENDMENT NO. 1. Amend House Bill 421 on page 4, by replacing lines 1 through 6 with the following: "particular case. The final order, to the extent possible in each case, in all cases shall state the support level in dollar amounts. However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support either in addition to or in lieu of a dollar amount and enter such other orders as may be necessary to collect the applicable support as determined under this Act on a timely basis.". 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 528. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Fritchey offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 528 AMENDMENT NO. 1. Amend House Bill 528 on page 4, line 28, immediately after "State", by inserting the following: "prior to or within 60 days after receipt of the applicant's school bus driver permit; failure to complete a certified class on cardio pulmonary resuscitation prior to receipt of a school bus driver permit or within 60 days after receipt of a school bus driver permit shall result in the suspension of the applicant's school bus driver permit until he or she provides certification to the Secretary of State that he or she has successfully completed a certified class on cardio pulmonary resuscitation". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 558. Having been printed, was taken up and read by title a second time. Representative Woolard offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 558 AMENDMENT NO. 1. Amend House Bill 558 on page 10, line 3, by replacing "2 preceding fiscal years" with "fiscal year 2 years preceding"; and on page 16, line 14, by replacing "Sections" with "Section Sections". AMENDMENT NO. 2 TO HOUSE BILL 558
1564 JOURNAL OF THE [March 18, 1999] AMENDMENT NO. 2. Amend House Bill 558 as follows: on page 2, immediately below line 22, by inserting the following: "The funding program included in the educational services block grant for funding for children requiring special education services in each fiscal year shall be treated in that fiscal year as a payment to the school district in respect of services provided or costs incurred in the prior fiscal year, calculated in each case as provided in this Section. Nothing in this Section shall change the nature of payments for any program that, apart from this Section, would be or, prior to adoption or amendment of this Section, was on the basis of a payment in a fiscal year in respect of services provided or costs incurred in the prior fiscal year, calculated in each case as provided in this Section."; and on page 3, line 16, by replacing "IC" with "1C IC"; and on page 11, immediately below line 30, by inserting the following: "Nothing in this amendatory Act of the 91st General Assembly shall eliminate any reimbursement obligation owed as of the effective date of this amendatory Act of the 91st General Assembly to a school district with in excess of 500,000 inhabitants.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1705. Having been read by title a second time on March 12, 1999, and held on the order of Second Reading, the same was again taken up. Representative Boland offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1705 AMENDMENT NO. 1. Amend House Bill 1705 on page 2, line 11 by deleting "or should have known". 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 1717. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Scott offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1717 AMENDMENT NO. 1. Amend House Bill 1717 by replacing the title with the following: "AN ACT in relation to home modifications for older persons and persons with disabilities."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Home
HOUSE OF REPRESENTATIVES 1565 Modification for Prevention of Institutionalization Act. Section 5. Findings. The General Assembly finds that it is far preferable for older persons and adults and children with disabilities to live in their own homes or in the homes of family members in their own communities rather than in more restrictive institutionalized settings removed from their friends and loved ones. The General Assembly further finds that older persons and adults and children with disabilities often are unnecessarily placed or forced to remain in institutionalized settings due to the lack of resources needed to make modifications to their dwellings to enable them to remain in or return to their homes and communities. The General Assembly further finds that it is in the best interests of the State of Illinois to support community-based living for older persons and adults and children with disabilities by implementing a program to enable them to make modifications to their dwellings to avoid unnecessary placement outside of their own homes and communities. Section 10. Purpose. The purpose of this Act is to authorize the Department of Human Services and the Department on Aging to jointly establish a program to provide funding for necessary home modifications and assistive technology to enable older persons and adults and children with disabilities to remain in or return to their homes in order to allow them to live as independently as possible for as long as possible. Section 15. Program. Subject to appropriation for these purposes, the Department of Human Services and the Department on Aging shall jointly establish a Home Modification Grant and Loan Program. The Program shall have 2 components. One component shall be administered by the Department of Human Services and the other component shall be administered by the Department on Aging. The Department of Human Services and the Department on Aging shall cooperate in the overall administration of the Program. Section 20. Eligibility. Persons age 60 or over and adults and children with disabilities shall be eligible for grants or loans or both under the Home Modification Grant and Loan Program if they have verifiable functional limitations for which some modification of their dwelling is required and they are unable to afford, because of limited resources, the cost of the modification. Preference shall be given to applicants who: (1) are at imminent risk of institutionalization or who are already in an institutional setting but are ready to return home and who would be able to live at home if a modification or modifications are made, (2) have inadequate resources or no current access to resources as a result of the geographic location of their dwelling, the lack of other available State or federal funds such as the Community Development Block Grant, rural housing assistance programs or income limitations such as the inability to qualify for a low-interest loan, or (3) have access to other resources, but those resources are inadequate to complete the necessary modifications. Adults under 60 years of age with disabilities and children with disabilities shall receive services under the component of the Program administered by the Department of Human Services. An adult 60 years of age or older may elect to receive services under the component administered by the Department of Human Services if, at the time he or she reached age 60, he or she was already receiving home services under subsection (f) of Section 3 of the Disabled Persons Rehabilitation Act and he or she was already receiving services under the component of the Program administered by the Department of Human Services. All other adults 60 years of age or older receiving services under the Program shall receive services under the component administered by the Department on Aging. Section 25. Rulemaking. The Department of Human Services and the Department on Aging shall jointly promulgate administrative rules
1566 JOURNAL OF THE [March 18, 1999] governing the Home Modification Grant and Loan Program consistent with this Act. Section 30. Advisory Committee. The Department of Human Services and the Department on Aging shall jointly establish an Advisory Committee for the Home Modification Grant and Loan Program to advise the Secretary of Human Services and the Director on Aging on policies and procedures under which the Program shall operate. The Advisory Committee shall consist of no fewer than 9 nor more than 15 members and shall include at least one individual with a disability, one individual over the age of 60, the Secretary of Human Services or his or her designee, the Director of Aging or his or her designee, a representative of an Area Agency on Aging, the Executive Director of the Statewide Independent Living Council or his or her designee, a representative from the construction industry who specializes in home modifications for individuals with disabilities and older persons, the Executive Director of the Illinois Assistive Technology Project or his or her designee, and the Executive Director of the Coalition of Citizens with Disabilities in Illinois or his or her designee. 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 2036. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2036 AMENDMENT NO. 1. Amend House Bill 2036 on page 3, by replacing lines 5 and 6 with the following: "(h) The collection and distribution of funds under this Act promotes equal justice, is in"; and on page 3, line 9, by deleting "fees and other"; and on page 16, by deleting lines 23 through 32; and by deleting pages 17 through 22; and on page 23, by deleting lines 1 through 21. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2627. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative McKeon offered the following amendment and moved its adoption:
HOUSE OF REPRESENTATIVES 1567 AMENDMENT NO. 1 TO HOUSE BILL 2627 AMENDMENT NO. 1. Amend House Bill 2627, on page 1, line 21, by replacing "the Board of Nursing" with "a professional nursing association". 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 1909. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Wojcik offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1909 AMENDMENT NO. 1. Amend House Bill 1909 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Promotion Act is amended by changing Section 4a as follows: (20 ILCS 665/4a) (from Ch. 127, par. 200-24a) Sec. 4a. Funds. (1) As soon as possible after the first day of each month, beginning July 1, 1978 and ending June 30, 1997, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasury, to be known as the "Tourism Promotion Fund", an amount equal to 10% of the net revenue realized from "The Hotel Operators' Occupation Tax Act", as now or hereafter amended, plus an amount equal to 10% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair - 1992 Authority Act, as now or hereafter amended, during the preceding month. Net revenue realized for a month shall be the revenue collected by the State pursuant to that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. All moneys deposited in the Tourism Promotion Fund pursuant to this subsection are allocated to the Department for utilization, as appropriated, in the performance of its powers under Section 4. As soon as possible after the first day of each month, beginning July 1, 1997, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to 13% of the net revenue realized from the Hotel Operators' Occupation Tax Act plus an amount equal to 13% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority Act during the preceding month. "Net revenue realized for a month" means the revenue collected by the State under that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. (1.1) (Blank). (2) As soon as possible after the first day of each month, beginning July 1, 1997, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer
1568 JOURNAL OF THE [March 18, 1999] shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to 8% of the net revenue realized from the Hotel Operators' Occupation Tax plus an amount equal to 8% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority Act during the preceding month. "Net revenue realized for a month" means the revenue collected by the State under that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. All monies deposited in the Tourism Promotion Fund under this subsection (2) shall be used solely as provided in this subsection to advertise and promote tourism throughout Illinois. Appropriations of monies deposited in the Tourism Promotion Fund pursuant to this subsection (2) shall be used solely for advertising to promote tourism, including but not limited to advertising production and direct advertisement costs, but shall not be used to employ any additional staff, finance any individual event, or lease, rent or purchase any physical facilities. The Department shall coordinate its advertising under this subsection (2) with other public and private entities in the State engaged in similar promotion activities. Print or electronic media production made pursuant to this subsection (2) for advertising promotion shall not contain or include the physical appearance of or reference to the name or position of any public officer. "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions. (3) Subject to appropriation, moneys shall be transferred from the Tourism Promotion Fund into the Grape and Wine Resources Fund pursuant to Article XII of the Liquor Control Act of 1934 and shall be used by the Department in accordance with the provisions of that Article. (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, eff. 7-30-98.) Section 10. The Liquor Control Act of 1934 is amended by adding Section 12-4 as follows: (235 ILCS 5/12-4 new) Sec. 12-4. Grape and Wine Resources Fund. Beginning July 1, 1999 and ending June 30, 2009, on the first day of each State fiscal year, or as soon thereafter as may be practical, the State Comptroller shall transfer the sum of $500,000 from the General Revenue Fund to the Grape and Wine Resources Fund, which is hereby continued as a special fund in the State Treasury. By January 1, 2009, the Department of Commerce and Community Affairs shall review the activities of the Council and report to the General Assembly and the Governor its recommendation of whether or not the funding under this Section should be continued. The Grape and Wine Resources Fund shall be administered by the Department of Commerce and Community Affairs, which shall serve as the lead administrative agency for allocation and auditing of funds as well as monitoring program implementation. The Department shall make an annual grant of moneys from the Fund to the Council, which shall be used to pay for the Council's operations and expenses. These moneys shall be used by the Council to achieve the Council's objectives and shall not be used for any political or legislative purpose. Money remaining in the Fund at the end of the fiscal year shall remain in the Fund for use during the following year and shall not be transferred to any other State fund. (235 ILCS 5/12-3 rep.) Section 15. The Liquor Control Act of 1934 is amended by
HOUSE OF REPRESENTATIVES 1569 repealing Section 12-3. Section 99. Effective date. This Act takes effect July 1, 1999.". 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 1801. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Representative Mautino offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1801 AMENDMENT NO. 1. Amend House Bill 1801 by replacing everything after the enacting clause with the following: "Section 5. The Pharmacy Practice Act of 1987 is amended by changing Section 3 as follows: (225 ILCS 85/3) (from Ch. 111, par. 4123) Sec. 3. Definitions. For the purposes purpose of this Act, except where otherwise limited therein: (a) "Pharmacy" or "drugstore" means and includes every store, shop, pharmacy department, or other place where pharmaceutical care is provided by a pharmacist (1) where drugs, medicines, or poisons are dispensed, sold or offered for sale at retail, or displayed for sale at retail; or (2) where prescriptions of physicians, dentists, veterinarians, podiatrists, or therapeutically certified optometrists, within the limits of their licenses, are compounded, filled, or dispensed; or (3) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore", "Medicine Store", "Prescriptions", "Drugs", "Medicines", or any word or words of similar or like import, either in the English language or any other language; or (4) where the characteristic prescription sign (Rx) or similar design is exhibited; or (5) any store, or shop, or other place with respect to which any of the above words, objects, signs or designs are used in any advertisement. (b) "Drugs" means and includes (l) articles recognized in the official United States Pharmacopoeia/National Formulary (USP/NF), or any supplement thereto and being intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories; and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories; and (3) articles (other than food) having for their main use and intended to affect the structure or any function of the body of man or other animals; and (4) articles having for their main use and intended for use as a component or any articles specified in clause (l), (2) or (3); but does not include devices or their components, parts or accessories.
