HOUSE OF REPRESENTATIVES 3665
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
47TH LEGISLATIVE DAY
FRIDAY, MAY 7, 1999
10:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Reverend Jerry Ford with the Third Baptist Church in
Marion, Illinois.
Representative Hartke led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
113 present. (ROLL CALL 1)
By unanimous consent, Representatives Steve Davis, Lou Jones,
Lindner, Poe and Art Turner were excused from attendance.
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. 3 to SENATE BILL 27.
Amendment No. 1 to SENATE BILL 37.
Amendment No. 3 to SENATE BILL 392.
Amendment No. 2 to SENATE BILL 423.
Amendment No. 1 to SENATE BILL 659.
Amendment No. 3 to SENATE BILL 805.
Amendment numbered 2 and 3 to SENATE BILL 1009.
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 Environment & Energy: House Amendment 1 to SENATE
BILL 910.
3666 JOURNAL OF THE [May 7, 1999]
Committee on Executive: House Amendment 3 to SENATE BILL 827.
Committee on Judiciary I-Civil Law: House Amendment 1 to SENATE
BILL 458 and House Amendment 1 to SENATE BILL 561.
Committee on Judiciary II-Criminal Law: House Amendment 1 to
SENATE BILL 1112.
Committee on Revenue: House Amendment 2 to SENATE BILL 37.
Committee on Transportation & Motor Vehicles: House Amendment 2
to SENATE BILL 203.
Special Committee on Electric Utility Deregulation: House
Amendment 2 to SENATE BILL 946.
MOTIONS
SUBMITTED
Representative Madigan submitted the following written motion,
which was placed on the order of Motions:
MOTION
Pursuant to Rule 65, and having voted on the prevailing side, I
move to reconsider the vote by which Senate Bill No. 144 passed the
House on earlier today.
FISCAL NOTE SUPPLIED
Fiscal Notes has been supplied for SENATE BILL 801 and HOUSE
RESOLUTION 102.
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. 2087
A bill for AN ACT to amend the Higher Education Student
Assistance Act by changing Sections 10 and 35.
HOUSE BILL NO. 2112
A bill for AN ACT to amend the Soil and Water Conservation
Districts Act by changing Sections 17 and 23.
HOUSE BILL NO. 2125
A bill for AN ACT concerning construction bonds.
HOUSE BILL NO. 2196
A bill for AN ACT to amend the Alcoholism and Other Drug Abuse
and Dependency Act by changing Section 10-15.
HOUSE BILL NO. 2216
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Sections 9A-8 and 11-20.1 and adding Section 9A-8.1.
HOUSE BILL NO. 2256
A bill for AN ACT regarding pharmaceuticals.
HOUSE BILL NO. 2257
A bill for AN ACT to amend the Juvenile Court Act of 1987 by
HOUSE OF REPRESENTATIVES 3667
changing Section 5-615.
HOUSE BILL NO. 2281
A bill for AN ACT to amend the Public Water District Act by
changing Section 4.
HOUSE BILL NO. 2298
A bill for AN ACT to amend the Counties Code by changing Section
5-12009.5.
HOUSE BILL NO. 2306
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-9.
HOUSE BILL NO. 2347
A bill for AN ACT to amend the Illinois Controlled Substances Act
by changing Sections 401 and 402.
HOUSE BILL NO. 2349
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 33D-1.
HOUSE BILL NO. 2360
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-15.
HOUSE BILL NO. 2632
A bill for AN ACT concerning subdivided land that is located
outside the State of Illinois and offered for sale to individuals
located in Illinois.
HOUSE BILL NO. 2639
A bill for AN ACT to amend the Radiation Protection Act of 1990
by changing Section 24.5.
HOUSE BILL NO. 2640
A bill for AN ACT regarding radiation protection.
HOUSE BILL NO. 2646
A bill for AN ACT to amend the Public Utilities Act by changing
Sections 9-103, 10-108, and 10-112 and adding Section 3-122.
HOUSE BILL NO. 2654
A bill for AN ACT to amend the Unemployment Insurance Act by
changing Sections 235, 401, 901, 1500, 1506.3, 1507, 1900, and 2100.
HOUSE BILL NO. 2720
A bill for AN ACT to amend the State Employees Group Insurance
Act of 1971.
HOUSE BILL NO. 2732
A bill for AN ACT to amend the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act by
changing Section 3.09.
HOUSE BILL NO. 2735
A bill for AN ACT concerning atherosclerosis.
HOUSE BILL NO. 2753
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 5-5.
3668 JOURNAL OF THE [May 7, 1999]
HOUSE BILL NO. 2772
A bill for AN ACT to amend the Toll Highway Act by changing
Section 23.
HOUSE BILL NO. 2776
A bill for AN ACT to amend the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act.
HOUSE BILL NO. 2783
A bill for AN ACT to amend the Uniform Anatomical Gift Act by
adding Section 4.5.
HOUSE BILL NO. 2784
A bill for AN ACT to amend the Grain Code by changing Sections
1-10, 1-15, 5-30, 10-10, 10-15, 10-25, 25-10, 25-20, and 30-5.
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. 420
A bill for AN ACT to amend the School Code by changing Section
10-22.31.1.
HOUSE BILL NO. 421
A bill for AN ACT to amend the Illinois Marriage and Dissolution
of Marriage Act by changing Section 505.
HOUSE BILL NO. 466
A bill for AN ACT to amend the Juvenile Court Act of 1987 by
changing Sections 1-7 and 1-8.
HOUSE BILL NO. 492
A bill for AN ACT to amend the Veterans Burial Places Act by
changing Section 1.1.
HOUSE BILL NO. 502
A bill for AN ACT to amend the Nursing and Advanced Practice
Nursing Act by adding Section 5-23.
