HOUSE OF REPRESENTATIVES 3587
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
46TH LEGISLATIVE DAY
THURSDAY, MAY 6, 1999
10:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Randy Ross of the Sidney United Church in
Sidney, Illinois.
Representative Durkin led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Steve Davis, Granberg and
Art Turner were 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 Poe, should be
recorded as present.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 13.
Amendment No. 1 to SENATE BILL 109.
Amendment No. 2 to SENATE BILL 149.
Amendment No. 1 to SENATE BILL 163.
Amendment No. 1 to SENATE BILL 215.
Amendment No. 1 to SENATE BILL 242.
Amendment No. 2 to SENATE BILL 288.
Amendment No. 1 to SENATE BILL 315.
Amendment No. 2 to SENATE BILL 331.
Amendment No. 1 to SENATE BILL 359.
3588 JOURNAL OF THE [May 6, 1999]
Amendment No. 2 to SENATE BILL 459.
Amendment No. 1 to SENATE BILL 680.
Amendment No. 1 to SENATE BILL 734.
Amendment No. 1 to SENATE BILL 741.
Amendment No. 1 to SENATE BILL 932.
Amendment No. 1 to SENATE BILL 937.
Amendment No. 2 to SENATE BILL 1015.
Amendment No. 2 to SENATE BILL 1024.
Amendment No. 2 to SENATE BILL 1054.
Amendment No. 1 to SENATE BILL 1055.
Amendment No. 1 to SENATE BILL 1088.
Amendment No. 1 to SENATE BILL 1116.
Amendment No. 1 to SENATE BILL 1117.
Amendment No. 1 to HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
NO. 4.
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 Tenhouse
Y Turner, Art (Lopez)
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 Appropriations-Higher Education: House Amendments 3
and House Amendment 4 to SENATE BILL 581. and
Committee on Executive: House Amendments 1 and House Amendment 2
to SENATE BILL 827.
Committee on Higher Education: House Amendments 1; House
Amendments 2 and House Amendment 3 to SENATE BILL 441.
Committee on Human Services: House Amendment 1 to SENATE BILL
321.
Committee on Judiciary II-Criminal Law: House Amendment 2 to
SENATE BILL 27.
Committee on State Government Administration: House Amendment 2
to SENATE BILL 1061.
Committee on Urban Revitilization: House Amendments 3; House
Amendments 4 and House Amendment 5 to SENATE BILL 1032.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for SENATE BILLS 656, as amended,
736, as amended and 805, as amended.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for SENATE BILLS 286,
as amended, 736, as amended and 1015, as amended.
HOME RULE IMPACT NOTES SUPPLIED
HOUSE OF REPRESENTATIVES 3589
Home Rule Impact Notes have been supplied for SENATE BILLS 286,
as amended, 736, as amended and 1015, 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 concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 1180
A bill for AN ACT in relation to solicitation by certain persons.
HOUSE BILL NO. 1182
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 17-2.
HOUSE BILL NO. 1224
A bill for AN ACT to amend the Civil Administrative Code of
Illinois by changing Section 55a.
HOUSE BILL NO. 1247
A bill for AN ACT to amend the Civil Administrative Code of
Illinois by adding Section 46.19k.
HOUSE BILL NO. 1298
A bill for AN ACT to amend the Adoption Act by changing Section
1.
HOUSE BILL NO. 1308
A bill for AN ACT to amend the Illinois Act on the Aging by
changing Section 4.02.
HOUSE BILL NO. 1353
A bill for AN ACT to amend the Public Community College Act by
changing Section 3-11.
HOUSE BILL NO. 1432
A bill for AN ACT concerning arrest reports.
HOUSE BILL NO. 1441
A bill for AN ACT concerning advertising by regulated
professionals, amending named Acts.
HOUSE BILL NO. 1469
A bill for AN ACT to amend the State Employees Group Insurance
Act of 1971 by changing Section 10.
HOUSE BILL NO. 1522
A bill for AN ACT concerning higher education, amending named
Acts.
HOUSE BILL NO. 1565
A bill for AN ACT to amend the Alcoholism and Other Drug Abuse
and Dependency Act by changing Section 50-20.
HOUSE BILL NO. 1570
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 110-10.
3590 JOURNAL OF THE [May 6, 1999]
HOUSE BILL NO. 1587
A bill for AN ACT to amend certain Acts in relation to workplace
injuries and diseases.
HOUSE BILL NO. 1645
A bill for AN ACT to amend the School Code by changing Section
10-11.
HOUSE BILL NO. 1678
A bill for AN ACT concerning taxes.
HOUSE BILL NO. 1693
A bill for AN ACT to amend the Property Tax Code by changing
Sections 14-20 and 16-75.
Passed by the Senate, May 6, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 1694
A bill for AN ACT to amend the Property Tax Code by changing
Sections 20-130 and 20-140.
HOUSE BILL NO. 1739
A bill for AN ACT to amend the Illinois Highway Code by changing
Section 5-701.7.
HOUSE BILL NO. 1742
A bill for AN ACT to amend the Uniform Disposition of Unclaimed
Property Act by changing Section 2.
HOUSE BILL NO. 1746
A bill for AN ACT to amend the State Finance Act by changing
Section 6z-32.
HOUSE BILL NO. 1764
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 16-1.
HOUSE BILL NO. 1771
A bill for AN ACT to amend the Wrongful Death Act by changing
Section 2.
HOUSE BILL NO. 1790
A bill for AN ACT to amend the Election Code by changing Section
10-6.
Passed by the Senate, May 6, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
HOUSE OF REPRESENTATIVES 3591
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1413
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 17-23.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1413.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1413 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by adding Article
16G."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Article 16G as follows:
(720 ILCS 5/Art. 16G heading new)
ARTICLE 16G
FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW
(720 ILCS 5/16G-1 new)
Sec. 16G-1. Short title. This Article may be cited as the
Financial Identity Theft and Asset Forfeiture Law.
(720 ILCS 5/16G-5 new)
Sec. 16G-5. Legislative declaration.
(a) It is the public policy of this State that the substantial
burden placed upon the economy of this State as a result of the
rising incidence of financial identity theft and the negative effect
of this crime on the People of this State and its victims is a matter
of grave concern to the People of this State who have the right to be
protected in their health, safety, and welfare from the effects of
this crime, and therefore financial identity theft shall be
identified and dealt with swiftly and appropriately considering the
onerous nature of the crime.
(b) The widespread availability and unauthorized access to
personal identification information have led and will lead to a
substantial increase in identity theft related crimes.
(720 ILCS 5/16G-10 new)
Sec. 16G-10. Definitions. In this Article unless the context
otherwise requires:
(a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card, a
public, government, or private employment identification card, a
social security card, a firearm owner's identification card, a credit
card, a debit card, or a passport issued to or on behalf of a person
other than the offender, or any such document made or altered in a
manner that it purports to have been made on behalf of or issued to
another person or by the authority of one who did not give that
authority.
(b) "Personal identifying information" means any of the
following information:
3592 JOURNAL OF THE [May 6, 1999]
(1) A person's name;
(2) A person's address;
(3) A person's telephone number;
(4) A person's drivers license number or State of Illinois
identification card as assigned by the Secretary of State of the
State of Illinois or a similar agency of another state;
(5) A person's Social Security number;
(6) A person's public, private, or government employer,
place of employment, or employment identification number;
(7) The maiden name of a person's mother;
(8) The number assigned to a person's depository account,
savings account, or brokerage account;
(9) The number assigned to a person's credit or debit card,
commonly known as a "Visa Card", "Master Card", "American Express
Card", "Discover Card", or other similar cards whether issued by
a financial institution, corporation, or business entity;
(10) Personal identification numbers;
(11) Electronic identification numbers;
(12) Digital signals;
(13) Any other numbers or information which can be used to
access a person's financial resources.
(720 ILCS 5/16G-15 new)
Sec. 16G-15. Financial identity theft.
(a) A person commits the offense of financial identity theft
when he or she knowingly uses any personal identifying information or
personal identification document of another person to obtain credit,
money, goods, services, or other property in the name of the other
person, without the written authorization of the other person and
knowingly representing that he or she is the other person or is
acting with the authorization of the other person.
(b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's identifying
information or document.
(c) When a charge of financial identity theft of credit, money,
goods, services, or other property exceeding a specified value is
brought the value of the credit, money, goods, services, or other
property is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Sentence.
(1) Financial identity theft of credit, money, goods,
services, or other property not exceeding $300 in value is a
Class A misdemeanor. A person who has been previously convicted
of financial identity theft of less than $300 who is convicted of
a second or subsequent offense of financial identity theft of
less than $300 is guilty of a Class 4 felony. A person who has
been convicted of financial identity theft of less than $300 who
has been previously convicted of any type of theft, robbery,
armed robbery, burglary, residential burglary, possession of
burglary tools, home invasion, home repair fraud, aggravated home
repair fraud, or financial exploitation of an elderly or disabled
person is guilty of a Class 4 felony. When a person has any such
prior conviction, the information or indictment charging that
person shall state the prior conviction so as to give notice of
the State's intention to treat the charge as a felony. The fact
of the prior conviction is not an element of the offense and may
not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during the trial.
(2) Financial identity theft of credit, money, goods,
services, or other property exceeding $300 and not exceeding
$2,000 in value is a Class 4 felony.
(3) Financial identity theft of credit, money, goods,
HOUSE OF REPRESENTATIVES 3593
services, or other property exceeding $2,000 and not exceeding
$10,000 in value is a Class 3 felony.
(4) Financial identity theft of credit, money, goods,
services, or other property exceeding $10,000 and not exceeding
$100,000 in value is a Class 2 felony.
(5) Financial identity theft of credit, money, goods,
services, or other property exceeding $100,000 in value is a
Class 1 felony.
(720 ILCS 5/16G-20 new)
Sec. 16G-20. Aggravated financial identity theft.
(a) A person commits the offense of aggravated financial
identity theft when he or she commits the offense of financial
identity theft as set forth in subsection (a) of Section 16G-15
against a person 60 years of age or older or a disabled person as
defined in Section 16-1.3 of this Code.
(b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's identifying
information or document.
(c) When a charge of aggravated financial identity theft of
credit, money, goods, services, or other property exceeding a
specified value is brought the value of the credit, money, goods,
services, or other property is an element of the offense to be
resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) A defense to aggravated financial identity theft does not
exist merely because the accused reasonably believed the victim to be
a person less than 60 years of age.
(e) Sentence.
(1) Aggravated financial identity theft of credit, money,
goods, services, or other property not exceeding $300 in value is
a Class 4 felony.
(2) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $300 and not
exceeding $10,000 in value is a Class 3 felony.
(3) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $10,000 in value and
not exceeding $100,000 in value is a Class 2 felony.
(4) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $100,000 in value is
a Class 1 felony.
(5) A person who has been previously convicted of
aggravated financial identity theft regardless of the value of
the property involved who is convicted of a second or subsequent
offense of aggravated financial identity theft regardless of the
value of the property involved is guilty of a Class X felony.
(720 ILCS 5/16G-25 new)
Sec. 16G-25. Offenders interest in the property. It is no defense
to a charge of aggravated financial identity theft or financial
identity theft that the offender has an interest in the credit,
money, goods, services, or other property obtained in the name of the
other person.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1413 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
3594 JOURNAL OF THE [May 6, 1999]
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1732
A bill for AN ACT to amend the Children's Health Insurance
Program Act by adding Section 22.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1732.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1732 on page 1, by replacing
lines 9 and 10 with the following:
"procedures to allow community providers and schools to assist in
enrolling children in the Program.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1732 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1759
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 12-3.2 and 12-30.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1759.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1759 by replacing everything
after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-3.2 and 12-30 as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he intentionally or
HOUSE OF REPRESENTATIVES 3595
knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member as
defined in subsection (3) of Section 112A-3 of the Code of
Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking
nature with any family or household member as defined in
subsection (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A Misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any prior
conviction under this Code for domestic battery (Section 12-3.2) or
violation of an order of protection (Section 12-30). Domestic battery
is a Class 4 felony if the defendant has any prior conviction under
this Code for aggravated battery (Section 12-4), stalking (Section
12-7.3), aggravated stalking (Section 12-7.4), unlawful restraint
(Section 10-3), or aggravated unlawful restraint (Section 10-3.1),
when any of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963. In addition to any other sentencing alternatives,
for any second conviction of violating this Section within 5 years of
a previous conviction for violating this Section, the offender shall
be mandatorily sentenced to a minimum of 48 consecutive hours of
imprisonment. The imprisonment shall not be subject to suspension,
nor shall the person be eligible for probation in order to reduce the
sentence.
(Source: P.A. 90-734, eff. 1-1-99.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection if:
(1) He or she commits an act which was prohibited by a
court or fails to commit an act which was ordered by a court in
violation of:
(i) a remedy in a valid order of protection authorized
under paragraphs (1), (2), (3), (14), or (14.5) of
subsection (b) of Section 214 of the Illinois Domestic
Violence Act of 1986,
(ii) a remedy, which is substantially similar to the
remedies authorized under paragraphs (1), (2), (3), (14) or
(14.5) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986, in a valid order of
protection, which is authorized under the laws of another
state, tribe or United States territory,
(iii) any other remedy when the act constitutes a
crime against the protected parties as the term protected
parties is defined in Section 112A-4 of the Code of Criminal
Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to the
Illinois Domestic Violence Act of 1986 or any substantially
similar statute of another state, tribe or United States
territory, or otherwise has acquired actual knowledge of the
contents of the order.
An order of protection issued by a state, tribal or territorial
court related to domestic or family violence shall be deemed valid if
the issuing court had jurisdiction over the parties and matter under
the law of the state, tribe or territory. There shall be a
presumption of validity where an order is certified and appears
authentic on its face.