1570 JOURNAL OF THE [March 18, 1999] (c) "Medicines" means and includes all drugs intended for human or veterinary use approved by the United States Food and Drug Administration. (d) "Practice of pharmacy" means the provision of pharmaceutical care to patients as determined by the pharmacist's professional judgment in the following areas, which may include but are not limited to (1) patient counseling, (2) interpretation and assisting in the monitoring of appropriate drug use and prospective drug utilization review, (3) providing information on the therapeutic values, reactions, drug interactions, side effects, uses, selection of medications and medical devices, and outcome of drug therapy, (4) participation in drug selection, drug monitoring, drug utilization review, evaluation, administration, interpretation, application of pharmacokinetic and laboratory data to design safe and effective drug regimens, (5) drug research (clinical and scientific), and (6) compounding and dispensing of drugs and medical devices. (e) "Prescription" means and includes any written, oral, facsimile, or electronically transmitted order for drugs or medical devices, issued by a physician licensed to practice medicine in all its branches, dentist, veterinarian, or podiatrist, or therapeutically certified optometrist, within the limits of their licenses, by a physician assistant in accordance with subsection (f) of Section 4, or by an advanced practice nurse in accordance with subsection (g) of Section 4, containing the following: (l) name of the patient; (2) date when prescription was issued; (3) name and strength of drug or description of the medical device prescribed; and (4) quantity, (5) directions for use, (6) prescriber's name, address and signature, and (7) DEA number where required, for controlled substances. DEA numbers shall not be required on inpatient drug orders. (f) "Person" means and includes a natural person, copartnership, association, corporation, government entity, or any other legal entity. (g) "Department" means the Department of Professional Regulation. (h) "Board of Pharmacy" or "Board" means the State Board of Pharmacy of the Department of Professional Regulation. (i) "Director" means the Director of Professional Regulation. (j) "Drug product selection" means the interchange for a prescribed pharmaceutical product in accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act. (k) "Inpatient drug order" means an order issued by an authorized prescriber for a resident or patient of a facility licensed under the Nursing Home Care Act or the Hospital Licensing Act, or "An Act in relation to the founding and operation of the University of Illinois Hospital and the conduct of University of Illinois health care programs", approved July 3, 1931, as amended, or a facility which is operated by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or the Department of Corrections. (k-5) "Pharmacist" means an individual currently licensed by this State to engage in the practice of pharmacy. (l) "Pharmacist in charge" means the licensed pharmacist whose name appears on a pharmacy license who is responsible for all aspects of the operation related to the practice of pharmacy. (m) "Dispense" means the delivery of drugs and medical devices, in accordance with applicable State and federal laws and regulations, to the patient or the patient's representative authorized to receive these products, including the compounding, packaging, and labeling necessary for delivery, and any recommending or advising concerning
HOUSE OF REPRESENTATIVES 1571 the contents and therapeutic values and uses thereof. "Dispense" does not mean the physical delivery to a patient or a patient's representative in a home or institution by a designee of a pharmacist or by common carrier. "Dispense" also does not mean the physical delivery of a drug or medical device to a patient or patient's representative by a pharmacist's designee within a pharmacy or drugstore while the pharmacist is on duty and the pharmacy is open. (n) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription. (o) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or medical device: (1) as the result of a practitioner's prescription drug order or initiative that is dispensed pursuant to a prescription in the course of professional practice; or (2) for the purpose of, or incident to, research, teaching, or chemical analysis; or (3) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. (p) "Confidential information" means information, maintained by the pharmacist in the patient's records, released only (i) to the patient or, as the patient directs, to other practitioners and other pharmacists or (ii) to any other person authorized by law to receive the information. (q) "Prospective drug review" or "drug utilization evaluation" means a screening for potential drug therapy problems due to therapeutic duplication, drug-disease contraindications, drug-drug interactions (including serious interactions with nonprescription or over-the-counter drugs), drug-food interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse. (r) "Patient counseling" means the communication between a pharmacist or a student pharmacist under the direct supervision of a pharmacist and a patient or the patient's representative about the patient's medication or device for the purpose of optimizing proper use of prescription medications or devices. The offer to counsel by the pharmacist or the pharmacist's designee, and subsequent patient counseling by the pharmacist or student pharmacist, shall be made in a face-to-face communication with the patient or patient's representative unless, in the professional judgment of the pharmacist, a face-to-face communication is deemed inappropriate or unnecessary. In that instance, the offer to counsel or patient counseling may be made in a written communication, by telephone, or in a manner determined by the pharmacist to be appropriate. (s) "Patient profiles" or "patient drug therapy record" means the obtaining, recording, and maintenance of patient prescription and personal information. (t) "Pharmaceutical care" includes, but is not limited to, the act of monitoring drug use and other patient care services intended to achieve outcomes that improve the patient's quality of life but shall not include the sale of over-the-counter drugs by a seller of goods and services who does not dispense prescription drugs. (u) "Medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician". A seller of goods and services who, only for the purpose of retail sales, compounds, sells, rents, or leases medical devices shall not, by reasons thereof, be required to be a licensed pharmacy.
1572 JOURNAL OF THE [March 18, 1999] (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)". 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 2645. Having been recalled on March 9, 1999, and held on the order of Second Reading, the same was again taken up. Representative Mulligan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2645 AMENDMENT NO. 1. Amend House Bill 2645, on page 10, lines 6 and 7, by replacing "licensed to practice" with "registered"; and on page 10, lines 7 and 8, by replacing "licensure or certification" with "registration"; and on page 10, line 14, by replacing "licensee" with "registrant"; and on page 10, line 16, by replacing "licensee" with "registrant"; and on page 10, line 22, by replacing "license" with "registration"; and on page 10, line 30, by replacing "licensure to practice" with "registration"; and on page 10, line 33, by replacing "license" with "registration"; and on page 10, line 34, by replacing "license" with "registration"; and on page 11, line 5, by replacing "license" with "registration". 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 1687. Having been recalled on March 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Brady offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1687 AMENDMENT NO. 1. Amend House Bill 1687 on page 1, by replacing lines 29 through 31 with the following: "(4) Except as provided in item (4.1), the aggregate retail value of all prizes or merchandise awarded in any single day of bingo may not exceed $2,250, except that in adjoining counties having 200,000 to 275,000 inhabitants each, and in counties which are adjacent to either of such adjoining counties and are adjacent to a total of not more than 2 counties in this State, and in any municipality having 2,500 or more inhabitants and within one mile of such adjoining and adjacent counties having less than 25,000 inhabitants, 2 additional bingo games may be conducted after the $2,250 limit has been reached. The prize awarded for any one game, including any game conducted after reaching the $2,250 limit as authorized in this paragraph (4), may not exceed $500 cash or its
HOUSE OF REPRESENTATIVES 1573 equivalent."; and on page 2, by replacing lines 1 through 16 with the following: "(4.1) Notwithstanding the provisions of item (4), the Department may issue a special prize license to a licensee if the county in which the licensee conducts bingo approves the special prize license. A special prize licensee shall authorize a license to award prizes or merchandise in a single day of bingo that has an aggregate retail value that exceeds the limits imposed under item (4) but does not exceed $10,000. A special prize license authorized under this item (4.1) shall authorize the licensee to award prizes or merchandise at the higher limit authorized in this item (4.1) on 2 days per year and shall not permit the licensee to conduct gambling on days other than as authorized in this Act.". 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. RECALLS By unanimous consent, on motion of Representative Coulson, HOUSE BILL 2210 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading. Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2210 AMENDMENT NO. 1. Amend House Bill 2210 on page 1, by replacing lines 12 through 22 with the following: ""Child care center" means a for-profit or not-for-profit licensed day care center, as defined in the Child Care Act of 1969, serving children in a setting outside of the home. "Child care group home" means a licensed group day care home as defined in the Child Care Act of 1969. "Child care home" means a licensed day care home as defined in the Child Care Act of 1969."; and on page 2, by replacing lines 1 through 5 with the following: "(a) Accredited licensed child care centers and accredited licensed child care homes currently receiving funds from the Department's subsidized child care program or the Department of Children and Family Services' subsidized child care program shall be paid a subsidy rate 10% higher than the maximum rates established by the Department for the care provided depending on the age of the child, geographic location of the center, and type of care."; and on page 2, by replacing lines 22 through 26 with the following: "Section 25. Eligibility. In order to be eligible for funding under Section 20 regarding the public-private partnership, at least 25% of the children served by the program must be receiving child care subsidies from the Department or the Department of Children and Family Services."; and on page 2, line 28, by replacing "2000" with "1999".