HOUSE BILL NO. 506
A bill for AN ACT to amend the School Code by changing Section
2-3.64.
HOUSE BILL NO. 512
A bill for AN ACT concerning livestock waste management.
HOUSE BILL NO. 517
A bill for AN ACT to amend the Illinois Violence Prevention Act
of 1995 by changing Section 10.
HOUSE BILL NO. 525
A bill for AN ACT to amend the Election Code by changing Section
10-10.
HOUSE OF REPRESENTATIVES 3669
HOUSE BILL NO. 541
A bill for AN ACT to amend the Township Code by changing Section
80-60.
HOUSE BILL NO. 620
A bill for AN ACT in relation to security guards.
HOUSE BILL NO. 669
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 3-6-2.
HOUSE BILL NO. 721
A bill for AN ACT to amend the Health Care Surrogate Act by
adding Section 60.
HOUSE BILL NO. 727
A bill for AN ACT to amend the County Jail Act by changing
Section 20.
HOUSE BILL NO. 729
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 11-9.1.
HOUSE BILL NO. 753
A bill for AN ACT concerning animal torture.
HOUSE BILL NO. 779
A bill for AN ACT to amend the Illinois Equipment Fair Dealership
Law by adding Section 10.1.
HOUSE BILL NO. 801
A bill for AN ACT to amend the Nursing and Advanced Practice
Nursing Act by changing Section 10-35.
HOUSE BILL NO. 803
A bill for AN ACT to amend the Nursing Home Care Act by adding
Section 3-304.1.
HOUSE BILL NO. 810
A bill for AN ACT to amend the Humane Care for Animals Act by
changing Section 16.
HOUSE BILL NO. 811
A bill for AN ACT in relation to alternatives to dissection.
HOUSE BILL NO. 812
A bill for AN ACT to amend the Illinois Insurance Code by
changing Section 123B-4.
Passed by the Senate, May 7, 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. 41
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
3670 JOURNAL OF THE [May 7, 1999]
by adding Section 115-10.4.
HOUSE BILL NO. 70
A bill for AN ACT to amend the Unified Code of Corrections by
adding Section 3-12-15.
HOUSE BILL NO. 76
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 24-8.
HOUSE BILL NO. 124
A bill for AN ACT to amend the School Code by changing Section
2-3.13a.
HOUSE BILL NO. 153
A bill for AN ACT concerning cemeteries.
HOUSE BILL NO. 157
A bill for AN ACT concerning telephone solicitations, amending
named Acts.
HOUSE BILL NO. 238
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 110-7.
HOUSE BILL NO. 252
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 24.5-5 and 24.5-10.
HOUSE BILL NO. 264
A bill for AN ACT concerning plumbers.
HOUSE BILL NO. 321
A bill for AN ACT to amend the Metropolitan Water Reclamation
District Act by adding Sections 65.1 and 65.2.
HOUSE BILL NO. 325
A bill for AN ACT relating to public university tuition
statements.
HOUSE BILL NO. 335
A bill for AN ACT to amend the Liquor Control Act of 1934 by
changing Section 6-17.1.
HOUSE BILL NO. 343
A bill for AN ACT in relation to laser pointers.
HOUSE BILL NO. 387
A bill for AN ACT to amend the Oil and Gas Lien Act of 1989 by
changing Sections 1 and 17.
HOUSE BILL NO. 404
A bill for AN ACT to amend the Illinois Power of Attorney Act by
changing Section 4-10.
HOUSE BILL NO. 408
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-9.
HOUSE OF REPRESENTATIVES 3671
Passed by the Senate, May 7, 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 95
A bill for AN ACT to amend the Illinois Low-Level Radioactive
Waste Management Act by changing Section 1.
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. 95.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 95 by replacing the title with
the following:
"AN ACT to amend the Illinois Low-Level Radioactive Waste
Management Act by changing Sections 10.2 and 11."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Low-Level Radioactive Waste Management
Act is amended by changing Sections 10.2 and 11 as follows:
(420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
Sec. 10.2. Creation of Low-Level Radioactive Waste Task Group;
adoption of criteria; selection of site for characterization.
(a) There is hereby created the Low-Level Radioactive Waste Task
Group consisting of the Directors of the Environmental Protection
Agency, the Department of Natural Resources, and the Department of
Nuclear Safety (or their designees) and 6 additional members
designated by the Governor. The 6 additional members shall:
(1) be confirmed by the Senate; and
(2) receive compensation of $300 per day for their services
on the Task Group unless they are officers or employees of the
State, in which case they shall receive no additional
compensation.
Four of the additional members shall have expertise in the field
of geology, hydrogeology, or hydrology. Of the 2 remaining additional
members, one shall be a member of the public with experience in
environmental matters and one shall have at least 5 years experience
in local government. The Directors of the Environmental Protection
Agency, the Department of Natural Resources, and the Department of
Nuclear Safety (or their designees) shall receive no additional
compensation for their service on the Task Group. All members of the
Task Group shall be compensated for their expenses. The Governor
shall designate the chairman of the Task Group. Upon adoption of the
criteria under subsection (b) of this Section, the Directors of the
Department of Nuclear Safety and the Environmental Protection Agency
shall be replaced on the Task Group by members designated by the
3672 JOURNAL OF THE [May 7, 1999]
Governor and confirmed by the Senate. The members designated to
replace the Directors of the Department of Nuclear Safety and the
Environmental Protection Agency shall have such expertise as the
Governor may determine. The members of the Task Group shall be
members until they resign, are replaced by the Governor, or the Task
Group is abolished. Except as provided in this Act, the Task Group
shall be subject to the Open Meetings Act and the Illinois
Administrative Procedure Act. Any action required to be taken by the
Task Group under this Act shall be taken by a majority vote of its
members. An identical vote by 5 members of the Task Group shall
constitute a majority vote.