(a-5) Failure to provide reasonable notice and opportunity to be
heard shall be an affirmative defense to any charge or process filed
seeking enforcement of a foreign order of protection.
3596 JOURNAL OF THE [May 6, 1999]
(b) For purposes of this Section, an "order of protection" may
have been issued in a criminal or civil proceeding.
(c) Nothing in this Section shall be construed to diminish the
inherent authority of the courts to enforce their lawful orders
through civil or criminal contempt proceedings.
(d) Violation of an order of protection under subsection (a) of
this Section is a Class A misdemeanor. Violation of an order of
protection under subsection (a) of this Section is a Class 4 felony
if the defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30). Violation of an order of protection is a
Class 4 felony if the defendant has any prior conviction under this
Code for aggravated battery (Section 12-4), stalking (Section
12-7.3), aggravated stalking (Section 12-7.4), unlawful restraint
(Section 10-3), or aggravated unlawful restraint (Section 10-3.1),
when any of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963. The court shall impose a minimum penalty of 24
hours imprisonment for defendant's second or subsequent violation of
any order of protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be manifestly
unjust. In addition to any other penalties, the court may order the
defendant to pay a fine as authorized under Section 5-9-1 of the
Unified Code of Corrections or to make restitution to the victim
under Section 5-5-6 of the Unified Code of Corrections. In addition
to any other penalties, including those imposed by Section 5-9-1.5 of
the Unified Code of Corrections, the court shall impose an additional
fine of $20 as authorized by Section 5-9-1.11 of the Unified Code of
Corrections upon any person convicted of or placed on supervision for
a violation of this Section. The additional fine shall be imposed
for each violation of this Section.
(e) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply to
actions taken under this Section.
(Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98; 90-734, eff.
1-1-99; revised 9-21-98.)
Section 99. Effective date. This Act takes effect October 1,
1999.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1759 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 1811
A bill for AN ACT to amend the School Code by changing Sections
13A-5 and 13A-6.
HOUSE BILL NO. 1858
A bill for AN ACT to amend the Code of Civil Procedure by
changing Section 8-1402.
HOUSE BILL NO. 1864
A bill for AN ACT concerning fees for death certificates,
amending named Acts.
HOUSE OF REPRESENTATIVES 3597
HOUSE BILL NO. 1874
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 3-808.1.
HOUSE BILL NO. 1942
A bill for AN ACT to amend the Abused and Neglected Long Term
Care Facility Residents Reporting Act by changing Section 6.2.
HOUSE BILL NO. 1953
A bill for AN ACT to amend the State Commemorative Dates Act by
adding Section 110.
HOUSE BILL NO. 1960
A bill for AN ACT to amend the Downstate Forest Preserve District
Act by changing Section 6.
HOUSE BILL NO. 1962
A bill for AN ACT concerning taxation.
HOUSE BILL NO. 1964
A bill for AN ACT in relation to juries, amending certain named
Acts.
HOUSE BILL NO. 2019
A bill for AN ACT to amend the Illinois Banking Act by changing
Sections 13, 17, and 39.
HOUSE BILL NO. 2026
A bill for AN ACT to amend the Emergency Medical Services (EMS)
Systems Act by changing Section 32.5.
HOUSE BILL NO. 2034
A bill for AN ACT to amend the Illinois Farm Development Act by
changing Sections 8, 12.1, 12.2, 12.4, and 12.5.
HOUSE BILL NO. 2044
A bill for AN ACT to amend the Fire Protection District Act by
changing Section 15.
HOUSE BILL NO. 2047
A bill for AN ACT to amend the Public Funds Investment Act by
changing Section 6.
Passed by the Senate, May 6, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1839
A bill for AN ACT to amend the Child Care Act of 1969 by changing
Section 4.3.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
3598 JOURNAL OF THE [May 6, 1999]
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1839.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1839, on page 2, lines 28 and
29, by deleting "or an employee of a foster family home"; and
on page 2, lines 30 and 31, by replacing "Department of Family
Services" with "Department of Children and Family Services".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1839 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1909
A bill for AN ACT in relation to wine, amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1909.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1909 on page 3, line 23, by
replacing "2009" with "2004"; and
on page 3, line 28, by replacing "2009" with "2004".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1909 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2013
A bill for AN ACT to amend the School Code by changing Section
30-16.3.
HOUSE OF REPRESENTATIVES 3599
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2013.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2013 on page 1, by replacing
lines 21 through 23 with the following:
"who have completed the prior scholastic courses in the university in
which the eligible recipient is to enroll in a Reserve Officer's
Training Corps program.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2013 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2020
A bill for AN ACT to amend the School Code by changing Section
7-2b and repealing Section 2-3.105a.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2020.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2020 as follows:
on page 1, line 12, after "district", by inserting "and 5% or less of
the territory of the district"; and
on page 1, line 23, after "district", by inserting "and 5% or less of
the territory of the district"; and
on page 2, line 7, after "value", by inserting "or more than 5% of
its territory"; and
on page 2, line 10, after "value", by inserting "or more than 5% of
the district's territory"; and
on page 2, line 12, after the period, by inserting the following:
"Notwithstanding any other provision of this Section, this paragraph
shall apply to any detachments effected pursuant to the provisions of
this Section as they existed prior to the effective date of this
amendatory Act of the 91st General Assembly."; and
on page 3, immediately below line 4, by inserting the following:
3600 JOURNAL OF THE [May 6, 1999]
"The changes made by this amendatory Act of the 91st General
Assembly shall not apply to petitions pending on the effective date
of this amendatory Act of the 91st General Assembly."; and
on page 3, immediately below line 8, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2020 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2194
A bill for AN ACT to amend the Public Accounting Act.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2194.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2194 on page 2, by replacing
lines 26 through 33 with the following:
"(a) An individual who has passed the Uniform CPA Examination
and who holds a valid, unrevoked license or permit to practice as a
public accountant from a state or United States territory in which he
or she resides or has his or her principal place of business, and who
does not reside or have his or her principal place of business in
this State, may practice public accounting within this State without
the need to obtain a license under this Act. Such practice shall be
conducted in accordance with the relevant provisions of this Act and
rules and regulations adopted hereunder. Licensed"; and
on page 3 by deleting lines 1 through 12; and
on page 3 by deleting lines 33 and 34; and
on page 4, by deleting lines 1 through 12; and
on page 7, by replacing lines 31 through 33 with the following:
"Sec. 14.2. Licensure by endorsement. The Department shall
issue a license as a public accountant to any applicant who holds a
valid unrevoked license or permit to practice as a public accountant
issued under the laws of any other state or territory of the United
States or the District of Columbia, provided:
(1) the individual applicant is determined by the
Department to possess personal qualifications substantially
equivalent to this State's current licensing requirements;
(2) at the time the applicant received his or her current
valid and unrevoked license or permit, the applicant possessed
qualifications substantially equivalent to the qualifications for
licensure then in effect in this State; or
HOUSE OF REPRESENTATIVES 3601
(3) the applicant has, after passing the examination upon
which his or her license or other permit to practice was based,
not less than 4 years of experience in the practice of public
accounting within the 10 years immediately before the
application."; and
by deleting page 8; and
on page 9, line 18, after "State" by inserting "or another state".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2194 was placed in the Committee on Rules.
REPORTS FROM STANDING COMMITTEES
Representative Younge, Chairperson, from the Committee on
Appropriations-Higher Education to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- SHORT DEBATE: SENATE BILLS 588 and 591.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- SHORT DEBATE: SENATE BILLS 371, 582,
583, 584, 585, 586, 587, 589 and 590.
The committee roll call vote on SENATE BILLS 582, 585, 586, 587,
588, 589, 590 and 591 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Younge, Chair Y Kosel
Y Cowlishaw Y Krause
Y Crotty Y Lopez
Y Erwin Y Myers, Richard, Spkpn
Y Howard Y Poe (Bost)
Y Jones, Shirley Y Silva
Y Wirsing
The committee roll call vote on SENATE BILLS 371, 583 and 584 is
as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Younge, Chair Y Kosel
A Cowlishaw Y Krause
Y Crotty Y Lopez
Y Erwin Y Myers, Richard, Spkpn
Y Howard Y Poe (Bost)
Y Jones, Shirley Y Silva
Y Wirsing
Representative Monique Davis, Chairperson, from the Committee on
Appropriations-Human Services to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- STANDARD DEBATE: SENATE BILL 632.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- SHORT DEBATE: SENATE BILLS 593, 594,
595 and 614.
The committee roll call vote on SENATE BILLS 593, 594, 595 and
614 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
3602 JOURNAL OF THE [May 6, 1999]
Y Davis, Monique, Chair A Leitch
Y Bellock Y McKeon
Y Feigenholtz Y Mulligan, Spkpn
Y Hamos Y Reitz
Y Hultgren Y Ronen
Y Saviano
The committee roll call vote on SENATE BILL 593 is as follows:
6, Yeas; 4, Nays; 0, Answering Present.
Y Davis, Monique, Chair A Leitch
N Bellock Y McKeon
Y Feigenholtz N Mulligan, Spkpn
Y Hamos Y Reitz
N Hultgren Y Ronen
N Saviano
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were
referred, action taken earlier today, and reported the same back with
the following recommendations:
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- SHORT DEBATE: SENATE BILL 556.
The committee roll call vote on SENATE BILL 556 is as follows:
15, Yeas; 1, Nays; 0, Answering Present.
Y Woolard, Chair A Johnson, Tom
Y Bassi Y Jones, John (Lawfer)
N Cowlishaw, Spkpn Y Krause
A Crotty Y Mitchell, Jerry
Y Curry, Julie A Moffitt
A Davis, Monique, Vice-Chair A Mulligan
Y Delgado A Murphy
Y Fowler Y O'Brien
Y Garrett (Erwin) A Persico
Y Giles Y Scully (Shirley Jones)
Y Hoeft Y Smith, Michael
Y Winkel
RECALLS
By unanimous consent, on motion of Representative Parke, SENATE
BILL 786 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative McKeon, SENATE BILL 1158 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
107, Yeas; 7, Nays; 0, Answering Present.
(ROLL CALL 2)
HOUSE OF REPRESENTATIVES 3603
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative McCarthy, SENATE BILL 110 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:
42, Yeas; 59, Nays; 11, Answering Present.
(ROLL CALL 3)
This bill, as amended, having failed to receive the votes of a
constitutional majority of the Members elected, was declared lost.
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Andrea Moore, SENATE BILL 536 was
taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Franks, SENATE BILL 469 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:
89, Yeas; 16, Nays; 9, 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.
ACTION ON MOTION
Pursuant to the motion submitted previously, Representative
O'Connor moved to reconsider the vote by which SENATE BILL 144 passed
the House earlier today.
112, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 6)
The motion prevailed.
Pursuant to the motion submitted previously, Representative
Currie moved to reconsider the vote by which SENATE BILL 1066 passed
the House on May 5, 1999.
90, Yeas; 19, Nays; 1, Answering Present.
(ROLL CALL 7)
The motion prevailed.
RECALLS
By unanimous consent, on motion of Representative McGuire, SENATE
BILL 667 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
3604 JOURNAL OF THE [May 6, 1999]
By unanimous consent, on motion of Representative Delgado, SENATE
BILL 79 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Lang, SENATE
BILL 849 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON SECOND READING
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading:
SENATE BILLS 150, 322, 498, 564, 575, 1067, 1071, 1121, 1130, 1198
and 1227.
SENATE BILL 13. Having been printed, was taken up and read by
title a second time.
Representative Currie offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO SENATE BILL 13
AMENDMENT NO. 1. Amend Senate Bill 13 as follows:
on page 1, lines 2 and 8, after "312," each time it appears, by
inserting "313,"; and
on page 2, line 1, by replacing "a written" with "an oral"; and
on page 2, line 2, by replacing "72 hours" with "7 days 72 hours";
and
on line 12, by replacing "72-hour" with "7-day 72-hour"; and
on page 9, after line 7, by inserting the following:
"(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the requirements of
Sections 308 and 312 and 316 except that the prescription for the
controlled substance shall be in writing on the patient's record,
signed by the prescriber, dated, and shall state the name, and
quantity of controlled substances ordered and the quantity actually
administered. The records of such prescriptions shall be maintained
for two years and shall be available for inspection by officers and
employees of the Department of State Police, and the Department of
Professional Regulation.
(b) Controlled substances that can lawfully be administered or
dispensed directly to a patient in a long-term care facility licensed
by the Department of Public Health as a skilled nursing facility,
intermediate care facility, or long-term care facility for residents
under 22 years of age, are exempt from the requirements of Sections
308 and 312 and 316. , except that a prescription for a Schedule II
controlled substance must be either a written prescription signed by
the prescriber or a written prescription transmitted by the
prescriber or prescriber's agent to the dispensing pharmacy by
facsimile. The facsimile serves as the original written prescription
and must be maintained for 2 years from the date of issue in the same
manner as a written prescription signed by the prescriber.
(c) (Blank). A prescription that is written for a Schedule II
controlled substance to be compounded for direct administration by
parenteral, intravenous, intramuscular, subcutaneous, or intraspinal
infusion to a patient in a private residence, long-term care
facility, or hospice setting may be transmitted by facsimile by the
prescriber or the prescriber's agent to the pharmacy providing the
HOUSE OF REPRESENTATIVES 3605
home infusion services.