1574 JOURNAL OF THE [March 18, 1999] The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill as amended was ordered transcribed, typed and again advanced to the order of Third Reading. HOUSE BILLS ON SECOND READING HOUSE BILL 427. 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 427 AMENDMENT NO. 1. Amend House Bill 427 on page 1, line 21, by changing "long-term" to "long term"; and on page 2, line 21, by changing "home-like" to "homelike"; and on page 2, line 25, by changing "half-way" to "halfway"; and on page 4, lines 1 and 4, by changing "long-term" each time it appears to "long term"; and on page 4, line 6, by changing "beds" to "and sheltered care beds"; and on page 4, line 31, by changing "facility" to "facility licensed under the Hospice Program Licensing Act"; and on page 5, line 1, by changing "on Aging" to "of Public Health"; and on page 5, line 2, by changing "Aging" to "Public Health"; and on page 5, line 10, by changing "application" to "application or pursuant to a license transfer in accordance with Section 50 of this Act"; and on page 5 by inserting immediately below line 18 the following: ""Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician licensed to practice medicine in all its branches, a physician assistant, and a licensed practical nurse."; and on page 7, line 7, by changing "free standing" to "free-standing"; and on page 7, lines 28 and 31, by changing "long-term" each time it appears to "long term"; and on page 8, line 24, by changing "facility" to "facility licensed under the Hospice Program Licensing Act"; and on page 11, line 18, by changing "performance;" to "performance,"; and on page 11, line 19, by changing "centered; be data driven;" to "centered, be data driven,"; and on page 11, by inserting immediately below line 31 the following: "(3) a certified audited financial statement covering the 2 years following initial licensure that indicates the project is financially feasible;"; and on page 11, line 32, by changing "(3)" to "(4)"; and on page 12, line 4, by changing "(4)" to "(5)"; and on page 12, line 8, by changing "(5)" to "(6)"; and on page 12, line 20, by changing "(6)" to "(7)"; and on page 12, line 22, by changing "(7)" to "(8)"; and on page 12, line 25, by changing "(8)" to "(9)"; and on page 12, line 30, by changing "(9)" to "(10)"; and on page 12, line 32, by changing "(10)" to "(11)"; and on page 15, line 1, by changing "one year" to "one-year"; and
HOUSE OF REPRESENTATIVES 1575 on page 15, line 31, by changing "turpitude," to "turpitude"; and on page 18, line 26, by changing "turpitude," to "turpitude"; and on page 19, line 31, by changing "day" to "date"; and on page 20, line 18, by changing "reporting" to "documenting"; and on page 20 by replacing lines 31 through 33 with the following: "For the purposes of this Section, "medication administration" refers to a licensed health care professional employed by an establishment engaging in"; and on page 21 by deleting line 1; and on page 21 by replacing lines 7 and 8 with the following: "medication reminders, medication assistance, and medication administration."; and on page 21 by replacing line 23 with the following: "her needs and no resident representative residing in the establishment has been appointed to"; and on page 22 by replacing lines 14 and 15 with the following: "qualified, licensed health care professional;"; and on page 22 by replacing lines 18 and 19 with the following: "health care professional;"; and on page 22 by replacing lines 24 and 25 with the following: "licensed health care professional;"; and on page 22 by replacing lines 28 and 29 with the following: "health care professional;"; and on page 22 by replacing lines 32 and 33 with the following: "licensed health care professional;"; and on page 23, line 8, by changing "through" to "and"; and on page 23 by deleting lines 18, 19, and 20; and on page 23, line 21, by changing "(f)" to "(e)"; and on page 23 by replacing line 27 with the following: "(f) Subsection (d) of this Section shall not"; and on page 23 by replacing line 34 with the following: "(g) Items (3), (4), (5), and (9) of subsection (c)"; and on page 24 by inserting immediately below line 7 the following: "(h) For the purposes of this Section, licensed health care professionals shall not be employed by the establishment, its parent, or any other entity with common ownership."; and on page 25, line 8, by changing "situations" to "situations as defined in Section 10 of this Act". on page 25, line 25, by changing "may" to "shall"; and on page 30, line 1, by deleting "permanent"; and on page 30 by replacing lines 28, 29, and 30 with the following: "request at any time."; and on page 31, line 3, by changing "Visits" to "Additional visits"; and on page 31, line 31, by changing "not" to "need not be"; and on page 33 by replacing line 4 with the following: "Public Aid and Human Services, the Department on Aging, the Office of". on page 33, line 31, by changing "member's" to "members'"; and on page 34 by replacing lines 9 through 14 with the following: "(d) The Board shall be provided copies of all administrative rules and changes to administrative rules for review and comment prior to notice being given to the public. If the Board, having been asked for its"; and on page 35, line 19, by changing "alzheimer" to "Alzheimer"; and on page 36 by replacing lines 30 through 32 with the following: "patterns to respond to the needs of residents."; and on page 37 by replacing lines 5 and 6 with the following: "provisions of the Illinois Health Facilities Planning Act. An establishment licensed under"; and on page 55, line 15, by changing "law," to "law;".
1576 JOURNAL OF THE [March 18, 1999] On motion of Representative Joseph Lyons, Amendment No. 1 was ordered to lie on the table. Floor Amendment No. 2 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 Younge, HOUSE BILL 2315 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: 60, Yeas; 56, Nays; 1, 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 Dart, HOUSE BILL 210 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: 61, Yeas; 53, Nays; 2, Answering Present. (ROLL CALL 21) VERIFIED ROLL CALL 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 Currie, HOUSE BILL 2266 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; 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 Ryder, HOUSE BILL 2841 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmativ by the following vote: 103, Yeas; 11, Nays; 1, 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 Stroger, HOUSE BILL 1959 was taken up
HOUSE OF REPRESENTATIVES 1577 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; 41, Nays; 7, Answering Present. (ROLL CALL 24) 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 1375 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 76, Yeas; 38, Nays; 1, 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 Saviano, HOUSE BILL 1837 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: 98, Yeas; 18, Nays; 1, 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 Reitz, HOUSE BILL 654 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Reitz, further consideration of HOUSE BILL 654 was postponed. On motion of Representative Tim Johnson, HOUSE BILL 2733 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. (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 Acevedo, HOUSE BILL 1975 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Lang, further consideration of HOUSE BILL 1975 was postponed. RECALLS By unanimous consent, on motion of Representative McCarthy, HOUSE BILL 999 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading.
1578 JOURNAL OF THE [March 18, 1999] Representative Daniels offered the following amendment and moved its adoption: AMENDMENT NO. 8 TO HOUSE BILL 999 AMENDMENT NO. 8. Amend House Bill 999 on page 1, by replacing lines 1 and 2 with the following: "AN ACT relating to education."; and on page 1, by replacing lines 5 and 6 with the following: "Section 1. Short title. This Act may be cited as the Fund Education First Act. Section 5. Educational appropriations. Beginning with fiscal year 2000 and in each fiscal year thereafter, subject to the provisions of Section 10 of this Act, the General Assembly shall appropriate for educational programs an amount that is equal to or exceeds the sum of: (a) the total amount appropriated from general funds for educational programs during the fiscal year immediately preceding the fiscal year for which the appropriation is being made; and (b) 51% of total new general funds available for spending from estimated growth in revenues and funds available because of budgeted program growth and decline in the fiscal year for which the appropriation is being made, 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. Section 10. State and federal funding. State funding for educational programs shall continue to be appropriated pursuant to the formula established in Section 5 until the sum of State and federal spending represents one-half of the total revenues available from local, State, and federal sources for elementary and secondary education programs for the current fiscal year, as estimated by the State Superintendent of Education. Section 15. Allocation. Two-thirds of the new general funds to be appropriated pursuant to clause (b) of Section 5 shall be appropriated for elementary and secondary educational programs and one-third shall be appropriated for higher education programs. Section 20. Governor's budget. Beginning with fiscal year 2001 and in each fiscal year thereafter, the Governor shall include in his annual budget an allocation for elementary and secondary education and higher education which conforms to the provisions of this Act. Section 105. The Illinois Income Tax Act is amended by changing Section 201 as follows:"; and on page 20, below line 26, by inserting the following: "Section 999. Effective date. This Act takes effect upon becoming law.".