(b) To protect the public health, safety and welfare, the Task
Group shall develop proposed criteria for selection of a site for a
regional disposal facility. Principal criteria shall relate to the
geographic, geologic, seismologic, tectonic, hydrologic, and other
scientific conditions best suited for a regional disposal facility.
Supplemental criteria may relate to land use (including (i) the
location of existing underground mines and (ii) the exclusion of
State parks, State conservation areas, and other State owned lands
identified by the Task Group), economics, transportation,
meteorology, and any other matter identified by the Task Group as
relating to desirable conditions for a regional disposal facility.
All of the criteria shall be as specific as possible.
The chairman of the Task Group shall publish a notice of
availability of the proposed criteria in the State newspaper, make
copies of the proposed criteria available without charge to the
public, and hold public hearings to receive comments on the proposed
criteria. Written comments on the proposed criteria may be submitted
to the chairman of the Task Group within a time period to be
determined by the Task Group. Upon completion of the review of
timely submitted comments on the proposed criteria, the Task Group
shall adopt criteria for selection of a site for a regional disposal
facility. Adoption of the criteria is not subject to the Illinois
Administrative Procedure Act. The chairman of the Task Group shall
provide copies of the criteria to the Governor, the President and
Minority Leader of the Senate, the Speaker and Minority Leader of the
House, and all county boards in the State of Illinois and shall make
copies of the criteria available without charge to the public.
(c) Upon adoption of the criteria, the Director of Natural
Resources shall direct the Scientific Surveys to screen the State of
Illinois. By September 30, 1997, the Scientific Surveys shall (i)
complete a Statewide screening of the State using available
information and the Surveys' geography-based information system to
produce individual and composite maps showing the application of
individual criteria; (ii) complete the evaluation of all land
volunteered before the effective date of this amendatory Act of 1997
to determine whether any of the volunteered land appears likely to
satisfy the criteria; (iii) document the results of the screening and
volunteer site evaluations in a written report and submit the report
to the chairman of the Task Group and to the Director; and (iv)
transmit to the Task Group and to the Department, in a form specified
by the Task Group and the Department, all information and documents
assembled by the Scientific Surveys in performing the obligations of
the Scientific Surveys under this Act. Upon completion of the
screening and volunteer site evaluation process, the Director of the
Department of Natural Resources shall be replaced on the Task Group
by a member appointed by the Governor and confirmed by the Senate.
The member appointed to replace the Director of the Department of
Natural Resources shall have expertise that the Governor determines
to be appropriate.
(c-3) By December 1, 2000, Within 24 months after the submittal
HOUSE OF REPRESENTATIVES 3673
of the report and documents by the Scientific Surveys under
subsection (c) of this Section, the Department, in consultation with
the Task Group, waste generators, and any interested counties and
municipalities and after holding 3 public hearings throughout the
State, shall prepare a report regarding, at a minimum, the impact
and ramifications, if any, of the following factors and circumstances
on the siting, design, licensure, development, construction,
operation, closure, and post-closure care of a regional disposal
facility:
(1) the federal, state, and regional programs for the
siting, development, and operation of disposal facilities for
low-level radioactive wastes and the nature, extent, and
likelihood of any legislative or administrative changes to those
programs;
(2) (blank) the impacts of restrictions and surcharges on
disposal of low-level radioactive waste at commercial disposal
facilities outside the State of Illinois;
(3) the current and most reliable projections regarding the
costs of the siting, design, development, construction,
operation, closure, decommissioning, and post-closure care of a
regional disposal facility;
(4) the current and most reliable estimates of the total
volume of low-level radioactive waste that will be disposed at a
regional disposal facility in Illinois and the projected annual
volume amounts;
(5) the nature and extent of the available, if any, storage
and disposal facilities outside the region of the Compact for
storage and disposal of low-level radioactive waste generated
from within the region of the Compact; and
(6) the development and implementation of a voluntary site
selection process in which land may be volunteered for the
regional disposal facility jointly by landowners and (i) the
municipality in which the land is located, (ii) every
municipality within 1 1/2 miles of the land if the land is not
within a municipality, or (iii) the county or counties in which
the land is located if the land is not within a municipality and
not within 1 1/2 miles of a municipality. The Director shall
provide copies of the report to the Governor, the President and
Minority Leader of the Senate, and the Speaker and Minority
Leader of the House. The Director shall also publish a notice of
availability of the report in the State newspaper and make copies
of the report available without charge to the public.
(c-5) Following submittal of the report pursuant to subsection
(c-3) of this Section, the Department may shall adopt rules
establishing a site selection process for the regional disposal
facility. The site selection process established by rule under this
subsection shall require the contractor selected by the Department
pursuant to Sections 5 and 10 of this Act to propose one site to the
Task Group for approval under subsections (d) through (i) of this
Section and In developing rules, the Department shall also, at a
minimum, consider require the following:
(1) A comprehensive and open process under which the land
for sites recommended and proposed by the contractor under
subsection (e) of this Section shall be volunteered lands as
provided in this Section. Land may be volunteered for the
regional disposal facility jointly by landowners and (i) the
municipality in which the land is located, (ii) every
municipality with 1 1/2 miles of the land if the land is not
within a municipality, or (iii) the county or counties in which
the land is located if the land is not within a municipality and
not within 1 1/2 miles of a municipality.
3674 JOURNAL OF THE [May 7, 1999]
(2) Utilization of the State screening and volunteer site
evaluation report prepared by the Scientific Surveys under
subsection (c) of this Section for the purpose of determining
whether proposed sites appear likely to satisfy the site
selection criteria.
(3) Coordination of the site selection process with the
projected annual and total volume of low-level radioactive waste
to be disposed at the regional disposal facility as identified in
the report prepared under subsection (c-3) of this Section.