(d) Controlled substances which are lawfully administered and/or
dispensed in drug abuse treatment programs licensed by the Department
shall be exempt from the requirements of Sections 308 and 312 and
316, except that the prescription for such controlled substances
shall be issued and authenticated on official prescription logs
prepared and supplied by the Department. The official prescription
logs issued by the Department shall be printed in triplicate on
distinctively marked paper and furnished to programs at reasonable
cost. The official prescription logs furnished to the programs shall
contain, in preprinted form, such information as the Department may
require. The official prescription logs shall be properly endorsed
by a physician licensed to practice medicine in all its branches
issuing the order, with his own signature and the date of ordering,
and further endorsed by the practitioner actually administering or
dispensing the dosage at the time of such administering or dispensing
in accordance with requirements issued by the Department. The
duplicate copy shall be retained by the program for a period of not
less than three years nor more than seven years; the original and
triplicate copy shall be returned to the Department at its principal
office in accordance with requirements set forth by the Department.
(Source: P.A. 89-202, eff. 10-1-95.)"; and
on lines 19 and 23 before "controlled" each time it appears, by
inserting "Schedule II"; and
on page 10, after line 8, by inserting the following:
"Schedule II controlled substances are exempt from the
requirements of this Section to the extent provided in Section 313.";
and
on page 17, after line 11, by inserting the following:
"Section 99. Effective date. This Act takes effect April 1,
2000.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 315. Having been read by title a second time on
April 20, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Reitz offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 315
AMENDMENT NO. 1. Amend Senate Bill 315 on page 5, by replacing
lines 7 through 12 with the following:
"In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner shall
report the death to the Department of State Police.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
3606 JOURNAL OF THE [May 6, 1999]
SENATE BILL 459. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 459
AMENDMENT NO. 1. Amend Senate Bill 459 as follows:
by replacing the title with the following:
"AN ACT to amend the Humane Care for Animals Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Humane Care for Animals Act is amended by
changing Section 16 and adding Sections 16.1 and 20 as follows:
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01, or 6 of
this Act or any rule, regulation, or order of the Department
pursuant thereto, is guilty of a Class C misdemeanor.
(b)(1) This subsection (b) does not apply where the only
animals involved in the violation are dogs.
(2) Any person convicted of violating subsection (a), (b),
(c) or (h) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto, is guilty of a Class
A misdemeanor.
(3) A second or subsequent offense involving the violation
of subsection (a), (b) or (c) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant thereto is
a Class 4 felony.
(4) Any person convicted of violating subsection (d), (e)
or (f) of Section 4.01 of this Act or any rule, regulation, or
order of the Department pursuant thereto, is guilty of a Class B
misdemeanor.
(5) Any person convicted of violating subsection (g) of
Section 4.01 of this Act or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection (a), (b)
or (c) of Section 4.01 of this Act or any rule, regulation or
order of the Department pursuant thereto is guilty of a Class 4
felony and may be fined an amount not to exceed $50,000.
(3) Any person convicted of violating subsection (d), (e)
or (f) of Section 4.01 of this Act or any rule, regulation or
order of the Department pursuant thereto is guilty of Class A
misdemeanor, if such person knew or should have known that the
device or equipment under subsection (d) or (e) of that Section
or the site, structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the only
animals involved were dogs. Where such person did not know or
should not reasonably have been expected to know that the only
animals involved in the violation were dogs, the penalty shall be
same as that provided for in paragraph (4) of subsection (b).
(4) Any person convicted of violating subsection (g) of
Section 4.01 of this Act or any rule, regulation or order of the
Department pursuant thereto is guilty of a Class C misdemeanor.
(5) A second or subsequent violation of subsection (a), (b)
or (c) of Section 4.01 of this Act or any rule, regulation or
order of the Department pursuant thereto is a Class 3 felony. A
second or subsequent violation of subsection (d), (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order of the
HOUSE OF REPRESENTATIVES 3607
Department adopted pursuant thereto is a Class 3 felony, if in
each violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that Section
or the site, structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the only
animals involved were dogs. Where such person did not know or
should not reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), (e) or (f) of Section
4.01 of this Act or any rule, regulation or order of the
Department adopted pursuant thereto is a Class A misdemeanor. A
second or subsequent violation of subsection (g) is a Class B
misdemeanor.
(6) Any person convicted of violating Section 3.01 of this
Act is guilty of a Class C misdemeanor. A second conviction for
a violation of Section 3.01 is a Class B misdemeanor. A third or
subsequent conviction for a violation of Section 3.01 is a Class
A misdemeanor.
(7) Any person convicted of violating Section 4.03 is
guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04 is
guilty of a Class A misdemeanor where the animal is not killed or
totally disabled, but if the animal is killed or totally disabled
such person shall be guilty of a Class 4 felony.
(8.5) A person convicted of violating subsection (a) of
Section 7.15 is guilty of a Class B misdemeanor. A person
convicted of violating subsection (b) or (c) of Section 7.15 is
(i) guilty of a Class A misdemeanor if the dog is not killed or
totally disabled and (ii) if the dog is killed or totally
disabled, guilty of a Class 4 felony and may be ordered by the
court to make restitution to the disabled person having custody
or ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other provision
of this Act, or any rule, regulation, or order of the Department
pursuant thereto, is guilty of a Class C misdemeanor with every
day that a violation continues constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is guilty of a
petty offense. A second or subsequent conviction for a violation of
Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is guilty of
a Class A misdemeanor. A second or subsequent conviction for a
violation of Section 3.02 is a Class 4 felony.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96; 90-14,
eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
(510 ILCS 70/16.1 new)
Sec. 16.1. Violator must pay costs of aggravated cruelty. In
addition to the other penalties, a person convicted of violating
Section 3.02 must pay all costs necessary to restore the animal to
good health, if injured, or to compensate the owner for the value of
the animal, if the animal was killed.
(510 ILCS 70/20 new)
Sec. 20. Civil right of action. Any person who has a right of
ownership in a companion animal which is subjected to an act of
aggravated cruelty in violation of Section 3.02 may bring a civil
action to recover the damages sustained by that owner. Damages may
include but are not limited to the monetary value of the animal,
veterinary expenses incurred on behalf of the animal, any other
expenses incurred by the owner in rectifying the effects of the
3608 JOURNAL OF THE [May 6, 1999]
cruelty, pain and suffering of the animal, and emotional distress
suffered by the owner. In addition to damages that may be proven,
the owner also is entitled to punitive or exemplary damages of not
less than $500 nor more than $25,000 for each act of aggravated
cruelty to which each animal of the owner was subjected. In
addition, the court shall award reasonable attorney's fees and costs
actually incurred by the owner in the prosecution of any action under
this Section. The remedies provided in this Section are in addition
to any other remedies allowed by law. In an action under this
Section, the court may enter any injunctive orders reasonably
necessary to protect animals from any further acts of cruelty or
harassment by a defendant. Trespass is not a defense to any action
under this Section.
The statute of limitations for a civil right of action for
aggravated cruelty shall be 2 years.
Section 99. Effective date. This Act takes effect January 1,
2000.".
Representative Lang offered the following amendment and moved its
adoption:
AMENDMENT NO. 2 TO SENATE BILL 459
AMENDMENT NO. 2. Amend Senate Bill 459, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
5, line 17, by replacing "owner" with "prevailing party"; and
on page 5, line 18, by deleting "the prosecution of".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 937. Having been printed, was taken up and read by
title a second time.
Representative Myers offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 937
AMENDMENT NO. 1. Amend Senate Bill 937 on page 2, line 16, after
the period, by inserting the following:
"However, nothing in this amendatory Act of the 91st General Assembly
authorizes a city or village to construct, maintain, alter, extend,
or operate its water mains or other equipment within the corporate
limits of another city or village if that other city or village has a
population over 500,000.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1117. Having been recalled on April 27, 1999, and
held on the order of Second Reading, the same was again taken up.
HOUSE OF REPRESENTATIVES 3609
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1117
AMENDMENT NO. 1. Amend Senate Bill 1117 as follows:
on page 9, line 22, by replacing "September" with "March September".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1024. Having been recalled on April 27, 1999, and
held on the order of Second Reading, the same was again taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
Representative Bugielski offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1024
AMENDMENT NO. 2. Amend Senate Bill 1024 on page 1, line 2, by
deleting "and adding Section 143.11b"; and
on page 1 by replacing lines 6 through 22 with the following:
"changing Sections 143.13 and 143.17 as follows:".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 149. 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 SENATE BILL 149
AMENDMENT NO. 1. Amend Senate Bill 149 on page 1, lines 2 and 6,
by replacing "Section 15.6" each time it appears with "Sections 6 and
15.6"; and
on page 1, by inserting below line 6 the following:
"(50 ILCS 750/6) (from Ch. 134, par. 36)
Sec. 6. Capabilities of system; pay telephones. All systems
shall be designed to meet the specific requirements of each community
and public agency served by the system. Every system, whether basic
or sophisticated, shall be designed to have the capability of
utilizing at least 1 of the methods specified in Sections 2.03
through 2.06, in response to emergency calls. The General Assembly
finds and declares that the most critical aspect of the design of any
system is the procedure established for handling a telephone request
for emergency services.
3610 JOURNAL OF THE [May 6, 1999]
In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall, within 3 years
after the implementation date or by December 31, 1985, whichever is
later, enable a caller to dial "9-1-1" for emergency services without
the necessity of inserting a coin. This paragraph does not apply to
pay telephones located in penal institutions, as defined in Section
2-14 of the Criminal Code of 1961, that have been designated for the
exclusive use of committed persons.
(Source: P.A. 85-978.)".
Representative Black offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 149
AMENDMENT NO. 2. Amend Senate Bill 149 on page 2, line 1, by
inserting ", but not be limited to," after "include"; and
on page 2, line 2, by inserting after "building." the following:
"Health care facilities are presumed to meet the requirements of this
paragraph if the facilities are staffed with medical or nursing
personnel 24 hours per day and if an alternative means of providing
information about the source of an emergency call exists.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 331. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 331
AMENDMENT NO. 1. Amend Senate Bill 331 on page 13, line 11,
after "dispute.", by inserting the following:
"A recipient may not use funds received under this Act to file an
individual action or class action under the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 and following) or
other labor laws.".
Representative Lindner offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 331
AMENDMENT NO. 2. Amend Senate Bill 331 on page 1, line 1, by
deleting "Assistance"; and
on page 1, line 14, by replacing "Assistance" with "Assistance"; and
on page 5, line 11, by deleting "or traffic"; and
by deleting all of pages 14 and 15; and
on page 16, by deleting lines 1 through 20.
The motion prevailed and the amendment was adopted and ordered
printed.
HOUSE OF REPRESENTATIVES 3611
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 163. Having been read by title a second time on May
5, 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 SENATE BILL 163
AMENDMENT NO. 1. Amend Senate Bill 163 as follows:
On page 3, below line 6, by inserting the following:
"Section 10. The Wildlife Code is amended by changing Section
3.8 as follows:
(520 ILCS 5/3.8) (from Ch. 61, par. 3.8)
Sec. 3.8. Migratory waterfowl areas; geese.
(a) On any property operated under a Migratory Waterfowl Hunting
Area Permit (Commercial) where the principal use is to take wild
geese, it is the permit holder's duty to ensure all of the following
but only during Canada goose season:
(1) That no person takes wild geese except from a blind or
pit.
(2) That no person establishes or uses any blind or pit for
the taking of wild geese within 200 yards of any other blind or
pit or within 100 yards of the boundary of the property on which
the blind or pit is located.
(3) That no person establishes or uses any blind or pit for
the taking of wild geese within 200 yards of any wildlife refuge
boundary or public road right-of-way adjacent to any State or
Federal waterfowl refuge. If a blind or pit has been
established for more than 10 years and it was believed by both
the landowner and the Department during that time to meet the
minimum yardage requirements of this paragraph (3), then the
blind or pit may remain in place even though a survey or other
evidence may indicate that the minimum yardage requirements are
not met.
(b) On any property where the principal use is to take wild
geese in Alexander, Franklin, Jackson, Jefferson, Union and
Williamson Counties, other than property operated under a Migratory
Waterfowl Hunting Area Permit (Commercial), all of the following
restrictions shall be observed but only during Canada goose season:
(1) No person may take wild geese except from a blind or
pit and it shall be illegal to take or attempt to take geese from
the base of standing timber except when immediately adjacent to
an open field.
(2) No person may establish or use a blind or pit within
100 yards of the boundary of the property on which the blind or
pit is located unless the minimum yardage requirement cannot be
met, in which case one pit or blind may be permitted only if
there is a minimum of 200 yards between that pit or blind and the
nearest pit or blind.
(3) No person may establish or use a blind or pit for the
taking of wild geese within 200 yards of any wildlife refuge
boundary or public road right-of-way adjacent to any State or
Federal waterfowl refuge. If a blind or pit has been
established for more than 10 years and it was believed by both
the landowner and the Department during that time to meet the
minimum yardage requirements of this paragraph (3), then the
3612 JOURNAL OF THE [May 6, 1999]
blind or pit may remain in place even though a survey or other
evidence may indicate that the minimum yardage requirements are
not met.
(4) No more than the number of persons allowed by
administrative rule may occupy or attempt to take wild geese from
any blind or pit at the same time.
(Source: P.A. 90-435, eff. 1-1-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 359. Having been printed, was taken up and read by
title a second time.