HOUSE OF REPRESENTATIVES 1579 The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 8 was ordered engrossed; and the bill as amended was ordered transcribed, typed and again advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative McCarthy, HOUSE BILL 999 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: 74, Yeas; 41, Nays; 1, Answering Present. (ROLL CALL 28) VERIFIED ROLL CALL 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 Delgado, HOUSE BILL 312 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; 3, Nays; 2, 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. On motion of Representative McCarthy, HOUSE BILL 1325 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: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 30) 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 Murphy, HOUSE BILL 1954 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: 63, Yeas; 52, Nays; 2, Answering Present. (ROLL CALL 31) VERIFIED ROLL CALL 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 Woolard, HOUSE BILL 734 was taken up and read by title a third time.
1580 JOURNAL OF THE [March 18, 1999] And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 1, 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. On motion of Representative Stroger, HOUSE BILL 1208 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: 68, Yeas; 47, Nays; 1, Answering Present. (ROLL CALL 33) 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 2031. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Environment & Energy, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2031 AMENDMENT NO. 1. Amend House Bill 2031 by replacing the title with the following: "AN ACT to amend the Illinois Vehicle Code."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Sections 13-101, 13-103, 13-109, and 13-114 and adding Sections 13-100.1, 13-101.2, 13-102.1, and 13-116.1 as follows: (625 ILCS 5/13-100.1 new) Sec. 13-100.1. Definitions As used in this Chapter, "affected areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable, Goose Lake, and Oswego. (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101) Sec. 13-101. Submission to safety test; Certificate of safety. To promote the safety of the general public, every owner of a second division vehicle, medical transport vehicle, or tow truck shall, before operating it upon the highways of Illinois, submit it to a "safety test" and secure a certificate of safety furnished by the Department as set forth in Section 13-109. Each second division motor vehicle that pulls or draws a trailer, semitrailer or pole trailer, with a gross weight of more than 8,000 lbs or is registered for a gross weight of more than 8,000 lbs, motor bus, religious organization bus, school bus, senior citizen transportation vehicle, and limousine shall be subject to inspection by the Department and the Department is authorized to establish rules and regulations for the implementation of such inspections. The owners of each salvage vehicle shall submit it to a "safety test" and secure a certificate of safety furnished by the Department prior to its salvage vehicle inspection pursuant to Section 3-308 of
HOUSE OF REPRESENTATIVES 1581 this Code. However, none of the provisions of Chapter 13 requiring safety tests or a certificate of safety shall apply to: (a) farm tractors, machinery and implements, wagons, wagon-trailers or like farm vehicles used primarily in agricultural pursuits; (b) vehicles other than school buses, tow trucks and medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants and which are subject to safety tests imposed by local ordinance or resolution; (c) a semitrailer or trailer having a gross weight of 5,000 pounds or less including vehicle weight and maximum load; (d) recreational vehicles; (e) vehicles registered as and displaying Illinois antique vehicle plates; (f) house trailers equipped and used for living quarters; (g) vehicles registered as and displaying Illinois permanently mounted equipment plates or similar vehicles eligible therefor but registered as governmental vehicles provided that if said vehicle is reclassified from a permanently mounted equipment plate so as to lose the exemption of not requiring a certificate of safety, such vehicle must be safety tested within 30 days of the reclassification; (h) vehicles owned or operated by a manufacturer, dealer or transporter displaying a special plate or plates as described in Chapter 3 of this Code while such vehicle is being delivered from the manufacturing or assembly plant directly to the purchasing dealership or distributor, or being temporarily road driven for quality control testing, or from one dealer or distributor to another, or are being moved by the most direct route from one location to another for the purpose of installing special bodies or equipment, or driven for purposes of demonstration by a prospective buyer with the dealer or his agent present in the cab of the vehicle during the demonstration; (i) pole trailers and auxiliary axles; (j) special mobile equipment; (k) vehicles properly registered in another State pursuant to law and displaying a valid registration plate; (l) water-well boring apparatuses or rigs; (m) any vehicle which is owned and operated by the federal government and externally displays evidence of such ownership; and (n) second division vehicles registered for a gross weight of 8,000 pounds or less, except when such second division motor vehicles pull or draw a trailer, semi-trailer or pole trailer having a gross weight of or registered for a gross weight of more than 8,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles and tow trucks. The safety test shall include the testing and inspection of brakes, lights, horns, reflectors, rear vision mirrors, mufflers, safety chains, windshields and windshield wipers, warning flags and flares, frame, axle, cab and body, or cab or body, wheels, steering apparatus, and other safety devices and appliances required by this Code and such other safety tests as the Department may by rule or regulation require, for second division vehicles, school buses, medical transport vehicles, tow trucks, trailers and semitrailers subject to inspection. During one safety test a year, for those diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds and
1582 JOURNAL OF THE [March 18, 1999] are registered to a resident or unit of local government of an affected area, the safety test shall include an emission inspection by the Department. Those diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds, are registered to a resident or a unit of local government of an affected area, and fall under the description in subsection (b) or (c) of this Section are required to submit to an annual emission inspection, even if they are not required to submit to a safety test under this Chapter 13. For tow trucks, the safety test and inspection shall also include the inspection of winch mountings, body panels, body mounts, wheel lift swivel points, and sling straps, and other tests and inspections the Department by rule requires for tow trucks. For trucks, truck tractors, trailers, semi-trailers, and buses, the safety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the U.S. Department of Transportation and contained in Appendix G to Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. Those standards, as now in effect, are made a part of this Code, in the same manner as though they were set out in full in this Code. For those diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds that are subject to diesel emission inspections under this Chapter 13, the diesel emission inspections shall be conducted according to the procedures and standards established by rule by the Pollution Control Board. Before any person may inspect a diesel powered vehicle for emission compliance he or she must receive adequate training and certification for diesel emission inspections by the Department. The Department is authorized to promulgate rules for the training and certification of diesel powered vehicle emission inspection personnel. The passing of the safety test shall not be a bar at any time to prosecution for operating a second division vehicle or medical transport vehicle which is unsafe as determined by the standards prescribed in this Code. (Source: P.A. 89-433, eff. 12-15-95.) (625 ILCS 5/13-101.2 new) Sec. 13-101.2. Random diesel powered vehicle emission inspections. The Department of State Police is authorized to perform random emission inspections of diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds and are operated on the roadways of this State within the affected areas. The inspections shall adhere to the procedures and standards established by the Pollution Control Board. These random emission inspections shall be conducted by the Department of State Police, or their authorized agents, at weigh stations, roadside, or other safe and reasonable locations. Before any person may inspect a diesel vehicle under this Section, he or she must receive adequate training and certification for diesel emission inspections by the Department. The Department is authorized to promulgate rules for the training and certification of diesel powered vehicle emission inspection personnel. (625 ILCS 5/13-102.1 new) Sec. 13-102.1. Diesel powered vehicle emission inspection report. Beginning January 1, 2001, the Department of Transportation and the Department of State Police shall each conduct an annual study, independent of each other, concerned with the policy of emission inspections for diesel powered vehicles registered for a gross weight of more than 8,000 pounds. The studies shall be reported to the General Assembly by December 31, 2001, and every December 31 thereafter. The studies shall also be sent to the Illinois Environmental Protection Agency for its use in environmental
HOUSE OF REPRESENTATIVES 1583 matters. The studies shall include, but not be limited to, the following information: (a) the number of diesel powered vehicles registered for a gross weight of more than 8,000 pounds that were inspected for emission compliance conducted by their respective Departments pursuant to this Chapter 13 during the previous year; (b) the number of diesel powered vehicles that failed and passed the emission inspections conducted by their respective Departments required pursuant to this Chapter 13 during the previous year; and (c) the number of diesel powered vehicles that failed the emission inspections conducted by the respective Departments pursuant to this Chapter 13 more than once in the previous year. (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109) Sec. 13-109. Safety test prior to application for license - Subsequent tests - Repairs - Retest. (a) Except as otherwise provided in Chapter 13, each second division vehicle and medical transport vehicle, except those vehicles other than school buses or medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants which are subjected to safety tests imposed by local ordinance or resolution, operated in whole or in part over the highways of this State shall be subjected to the safety test provided for in Chapter 13 of this Code. Tests shall be conducted at an official testing station within 6 months prior to the application for registration as provided for in this Code. Subsequently each vehicle shall be subject to tests at least every 6 months, and in the case of school buses at least every 6 months or 10,000 miles whichever occurs first, and according to schedules established by rules and regulations promulgated by the Department. Any component subject to regular inspection which is damaged in a reportable accident must be reinspected before the bus is returned to service. During one safety test a year, for each diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds and is registered to a resident or unit of local government of an affected area, the safety test shall include an emission inspection by the Department. Those diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds, are registered to a resident or a unit of local government of an affected area, and fall under the description in subsection (b) or (c) of Section 13-101 are required to submit to an annual emission inspection, even if they are not required to submit to a safety test under this Chapter 13. (b) The Department shall also conduct periodic nonscheduled inspections of school buses, of buses registered as charitable vehicles and of religious organization buses. If such inspection reveals that a vehicle is not in substantial compliance with the rules promulgated by the Department, the Department shall remove the Certificate of Safety from the vehicle, and shall place the vehicle out-of-service. A bright orange, triangular decal shall be placed on an out-of-service vehicle where the Certificate of Safety has been removed. The vehicle must pass a safety test at an official testing station before it is again placed in service. (c) If the violation is not substantial a bright yellow, triangular sticker shall be placed next to the Certificate of Safety at the time the nonscheduled inspection is made. The Department shall reinspect the vehicle after 3 working days to determine that the violation has been corrected and remove the yellow, triangular decal. If the violation is not corrected within 3 working days, the Department shall place the vehicle out-of-service in accordance with