The site selection process established under this subsection
shall require the contractor selected by the Department pursuant to
Sections 5 and 10 of this Act to propose one site to the Task Group
for approval under subsections (d) through (i) of this Section.
(4) No proposed site shall be selected as the site for the
regional disposal facility unless it satisfies the site selection
criteria established by the Task Group under subsection (b) of this
Section.
(d) The contractor selected by the Department under Sections 5
and 10 of this Act shall conduct evaluations, including possible
intrusive field investigations, of the sites and locations identified
under the site selection process established under subsection (c-5)
of this Section.
(e) Upon completion of the site evaluations, the contractor
selected by the Department shall identify one site of at least 640
acres that appears promising for development of the regional disposal
facility in compliance with the site selection criteria established
by the Task Group pursuant to subsection (b) of this Section. The
contractor may conduct any other evaluation of the site identified
under this subsection that the contractor deems appropriate to
determine whether the site satisfies the criteria adopted under
subsection (b) of this Section. Upon completion of the evaluations
under this subsection, the contractor shall prepare and submit to the
Department a report on the evaluation of the identified site,
including a recommendation as to whether the identified site should
be further considered for selection as a site for the regional
disposal facility. A site so recommended for further consideration is
hereinafter referred to as a "proposed site".
(f) A report completed under subsection (e) of this Section that
recommends a proposed site shall also be submitted to the chairman of
the Task Group. Within 45 days following receipt of a report, the
chairman of the Task Group shall publish in newspapers of general
circulation in the county or counties in which a proposed site is
located a notice of the availability of the report and a notice of a
public meeting. The chairman of the Task Group shall also, within
the 45-day period, provide copies of the report and the notice to the
Governor, the President and Minority Leader of the Senate, the
Speaker and Minority Leader of the House, members of the General
Assembly from the legislative district or districts in which a
proposed site is located, the county board or boards of the county or
counties containing a proposed site, and each city, village, and
incorporated town within a 5 mile radius of a proposed site. The
chairman of the Task Group shall make copies of the report available
without charge to the public.
(g) The chairman of the Task Group shall convene at least one
public meeting on each proposed site. At the public meeting or
meetings, the contractor selected by the Department shall present the
results of the evaluation of the proposed site. The Task Group shall
receive such other written and oral information about the proposed
site that may be submitted at the meeting. Following the meeting,
the Task Group shall decide whether the proposed site satisfies the
criteria adopted under subsection (b) of this Section. If the Task
HOUSE OF REPRESENTATIVES 3675
Group determines that the proposed site does not satisfy the
criteria, the Department may require a contractor to submit a further
report pursuant to subsection (e) of this Section proposing another
site from the locations identified under the site selection process
established pursuant to subsection (c-5) of this Section as likely to
satisfy the criteria. Following notice and distribution of the
report as required by subsection (f) of this Section, the new
proposed site shall be the subject of a public meeting under this
subsection. The contractor selected by the Department shall propose
additional sites, and the Task Group shall conduct additional public
meetings, until the Task Group has approved a proposed site
recommended by a contractor as satisfying the criteria adopted under
subsection (b) of this Section. In the event that the Task Group
does not approve any of the proposed sites recommended by the
contractor under this subsection as satisfying the criteria adopted
under subsection (b) of this Section, the Task Group shall
immediately suspend all work and the Department shall prepare a study
containing, at a minimum, the Department's recommendations regarding
the viability of the site selection process established pursuant to
this Act, based on the factors and circumstances specified in items
(1) through (6) of subsection (c-3) of Section 10.2. The Department
shall provide copies of the study to the Governor, the President and
Minority Leader of the Senate, and the Speaker and Minority Leader of
the House. The Department shall also publish a notice of availability
of the study in the State newspaper and make copies of the report
available without charge to the public.
(h) (Blank).
(i) Upon the Task Group's decision that a proposed site
satisfies the criteria adopted under subsection (b) of this Section,
the contractor shall proceed with the characterization and licensure
of the proposed site under Section 10.3 of this Act and the Task
Group shall immediately suspend all work, except as otherwise
specifically required in subsection (b) of Section 10.3 of this Act.
(Source: P.A. 89-445, eff. 2-7-96; 89-479, eff. 6-18-96; 90-29, eff.
6-26-97.)
(420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
Sec. 11. Report by the Department.
(a) (Blank).
(b) (Blank) No later than March 31, 1993, the Department shall
deliver to the Governor, the President and Minority Leader of the
Senate, and the Speaker and Minority Leader of the House a report on
the impacts of restrictions and surcharges on disposal of low-level
radioactive waste at commercial disposal facilities outside the State
of Illinois. The report shall include the Department's
recommendations with regard to the need for additional interim
storage capacity and with regard to a new process for the timely and
cost effective establishment of a permanent disposal facility.
(c) At any time necessary, as determined by the Director, to
ensure proper planning and policy responses relating to the continued
availability of facilities for the storage and disposal of low-level
radioactive wastes, the Department shall deliver to the Governor, the
President and Minority Leader of the Senate, and the Speaker and
Minority Leader of the House a report updating the report submitted
pursuant to subsection (b) of this Section. The updated report
required by this subsection that shall include, at a minimum, an
updated analysis of the impacts of restrictions and surcharges on
disposal of low-level radioactive waste at commercial disposal
facilities outside the State of Illinois and the Department's
analysis of, and recommendations regarding, the feasibility of a
centralized interim storage facility for low-level radioactive waste
generated within the region of the Compact and the nature and extent,
3676 JOURNAL OF THE [May 7, 1999]
if any, of the generator's or any other entity's responsibility for
or title to the waste to be stored at a centralized interim storage
facility after the waste has been delivered to that facility.
(Source: P.A. 90-29, eff. 6-26-97.)
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 95 was placed on the Calendar on the order of
Concurrence.