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 359
AMENDMENT NO. 1. Amend Senate Bill 359 on page 1, line 16, by
changing "Five" to "Nine"; and
on page 1 by inserting immediately below line 25 the following:
"(E) Four persons at the discretion of the Governor.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1054. Having been read by title a second time on May
4, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Bassi offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1054
AMENDMENT NO. 2. Amend Senate Bill 1054, AS AMENDED, as follows:
in Section 5, Sec. 21-27, subdivision (2), the sentence beginning
"This mentoring", by replacing ", (ii) developing awareness of the
standards of the National Board for Professional Teaching Standards
(NBPTS), and (iii) assisting NBPTS" with "and (ii) assisting National
Board for Professional Teaching Standards (NBPTS)"; and
in Section 5, Sec. 21-27, subdivision (2), the sentence beginning
"Credit", by replacing "on" with "during"; and
in Section 5, Sec. 21-27, subdivision (3), the sentence beginning "An
annual", by replacing "with a low-income pupil concentration level of
50% or greater" with "in which 50% or more of the students receive
free or reduced price lunches"; and
in Section 5, Sec. 21-27, subdivision (3), by deleting "For purposes
of this subdivision (3), the term "low-income pupil concentration
level" shall be the low income eligible pupil count form the most
recently available federal census."; and
in Section 5, Sec. 21-27, subdivision (3), the sentence beginning
HOUSE OF REPRESENTATIVES 3613
"Credit", by replacing "on" with "during".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 734. Having been printed, was taken up and read by
title a second time.
Representative Persico offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 734
AMENDMENT NO. 1. Amend Senate Bill 734, on page 2, line 11, page
4, line 20, page 5, line 8, and page 6, line 33, by inserting after
"units", each time it appears, the following:
"with individual unit legal descriptions based upon a recorded plat
of a subdivision"; and
on page 3, line 30 and page 5, line 32, by inserting after
"dwellings", each time it appears, the following:
"with individual unit legal descriptions based upon a recorded plat
of a subdivision".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 109. Having been recalled on April 29, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Righter offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 109
AMENDMENT NO. 1. Amend Senate Bill 109 on page 3, by replacing
lines 10 through 14 with the following:
"person to fraudulently obtain credit, money, goods, services, or
other property in the name of the other person.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 1107. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Mental
Health & Patient Abuse, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1107
3614 JOURNAL OF THE [May 6, 1999]
AMENDMENT NO. 1. Amend Senate Bill 1107 on page 1 by deleting
lines 23 and 24.
Floor Amendment No. 2 remained in the Committee on Rules.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 932. Having been recalled on April 28, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Meyer offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 932
AMENDMENT NO. 1. Amend Senate Bill 932 on page 2, by deleting
line 10.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
HOUSE JOINT RESOLUTIONS
CONSTITUTIONAL AMENDMENTS
SECOND READING
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 4, as amended,
was taken up, read in full a Second time.
Representative Boland offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 4
AMENDMENT NO. 1. Amend House Joint Resolution Constitutional
Amendment 4 on page 1, by replacing lines 15 through 26 with the
following:
"District. Immediately following each decennial redistricting, the
General Assembly by law shall divide the Legislative Districts as
equally as possible into two three groups. During each ten-year
period, beginning with the general election in 2002, Senators from
one group shall first be elected for terms of six years and then for
terms of four years, four years and two years; Senators from the
second group, for terms of four years, two years and four years; and
Senators from the other third group shall first be elected, for terms
of two years, four years and then for terms of six four years. The
Legislative Districts in each group shall be distributed
substantially equally over the State.".
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 resolution, as amended, was read in
full a first time and ordered transcribed, typed and held on the
HOUSE OF REPRESENTATIVES 3615
order of Second Reading.
SENATE BILLS ON SECOND READING
SENATE BILL 1055. Having been recalled on April 29, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1055
AMENDMENT NO. 1. Amend Senate Bill 1055 on page 1, line 17, by
replacing "Act" with "Act (1681 U.S.C. Section 1681 et seq.)"; and
on page 1 by replacing line 30 with the following:
"information."; and
on page 2 by replacing lines 1 and 2 with the following:
"If a personal check presented by a"; and
on page 2, line 6, by replacing "the consumer" with "the consumer as
required by the federal Fair Credit Reporting Act (15 U.S.C. Section
1681 et seq.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 1116. Having been printed, was taken up and read by
title a second time.
Representative Mulligan offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1116
AMENDMENT NO. 1. Amend Senate Bill 1116 on page 1, line 2, after
"11-6.2", by inserting "and repealing Section 9-12"; and
on page 5, immediately below line 21, by inserting the following:
"(305 ILCS 5/9-12 rep.)
Section 10. The Illinois Public Aid Code is amended by repealing
Section 9-12.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 242. Having been printed, was taken up and read by
title a second time.
Representative McKeon offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 242
AMENDMENT NO. 1. Amend Senate Bill 242 on page 1, lines 2 and 6,
3616 JOURNAL OF THE [May 6, 1999]
by replacing "18.2 and 18.5" each time it appears with "9.1, 18.2,
18.5, and 22"; and
on page 1, immediately below line 6, by inserting the following:
"(765 ILCS 605/9.1) (from Ch. 30, par. 309.1)
Sec. 9.1. (a) Other liens; attachment and satisfaction.
Subsequent to the recording of the declaration, no liens of any
nature shall be created or arise against any portion of the property
except against an individual unit or units. No labor performed or
materials furnished with the consent or at the request of a
particular unit owner shall be the basis for the filing of a
mechanics' lien claim against any other unit. If the performance of
the labor or furnishing of the materials is expressly authorized by
the board of managers, each unit owner shall be deemed to have
expressly authorized it and consented thereto, and shall be liable
for the payment of his unit's proportionate share of any due and
payable indebtedness as set forth in this Section.
Each mortgage and other lien, including mechanics liens, securing
a debt incurred in the development of the land submitted to the
provisions of this Act for the sale of units shall be subject to the
provisions of this Act, subsequent to the conveyance of a unit to the
purchaser.
In the event any lien exists against 2 or more units and the
indebtedness secured by such lien is due and payable, the unit owner
of any such unit so affected may remove such unit and the undivided
interest in the common elements appertaining thereto from such lien
by payment of the proportional amount of such indebtedness
attributable to such unit. In the event such lien exists against the
units or against the property, the amount of such proportional
payment shall be computed on the basis of the percentages set forth
in the declaration. Upon payment as herein provided, it is the duty
of the encumbrancer to execute and deliver to the unit owner a
release of such unit and the undivided interest in the common
elements appertaining thereto from such lien, except that such
proportional payment and release shall not prevent the encumbrancer
from proceeding to enforce his rights against any unit or interest
with respect to which such lien has not been so paid or released.
The owner of a unit shall not be liable for any claims, damages,
or judgments, including but not limited to State or local government
fees or fines, entered as a result of any action or inaction of the
board of managers of the association other than for mechanics' liens
as set forth in this Section. Unit owners other than the developer,
members of the board of managers other than the developer or
developer representatives, and the association of unit owners shall
not be liable for any claims, damages, or judgments, including but
not limited to State or local government fees or fines, entered as
result of any action or inaction of the developer other than for
mechanics' liens as set forth in this Section. Each unit owner's
liability for any judgment entered against the board of managers or
the association, if any, shall be limited to his proportionate share
of the indebtedness as set forth in this Section, whether collection
is sought through assessment or otherwise. A unit owner shall be
liable for any claim, damage or judgment entered as a result of the
use or operation of his unit, or caused by his own conduct. Before
conveying a unit, a developer shall record and or furnish purchaser
releases of all liens affecting that unit and its common element
interest which the purchaser does not expressly agree to take subject
to or assume, and or the developer shall provide a surety bond or
substitute collateral for or insurance against such liens for which a
release is not provided. After conveyance of such unit, no mechanics
lien shall be created against such unit or its common element
interest by reason of any subsequent contract by the developer to
HOUSE OF REPRESENTATIVES 3617
improve or make additions to the property.
Each mortgagee or other lienholder of the unit of a common
interest community or of a unit subject to the Condominium Property
Act shall provide an address to the unit owners' association at the
time the lien or mortgage is recorded at which address such unit
owners' association shall send notice to such mortgagee or lienholder
of any eminent domain proceeding to which the association thereafter
becomes a party. If the mortgagee or lienholder has not provided an
address for notice purposes to the association, then such notice
shall be sent to all mortgagees or lienholders which are named
insureds on the master policy of insurance which exists or may exist
on the common interest community or unit subject to the Condominium
Property Act.
(b) Board of Managers' standing and capacity.
The board of managers shall have standing and capacity to act in
a representative capacity in relation to matters involving the common
elements or more than one unit, on behalf of the unit owners, as
their interests may appear.
(Source: P.A. 86-826.)"; and
on page 18, immediately below line 16, by inserting the following:
"(765 ILCS 605/22) (from Ch. 30, par. 322)
Sec. 22. Full disclosure before sale. In relation to the initial
sale or offering for sale of any condominium unit, the seller must
make full disclosure of, and provide copies to the prospective buyer
of, the following information relative to the condominium project:
(a) the Declaration;
(b) the Bylaws of the association;
(c) a projected operating budget for the condominium unit to be
sold to the prospective buyer, including full details concerning the
estimated monthly payments for the condominium unit, estimated
monthly charges for maintenance or management of the condominium
property, and monthly charges for the use of recreational facilities;
and
(d) a floor plan of the apartment to be purchased by the
prospective buyer and the street address of the unit, if any, and if
the unit has no unique street address, the street address of the
project.
(e) in addition, any developer of a conversion condominium shall
include the following information:
(1) A specific statement of the amount of any initial or special
condominium fee due from the purchaser on or before settlement of the
purchase contract and the basis of such fee;
(2) Information, if available, on the actual expenditures made
on all repairs, maintenance, operation, or upkeep of the subject
building or buildings within the last 2 years, set forth tabularly
with the proposed budget of the condominium and cumulatively, broken
down on a per unit basis in proportion to the relative voting
strengths allocated to the units by the bylaws. If such building or
buildings have not been occupied for a period of 3 years then the
information shall be set forth for the last 2 year period such
building or buildings have been occupied;
(3) A description of any provisions made in the budget for
reserves for capital expenditures and an explanation of the basis for
such reserves, or, if no provision is made for such reserves, a
statement to that effect; and
(4) For developments of more than 6 units for which the notice
of intent to convert is issued after the effective date of this
amendatory Act of 1979, an engineer's report furnished by the
developer as to the present condition of all structural components
and major utility installations in the condominium, which statement
shall include the approximate dates of construction, installation,
3618 JOURNAL OF THE [May 6, 1999]
major repairs and the expected useful life of such items, together
with the estimated cost (in current dollars) of replacing such items;
and
(5) Any release, warranty, certificate of insurance, or surety
required by Section 9.1.
All of the information required by this Section which is
available at the time shall be furnished to the prospective buyer
before execution of the contract for sale. Thereafter, no changes or
amendments may be made in any of the items furnished to the
prospective buyer which would materially affect the rights of the
buyer or the value of the unit without obtaining the approval of at
least 75% of the buyers then owning interest in the condominium. If
all of the information is not available at the time of execution of
the contract for sale, then the contract shall be voidable at option
of the buyer at any time up until 5 days after the last item of
required information is furnished to the prospective buyer, or until
the closing of the sale, whichever is earlier. Failure on the part of
the seller to make full disclosure as required by this Section shall
entitle the buyer to rescind the contract for sale at any time before
the closing of the contract and to receive a refund of all deposit
moneys paid with interest thereon at the rate then in effect for
interest on judgments.
A sale is not an initial sale for the purposes of this Section if
there is not a bona fide transfer of the ownership and possession of
the condominium unit for the purpose of occupancy of such unit as the
result of the sale or if the sale was entered into for the purpose of
avoiding the requirements of this Section. The buyer in the first
bona fide sale of any condominium unit has the rights granted to
buyers under this Section. If the buyer in any sale of a condominium
unit asserts that such sale is the first bona fide sale of that unit,
the seller has the burden of proving that his interest was acquired
through a bona fide sale.
(Source: P.A. 81-897.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 741. Having been recalled on April 27, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Hartke offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 741
AMENDMENT NO. 1. Amend Senate Bill 741 on page 7, line 21, after
"(ii)," by inserting "(iii)"; and
on page 7, line 34, by replacing "(i)," with "(v)"; and
on page 8, line 1, by deleting "(ii), or (iv)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
HOUSE OF REPRESENTATIVES 3619
RECALLS
By unanimous consent, on motion of Representative Shirley Jones,
SENATE BILL 384 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 Shirley Jones,
SENATE BILL 385 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative O'Brien, SENATE BILL 202 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 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.
On motion of Representative Wojcik, SENATE BILL 168 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 1, Nays; 1, Answering Present.
(ROLL CALL 9)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Novak, SENATE BILL 1025 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Hartke, SENATE BILL 989 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:
70, Yeas; 35, Nays; 6, Answering Present.
(ROLL CALL 11)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RECALLS
3620 JOURNAL OF THE [May 6, 1999]
By unanimous consent, on motion of Representative Parke, SENATE
BILL 43 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Burke, SENATE BILL 487 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
100, Yeas; 14, Nays; 0, Answering Present.
(ROLL CALL 12)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Hoffman, SENATE BILL 412 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; 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.
SENATE BILLS ON SECOND READING
SENATE BILL 376. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 376
AMENDMENT NO. 1. Amend Senate Bill 376 on page 4, below line 32,
by inserting the following:
"For the purpose of permitting the issuance of warrants or notes
in anticipation of the taxes to be levied, a taxing district may hold
(on any date prior to the first week in December) a hearing on its
intent to adopt an aggregate levy. If the estimate of the aggregate
levy is more than the amount extended or estimated to be extended,
plus any amount abated by the corporate authority prior to the
extension, upon the final aggregate levy of the preceding year,
exclusive of election costs, notice of this hearing shall be given in
the same manner as provided in this Division 2.1. This earlier
hearing shall be in addition to, and not instead of, the mandatory
December hearing, but may be conducted in conjunction with a regular
meeting of the taxing district.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
HOUSE OF REPRESENTATIVES 3621
SENATE BILL 452. 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 SENATE BILL 452
AMENDMENT NO. 1. Amend Senate Bill 452 by replacing the title
with the following:
"AN ACT to amend the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993."; and
on page 1, line 8, by replacing "Section 80" with "Sections 5, 30,
77, 80, 150, and 155"; and
on page 1, immediately below line 8, by inserting the following:
"(225 ILCS 446/5)
Sec. 5. Definitions. In this Act:
"Armed employee" means a licensee or a person who is currently
employed by an agency certified under this Act who is armed while
engaged in the performance of official duties within the course and
scope of his or her employment or exclusively employed by an employer
during the hours or times he or she is scheduled to work for that
employer, or is commuting between his or her home and place of
employment, provided the commuting is accomplished within one hour
from departure from home or place of employment, and there exists an
employer/employee relationship, whose full or part-time duties
include the wearing, carrying or possessing of a firearm in the
performance of those duties.