1584 JOURNAL OF THE [March 18, 1999] procedures in subsection (b). (d) If a violation is not substantial and does not directly affect the safe operation of the vehicle, or if the violation is a violation of the emission standards of the Pollution Control Board for a diesel powered vehicle registered for a gross weight of more than 8,000 pounds, the Department shall issue a warning notice requiring correction of the violation. Such correction shall be accomplished as soon as practicable and a report of the correction shall be made to the Department within 30 days in a manner established by the Department. If the Department has not been advised that the corrections have been made, and the violations still exist, the Department shall place the vehicle out-of-service in accordance with procedures in subsection (b). (e) The Department is authorized to promulgate regulations to implement its program of nonscheduled inspections. Causing or allowing the operation of an out-of-service vehicle with passengers or unauthorized removal of an out-of-service sticker is a Class 3 felony. Causing or allowing the operation of a vehicle with a 3-day sticker for longer than 3 days with the sticker attached or the unauthorized removal of a 3-day sticker is a Class C misdemeanor. (f) If a second division vehicle or medical transport vehicle is in safe mechanical condition, as determined pursuant to Chapter 13, the operator of the official testing station must at once issue to the second division vehicle or medical transport vehicle a certificate of safety, in the form and manner prescribed by the Department, which shall be affixed to the vehicle by the certified safety tester who performed the safety tests. The owner of the second division vehicle or medical transport vehicle shall at all times display the Certificate of Safety on the second division vehicle or medical transport vehicle in the manner prescribed by the Department. (g) If a test shows that a second division vehicle or medical transport vehicle is not in safe mechanical condition as provided in this Section, it shall not be operated on the highways until it has been repaired and submitted to a retest at an official testing station. If the owner submits the second division vehicle or medical transport vehicle to a retest at a different official testing station from that where it failed to pass the first test, he shall present to the operator of the second station the report of the original test, and shall notify the Department in writing, giving the name and address of the original testing station and the defects which prevented the issuance of a Certificate of Safety, and the name and address of the second official testing station making the retest. (h) It is unlawful for any person to operate a diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds upon the roadways of this State in violation of the smoke opacity emission standards set forth by the Pollution Control Board. Notwithstanding any other penalty, whenever a law enforcement officer of the Department of State Police determines that a diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds is in violation of the standards promulgated by the Pollution Control Board, as evidenced by issuance of a citation for a violation of the standards promulgated by the Pollution Control Board, the owner or operator of the vehicle shall be guilty of a petty offense punishable by a fine of not less than $400, except that a third or subsequent violation within one year of the first violation is a Class C misdemeanor. (Source: P.A. 86-447; 86-1223.) (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) Sec. 13-114. Interstate carriers of property. Any vehicle registered in Illinois and operated by an interstate carrier of
HOUSE OF REPRESENTATIVES 1585 property shall be exempt from the provisions of this Chapter provided such carrier has registered with the Bureau of Motor Carrier Safety of the Federal Highway Administration as an interstate motor carrier of property and has been assigned a federal census number by such Bureau. An interstate carrier of property, however, is not exempt from the provisions of Sections 13-101.2 or Section 13-111(b) of this Chapter. Any vehicle registered in Illinois and operated by a private interstate carrier of property shall be exempt from the provisions of this Chapter, except the provisions of Sections 13-101.2 or Section 13-111(b), provided it: 1. Is registered with the Bureau of Motor Carrier Safety of the Federal Highway Administration, and 2. Carries in the motor vehicle documentation issued by the Bureau of Motor Carrier Safety of the Federal Highway Administration displaying the federal census number assigned, and 3. Displays on the sides of the motor vehicle the census number, which must be no less than 2 inches high, with a brush stroke no less than 1/4 inch wide in a contrasting color. (Source: P.A. 85-1407.) (625 ILCS 5/13-116.1 new) Sec. 13-116.1. Emission inspection funding. The Department of Transportation and the Department of State Police shall be reimbursed for all expenses of the testing of diesel powered emission inspections pursuant to this Chapter 13 when that testing is conducted within the affected areas, subject to appropriation, from the General Revenue Fund. No moneys from any fund other than the General Revenue Fund shall be appropriated the for diesel emission inspections under this Chapter 13.". Representative Madigan offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 2031 AMENDMENT NO. 2. Amend House Bill 2031, AS AMENDED, by replacing the title with the following: "AN ACT concerning motor vehicles, amending named Acts."; and 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 Diesel Emissions Testing Fund. Section 10. The Illinois Vehicle Code is amended by changing Sections 13-101, 13-103, 13-109, and 13-114 and adding Sections 13-100.1, 13-101.2, 13-101.3, 13-102.1, and 13-116.1 as follows: (625 ILCS 5/13-100.1 new) Sec. 13-100.1. Definitions As used in this Chapter, "affected areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable and Goose Lake in Grundy County and the township of Oswego in Kendall County. (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101) Sec. 13-101. Submission to safety test; Certificate of safety. To promote the safety of the general public, every owner of a second division vehicle, medical transport vehicle, or tow truck shall, before operating it upon the highways of Illinois, submit it to a "safety test" and secure a certificate of safety furnished by the Department as set forth in Section 13-109. Each second division motor
1586 JOURNAL OF THE [March 18, 1999] vehicle that pulls or draws a trailer, semitrailer or pole trailer, with a gross weight of more than 8,000 lbs or is registered for a gross weight of more than 8,000 lbs, motor bus, religious organization bus, school bus, senior citizen transportation vehicle, and limousine shall be subject to inspection by the Department and the Department is authorized to establish rules and regulations for the implementation of such inspections. The owners of each salvage vehicle shall submit it to a "safety test" and secure a certificate of safety furnished by the Department prior to its salvage vehicle inspection pursuant to Section 3-308 of this Code. However, none of the provisions of Chapter 13 requiring safety tests or a certificate of safety shall apply to: (a) farm tractors, machinery and implements, wagons, wagon-trailers or like farm vehicles used primarily in agricultural pursuits; (b) vehicles other than school buses, tow trucks and medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants and which are subject to safety tests imposed by local ordinance or resolution; (c) a semitrailer or trailer having a gross weight of 5,000 pounds or less including vehicle weight and maximum load; (d) recreational vehicles; (e) vehicles registered as and displaying Illinois antique vehicle plates; (f) house trailers equipped and used for living quarters; (g) vehicles registered as and displaying Illinois permanently mounted equipment plates or similar vehicles eligible therefor but registered as governmental vehicles provided that if said vehicle is reclassified from a permanently mounted equipment plate so as to lose the exemption of not requiring a certificate of safety, such vehicle must be safety tested within 30 days of the reclassification; (h) vehicles owned or operated by a manufacturer, dealer or transporter displaying a special plate or plates as described in Chapter 3 of this Code while such vehicle is being delivered from the manufacturing or assembly plant directly to the purchasing dealership or distributor, or being temporarily road driven for quality control testing, or from one dealer or distributor to another, or are being moved by the most direct route from one location to another for the purpose of installing special bodies or equipment, or driven for purposes of demonstration by a prospective buyer with the dealer or his agent present in the cab of the vehicle during the demonstration; (i) pole trailers and auxiliary axles; (j) special mobile equipment; (k) vehicles properly registered in another State pursuant to law and displaying a valid registration plate; (l) water-well boring apparatuses or rigs; (m) any vehicle which is owned and operated by the federal government and externally displays evidence of such ownership; and (n) second division vehicles registered for a gross weight of 8,000 pounds or less, except when such second division motor vehicles pull or draw a trailer, semi-trailer or pole trailer having a gross weight of or registered for a gross weight of more than 8,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles and tow trucks. The safety test shall include the testing and inspection of
HOUSE OF REPRESENTATIVES 1587 brakes, lights, horns, reflectors, rear vision mirrors, mufflers, safety chains, windshields and windshield wipers, warning flags and flares, frame, axle, cab and body, or cab or body, wheels, steering apparatus, and other safety devices and appliances required by this Code and such other safety tests as the Department may by rule or regulation require, for second division vehicles, school buses, medical transport vehicles, tow trucks, trailers and semitrailers subject to inspection. For tow trucks, the safety test and inspection shall also include the inspection of winch mountings, body panels, body mounts, wheel lift swivel points, and sling straps, and other tests and inspections the Department by rule requires for tow trucks. For trucks, truck tractors, trailers, semi-trailers, and buses, the safety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the U.S. Department of Transportation and contained in Appendix G to Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. Those standards, as now in effect, are made a part of this Code, in the same manner as though they were set out in full in this Code. Diesel emission inspections conducted under this Chapter 13 shall be conducted in accordance with the Society of Automotive Engineers Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles" and the cutpoint standards set forth in the United States Environmental Protection Agency guidance document "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure". Those procedures and standards, as now in effect, are made a part of this Code, in the same manner as though they were set out in full in this Code. The passing of the safety test shall not be a bar at any time to prosecution for operating a second division vehicle or medical transport vehicle which is unsafe as determined by the standards prescribed in this Code. (Source: P.A. 89-433, eff. 12-15-95.) (625 ILCS 5/13-101.2 new) Sec. 13-101.2. Nonscheduled diesel powered vehicle emission inspections. The Department of State Police is authorized to perform nonscheduled emission inspections of diesel powered vehicles that are operated on the roadways of this State within the affected areas and are registered for a gross weight of more than 8,000 pounds. The inspections shall adhere to the procedures and standards set forth in Section 13-101. These nonscheduled emission inspections shall be conducted by the Department of State Police, or their authorized agents, at weigh stations, roadside, or other safe and reasonable locations within the affected areas. Before any person may inspect a diesel vehicle under this Section, he or she must receive adequate training and certification for diesel emission inspections by the Department of State Police. The Department of State Police is authorized to promulgate rules for the training and certification of persons who conduct emission inspections under this Section. (625 ILCS 5/13-101.3 new) Sec. 12-101.3. Pollution Control Board diesel emission standards and tests. Within 8 months of the effective date of this amendatory Act of the 91st General Assembly, the Pollution Control Board shall amend its heavy-duty diesel smoke opacity standards and test procedures to be consistent with the procedures and standards set forth in Section 13-101. (625 ILCS 5/13-102.1 new) Sec. 13-102.1. Diesel powered vehicle emission inspection report. Beginning January 1, 2001, the Department of Transportation