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 227
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 16-1 and 24-1.1 and adding Sections 2-7.1, 16-16, and
16-16.1.
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. 227.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 227 on page 4, by replacing
lines 21 and 22 with the following:
"(5) Not being entitled to the possession of more than 31
firearms, possesses or"; and
on page 4, by deleting lines 26 through 29; and
on page 5, by deleting lines 1 and 2; and
on page 5, by replacing line 3 with the following:
"(1) A person who violates paragraph (1) of"; and
on page 5, by replacing line 5 with the following:
"(2) A person who violates paragraph (2) of"; and
on page 5, by replacing line 10 with the following:
"(3) A person who violates paragraph (3) of"; and
on page 5, by replacing line 15 with the following:
"(4) A person who violates paragraph (4) of"; and
on page 5, by replacing line 20 with the following:
"(5) A person who violates paragraph (5) of".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 227 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
HOUSE OF REPRESENTATIVES 3677
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 251
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 36-1 and 47-15.
Together with the attached amendments thereto (which amendments
have 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. 251.
Senate Amendment No. 2 to HOUSE BILL NO. 251.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 251, on page 1, lines 2 and 6,
by replacing "Sections 36-1 and 47-15" wherever it appears with
"Section 47-15"; and
by deleting lines 7 through 31 on page 1, all of page 2, and lines 1
through 27 on page 3.
AMENDMENT NO. 2. Amend House Bill 251, on page 5, by replacing
line 3 with the following:
"indigent, the court must require that the defendant choose either to
pay the minimum fine of $500 or to perform 100 hours of community
service.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 251 was placed on the Calendar on the
order of Concurrence.
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 329
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 3-6.
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. 329.
3678 JOURNAL OF THE [May 7, 1999]
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 329 on page 3 by replacing
lines 18 through 26 with the following:
"(i) A prosecution for criminal sexual assault, aggravated
criminal sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if the
victim reported the offense to law enforcement authorities within 2
years after the commission of the offense.
When the victim is under 18 years of age at the time of the
offense and the offender is a family member as defined in Section
12-12, a prosecution for criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a child, or
aggravated criminal sexual abuse may be commenced within 10 years of
the victim attaining the age of 18 years.
When the victim is under 18 years of age at the time of the
offense and the offender is not a family member as defined in Section
12-12, a prosecution for criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a child, or
aggravated criminal sexual abuse may be commenced within 10 years of
the victim attaining the age of 18 years, if the victim reported the
offense to law enforcement authorities before he or she attained the
age of 21 years.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 329 was placed on the Calendar on the order of
Concurrence.
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 340
A bill for AN ACT to amend the Illinois Criminal Justice
Information Act by changing Section 4.
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. 340.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 340 as follows:
on page 1, line 19, by deleting "or his or her designee,"; and
on page 2, by replacing lines 3 and 4 with the following:
"Section 99. Effective date. This Act takes effect on January 1,
HOUSE OF REPRESENTATIVES 3679
2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 340 was placed on the Calendar on the order of
Concurrence.
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 376
A bill for AN ACT in relation to anhydrous ammonia.
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. 376.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 376, on page 1, by deleting
line 30; and
by deleting all of pages 2, 3, and 4.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 376 was placed on the Calendar on the order of
Concurrence.
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 377
A bill for AN ACT regarding representation of a child, 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. 377.
3680 JOURNAL OF THE [May 7, 1999]
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 377, on page 2, line 19, after
the period, by inserting the following:
"The court may not order payment by the Illinois Department of Public
Aid in cases in which the Department is providing child and spouse
support services under Article X of the Illinois Public Aid Code.";
and
on page 4, line 19, after the period, by inserting the following:
"The court may not order payment by the Illinois Department of Public
Aid in cases in which the Department is providing child and spouse
support services under Article X of the Illinois Public Aid Code.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 377 was placed on the Calendar on the order of
Concurrence.
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 424
A bill for AN ACT to amend and re-enact the Gang Crime Witness
Protection 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. 424.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 424 on page 2, line 30 by
changing "2000" to "2004"; and
on page 4, line 3 by inserting after "General" the following:
", or a chief executive of a police agency with the approval from the
State's Attorney or Attorney General,"; and
on page 6, line 4 by changing "2000" to "2004".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 424 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
HOUSE OF REPRESENTATIVES 3681
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 427
A bill for AN ACT to create the Assisted Living and Shared
Housing Act, 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. 427.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 427 on page 5, line 2, by
changing "of Public Health" to "on Aging"; and
on page 5, line 3, by changing "Public Health" to "Aging"; and
on page 7 by replacing lines 7 through 9 with the following:
"representative. This designation may be accomplished through the
Illinois Power of Attorney Act, pursuant to the guardianship process
under the Probate Act of 1975, or pursuant to an executed designation
of representative form."; and
on page 9 by replacing lines 30 through 32 with the following:
"include, at a minimum, compliance with the residential board and
care occupancies chapter of the National Fire Protection
Association's Life Safety Code, local and State building codes for
the building"; and
on page 23, line 28, by changing "(12)" to "(15)"; and
on page 24 by replacing lines 17 through 20 with the following:
"(h) For the purposes of items (7) through (11) of subsection
(c), a licensed health care professional may not be employed by the
establishment. An agency or entity employing licensed health care
professionals that has common ownership with an establishment shall
not exclusively market services to that establishment. Nothing in
this Section is meant to limit a resident's right to choose his or
her health care provider."; and
on page 25 by replacing line 30 with the following:
"emergency situations as defined in Section 10 of this Act, the
requirements of this subsection may"; and
on page 33 by replacing line 16 with the following:
"Public Health, Public Aid, and Human Services,"; and
on page 36 by replacing line 21 with the following:
"subsections (b) through (g) of Section 75 of this Act.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 427 was placed on the Calendar on the order of
Concurrence.