"Board" means the Illinois Private Detective, Private Alarm,
Private Security, and Locksmith Board.
"Department" means the Illinois Department of Professional
Regulation.
"Director" means the Director of the Department of Professional
Regulation.
"Person" means a natural person.
"Private alarm contractor" means any person who engages in a
business that sells, installs, monitors, maintains, alters, repairs,
replaces, services, or responds to alarm systems, including fire
alarm systems, at protected premises or at premises to be protected
on an emergency basis and not as a full-time security guard; but does
not include a person, firm, or corporation that manufactures or sells
alarm systems only from its place of business and does not sell,
install, monitor, maintain, alter, repair, replace, service, or
respond to alarm systems at protected premises or premises to be
protected or a licensed electrical contractor who repairs or services
fire alarm systems on an "emergency call-in basis", or who sells,
installs, maintains, alters, and repairs, or services fire alarm
systems.
"Private alarm contractor agency" means any person, firm,
association, or corporation that engages in the private alarm
contractor business and employs one or more persons in conducting the
business.
"Private detective" means any person who by any means, including
but not limited to manual or electronic methods, engages in the
business of, accepts employment to furnish, or agrees to make or
makes investigations for fees or other valuable consideration to
obtain information with reference to:
(1) Crime or wrongs done or threatened against the United
States or any state or territory of the United States.
(2) The identity, habits, conduct, business occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
3622 JOURNAL OF THE [May 6, 1999]
efficiency, loyalty, activity, movements, whereabouts,
affiliations, associations, transactions, acts, reputation, or
character of any person, firm, association, or corporation, by
any means, manually or electronically.
(3) The location, disposition, or recovery of lost or
stolen property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to real or personal property.
(5) The truth or falsity of any statement or
representation.
(6) Securing evidence to be used before any court, board,
officer, or investigating committee.
(7) Personal protection of individuals from bodily harm or
death (bodyguard functions).
(8) Service of process in criminal and civil proceedings
without court order.
"Private detective agency" means any person, firm, association,
or corporation that engages in the private detective business and
employs one or more persons in conducting the business.
"Private security contractor" means any person who engages in the
business of providing a private guard, watchman, patrol service, or
any like service by any other title or name on a contractual basis
for another person, firm, association, or corporation for a fee or
other valuable consideration and performing one or more of the
following functions:
(1) The prevention or detection of intrusion, entry, theft,
vandalism, abuse, fire, or trespass on private or governmental
property.
(2) The prevention, observation, or detection of any
unauthorized activity on private or governmental property.
(3) The protection of patrons and persons lawfully
authorized to be on the premises of the person, firm,
association, or corporation for whom he or she contractually is
obligated to provide security services.
(4) The prevention of the misappropriation or concealment
of goods, money, bonds, stocks, notes, valuable documents, or
papers.
(5) The control, regulation, or direction of the flow or
movement of the public, whether by vehicle or otherwise, only to
the extent and for the time directly and specifically required to
assure the protection of property on property owned or controlled
by the client.
(6) The protection of individuals from bodily harm or death
(bodyguard functions).
"Private security contractor agency" means any person, firm,
association, or corporation that engages in the private security
contractor business and that employs one or more persons in
conducting the business.
"Locksmith" means a person who has received a license under this
Act and who engages in the practice of locksmithing as defined in
this Act.
"Locksmith agency" means any person, firm, association, or
corporation that engages in the locksmith business and that employs
one or more persons in conducting the business.
"The practice of locksmithing" includes, but is not limited to,
the servicing, installing, originating first keys, re-coding,
manipulation, or bypassing of mechanical or electronic locking
devices at premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
"Public member" means a person who is not a licensee or a
relative of a licensee, or who is not an employer or an employee of a
HOUSE OF REPRESENTATIVES 3623
licensee. The term "relative" shall be determined by rules of the
Department.
"In charge" means the individual licensee whose name and license
number appear on a certificate of registration for a detective,
private security contractor, private alarm contractor, or locksmith
agency is a full-time executive employee or owner who assumes full
responsibility for all employees of the agency and for their directed
actions, and assumes full responsibility for maintaining all records
required by this Act or rule of the Department and is responsible for
otherwise assuring compliance with this Act. Records shall be
maintained at a location in Illinois and the address of the location
filed with the Department and accessible to Department
representatives in accordance with Section 115 of this Act. This
does not relieve any person, firm, association, or corporation
licensed as an agency under this Act from also assuming full
responsibility for compliance with this Act. It is the
responsibility of the licensee in charge to notify the Department, in
writing within 10 days, when the licensee terminates his or her in
charge relationship with an agency.
"Permanent employee registration card" means a card issued by the
Department to an individual who has applied to the Department and has
been found to be employable by an agency certified under this Act.
"Firearm authorization card" means a card issued by the
Department that authorizes the holder to carry a weapon during the
performance of his or her duties as specified under Section 180 of
this Act.
"Burglar alarm system" means any system, including an electronic
access system or other electronic security system, that activates an
audible, visible, or remote signal that requires a response and is
designed for the prevention or detection of intrusion, entry, theft,
vandalism, or trespass.
"Fire alarm system" means any system that is activated by any
automatic or manual device in the detection of smoke, heat, or fire
that activates an audible, visible, or remote signal that requires
response.
"Branch office" means any business location removed from the
place of business for which an agency license has been issued.
"Armed proprietary security force" means any security force made
up of 5 or more armed individuals employed in a commercial or
industrial operation; one or more armed individuals employed in a
financial operation as security guards for the protection of persons;
or one or more armed individuals employed for the protection of
private property related to a commercial, industrial, or financial
operation.
"Association" means 2 or more persons joined together for a
business purpose.
"Firm" means any unincorporated business entity or enterprise,
including but not limited to proprietorships and partnerships.
"Corporation" means any artificial person or legal entity created
by or under the authority of the laws of a state.
(Source: P.A. 88-363; 89-366, eff. 1-1-96.)
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States, this
State, or any political subdivision of either while the officer
or employee is engaged in the performance of his or her official
duties within the course and scope of his or her employment with
the United States, this State, or any political subdivision of
either. However, any person who offers his or her services as a
private detective or private security contractor, or any title
3624 JOURNAL OF THE [May 6, 1999]
when similar services are performed for compensation, fee, or
other valuable consideration, whether received directly or
indirectly, is subject to this Act and its licensing
requirements.
(2) An attorney-at-law licensed to practice in Illinois
while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial rating
or credit worthiness of persons; and a person who provides
consumer reports in connection with:
(i) Credit transactions involving the consumer on whom
the information is to be furnished and involving the
extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of insurance
involving the consumer.
(4) Insurance adjusters legally employed or under contract
as adjusters and who engage in no other investigative activities
other than those directly connected with adjustment of claims
against an insurance company or self-insured by which they are
employed or with which they have a contract. No insurance
adjuster or company may utilize the term "investigation" or any
derivative thereof in its company name or in its advertising
other than for the handling of insurance claims.
For the purposes of this Code, "insurance adjuster" includes
any person expressly authorized to act on behalf of an insurance
company or self-insured and any employee thereof who acts or
appears to act on behalf of the insurance company or self-insured
in matters relating to claims, including but not limited to
independent contractors while performing claim services at the
direction of the company.
(5) A person engaged exclusively and employed by a person,
firm, association, or corporation in the business of transporting
persons or property in interstate commerce and making an
investigation related to the business of that employer.
(6) Any person, watchman, or guard employed exclusively and
regularly by one employer in connection with the affairs of that
employer only and there exists an employer/employee relationship.
(7) Any law enforcement officer, as defined in the Illinois
Police Training Act, who has successfully completed the
requirements of basic law enforcement and firearms training as
prescribed by the Illinois Law Enforcement Training Standards
Board, employed by an employer in connection with the affairs of
that employer, provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled to work
for that employer, and there exists an employer and employee
relationship.
In this subsection an "employee" is a person who is employed
by an employer who has the right to control and direct the
employee who performs the services in question, not only as to
the result to be accomplished by the work, but also as to the
details and means by which the result is to be accomplished; and
an "employer" is any person or entity, with the exception of a
private detective, private detective agency, private security
contractor, private security contractor agency, private alarm
contractor, or private alarm contractor agency, whose purpose it
is to hire persons to perform the business of a private
detective, private detective agency, private security contractor,
private security contractor agency, private alarm contractor, or
private alarm contractor agency.
(8) A person who sells burglar alarm systems and does not
HOUSE OF REPRESENTATIVES 3625
install, monitor, maintain, alter, repair, service, or respond to
burglar alarm systems at protected premises or premises to be
protected, provided:
(i) The burglar alarm systems are approved either
by Underwriters Laboratories or another authoritative
source recognized by the Department and are identified
by a federally registered trademark.
(ii) The owner of the trademark has expressly
authorized the person to sell the trademark owner's
products, and the person provides proof of this
authorization upon the request of the Department.
(iii) The owner of the trademark maintains, and
provides upon the Department's request, a certificate
evidencing insurance for bodily injury or property
damage arising from faulty or defective products in an
amount not less than $1,000,000 combined single limit;
provided that the policy of insurance need not relate
exclusively to burglar alarm systems.
(9) A person who sells, installs, maintains, or repairs
automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely and
exclusively in tracing and compiling lineage or ancestry.
(b) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long as they
do not hold themselves out to the public as locksmiths.
(B) Police, fire, or other municipal employees from opening
a lock in a life-threatening situation, when the location of a
vehicle creates a danger to the public, or when a diligent effort
has been made to contact a licensed locksmith who can provide the
service in a timely manner as determined by the police, fire, or
other municipal employee, who shall take into consideration the
health and safety of the occupants of the vehicle an emergency
situation, as long as they do not hold themselves out to the
public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic garage door
devices or from selling locks or similar security accessories not
prohibited from sale by the State of Illinois, as long as they do
not hold themselves out to the public as locksmiths.
(D) The installation or removal of complete locks or
locking devices by members of the building trades when doing so
in the course of residential or commercial new construction or
remodeling, as long as they do not hold themselves out to the
public as locksmiths.
(E) The employees of towing services, repossessors, or auto
clubs from opening automotive locks in the normal course of their
duties, as long as they do not hold themselves out to the public
as locksmiths. Additionally, this Act shall not prohibit
employees of towing services from opening motor vehicle locks to
enable a vehicle to be moved without towing, provided that the
towing service does not hold itself out to the public, by yellow
page advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a locksmith.
(F) The practice of locksmithing by students in the course
of study in programs approved by the Department, provided that
the students do not hold themselves out to the public as
locksmiths.
(G) Servicing, installing, repairing, or rebuilding locks
by a lock manufacturer or anyone employed by a lock manufacturer,
3626 JOURNAL OF THE [May 6, 1999]
as long as they do not hold themselves out to the public as
locksmiths.
(H) The provision of any of the products or services in the
practice of locksmithing as identified in Section 5 of this Act
by a business licensed by the State of Illinois as a private
alarm contractor or private alarm contractor agency, as long as
the principal purpose of the services provided to a customer is
not the practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property management
company at a multi-family residential building from servicing,
installing, repairing, or opening locks for tenants as long as
the maintenance employee does not hold himself or herself out to
the public as a locksmith.
(J) A person, firm, or corporation from engaging in fire
protection engineering, including the design, testing, and
inspection of fire protection systems.
(K) The practice of professional engineering as defined in
the Professional Engineering Practice Act of 1989.
(L) The practice of structural engineering as defined in
the Structural Engineering Licensing Act of 1989.
(M) The practice of architecture as defined in the Illinois
Architecture Practice Act of 1989.
(N) The activities of persons or firms licensed under the
Illinois Public Accounting Act if performed in the course of
their professional practice.
(c) This Act does not prohibit any persons legally regulated in
this State under any other Act from engaging in the practice for
which they are licensed, provided that they do not represent
themselves by any title prohibited by this Act.
(Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98; 90-633, eff.
7-24-98.)
(225 ILCS 446/77)
Sec. 77. Necessity for licensure of locksmith agencies;
grandfather provision.
(a) On or after January 1, 1997, no person shall practice as a
locksmith and no business entity shall operate as a locksmith agency
without first applying for and obtaining a license for that purpose
from the Department.
(b) Applications must be accompanied by the required fee.
(c) In lieu of the examination given to other applicants for
licensure, the Director may issue a license to an individual who
presents proof to the Director that he or she was actively engaged as
a locksmith or as a supervisor, manager, or administrator of a
locksmith business for 3 years out of the 5 years immediately
preceding January 1, 1996 and meets all other requirements of this
Act.
(d) The application for a license without examination shall be
made to the Director within 2 years after the effective date of this
amendatory Act of 1995.
(e) (Blank). A person who applies for licensure under this
Section between September 1, 1998 and September 30, 1998 shall be
exempt from subsection (d) of this Section and shall be issued a
license upon proof of meeting all other requirements for licensure
under this Section.