1588 JOURNAL OF THE [March 18, 1999] and the Department of State Police shall each conduct an annual study, independent of each other, concerned with the results of emission inspections for diesel powered vehicles registered for a gross weight of more than 8,000 pounds. The studies shall be reported to the General Assembly by December 31, 2001, and every December 31 thereafter. The studies shall also be sent to the Illinois Environmental Protection Agency for its use in environmental matters. The studies shall include, but not be limited to, the following information: (a) the number of diesel powered vehicles that were inspected for emission compliance conducted by their respective Departments pursuant to this Chapter 13 during the previous year; (b) the number of diesel powered vehicles that failed and passed the emission inspections conducted by their respective Departments required pursuant to this Chapter 13 during the previous year; and (c) the number of diesel powered vehicles that failed the emission inspections conducted by the respective Departments pursuant to this Chapter 13 more than once in the previous year. (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103) Sec. 13-103. Official testing stations - Fee - Permit - Bond. Upon the payment of a fee of $10 and the filing of an application by the proprietor of any vehicle service station or public or private garage upon forms furnished by the Department, accompanied by proof of experience, training and ability of the operator of the testing equipment, together with proof of installation of approved testing equipment as defined in Section 13-102 and the giving of a bond conditioned upon faithful observance of this Section and of rules and regulations issued by the Department in the amount of $1,000 with security approved by the Department, the Department shall issue a permit to the proprietor of such vehicle service station or garage to operate an Official Testing Station. Such permit shall expire 12 months following its issuance, but may be renewed annually by complying with the requirements set forth in this Section and upon the payment of a renewal fee of $10. Proprietors of official testing stations for which permits have been issued prior to the effective date of this Act may renew such permits for the renewal fee of $10 on the expiration of each 12 months following issuance of such permits, by complying with the requirements set forth in this Section. However, any city, village or incorporated town shall upon application to the Department and without payment of any fee or filing of any bond, but upon proof of experience, training and ability of the operator of the testing equipment, and proof of the installation of approved testing equipment as defined in Section 13-102, be issued a permit to operate such testing station as an Official Testing Station under this Act. The permit so issued shall at all times be displayed in a prominent place in the vehicle service station, garage or municipal testing station which is licensed as an Official Testing Station under this Act. No person or vehicle service station, garage or municipal testing station shall in any manner claim or represent himself or itself to be an official testing station unless a permit has been issued to him or it as provided in this Section. Any person or municipality who or which has received a permit under this Section may test his or its own second division vehicles and issue certificates of safety with respect to any such second division vehicles owned, operated or controlled by him or it. Notwithstanding the above provisions, in no event may any municipality with a population of over 2,000,000 that has received a permit under this Section test diesel powered vehicles to determine
HOUSE OF REPRESENTATIVES 1589 compliance with the emission standards set forth in Section 13-101 for the purpose of this Chapter 13. Each such permit issued by the Department shall state on its face the location of the official testing station to be operated under the permit and safety tests shall be made only at such location. However, the Department may, upon application, authorize a change in the location of the official testing station and the removal of the testing equipment to the new location. Upon approval of such application, the Department shall issue an endorsement which the applicant shall affix to his permit. Such endorsement constitutes authority for the applicant to make such change in location and to remove his testing equipment at the times and to the places stated in the endorsement. (Source: P.A. 80-606.) (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109) Sec. 13-109. Safety test prior to application for license - Subsequent tests - Repairs - Retest. (a) Except as otherwise provided in Chapter 13, each second division vehicle and medical transport vehicle, except those vehicles other than school buses or medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants which are subjected to safety tests imposed by local ordinance or resolution, operated in whole or in part over the highways of this State shall be subjected to the safety test provided for in Chapter 13 of this Code. Tests shall be conducted at an official testing station within 6 months prior to the application for registration as provided for in this Code. Subsequently each vehicle shall be subject to tests at least every 6 months, and in the case of school buses at least every 6 months or 10,000 miles whichever occurs first, and according to schedules established by rules and regulations promulgated by the Department. Any component subject to regular inspection which is damaged in a reportable accident must be reinspected before the bus is returned to service. (b) The Department shall also conduct periodic nonscheduled inspections of school buses, of buses registered as charitable vehicles and of religious organization buses. If such inspection reveals that a vehicle is not in substantial compliance with the rules promulgated by the Department, the Department shall remove the Certificate of Safety from the vehicle, and shall place the vehicle out-of-service. A bright orange, triangular decal shall be placed on an out-of-service vehicle where the Certificate of Safety has been removed. The vehicle must pass a safety test at an official testing station before it is again placed in service. (c) If the violation is not substantial a bright yellow, triangular sticker shall be placed next to the Certificate of Safety at the time the nonscheduled inspection is made. The Department shall reinspect the vehicle after 3 working days to determine that the violation has been corrected and remove the yellow, triangular decal. If the violation is not corrected within 3 working days, the Department shall place the vehicle out-of-service in accordance with procedures in subsection (b). (d) If a violation is not substantial and does not directly affect the safe operation of the vehicle, the Department shall issue a warning notice requiring correction of the violation. Such correction shall be accomplished as soon as practicable and a report of the correction shall be made to the Department within 30 days in a manner established by the Department. If the Department has not been advised that the corrections have been made, and the violations still exist, the Department shall place the vehicle out-of-service in accordance with procedures in subsection (b).
1590 JOURNAL OF THE [March 18, 1999] (e) The Department is authorized to promulgate regulations to implement its program of nonscheduled inspections. Causing or allowing the operation of an out-of-service vehicle with passengers or unauthorized removal of an out-of-service sticker is a Class 3 felony. Causing or allowing the operation of a vehicle with a 3-day sticker for longer than 3 days with the sticker attached or the unauthorized removal of a 3-day sticker is a Class C misdemeanor. (f) If a second division vehicle or medical transport vehicle is in safe mechanical condition, as determined pursuant to Chapter 13, the operator of the official testing station must at once issue to the second division vehicle or medical transport vehicle a certificate of safety, in the form and manner prescribed by the Department, which shall be affixed to the vehicle by the certified safety tester who performed the safety tests. The owner of the second division vehicle or medical transport vehicle shall at all times display the Certificate of Safety on the second division vehicle or medical transport vehicle in the manner prescribed by the Department. (g) If a test shows that a second division vehicle or medical transport vehicle is not in safe mechanical condition as provided in this Section, it shall not be operated on the highways until it has been repaired and submitted to a retest at an official testing station. If the owner submits the second division vehicle or medical transport vehicle to a retest at a different official testing station from that where it failed to pass the first test, he shall present to the operator of the second station the report of the original test, and shall notify the Department in writing, giving the name and address of the original testing station and the defects which prevented the issuance of a Certificate of Safety, and the name and address of the second official testing station making the retest. (h) During one safety test a year as determined by the Department, for each diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds and is registered within an affected area, the safety test shall include an emission inspection conducted at an official testing station certified by the Department to perform diesel emissions inspections pursuant to the procedures for diesel emissions inspections set forth in Section 13-101. Diesel powered vehicles that are registered for a gross weight of more than 8,000 pounds, that are registered within an affected area, and that fall under the description in subsection (b) of Section 13-101 are required to submit to an emission inspection under this Chapter 13. If the inspection reveals that the vehicle is not in compliance with the diesel emission standard set forth in Section 13-101, the operator of the official testing station shall issue a warning notice requiring correction of the violation. The correction shall be made and the vehicle submitted to an emissions retest at an official testing station certified by the Department to perform diesel emission inspections within 30 days from the issuance of the warning notice requiring correction of the violation. If within 30 days from the issuance of the warning notice, the vehicle is not in compliance with the diesel emission standards set forth in Section 13-101 as determined by an emissions retest at an official testing station, the operator of the official testing station or the Department shall place the vehicle out-of-service in accordance with the rules promulgated by the Department. Operating a vehicle that has been placed out-of-service under this subsection (h) is a business offense punishable by a $1,000 fine. The vehicle must pass a diesel emission inspection at an official testing station before it is again placed in service. The Secretary of State, Department of State Police, and other law enforcement officers shall enforce this subsection (h). All moneys
HOUSE OF REPRESENTATIVES 1591 received from fines imposed under this subsection shall be paid into the Diesel Emissions Testing Fund. All citations issued pursuant to this subsection shall be considered non-moving violations. The Department is authorized to promulgate rules to implement its responsibilities under this Section. (i) Except as provided in subsection (h) and this subsection (i), it is unlawful for any person to operate a diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds upon the roadways of this State in violation of the diesel emission standards set forth in Section 13-101. Notwithstanding any other penalty, whenever a law enforcement officer of the Department of State Police determines that a diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds is in violation of the diesel emission standards, as evidenced by issuance of a citation for a violation of the standards, the operator of the vehicle shall be guilty of a business offense punishable by a $400 fine, except that a third or subsequent violation within one year of the first violation is a business offense punishable by a $1,000 fine. In no event may an operator who has received a citation under this subsection (i) receive, within 30 days of the initial citation, a second or subsequent citation for operating the same vehicle in violation of the diesel emission standard under this Chapter. All moneys received from fines imposed under this subsection shall be paid into the Diesel Emissions Testing Fund. All citations issued pursuant to this subsection shall be considered non-moving violations. (j) There is hereby created within the State Treasury a special fund to be known as the Diesel Emissions Testing Fund, constituted from the fines collected pursuant to subsections (h) and (i) of this Section. Subject to appropriation, moneys from the Diesel Emissions Testing Fund shall be available, as a supplement to moneys appropriated from the General Revenue Fund, to the Department of Transportation and the Department of State Police for their implementation of the diesel emission inspection requirements under this Chapter 13. (Source: P.A. 86-447; 86-1223.) (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) Sec. 13-114. Interstate carriers of property. Any vehicle registered in Illinois and operated by an interstate carrier of property shall be exempt from the provisions of this Chapter provided such carrier has registered with the Bureau of Motor Carrier Safety of the Federal Highway Administration as an interstate motor carrier of property and has been assigned a federal census number by such Bureau. An interstate carrier of property, however, is not exempt from the provisions of Section 13-111(b) of this Chapter. Any vehicle registered in Illinois and operated by a private interstate carrier of property shall be exempt from the provisions of this Chapter, except the provisions of Section 13-111(b), provided it: 1. is registered with the Bureau of Motor Carrier Safety of the Federal Highway Administration, and 2. carries in the motor vehicle documentation issued by the Bureau of Motor Carrier Safety of the Federal Highway Administration displaying the federal census number assigned, and 3. displays on the sides of the motor vehicle the census number, which must be no less than 2 inches high, with a brush stroke no less than 1/4 inch wide in a contrasting color. Notwithstanding any other provision of this Section, each diesel powered vehicle that is registered for a gross weight of more than 8,000 pounds, registered within the affected area, and operated by an interstate carrier of property or a private interstate carrier of