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
3682 JOURNAL OF THE [May 7, 1999]
to-wit:
HOUSE BILL 448
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-4.
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. 448.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 448 by replacing the title
with the following:
"AN ACT to amend the Unified Code of Corrections by changing
Section 5-5-3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be sentenced as
provided in this Section.
(b) The following options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other than
those identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and repair
the damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961.
(6) A fine.
(7) An order directing the offender to make restitution to
the victim under Section 5-5-6 of this Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
treatment or education, neither the treatment nor the education shall
be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment recommendations
contained in the professional evaluation. Programs conducting
alcohol or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may accept an
alcohol or other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing treatment
must be licensed under existing applicable alcoholism and drug
treatment licensure standards.
HOUSE OF REPRESENTATIVES 3683
In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of local ordinance, whose
operation of a motor vehicle while in violation of Section 11-501 or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make restitution
to a public agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each such
emergency response. For the purpose of this paragraph, emergency
response shall mean any incident requiring a response by: a police
officer as defined under Section 1-162 of the Illinois Vehicle Code;
a fireman carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of the
Emergency Medical Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony within 10
years of the date on which he committed the offense for
which he is being sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as otherwise
provided in subsection (e) of this Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that encourages
members of the association to perpetrate crimes or provides
support to the members of the association who do commit
crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
3684 JOURNAL OF THE [May 7, 1999]
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal Code
of 1961.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961.
(Q) A violation of Section 20-1.2 of the Criminal Code
of 1961.
(R) (Q) A violation of Section 24-3A of the Criminal
Code of 1961.
(3) A minimum term of imprisonment of not less than 48
consecutive hours or 100 hours of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court,
shall be imposed for a violation of Section 11-501 of the
Illinois Vehicle Code during a period in which the defendant's
driving privileges are revoked or suspended, where the revocation
or suspension was for a violation of Section 11-501 or Section
11-501.1 of that Code.
(5) The court may sentence an offender convicted of a
business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he was serving a term of probation or
conditional discharge for a felony.
(7) When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice been
convicted of any Class 2 or greater Class felonies in Illinois,
and such charges are separately brought and tried and arise out
of different series of acts, such defendant shall be sentenced as
a Class X offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
HOUSE OF REPRESENTATIVES 3685
natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing under
Section 33B-1 is applicable, a term of imprisonment of not less
than 15 years nor more than 50 years shall be imposed on a
defendant who violates Section 33A-2 of the Criminal Code of 1961
with a firearm, when that person has been convicted in any state
or federal court of 3 or more of the following offenses: treason,
first degree murder, second degree murder, aggravated criminal
sexual assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement, or a violation of
Section 401(a) of the Illinois Controlled Substances Act, when
the third offense was committed after conviction on the second,
the second offense was committed after conviction on the first,
and the violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment of not
less than 10 years and not more than 30 years shall be imposed on
a defendant who violates Section 33A-2 with a Category I weapon
where the offense was committed in any school, or any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, on the real property
comprising any school or public park, and where the offense was
related to the activities of an organized gang. For the purposes
of this paragraph (11), "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(12) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense upon
a person convicted of or placed on supervision for battery when
the individual harmed was a sports official at any level of
competition and the act causing harm to the sports official
occurred within an athletic facility or within the immediate
vicinity of the athletic facility at which the sports official
was an active participant of the athletic contest held at the
athletic facility.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified Code of
Corrections which may include evidence of the defendant's life, moral
character and occupation during the time since the original sentence
was passed. The trial court shall then impose sentence upon the
defendant. The trial court may impose any sentence which could have
been imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of the
Criminal Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the
victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a court
approved plan including but not limited to the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
3686 JOURNAL OF THE [May 7, 1999]
(v) compliance with any other measures that the
court may deem appropriate; and
(2) the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the defendant
violated a condition of his or her probation restricting contact with
the victim or other family members or commits another offense with
the victim or other family members, the court shall revoke the
defendant's probation and impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.
(f) This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961, the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible
disease, including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall be
performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an
examination of the defendant's person. Except as otherwise provided
by law, the results of such test shall be kept strictly confidential
by all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the court
in which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The
court shall notify the defendant of the test results. The court
shall also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or legal guardian of the test results. The court shall
provide information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to whom the
results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court shall grant
the disclosure if the State's Attorney shows it is relevant in order
to prosecute a charge of criminal transmission of HIV under Section
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public Health
including but not limited to tuberculosis, the results of the test
shall be personally delivered by the warden or his or her designee in
a sealed envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by the
judge. Acting in accordance with the best interests of those in the
HOUSE OF REPRESENTATIVES 3687
courtroom, the judge shall have the discretion to determine what if
any precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in
a sealed envelope to the judge of the court in which the conviction
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the public, the judge shall
have the discretion to determine to whom, if anyone, the results of
the testing may be revealed. The court shall notify the defendant of
a positive test showing an infection with the human immunodeficiency
virus (HIV). The court shall provide information on the availability
of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are
revealed and shall direct the State's Attorney to provide the
information to the victim when possible. A State's Attorney may
petition the court to obtain the results of any HIV test administered
under this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11-6,
11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any
violation of the Illinois Controlled Substances Act, or any violation
of the Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under Section 10
of the Cannabis Control Act or Section 410 of the Illinois Controlled
Substance Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the
Child Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court shall order
the Clerk of the Court to send a copy of the judgment of conviction
or order of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school, the
Clerk of the Court shall direct the mailing of a copy of the judgment
of conviction or order of supervision or probation to the appropriate
regional superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any notification
under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a
felony and who has not been previously convicted of a misdemeanor or
felony and who is sentenced to a term of imprisonment in the Illinois
Department of Corrections shall as a condition of his or her sentence
be required by the court to attend educational courses designed to
3688 JOURNAL OF THE [May 7, 1999]
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational
training required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition of
mandatory supervised release, require the defendant, at his or her
own expense, to pursue a course of study toward a high school diploma
or passage of the GED test. The Prisoner Review Board shall revoke
the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the defendant
after making a good faith effort to obtain financial aid or pay for
the educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant whose
mandatory supervised release term has been revoked under this
subsection (j-5) as provided in Section 3-3-9. This subsection (j-5)
does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (j-5) does not
apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or
injected with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of subsection (l),
whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the Attorney
General of the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act or Section 410 of
the Illinois Controlled Substances Act, the court may, upon
motion of the State's Attorney to suspend the sentence imposed,
commit the defendant to the custody of the Attorney General of
the United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
HOUSE OF REPRESENTATIVES 3689
United States, the defendant shall be recommitted to the custody
of the county from which he or she was sentenced. Thereafter, the
defendant shall be brought before the sentencing court, which may
impose any sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant shall not
be eligible for additional good conduct credit for meritorious
service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property under
Section 21-1.3 of the Criminal Code of 1961, in which the property
damage exceeds $300 and the property damaged is a school building,
shall be ordered to perform community service that may include
cleanup, removal, or painting over the defacement.