(f) Notwithstanding subsection (d), a person who meets the
requirements of subsection (c) may receive a license without
examination if he or she applies to the Director within 180 days
after the effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)"; and
HOUSE OF REPRESENTATIVES 3627
on page 7, immediately below line 16, by inserting the following:
"(225 ILCS 446/150)
Sec. 150. Cease and desist orders. Whenever the Department has
reason to believe that a person, firm, association, or corporation
has violated any provision of Section 15 of this Act, the Department
may issue a rule to show cause why an order to cease and desist
should not be entered against that person, firm, association, or
corporation. The rule shall clearly set forth the grounds relied upon
by the Department and shall provide a period of 7 days from the date
of the rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall cause
an order to cease and desist to be issued immediately. The Department
may conduct hearings and issue cease and desist orders to persons who
engage in activities prohibited by this Act. Any person in violation
of a cease and desist order entered by the Department is subject to
all of the remedies provided by law and, in addition, is subject to a
civil penalty payable to the party injured by the violation.
(Source: P.A. 88-363.)
(225 ILCS 446/155)
Sec. 155. Penalties.
(a) In addition to any other penalty provided by law, any
person, firm, association, or corporation who violates Section 15 of
this Act or any other provision of this Act shall forfeit and pay a
civil penalty to the Department in an amount not to exceed $5,000 for
each offense as determined by the Department. The civil penalty
shall be assessed by the Department in accordance with the provisions
set forth in Sections 130, 135, 140, 160 and 170.
(b) The Department has the authority and power to investigate
any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The order
shall constitute a judgment and may be filed and execution had
thereon in the same manner as any judgment from any court of record.
(Source: P.A. 88-363.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 480. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 480
AMENDMENT NO. 1. Amend Senate Bill 480 on page 1, line 30 by
changing "$20" to "$25"; and
on page 2, line 2 by changing "50" to "75"; and
on page 2, line 3 by inserting "and actual shipping costs" after
"microfilm"; and
on page 3, line 3 by changing "$20" to "$25"; and
on page 3, line 4 by changing "50" to "75"; and
on page 3, line 5 by inserting "and actual shipping costs" after
"microfilm"; and
on page 3, line 32 by changing "$20" to "$25"; and
on page 4, line 1 by changing "50" to "75"; and
on page 4, line 1 by inserting "and actual shipping costs" after
"microfilm".
3628 JOURNAL OF THE [May 6, 1999]
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 646. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Human
Services, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 646
AMENDMENT NO. 1. Amend Senate Bill 646 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is
amended by adding Sections 13.5, 13.9, 13.10, 13.15, 13.20,13.25,
13.30, 13.35, 13.40, 13.45, 13.50, 13.55, 13.60, 13.65, 13.70, 13.75,
and 13.80 as follows:
(20 ILCS 3960/13.5 new)
Sec. 13.5. Health care cooperative agreements. The General
Assembly finds that the goals of controlling health care costs and
improving the quality of and access to health care services will be
significantly enhanced by cooperative arrangements involving
providers that would be prohibited by State and federal antitrust
laws if undertaken without governmental involvement. The purpose of
Sections 13.5 through 13.80 is to substitute regulation for
competition by creating an opportunity for the State to review
proposed arrangements and to approve them under certain prescribed
conditions and circumstances when an arrangement is likely to result
in lower costs, or greater access or improved quality, than would
otherwise occur in the competitive health care marketplace. The
General Assembly intends that approval of relationships be
accompanied by appropriate conditions, supervision, and regulation to
protect against private abuses of economic power, and that an
arrangement or relationship approved by the State Board and
accompanied by appropriate conditions, supervision, and regulation
shall not be subject to State or federal antitrust liability. The
General Assembly finds that the market for health care services is
extremely diverse in Illinois. Some parts of Illinois are national
destinations for tertiary health care services and receive patients
from throughout the United States and the Western Hemisphere. Other
regions of Illinois have extraordinary rates of outmigration, with
residents traveling hundreds of miles, often out-of-state, for care.
Providing health care close to home is medically useful to a
patient's recovery, because visits of families and friends can
improve a patient's psycho-social capacity to cope with disease.
Providing incentives to increase quality care in areas without it is
desirable.
(20 ILCS 3960/13.9 new)
Sec. 13.9 Regional application. The provisions of this law shall
apply to any region in Illinois where the following healthcare
conditions exist:
(1) in any area of at least 25 contiguous counties
containing at least 20 facilities licensed under the Hospital
Licensing Act; and
(2) where during the calendar year preceding the effective
date of this amendatory Act of the 91st General Assembly, no
health care facility has been approved or received a permit to
establish neo-natal intensive care, open-heart surgery, level-one
trauma, or organ transplantation; and
(3) where at least 50% of residents receiving open-heart
HOUSE OF REPRESENTATIVES 3629
surgery procedures at Illinois hospitals must travel at least 75
miles; and
(4) where no Illinois university with a medical school has a
primary medical school campus within 100 miles of the most
distant point in the region.
(20 ILCS 3960/13.10 new)
Sec. 13.10. Definitions. For the purposes of Sections 13.5
through 13.80, these terms are defined as follows:
"Access" means the financial, temporal, and geographic
availability of health care to individuals who need it.
"Applicant" means the party or parties to a cooperative agreement
for which a permit from the State Board is sought under Sections 13.5
through 13.80.
"Cooperative Agreement" means an agreement among 2 or more health
care providers for the sharing, allocation, or referral of patients,
personnel, instructional programs, support services, or facilities or
medical, diagnostic, or laboratory facilities or procedures or other
services customarily offered by health care providers or for any
other purpose authorized by the Illinois Health Facilities Planning
Act, including mergers, consolidations, or other acquisitions. Only
the following categories of cooperative agreements shall be eligible
for the anti-trust exemption and immunity conferred under Sections
13.5 through 13.80 of this Act: (1) agreements among 2 or more
hospitals, provided that the county medical society of each hospital
is also a party to the agreement; (2) agreements between or among
physicians, provided that one or more hospitals is also a party to or
third-party beneficiary of the agreement; and (3) multiple agreements
between or among classes of providers, provided that such agreements
are related to the provision of health care services which is the
subject of an agreement between or among 2 or more hospitals or that
one or more hospitals is a third-party beneficiary to such
agreements.
"Cost" or "cost of health care" means the amount paid by
consumers or third-party payers for health care services or products.
"Criteria" means the cost, access, and quality of health care.
"Health care products or services" means products sold or
tertiary care services and such other primary, secondary, or other
health care services designed to facilitate the provision of tertiary
care rendered by a health care provider within the scope of its
license.
"Health care provider" or "provider" means any person licensed
by the State under: the Medical Practice Act of 1987; the Nursing and
Advanced Practice Nursing Act; the Respiratory Care Practice Act;
the Illinois Dental Practice Act; the Illinois Occupational Therapy
Practice Act; the Illinois Physical Therapy Act; the Hospital
Licensing Act; the Nursing Home Care Act; or the Ambulatory Surgical
Treatment Center Act.
"Person" means an individual, legal entity or affiliate.
"State Board" means the Illinois Health Facilities Planning
Board.
"Permitholder" means the party or parties to a cooperative
agreement for which a permit from the State Board has been approved
under Sections 13.5 through 13.80.
"Tertiary care" means the class of health care services for the
evaluation, diagnosis, and advanced treatment of any disease. This
includes but is not limited to congenital anomalies, medical and
surgical conditions, psychiatric diagnosis, both normal and abnormal
aging processes, and trauma induced conditions.
(20 ILCS 3960/13.15 new)
Sec. 13.15. Health care cooperative agreements and goals.
Acting by their boards of directors or boards of trustees or as
3630 JOURNAL OF THE [May 6, 1999]
individuals, 2 or more health care providers may enter into a
cooperative agreement concerning the allocation of health care
equipment or health care services among those health care providers
that shall be designed to achieve one or more of the following goals:
(1) Reducing health care costs for consumers.
(2) Improving access to health care services in Illinois.
(3) Improving the quality of patient care in Illinois.
(20 ILCS 3960/13.20 new)
Sec. 13.20. Approval of health care cooperative agreements.
(a) Health care providers seeking to implement a cooperative
agreement that might be construed to be a violation of State or
federal antitrust laws but which is in the best interest of the State
and furthers the policies and goals of this Act may apply for a
permit from the State Board as provided in this Section. This permit
shall be in addition to any permit or exemption required under any
other provisions of this Act. Nothing in this Act shall be construed
as requiring a health care provider to obtain approval from the State
Board of any cooperative agreement. The decision to seek State Board
approval of a cooperative agreement shall be in the sole discretion
of the health care providers. No cooperative agreement between
health care providers implemented without first obtaining approval
from the State Board as provided in this Section shall be eligible
for any protection or immunity created by Section 13.65.
(b) Applications for a permit shall be in a form prescribed by
the State Board but shall contain at least the following:
(1) a descriptive title;
(2) a table of contents;
(3) names of each party to the application and the address
of the principal business office of each party;
(4) the name, address, and telephone number of the persons
authorized to receive notices and communications with respect to
the application;
(5) a verified statement by a responsible officer of each
party to the application attesting to the accuracy and
completeness of the enclosed information;
(6) background information relating to the proposed
agreement, including:
(A) a description of the proposed agreement, including
a list of any health care equipment or health care services
that are subject of the proposed agreement;
(B) an identification of any tangential equipment or
services associated with the equipment or services that are
the subject of the proposed agreement;
(C) a description of the geographic territory involved
in the proposed arrangement;
(D) if the geographic territory described in item is
different from the territory in which the applicants have
engaged in the type of business at issue over the last 5
years, a description of how and why the geographic territory
differs;
(E) identification of all equipment or services that a
substantial share of consumers would consider substitutes
for an equipment or service that is the subject of the
proposed agreement;
(F) identification of whether any equipment or services
of the proposed agreement are currently being offered,
capable of being offered, utilized, or capable of being
utilized by other providers or purchasers in the geographic
territory described in item (C);
(G) identification of the steps necessary, under
current market and regulatory conditions, for other parties
HOUSE OF REPRESENTATIVES 3631
to enter the territory described in item (C) and compete
with the applicant;
(H) a description of the previous history of dealings
between the parties to the application;
(I) a detailed explanation of the projected effects,
including expected volume, change in price, and increased
revenue, of the agreement on each party's current
businesses, both generally and the aspects of the business
directly involved in the proposed agreement;
(J) the present market share of the parties to the
application and of others affected by the proposed agreement
and projected market shares after implementation of the
proposed agreement;
(K) a statement of why the projected levels of cost,
access, or quality could not be achieved in the existing
market without the proposed agreement;
(L) an explanation of how the agreement relates to any
Illinois healthcare plans for delivery of health care; and
(M) a statement of any consideration received or to be
received by any party under the proposed agreement;
(7) a detailed explanation or implementation plan that
states how and when the cooperative action identified in the
agreement will meet one or more of the goals specified in Section
13.15, including how the cooperative action will affect costs,
access, and quality. The explanation must address the factors in
subsections (b), (c), and (d) of Section 13.35 to the extent
applicable;
(8) an explanation of the impact the agreement is likely to
have directly on the State, including the cost of State employee
health care, Medicaid costs, and workers compensation costs;
(9) a copy of the proposed agreement; and
(10) a fee determined by the State Board, but in an amount
sufficient to cover the cost of processing applications and the
cost of periodic reviews and supervision of the implementation of
cooperative agreements under Section 13.5.
(c) In addition to the information required in subsection (b),
the application must contain a written description of the proposed
agreement for purposes of publication in the Illinois Register. The
notice must include sufficient information to advise the public of
the nature of the proposed arrangement and to enable the public to
provide meaningful comments concerning the expected results of the
agreement. The notice must also state that any person may provide
written comments to the State Board, with a copy to the applicant,
within 20 days after the notice's publication. The State Board shall
approve the notice before publication. If the State Board determines
that the submitted notice does not provide sufficient information,
the State Board may amend the notice before publication and may
consult with the applicant in preparing the amended notice. The
State Board shall not publish an amended notice without the
applicant's approval.
(d) For a proposed agreement involving multiple parties, one
joint application must be submitted on behalf of all parties to the
agreement.
(e) Trade secret information, as defined in the Freedom of
Information Act, shall be protected to the extent required under that
Act.
(f) State Board's authority to refuse to review.
(1) If the State Board determines that an application is
unclear, incomplete, or provides an insufficient basis on which
to base a decision, the State Board may return the application.
The applicant may complete or revise the application and resubmit
3632 JOURNAL OF THE [May 6, 1999]
it.
(2) The State Board may decline to review any application
relating to arrangements already in effect before the submission
of the application. However, the State Board shall review any
application if the review is expressly provided for in a
settlement agreement entered into before the enactment of this
Section by the applicant and the Attorney General.
(g) Upon the showing of good cause, the State Board may extend
any of the time limits stated in Sections 13.5 through 13.80 at the
request of the applicant or the Attorney General.
(h) No application for permit to implement a cooperative
agreement shall be accepted by the State Board under Sections 13.5
through 13.80 of this Act after June 30, 2001.
(20 ILCS 3960/13.25 new)
Sec. 13.25. Notice and comment.
(a) The State Board shall cause the notice described in
subsection (c) of Section 13.20 to be published in the Illinois
Register. The State Board may send a copy of the notice to any
person together with a request that the person comment as provided
under subsection (b). Copies of the request must be provided to the
applicant.
(b) Within 20 days after the notice is published, any person may
mail to the State Board written comments with respect to the
application. Persons submitting comments shall provide a copy of the
comments to the applicant. The applicant may mail to the State Board
written responses to any comments within 10 days after the deadline
for mailing such comments. The applicant shall send a copy of the
response to the person submitting the comment.