1592 JOURNAL OF THE [March 18, 1999] property within the affected area is subject to the provisions of this Chapter that pertain to diesel emission inspections. (Source: P.A. 85-1407.) (625 ILCS 5/13-116.1 new) Sec. 13-116.1. Emission inspection funding. The Department of Transportation and the Department of State Police shall be reimbursed for all expenses related to the training, equipment, recordkeeping, and conducting of diesel powered emission inspections pursuant to this Chapter 13 when that testing is conducted within the affected areas, subject to appropriation, from the General Revenue Fund and the Diesel Emissions Testing Fund. No moneys from any funds other than the General Revenue Fund and the Diesel Emissions Testing Fund shall be appropriated for diesel emission inspections under this Chapter 13.". AMENDMENT NO. 3 TO HOUSE BILL 2031 AMENDMENT NO. 3. Amend House Bill 2031, AS AMENDED, with reference to the page and line numbers of House Amendment No. 2, as follows: on page 1, immediately below line 11, by inserting the following: "Section 7. The State Mandates Act is amended by adding Section 8.23 as follows: (30 ILCS 805/8.23 new) Sec. 8.23. Exempt mandate. Notwithstanding Section 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly."; and on page 1, lines 14 and 15 by replacing "and 13-116.1" with "13-116.1, and 13-117"; and on page 8, lines 16 and 17 by deleting "with a population of over 2,000,000"; and on page 15, line 5, after "13.", by inserting the following: "(625 ILCS 5/13-117 new) Sec. 13-117. Home rule. A unit of local government within the affected areas, including home rule units, shall not require or conduct a diesel emission inspection program that does not meet or exceed the procedures and standards of the diesel emission inspections provided for in this Chapter 13. A unit of local government within the affected areas, including home rule units, must affirmatively comply with the diesel emission inspection requirements of this Chapter 13 and does not comply with the diesel emission inspection requirements of this Chapter 13 by conducting its own tests. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.". The motion prevailed and the amendments were 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. RECALLS By unanimous consent, on motion of Representative Bugielski, HOUSE BILL 1382 was recalled from the order of Third Reading to the order of Second Reading and held on that order.
HOUSE OF REPRESENTATIVES 1593 By unanimous consent, on motion of Representative Woolard, HOUSE BILL 733 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON SECOND READING Having been read by title a second time on March 17, 1999 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 452. HOUSE BILL 1058. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 1058 AMENDMENT NO. 1. Amend House Bill 1058 by replacing the title with the following: "AN ACT concerning higher education partial tuition waivers, amending named Acts."; and by replacing everything after the enacting clause with the following: "(110 ILCS 305/7f rep.) Section 5. The University of Illinois Act is amended by repealing Section 7f. (110 ILCS 520/8f rep.) Section 10. The Southern Illinois University Management Act is amended by repealing Section 8f. (110 ILCS 660/5-90 rep.) Section 15. The Chicago State University Law is amended by repealing Section 5-90. (110 ILCS 665/10-90 rep.) Section 20. The Eastern Illinois University Law is amended by repealing Section 10-90. (110 ILCS 670/15-90 rep.) Section 25. The Governors State University Law is amended by repealing Section 15-90. (110 ILCS 675/20-90 rep.) Section 30. The Illinois State University Law is amended by repealing Section 20-90. (110 ILCS 680/25-90 rep.) Section 35. The Northeastern Illinois University Law is amended by repealing Section 25-90. (110 ILCS 685/30-90 rep.) Section 40. The Northern Illinois University Law is amended by repealing Section 30-90. (110 ILCS 690/35-90 rep.) Section 45. The Western Illinois University Law is amended by repealing Section 35-90. Section 99. Effective date. This Act takes effect July 1, 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.
1594 JOURNAL OF THE [March 18, 1999] HOUSE BILL 807. 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 and advanced to the order of Third Reading. HOUSE BILL 2035. Having been read by title a second time on March 16, 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 2751. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Constitutional Officers, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2751 AMENDMENT NO. 1. Amend House Bill 2751 on page 2, line 5, by replacing "may" with "shall"; and on page 2, line 6, by replacing "companies," with "companies"; and on page 2, line 7, by replacing "but" with "that volunteer to participate in the program, and"; and on page 2, by inserting the following immediately after line 9: "(d) The pilot program shall be funded by one or more of the following: (1) grants obtained by the Secretary from: (i) the National Highway Traffic Safety Administration; (ii) private foundations; or (iii) manufacturers of the school bus safety enhancement device; and (2) funds made available by lower insurance premiums resulting from use of the school bus safety enhancement device."; and on page 2, line 10, by replacing "(d)" with "(e)". 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 1149. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Labor & Commerce, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 1149 AMENDMENT NO. 1. Amend House Bill 1149 on page 2, by replacing lines 11 through 17 with the following: "With respect to the calendar years 1988 through 1999 and calendar year 2001 and each calendar year thereafter, the term "wages" includes shall include only the remuneration paid to an individual by an employer during that period with respect to employment which does not exceed $9,000. With respect to the calendar year 2000, the term"; and on page 8, by replacing lines 6 through 19 with the following: "the benefit periods of calendar years 1992 through 1999 and calendar year 2001 and each calendar year thereafter, the statewide average
HOUSE OF REPRESENTATIVES 1595 weekly wage, is shall be the statewide average weekly wage, as determined in accordance with this sentence, for the immediately preceding benefit period plus (or minus) an amount equal to the percentage change in the statewide average weekly wage, as computed in accordance with the preceding sentences of this paragraph, between the 2 immediately preceding benefit periods, multiplied by the statewide average weekly wage, as determined in accordance with this sentence, for the immediately preceding benefit period. For the benefit period of 2000, the statewide average weekly wage shall be $524. Provided however, that for any benefit period after". 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 2646. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on State Government Administration, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2646 AMENDMENT NO. 1. Amend House Bill 2646 on page 1, lines 2 and 7, by replacing "2-101, 9-103, 10-102" each time it appears with "9-103"; and on page 1 by deleting lines 9 through 31; and on page 2 by deleting lines 1 through 32; and on page 4 by deleting lines 3 through 22. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Giles, HOUSE BILL 1983 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 Monique Davis, HOUSE BILL 722 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 753. Having been read by title a second time on May 16, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 753 AMENDMENT NO. 1. Amend House Bill 753 as follows: On page 1, line 12, after "animal.", by inserting "Acts by persons
1596 JOURNAL OF THE [March 18, 1999] engaged in lawful hunting, fishing, or trapping under the Wildlife Code or the Fish and Aquatic Life Code and acts that are accepted and customary practices by persons engaged in scientific or medical experiments or by persons engaged in meat packing, meat processing, or the slaughtering of animals or raising or transporting animals for slaughter shall be exempt from the provisions of this Section.". 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 1829. Having been read by title a second time on March 16, 1999, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 1176. Having been read by title a second time on March 12, 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 1818. Having been read by title a second time on March 12, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Labor & Commerce, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 1818 AMENDMENT NO. 1. Amend House Bill 1818 on page 3, by replacing lines 1 through 4 with the following: "on any construction, as defined in this Act, that includes the transmission or distribution of gases or liquids or that includes cable, telecommunications, or electrical power systems, including but not limited to utility line locating, and all appurtenances and ancillaries, the project shall be"; and on page 3, line 9 by changing "laborers, workers, and mechanics" to "construction employer crafts or trades persons". 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 2255. Having been read by title a second time on March 12, 1999, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. At the hour of 8:01 o'clock p.m., Representative Currie moved that the House do now adjourn until Friday, March 19, 1999, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
HOUSE OF REPRESENTATIVES 1597 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 18, 1999 YEAS 0 NAYS 117 PRESENT P ACEVEDO P FOWLER P LINDNER P RIGHTER P BASSI P FRANKS P LOPEZ P 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 E 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
1598 JOURNAL OF THE [March 18, 1999] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1774 CHILD SUPPORT-ENFORCE-NOTICE THIRD READING PASSED MAR 18, 1999 114 YEAS 0 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 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 P 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 E PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE P 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 1599 NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 382 HEALTH BENEFIT DENIAL NOTICES THIRD READING PASSED MAR 18, 1999 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER 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 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 E 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
1600 JOURNAL OF THE [March 18, 1999] NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 90 JUV CT-ADULT PROSCTN & INFO THIRD READING PASSED MAR 18, 1999 112 YEAS 0 NAYS 4 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT 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 P 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 P MORROW Y STEPHENS Y COWLISHAW P 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 E 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
HOUSE OF REPRESENTATIVES 1601 NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1153 BAN GREYHOUND RACE SIMULCAST THIRD READING PASSED MAR 18, 1999 116 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 E 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
1602 JOURNAL OF THE [March 18, 1999] NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 440 SCH CD-TRUANT-KINDERGARTEN THIRD READING PASSED MAR 18, 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 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 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 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 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 E 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 P FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1603 NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 77 ELDER CARE SAVINGS BOND ACT THIRD READING PASSED MAR 18, 1999 113 YEAS 3 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 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 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 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 Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL E 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
1604 JOURNAL OF THE [March 18, 1999] NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1832 MEDICAID-COVR SMOKNG CESSATION THIRD READING PASSED MAR 18, 1999 113 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 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 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 Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY A 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 N WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL E 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 1605 NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 604 VEH CD-VEH DEALER INSURANCE THIRD READING PASSED MAR 18, 1999 106 YEAS 8 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER N 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 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 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 N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER N 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 P 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 E PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG A PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
1606 JOURNAL OF THE [March 18, 1999] NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 39 SCH CD-FREEDOM OF EXPRESSION THIRD READING PASSED MAR 18, 1999 110 YEAS 5 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 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 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 N DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD Y DURKIN Y KRAUSE N 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