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff.
7-1-97; 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-68, eff. 7-8-97;
90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
revised 9-16-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 448 was placed on the Calendar on the order of
Concurrence.
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 536
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 3-413.
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. 536.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 536 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by changing Section
16-102.5 and adding Section 11-1304.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 16-102.5 and adding Section 11-1304.5 as follows:
(625 ILCS 5/11-1304.5 new)
Sec. 11-1304.5. Parking of vehicle with expired registration. No
person may stop, park, or leave standing upon a public street,
highway, or roadway a vehicle upon which is displayed an Illinois
registration plate or plates or registration sticker after the
termination of the registration period for which the registration
3690 JOURNAL OF THE [May 7, 1999]
plate or plates or registration sticker was issued or after the
expiration date set under Section 3-414 or 3-414.1 of this Code.
(625 ILCS 5/16-102.5)
Sec. 16-102.5. Enforcement by municipality.
(a) If a municipality adopts an ordinance similar to subsection
(f) of Section 3-413 or Section 11-1304.5 of this Code, any person
that a municipality designates to enforce ordinances regulating the
standing or parking of vehicles shall have the authority to enforce
the provisions of subsection (f) of Section 3-413 or Section
11-1304.5 of this Code or the similar local ordinance. However, the
authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code or a similar local ordinance shall not be
given to an appointed volunteer or private or public entity under
contract to enforce person with disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413
or Section 11-1304.5 of this Code or a similar local ordinance, a
municipality shall impose a fine not exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 536 was placed on the Calendar on the order of
Concurrence.
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 557
A bill for AN ACT to amend the Metropolitan Water Reclamation
District Act by changing Sections 4.7 and 4.11.
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. 557.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 557 on page 1, lines 2 and 6,
by replacing "4.7 and 4.11" each time it appears with "4.7, 4.11, and
4.13"; and
on page 5, by inserting below line 3 the following:
"(70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)
Sec. 4.13. The following offices and places of employment,
insofar as there are or may be such in the sanitary district, shall
not be included within the classified civil service: All elective
officers, the director of personnel, the clerk, treasurer, chief
engineer, attorney, general superintendent, chief of maintenance and
operation, purchasing agent, director of research and development,
director of information technology, and secretary and administrative
aide to the president of the board of trustees, members of the civil
HOUSE OF REPRESENTATIVES 3691
service board and special examiners appointed by the civil service
board and the secretaries to the officers and individual trustees,
and those employed for periods not exceeding 7 5 years under any
apprentice program, training or intern programs funded wholly or in
part by grants from the State of Illinois or the United States of
America. Further, apprentices in a sanitary district apprenticeship
program for the trades shall not be included within the classified
civil service. Entry into a sanitary district apprenticeship program
for the trades shall be by lottery. Graduates of a sanitary district
apprenticeship program for the trades shall be given additional
points, in an amount to be determined by the Director of Personnel,
on examinations for civil service journeymen positions in the trades
at the sanitary district.
(Source: P.A. 87-370; 87-1146.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 557 was placed on the Calendar on the order of
Concurrence.
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 631
A bill for AN ACT regarding adoption, 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. 631.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 631 by replacing everything
after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Adoption Registry and Medical
Information Exchange Fund.
Section 7. The Illinois Vehicle Code is amended by changing
Section 6-115 as follows:
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every driver's
license issued under the provisions of this Code shall expire 4 years
from the date of its issuance, or at such later date, as the
Secretary of State may by proper rule and regulation designate, not
to exceed 12 calendar months; in the event that an applicant for
renewal of a driver's license fails to apply prior to the expiration
date of the previous driver's license, the renewal driver's license
3692 JOURNAL OF THE [May 7, 1999]
shall expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of State may
by proper rule and regulation designate, not to exceed 12 calendar
months.
The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license which
will expire not less than 4 years nor more than 5 years from date of
issuance, except as provided elsewhere in this Section.
The Secretary of State is authorized to issue driver's licenses
during the years 1984 through 1987 which shall expire not less than 3
years nor more than 5 years from the date of issuance, except as
provided elsewhere in this Section, for the purpose of converting all
driver's licenses issued under this Code to a 4 year expiration.
Provided that all original driver's licenses, except as provided
elsewhere in this Section, shall expire not less than 4 years nor
more than 5 years from the date of issuance.