(20 ILCS 3960/13.30 new)
Sec. 13.30. Attorney General; review; recommendation.
(a) Upon receipt of an application for permit to implement a
cooperative agreement, the State Board shall submit the application
to the Attorney General for review. The Attorney General may review
the application and may recommend to the State Board, in writing, the
approval or denial of the application. If the Attorney General
recommends to the State Board the denial of an application, the
Attorney General shall state the reasons for that recommendation.
(b) The State Board shall consider any recommendation by the
Attorney General in deciding whether to approve or deny the
application.
(20 ILCS 3960/13.35 new)
Sec. 13.35. Criteria for issuance of permit.
(a) The State Board may issue a permit to implement a cooperative
agreement if the State Board determines that the applicant has
demonstrated by clear and convincing evidence that:
(1) one or more of the goals specified in Section 13.15 are
more likely to be met by implementing the proposed cooperative
agreement than would otherwise occur under existing market
conditions or conditions likely to develop without an exemption
or immunity from State and federal antitrust law; and
(2) that the benefits resulting from the agreement are
likely to outweigh the disadvantages that may result from the
agreement, and that predatory pricing will not occur. In the
event that a proposed arrangement appears likely to improve one
or more of the criteria at the expense of another one or more of
the criteria, the State Board shall consider whether the proposed
arrangement, taken as a whole, is likely to substantially further
the purposes of this Act. In making such a determination, the
State Board may employ a cost-benefit analysis.
(3) In making a determination about cost, access, and
quality, the State Board may consider the following factors, to
HOUSE OF REPRESENTATIVES 3633
the extent relevant:
(A) whether the proposal is compatible with cost
containment or plans of the State Board.
(B) market structure:
(i) actual and potential sellers and buyers or
providers and purchasers;
(ii) actual and potential consumers;
(iii) geographic market area;
(iv) new delivery mechanisms; and
(v) entry conditions;
(C) current market conditions;
(D) the historical behavior of the market;
(E) performance of other similar arrangements;
(F) whether the proposal unnecessarily restrains
competition or restrains competition in ways not reasonably
related to the purposes of this Act;
(G) whether competition as it currently exists in the
market is likely to produce better results in terms of cost,
access and quality; and
(H) the financial condition of the applicant.
(b) The State Board's analysis of cost must focus on the
individual consumer of health care. Cost savings to be realized by
providers, health carriers, group purchasers, or other participants
in the health care system, are relevant only to the extent that the
savings are likely to be passed on to the consumer. Where an
application is submitted by providers who are paid primarily by third
party payers unaffiliated with the applicant, however, it is
sufficient for the applicant to show that cost savings are likely to
be passed on to the unaffiliated third party payers; the applicants
do not have the burden of proving that third party payers with whom
the applicants are not affiliated will pass on cost savings to
individuals receiving coverage through the third party payers. In
making determinations as to costs, the State Board may consider,
among others:
(1) the cost savings likely to result to the applicant;
(2) the extent to which the cost savings are likely to be
passed on to the consumer and in what form;
(3) the extent to which the proposed arrangement is likely
to result in cost shifting by the applicant on to other payers or
purchasers of other products or services;
(4) the extent to which the cost shifting by the applicant
is likely to be followed by other persons in the market;
(5) the current and anticipated supply and demand for any
products or services at issue;
(6) the representations and guarantees of the applicant and
their enforceability;
(7) likely effectiveness of regulation by the State Board;
(8) inferences to be drawn from market structure;
(9) the cost of regulation, both for the State and for the
applicant; and
(10) any other factors tending to show that the proposed
arrangement is or is not likely to reduce cost.
(c) In making determinations as to access, the State Board may
consider, among others:
(1) the extent to which the utilization of needed health
care services or products by the intended targeted population is
likely to increase or decrease; when a proposed arrangement is
likely to increase access in one geographic area, by lowering
prices or otherwise expanding supply, but limits access in
another geographic area by removing service capabilities from
that second area, the State Board shall articulate the criteria
3634 JOURNAL OF THE [May 6, 1999]
employed to balance these effects;
(2) the extent to which the proposed arrangement is likely
to make available a new and needed service or product to a
certain geographic area; and
(3) the extent to which the proposed arrangement is likely
to otherwise make healthcare services or products more
financially or geographically available to persons who need them.
If the State Board determines that the proposed arrangement is
likely to increase access and bases that determination on a
projected increase in utilization, the State Board shall also
determine and make a specific finding that the increase in
utilization does not reflect overutilization.
(d) In making determinations as to quality, the State Board may
consider, among others, the extent to which the proposed arrangement
is likely to:
(1) decrease morbidity and mortality;
(2) result in faster convalescence;
(3) result in fewer hospital days;
(4) permit providers to attain needed experience or
frequency of treatment, likely to lead to better outcomes;
(5) increase patient satisfaction;
(6) results in modern health care facilities; and
(7) have any other features likely to improve or reduce the
quality of health care.
(20 ILCS 3960/13.40 new)
Sec. 13.40. Decision.
(a) The State Board shall issue a written decision approving or
denying the application for permit. The State Board may condition
approval on a modification of all or part of the proposed arrangement
to eliminate any restriction on competition that is not reasonably
related to the goals of reducing cost or improving access or quality.
The State Board may also establish conditions for approval that are
reasonably necessary to protect consumers against predatory pricing,
insufficient competition, or other abuses of private economic power
and to ensure that the arrangement is appropriately supervised and
regulated by the State.
(b) The State Board's decision shall make specific findings of
fact concerning the cost, access, and quality criteria and identify
one or more of those criteria as the basis for the decision.
(c) A decision approving an application for permit shall require
the submission of specific data and reports concerning the
implementation of the agreement, including how the agreement is
accomplishing its goals, data relating to cost, access, and quality,
and to the extent feasible, identify objective standards of cost,
access, and quality by which the success of the arrangement will be
measured. If the State Board determines that the scope of a
particular proposed arrangement is such that the arrangement is
certain to have neither a positive or negative impact on one or 2 of
the criteria, however, the State Board's decision need not require
the submission of data or establish an objective standard relating to
those criteria. The submission of the data and reports shall be
required at least annually. The Attorney General shall receive
copies of any reports received by the State Board.
(20 ILCS 3960/13.45 new)
Sec. 13.45. Appeal. The decision of the State Board to approve
or deny a permit to implement a cooperative agreement is subject to
the provisions of the Administrative Review Law.
(20 ILCS 3960/13.50 new)
Sec. 13.50. Supervision after approval.
(a) The State Board shall supervise, monitor, and regulate
approved agreements.
HOUSE OF REPRESENTATIVES 3635
(b) The State Board shall review data submitted periodically by
the permit holder. The permit issued by the State Board shall set
forth the time schedule for the submission of data, which shall be at
least once a year. The permit shall identify the data that must be
submitted, although the State Board may subsequently require the
submission of additional data or alter the time schedule. Upon
review of the data submitted, the State Board shall notify the
permitholder of whether the agreement or its implementation is in
compliance with the permit. If the agreement or its implementation
is not in compliance with the permit, the State Board shall identify
those respects in which the agreement or its implementation does not
conform to the permit. The State Board may require the submission of
information from any other market participant. A permit holder
receiving notification that an agreement or its implementation is not
in compliance has 30 days in which to respond with additional data.
The response may include a proposal and a time schedule by which the
permitholder will bring the agreement or its implementation into
compliance with the permit. If the agreement or its implementation
is not in compliance and the State Board and the permitholder cannot
agree to the terms for bringing the agreement or its implementation
into compliance, the matter shall be set for a hearing before a
hearing officer appointed by the State Board. The hearing shall be
held in accordance with the provisions of Section 10 of this Act. The
State Board shall publish notice in the Illinois Register 2 years
after the date of issuance of a permit approving an application, and
at 2 year intervals thereafter, soliciting comments from the public
concerning the impact that the agreement or its implementation has
had on cost, access, and quality. The State Board may request
additional oral or written information from the permitholder or from
any other source.
(c) The State Board shall utilize the results of its market
supervision activities in determining whether to approve new entry
under Section 6 of the Act. If the State Board determines that new
entry would be beneficial, it shall publish such notice in the
Illinois Register.
(20 ILCS 3960/13.55 new)
Sec. 13.55 Revocation.
(a) The State Board may revoke a permit to implement a
cooperative agreement if it finds by clear and convincing evidence
that:
(1) Any of the following circumstances exist:
(A) the agreement or its implementation is not in
substantial compliance with the terms of the application;
(B) the agreement or its implementation is not in
substantial compliance with the conditions of approval;
(C) the agreement has not and is not likely to
substantially achieve the improvements in cost, access, or
quality identified in the permit as the basis for The State
Board approval of the agreement;
(D) the benefits resulting from the agreement do not
outweigh the disadvantages attributable to any reduction in
competition;
(E) the conditions in the market place have changed to
such an extent that competition would promote reductions in
cost and improvements in access and quality better than does
the agreement at issue; in order to revoke on the basis that
conditions in the marketplace have changed, the State Board
shall identify specific changes in the marketplace and
articulate why those changes warrant revocation;
(F) the parties to the agreement fail to submit
periodic progress reports requested by the State Board;
3636 JOURNAL OF THE [May 6, 1999]
(G) materially misleading information was submitted in
the application; or
(H) the parties have failed to implement the agreement
with due diligence; and
(2) The parties to the agreement have failed to provide
reasonable proposals for alternatives to revocation and have
rejected modifications to or restructuring of the agreement
identified by the State Board pursuant to subsection(d)of this
Section.
(b) If a party to an agreement that is the subject of a permit
seeks to terminate its participation in the agreement, the party
shall file a notice of termination with the State Board at least 30
days prior to the proposed effective date of the termination. Upon
receipt of a notice of termination, The State Board may institute
revocation proceedings. If all parties seek to terminate the
agreement, the parties shall file a notice of termination at least 30
days prior to the proposed effective date of the termination. The
notice shall include the reasons for the termination and shall
demonstrate compliance with all applicable permit conditions.
(c) The State Board shall begin a proceeding to revoke a permit
to implement a cooperative agreement by providing written notice to
the permitholder describing in detail the basis for the proposed
revocation. Notice of the proceeding must be published in the
Illinois Register. The notice must invite the submission of comments
to the State Board.
(d) In deciding whether to revoke a permit to implement a
cooperative agreement, the State Board shall take into account the
hardship that the revocation may impose on the applicant and any
potential disruption of the market as a whole. The State Board shall
not revoke an approval if the agreement can be modified,
restructured, or regulated so as to remedy the problem upon which the
revocation proceeding is based. The permit holder may submit
proposals for alternatives to revocation. Before approving an
alternative to revocation that involves modifying or restructuring an
agreement, the State Board shall publish notice in the Illinois
Register that any person may comment on the proposed modification or
restructuring within 20 days after publication of the notice. The
State Board shall not approve the modification or restructuring until
the comment period has concluded. An approved modified or
restructured agreement is subject to supervision under Section 13.50.
(e) The permit holder cannot be held liable under State or
federal antitrust law for acts that occurred while the permit was in
effect, except to the extent that the permitholder failed to
substantially comply with the terms of the permit. The permitholder
is fully subject to State and federal antitrust law after the
revocation becomes effective and may be held liable for acts that
occur after the revocation.
(20 ILCS 3960/13.60 new)
Sec. 13.60. Recordkeeping. The State Board shall maintain a
file of all arrangements for which approval orders are issued and
that remain in effect.
(20 ILCS 3960/13.65 new)
Sec. 13.65. Antitrust exemption. Health care provider
cooperative agreements; antitrust exemption.
(a) Neither this subsection nor any other provision of this Act
is intended to confer, and does not confer, authority to engage in
agreements, tacit, implied, or express, which are not submitted to
the State Board for approval if those agreements are in violation of
State or federal antitrust laws. Conduct seemingly pursuant to
provisions of this law done without the good faith intention to
accomplish an agreement approved by the State Board is not entitled
HOUSE OF REPRESENTATIVES 3637
to the protections and immunities of this Section.
(b) It is the intent of Sections 13.5 through 13.80 to require
the State, through the State Board and the Attorney General, to
provide direction, supervision, and control over cooperative
agreements approved under Section 13.35. To achieve the goals
specified in Section 13.15, this State direction, supervision, and
control will provide immunity from any civil or criminal liability
under the Illinois Antitrust Act and State-action immunity under
federal antitrust laws to (i) health care providers, their governing
board members, and their officers, agents, and employees who take
authorized actions to implement a cooperative agreement approved
under Section 13.35 and (ii) health care providers' governing board
members who participate in discussions or negotiations concerning the
allocation of health care equipment or health care services as
authorized under Section 13.15.
(20 ILCS 3960/13.70 new)
Sec. 13.70. Health care cooperative agreements; Attorney General
action. The Attorney General shall have all the powers necessary or
convenient for the representation and protection of the public
interest in all proceedings under Section 13.5 through 13.80,
including without limitation, the right to intervene as a party or
otherwise participate in any proceeding under those Sections.
Nothing in Sections 13.5 through 13.80 shall limit the authority of
the Attorney General to initiate an action to enforce the civil or
criminal liability provisions of the Illinois Antitrust Act if the
Attorney General determines that a health care provider, the members
of its governing board, or its officers, agents, or employees have
exceeded the scope of the actions authorized under those Sections.
(20 ILCS 3960/13.75 new)
Sec. 13.75. Rulemaking. The State Board shall adopt rules for
the operation of this Act under the Illinois Administrative Procedure
Act. The General Assembly finds that the current healthcare
situation constitutes an emergency for purposes of the Illinois
Administrative Procedure Act. Therefore, the State Board may
implement the provisions of Sections 13.5 through 13.80 by emergency
rulemaking under the Illinois Administrative Procedure Act.