HOUSE OF REPRESENTATIVES 1607 NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1510 CORRECTIONAL NURSE PRIVATIZE THIRD READING PASSED MAR 18, 1999 116 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 E 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
1608 JOURNAL OF THE [March 18, 1999] NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 886 CRIM CD-CIV PRO-DISCOVERY DEPO THIRD READING PASSED MAR 18, 1999 115 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 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 E PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE P 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 1609 NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2281 PUB WTR DIST-TRUSTEE-COMPENSTN THIRD READING PASSED MAR 18, 1999 72 YEAS 43 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH N MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ N BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y 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 Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT N MOFFITT N SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER N 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 N NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING N DAVIS,STEVE N KLINGLER N PARKE P WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
1610 JOURNAL OF THE [March 18, 1999] NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 754 BUILDING INSPECTORS LICENSURE THIRD READING LOST MAR 18, 1999 29 YEAS 85 NAYS 2 PRESENT N ACEVEDO N FOWLER N LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ E RONEN N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT N LYONS,JOSEPH N RYDER N BIGGINS N GASH N MATHIAS N SAVIANO N BLACK N GIGLIO N MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE N SCHOENBERG N BOST N GRANBERG N McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY N BRADY N HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER N BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH N CAPPARELLI N HOFFMAN N MOORE N SOMMER N COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN N STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL P DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE P KENNER N PANKAU N WIRSING N DAVIS,STEVE N KLINGLER N PARKE N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD N DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN N LANG Y PUGH N ZICKUS N FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1611 NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 279 PROC CD-PERMANENT SUSPENSION THIRD READING PASSED MAR 18, 1999 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ E RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER 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 A 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 E 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
1612 JOURNAL OF THE [March 18, 1999] NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 649 INTERPRETER-DEFENDANT PAY THIRD READING PASSED MAR 18, 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 Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY A 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 E 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 1613 NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 189 INS COVER CAESARIAN SECTION THIRD READING PASSED MAR 18, 1999 92 YEAS 22 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y 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 Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO N MAUTINO N 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 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 N MOORE Y SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N 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 N JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY A JONES,JOHN Y O'BRIEN Y 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 N PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL E 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 N LEITCH E - Denotes Excused Absence
1614 JOURNAL OF THE [March 18, 1999] NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1120 INC TX-HOLOCAUST CLAIM CREDIT THIRD READING PASSED MAR 18, 1999 116 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 E 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 1615 NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1265 HLTH CARE TYING ARRANGEMENTS SECOND READING - AMENDMENT NO. 1 ADOPTED MAR 18, 1999 110 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 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 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 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 A 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 Y WIRSING Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL E 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
1616 JOURNAL OF THE [March 18, 1999] NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2315 WELFARE TO WORK ACT THIRD READING PASSED MAR 18, 1999 60 YEAS 56 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO P BLACK Y GIGLIO N MAUTINO N SCHMITZ Y BOLAND Y GILES N 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 N 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 N MOORE N SOMMER N COULSON N HOLBROOK Y 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 N 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 N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD N 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 1617 NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 210 STRUCTURAL WORK ACT OF 1999 THIRD READING PASSED VERIFIED ROLL CALL MAR 18, 1999 61 YEAS 53 NAYS 2 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS P SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE A 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 N 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 N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y 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 N 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 N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD N DURKIN N KRAUSE N POE Y YOUNGE P ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
1618 JOURNAL OF THE [March 18, 1999] NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2266 EQUAL PAY ACT OF 1999 THIRD READING PASSED MAR 18, 1999 115 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ Y 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 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 A 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 E 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 1619 NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2841 ACCESS TO DERMATOLOGISTS THIRD READING PASSED MAR 18, 1999 103 YEAS 11 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI Y FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO A BLACK Y GIGLIO N MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY 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 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 N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE A 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 N PANKAU Y WIRSING Y DAVIS,STEVE P KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL E PERSICO Y WOOLARD N 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
1620 JOURNAL OF THE [March 18, 1999] NO. 24 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1959 HUMAN SERVICES NEUTRALITY ACT THIRD READING PASSED MAR 18, 1999 69 YEAS 41 NAYS 7 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER N BASSI Y FRANKS Y LOPEZ P RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS P GASH N MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY P HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD P MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART P CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING Y DAVIS,STEVE Y KLINGLER N PARKE N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD P DURKIN N KRAUSE N POE Y YOUNGE P 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 1621 NO. 25 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1375 PREVAILING WAGE-NOTICES THIRD READING PASSED MAR 18, 1999 76 YEAS 38 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN A BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N 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 N HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y 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 N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE P JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU Y WIRSING Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD N DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ N LAWFER A REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
1622 JOURNAL OF THE [March 18, 1999] NO. 26 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1837 INTEREST-HIGHER CREDITORS RATE THIRD READING PASSED MAR 18, 1999 98 YEAS 18 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI P FRANKS N LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY N 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 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 Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN 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 N MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU N 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 N KLINGLER Y PARKE N WOJCIK Y DELGADO N KOSEL E PERSICO Y 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 Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1623 NO. 27 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2733 SCH CD-ST AID-LOCAL RESOURCES THIRD READING PASSED MAR 18, 1999 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ Y 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 E 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
1624 JOURNAL OF THE [March 18, 1999] NO. 28 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 999 INC TX-EDUCATION EXPENSE CR THIRD READING PASSED VERIFIED ROLL CALL MAR 18, 1999 74 YEAS 41 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER N BASSI N FRANKS Y LOPEZ N RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO P BLACK N GIGLIO N MAUTINO Y SCHMITZ Y BOLAND N GILES Y McAULIFFE N SCHOENBERG Y BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY N HAMOS Y McGUIRE N SCULLY Y BRADY N HANNIG Y McKEON N SHARP Y BROSNAHAN N HARRIS N MEYER Y SILVA N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE Y BURKE Y HOEFT N MOFFITT N SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER N COULSON Y HOLBROOK N MORROW Y STEPHENS Y COWLISHAW N HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN N MURPHY Y TENHOUSE N CROTTY N JOHNSON,TIM Y MYERS N TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN N CURRY Y JONES,JOHN N O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL Y DART A JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING N DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL E PERSICO N WOOLARD Y DURKIN Y KRAUSE Y POE N YOUNGE Y ERWIN N LANG N PUGH Y ZICKUS N FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1625 NO. 29 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 312 CHILD WELFARE LICENSE-DEEMED THIRD READING PASSED MAR 18, 1999 112 YEAS 3 NAYS 2 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ Y 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 N SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN 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 P 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 N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS P DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL E 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
1626 JOURNAL OF THE [March 18, 1999] NO. 30 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1325 MENTAL HLTH ADMIN-REPORTING THIRD READING PASSED MAR 18, 1999 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ Y 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 A JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL E 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 1627 NO. 31 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1954 MINIMUM WAGE-ANNUALLY ADJUSTED THIRD READING PASSED VERIFIED ROLL CALL MAR 18, 1999 63 YEAS 52 NAYS 2 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y 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 N MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI N 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 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 N 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 N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD P DURKIN N KRAUSE N POE Y YOUNGE P ERWIN Y LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
1628 JOURNAL OF THE [March 18, 1999] NO. 32 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 734 CD CORR-GANG CONTROL THIRD READING PASSED MAR 18, 1999 116 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI Y FRANKS Y LOPEZ Y 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 N WOJCIK Y DELGADO Y KOSEL E 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 1629 NO. 33 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1208 ED LABOR REL-EMPLOYEE-GRAD STU THIRD READING PASSED MAR 18, 1999 68 YEAS 47 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS Y SAVIANO N BLACK Y GIGLIO N MAUTINO N 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 N MEYER Y SILVA A BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI N HASSERT Y MITCHELL,JERRYY SLONE Y BURKE N HOEFT P 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 N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN N CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y 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 N WOJCIK Y DELGADO N KOSEL E PERSICO Y WOOLARD N 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

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