(20 ILCS 3960/13.80 new)
Sec. 13.80. Investigations. The State Board, at any time after
an application is filed or approved under Sections 13.5 through
13.80, may require by subpoena the attendance and testimony of
witnesses and the production of documents for the purpose of
investigating whether the cooperative agreement satisfies the
standards set forth in Sections 13.5 through 13.80. The State Board
may seek a court order compelling compliance with a subpoena issued
under this Section.
Section 10. The Illinois Antitrust Act is amended by changing
Section 5 as follows:
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5. No provisions of this Act shall be construed to make
illegal:
(1) the activities of any labor organization or of individual
members thereof which are directed solely to labor objectives which
are legitimate under the laws of either the State of Illinois or the
United States;
(2) the activities of any agricultural or horticultural
cooperative organization, whether incorporated or unincorporated, or
of individual members thereof, which are directed solely to
objectives of such cooperative organizations which are legitimate
under the laws of either the State of Illinois or the United States;
(3) the activities of any public utility, as defined in Section
3-105 of the Public Utilities Act to the extent that such activities
3638 JOURNAL OF THE [May 6, 1999]
are subject to a clearly articulated and affirmatively expressed
State policy to replace competition with regulation, where the
conduct to be exempted is actively supervised by the State itself;
(4) The activities of a telecommunications carrier, as defined
in Section 13-202 of the Public Utilities Act, to the extent those
activities relate to the provision of noncompetitive
telecommunications services under the Public Utilities Act and are
subject to the jurisdiction of the Illinois Commerce Commission or to
the activities of telephone mutual concerns referred to in Section
13-202 of the Public Utilities Act to the extent those activities
relate to the provision and maintenance of telephone service to
owners and customers;
(5) the activities (including, but not limited to, the making of
or participating in joint underwriting or joint reinsurance
arrangement) of any insurer, insurance agent, insurance broker,
independent insurance adjuster or rating organization to the extent
that such activities are subject to regulation by the Director of
Insurance of this State under, or are permitted or are authorized by,
the Insurance Code or any other law of this State;
(6) the religious and charitable activities of any
not-for-profit corporation, trust or organization established
exclusively for religious or charitable purposes, or for both
purposes;
(7) the activities of any not-for-profit corporation organized
to provide telephone service on a mutual or co-operative basis or
electrification on a co-operative basis, to the extent such
activities relate to the marketing and distribution of telephone or
electrical service to owners and customers;
(8) the activities engaged in by securities dealers who are (i)
licensed by the State of Illinois or (ii) members of the National
Association of Securities Dealers or (iii) members of any National
Securities Exchange registered with the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as amended, in
the course of their business of offering, selling, buying and
selling, or otherwise trading in or underwriting securities, as
agent, broker, or principal, and activities of any National
Securities Exchange so registered, including the establishment of
commission rates and schedules of charges;
(9) the activities of any board of trade designated as a
"contract market" by the Secretary of Agriculture of the United
States pursuant to Section 5 of the Commodity Exchange Act, as
amended;
(10) the activities of any motor carrier, rail carrier, or
common carrier by pipeline, as defined in the Common Carrier by
Pipeline Law of the Public Utilities Act, to the extent that such
activities are permitted or authorized by the Act or are subject to
regulation by the Illinois Commerce Commission;
(11) the activities of any state or national bank to the extent
that such activities are regulated or supervised by officers of the
state or federal government under the banking laws of this State or
the United States;
(12) the activities of any state or federal savings and loan
association to the extent that such activities are regulated or
supervised by officers of the state or federal government under the
savings and loan laws of this State or the United States;
(13) the activities of any bona fide not-for-profit association,
society or board, of attorneys, practitioners of medicine,
architects, engineers, land surveyors or real estate brokers licensed
and regulated by an agency of the State of Illinois, in recommending
schedules of suggested fees, rates or commissions for use solely as
guidelines in determining charges for professional and technical
HOUSE OF REPRESENTATIVES 3639
services;
(14) Conduct involving trade or commerce (other than import
trade or import commerce) with foreign nations unless:
(a) such conduct has a direct, substantial, and reasonably
foreseeable effect:
(i) on trade or commerce which is not trade or
commerce with foreign nations, or on import trade or import
commerce with foreign nations; or
(ii) on export trade or export commerce with foreign
nations of a person engaged in such trade or commerce in the
United States; and
(b) such effect gives rise to a claim under the provisions
of this Act, other than this subsection (14).
(c) If this Act applies to conduct referred to in this
subsection (14) only because of the provisions of paragraph
(a)(ii), then this Act shall apply to such conduct only for
injury to export business in the United States which affects this
State; or
(15) the activities of a unit of local government or school
district and the activities of the employees, agents and officers of
a unit of local government or school district; or
(16) the activities of a health care provider and the activities
of its governing board members and its officers, agents, and
employees in discussing, negotiating, entering into, or implementing
a cooperative agreement concerning the allocation of health care
equipment or health care services resulting in one or more proposals
or agreements that are approved by the State Board, or if submitted
to the State Board might reasonably have been approved, as authorized
under Sections 13.5 through 13.80 of the Illinois Health Facilities
Planning Act.
(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 648. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 648
AMENDMENT NO. 1. Amend Senate Bill 648 as follows:
on page 16, line 9, by replacing "65%" with "70%"; and
on page 16, line 11, by replacing "and 35%" with "50%"; and
on page 16, line 13, after "term", by inserting ", and 25% of the per
capita funding paid to the charter school during the fourth year of
its initial term"; and
on page 16, line 22, after the period, by inserting "Transition
impact aid shall be paid beginning in the 1999-2000 school year for
charter schools that are in the first, second, or third year of their
initial term."; and
on page 17, line 24, after the period, by inserting "The State Board
may use up to 3% of the appropriation to contract with a non-profit
entity to administer the loan program."; and
on page 20, immediately below line 15, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
3640 JOURNAL OF THE [May 6, 1999]
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was held on the order of Second
Reading.
SENATE BILL 668. Having been printed, was taken up and read by
title a second time.
Floor Amendments numbered 1 and 2 remained in the Committee on
Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
SENATE BILL 1171. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1171
AMENDMENT NO. 1. Amend Senate Bill 1171 on page 10, line 25, by
replacing "both" with "all both"; and
on page 10, line 27, by replacing "notice" with "Notice to
Remediate"; and
on page 11, below line 12, by inserting the following:
"(3) Cause to be recorded the Notice to Remediate mailed
under paragraph (1) in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate is
registered under the Registered Title (Torrens) Act."; and
on page 12, by replacing lines 16 through 19 with "repair, enclosure,
or removal within 180 days after the repair, demolition, enclosure,
or removal occurred,"; and
on page 12, line 24, by replacing "Act." with "Act; this lien has
priority over the interests of those parties named in the Notice to
Remediate mailed under paragraph (1), but not over the interests of
third party purchasers or encumbrancers for value who obtained their
interests in the property before obtaining actual or constructive
notice of the lien.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Bassi, SENATE BILL 1054 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 14)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
HOUSE OF REPRESENTATIVES 3641
On motion of Representative McKeon, SENATE BILL 242 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, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Acevedo, SENATE BILL 504 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.
On motion of Representative Hartke, SENATE BILL 741 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Bugielski, SENATE BILL 1024 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Winters, SENATE BILL 1117 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 19)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Currie, SENATE BILL 1055 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 20)
This bill, as amended, having received the votes of a
3642 JOURNAL OF THE [May 6, 1999]
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Schoenberg, SENATE BILL 1033 was
taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
104, Yeas; 10, Nays; 1, Answering Present.
(ROLL CALL 21)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative McGuire, SENATE
BILL 667 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
AGREED RESOLUTIONS
HOUSE RESOLUTIONS 250, 251, 252, 253, 254, 257, 258, 259, 260,
261, 262, 263 and HOUSE JOINT RESOLUTION 21 were taken up for
consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 667. Having been recalled earlier today, and held
on the order of Second Reading, the same was again taken up and
advanced to the order of Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative McGuire, SENATE BILL 667 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 22)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
At the hour of 2:09 o'clock p.m., Representative Hartke moved
that the House do now adjourn until Friday, May 7, 1999, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
HOUSE OF REPRESENTATIVES 3643
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 06, 1999
0 YEAS 0 NAYS 115 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 E 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 E 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
E DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
3644 JOURNAL OF THE [May 6, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1158
AMEND IL ADMIN PROCEDURE ACT
THIRD READING
PASSED
MAY 06, 1999
107 YEAS 7 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
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST E 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 N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E 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
E DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3645
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 110
INC TX-RESEARCH CREDIT-S CORPS
THIRD READING
LOST
MAY 06, 1999
42 YEAS 59 NAYS 11 PRESENT
Y ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS N LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS N GASH N MATHIAS N SAVIANO
P BLACK N GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE N SCHOENBERG
N BOST E GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN P HARRIS N MEYER P SILVA
A BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW P STEPHENS
N COWLISHAW Y HOWARD P MULLIGAN Y STROGER
N CROSS N HULTGREN P MURPHY P TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM N NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS P JONES,LOU N O'CONNOR N WINKEL
N DART P JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
E DAVIS,STEVE N KLINGLER P PARKE N WOJCIK
Y DELGADO Y KOSEL N PERSICO A WOOLARD
N DURKIN N KRAUSE E POE Y YOUNGE
Y ERWIN P LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
3646 JOURNAL OF THE [May 6, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 536
COUNTIES-LAKE-MICHIGAN-TECH
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E 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 3647
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 469
CHILD SPPRT-LATE PYMNT-INTRST
THIRD READING
PASSED
MAY 06, 1999
89 YEAS 16 NAYS 9 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ P RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND P GILES Y McAULIFFE Y SCHOENBERG
Y BOST E GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY P HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG P McKEON Y SHARP
Y BROSNAHAN N 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 Y HOWARD N MULLIGAN Y STROGER
N CROSS Y HULTGREN N MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
P CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL
Y DART P JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
E DAVIS,STEVE Y KLINGLER P PARKE N WOJCIK
Y DELGADO Y KOSEL N PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E POE Y YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
3648 JOURNAL OF THE [May 6, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 144
GOVT TAX REFORM VALIDATION ACT
MOTION TO RECONSIDER VOTE
ADOPTED
MAY 06, 1999
112 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 P MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST E 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 E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
A 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E 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 3649
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1066
WWII MEMORIAL CHECKOFF
MOTION TO RECONSIDER VOTE
ADOPTED
MAY 06, 1999
90 YEAS 19 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES A McAULIFFE Y SCHOENBERG
N BOST E GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS E TURNER,ART
Y CURRIE A JOHNSON,TOM Y NOVAK A TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS P LEITCH
E - Denotes Excused Absence
3650 JOURNAL OF THE [May 6, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 202
SEX OFFENDER-REGISTER EMPLOYMT
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E 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 3651
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 168
FIRE PROTCT-DISCONT-MUNICPLTY
THIRD READING
PASSED
MAY 06, 1999
112 YEAS 1 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 P MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E 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
3652 JOURNAL OF THE [May 6, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1025
TIF-EAST ST LOUIS EXTENSION
THIRD READING
PASSED
MAY 06, 1999
113 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 E 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 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E 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 3653
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 989
VEH CD-CDL FEES-STATE POLICE
THIRD READING
PASSED
MAY 06, 1999
70 YEAS 35 NAYS 6 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
N BOLAND Y GILES Y McAULIFFE N SCHOENBERG
N BOST E GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER P SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYP SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD P MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY P JOHNSON,TIM N MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM P NOVAK N TURNER,JOHN
N CURRY P JONES,JOHN N O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
A DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER A PARKE N WOJCIK
Y DELGADO N KOSEL Y PERSICO A WOOLARD
Y DURKIN Y KRAUSE E 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
3654 JOURNAL OF THE [May 6, 1999]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 487
ROOFING CONTRACTOR-EXAM REQMT
THIRD READING
PASSED
MAY 06, 1999
100 YEAS 14 NAYS 0 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
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST E 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 N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3655
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 412
HGHR ED-ISU LAND SALE
THIRD READING
PASSED
MAY 06, 1999
114 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
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST E GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
P 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3656 JOURNAL OF THE [May 6, 1999]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1054
SCH CD-MASTER CERTIFICATE
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH A ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3657
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 242
CONDO PROP-BRD ACTN-ATTNY FEES
THIRD READING
PASSED
MAY 06, 1999
115 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3658 JOURNAL OF THE [May 6, 1999]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 504
CD CORR-PRED CRIM SEX ASSAULT
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 A 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3659
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 741
VEH CD-TRESPASS ON RAILRD PROP
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 A 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3660 JOURNAL OF THE [May 6, 1999]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1024
INSURANCE NONRENEWAL NOTICE
THIRD READING
PASSED
MAY 06, 1999
115 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3661
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1117
REHAB OF PERSONS - DISABILTIES
THIRD READING
PASSED
MAY 06, 1999
115 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 E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3662 JOURNAL OF THE [May 6, 1999]
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1055
CHECK ACCEPTANCE FIRM ACT
THIRD READING
PASSED
MAY 06, 1999
114 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 E 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 A MYERS E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3663
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1033
VEH CD-TOLL VIOLATIONS-TECH
THIRD READING
PASSED
MAY 06, 1999
104 YEAS 10 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
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS P GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST E GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON N HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY N JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
3664 JOURNAL OF THE [May 6, 1999]
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 667
WRK COMP-ELECTION TO WITHDRAW
THIRD READING
PASSED
MAY 06, 1999
114 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 A GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST E 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 E 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
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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