(b) Before the expiration of a driver's license, except those
licenses expiring on the individual's 21st birthday, or 3 months
after the individual's 21st birthday, the holder thereof may apply
for a renewal thereof, subject to all the provisions of Section
6-103, and the Secretary of State may require an examination of the
applicant. A licensee whose driver's license expires on his 21st
birthday, or 3 months after his 21st birthday, may not apply for a
renewal of his driving privileges until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person whose
license is to expire a notification of the expiration of said license
which may be presented at the time of renewal of said license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical Information Card
provisions of Section 6-110. The format and text of such information
shall be prescribed by the Secretary.
There shall be included with such notification, for a period of 4
years beginning January 1, 2000 information regarding the Illinois
Adoption Registry and Medical Information Exchange established in
Section 18.1 of the Adoption Act.
(d) The Secretary may defer the expiration of the driver's
license of a licensee, spouse, and dependent children who are living
with such licensee while on active duty, serving in the Armed Forces
of the United States outside of the State of Illinois, and 45 days
thereafter, upon such terms and conditions as the Secretary may
prescribe.
(e) The Secretary of State may decline to process a renewal of a
driver's license of any person who has not paid any fee or tax due
under this Code and is not paid upon reasonable notice and demand.
(f) The Secretary shall provide that each original or renewal
driver's license issued to a licensee under 21 years of age shall
expire 3 months after the licensee's 21st birthday. Persons whose
current driver's licenses expire on their 21st birthday on or after
January 1, 1986 shall not renew their driver's license before their
21st birthday, and their current driver's license will be extended
for an additional term of 3 months beyond their 21st birthday.
Thereafter, the expiration and term of the driver's license shall be
governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or renewal
driver's license issued to a licensee 81 years of age through age 86
shall expire 2 years from the date of issuance, or at such later date
as the Secretary may by rule and regulation designate, not to exceed
an additional 12 calendar months. The Secretary shall also provide
that each original or renewal driver's license issued to a licensee
87 years of age or older shall expire 12 months from the date of
HOUSE OF REPRESENTATIVES 3693
issuance, or at such later date as the Secretary may by rule and
regulation designate, not to exceed an additional 12 calendar months.
(Source: P.A. 86-467.)
Section 10. The Adoption Act is amended by changing Sections
18.1, 18.2, 18.3, 18.3a, 18.4a, 18.5, and 18.6 and by adding Sections
18.04, 18.05, 18.06, 18.07, 18.1a, 18.1b, 18.1c, 18.7, and 18.8 as
follows:
(750 ILCS 50/18.04 new)
Sec. 18.04. The Illinois Adoption Registry and Medical
Information Exchange; legislative intent. The General Assembly
recognizes the importance of creating a procedure by which mutually
consenting adult members of birth families, adoptive parents and
legal guardians of adopted and surrendered children, and adult
adopted or surrendered persons may voluntarily exchange vital medical
information throughout the life of the adopted or surrendered person.
The General Assembly supports public policy that requires explicit
mutual consent prior to the release of confidential information. The
General Assembly further recognizes that it is in the best interest
of adopted and surrendered persons that birth family medical
histories and the preferences regarding contact of all parties to an
adoption be compiled, preserved and provided to mutually consenting
adoptive parents and legal guardians of adopted or surrendered
children and to adult adopted or surrendered persons and their birth
parents and siblings. The purpose of this amendmentory Act of the
1999 is to respond to these concerns by enhancing the Adoption
Registry and creating the voluntary Medical Information Exchange.
(750 ILCS 50/18.05 new)
Sec. 18.05. The Illinois Adoption Registry and Medical
Information Exchange.
(a) General function. Subject to appropriation, the Department
of Public Health shall redefine the function of the Illinois Adoption
Registry and create the Medical Information Exchange in the manner
outlined in subsections (b) and (c) for the purpose of facilitating
the voluntary exchange of medical information between mutually
consenting birth parents or birth siblings and mutually consenting
adoptive parents or legal guardians of adopted or surrendered persons
under the age of 21 or adopted or surrendered persons 21 years of age
or over. The Department shall establish rules for the confidential
operation of the Illinois Adoption Registry. Beginning January 1,
2000, the Department shall conduct a public information campaign
through public service announcements and other forms of media
coverage and, for a minimum of 4 years, through notices enclosed with
driver's license renewal applications, shall inform adopted and
surrendered persons born, surrendered, or adopted in Illinois and
their adoptive parents, legal guardians, birth parents and birth
siblings of the Illinois Adoption Registry and Medical Information
Exchange. The Department shall notify all parties who registered
with the Illinois Adoption Registry prior to January 1, 2000 of the
provisions of this amendatory Act of 1999. The Illinois Adoption
Registry shall also maintain an informational Internet site where
interested parties may access information about the Illinois Adoption
Registry and Medical Information Exchange and download all necessary
application forms. The Illinois Adoption Registry shall maintain
statistical records regarding Registry participation and publish and
circulate to the public informational material about the function and
operation of the Registry.
(b) Establishment of the Adoption/Surrender Records File. When
a person has voluntarily registered with the Illinois Adoption
Registry and completed an Illinois Adoption Registry Application or a
Registration Identification Form, the Registry shall establish a new
Adoption/Surrender Records File. Such file may concern an adoption
3694 JOURNAL OF THE [May 7, 1999]
that was finalized by a court action in the State of Illinois, an
adoption of a person born in Illinois finalized by a court action in
a state other than Illinois or in a foreign country, or a surrender
taken in the State of Illinois. Such file may be established for
adoptions or surrenders finalized prior to as well as after the
effective date of this amendatory Act of 1999. A file may be created
in any manner to preserve documents including but not limited to
microfilm, optical imaging, or electronic documents.
(c) Contents of the Adoption/Surrender Records File. An
established Adoption/Surrender Records File shall be limited to the
following items, to the extent that they are available:
(1) The General Information Section and Medical Information
Exchange Questionnaire of any Illinois Adoption Registry
Application or a Registration Identification Form which has been
voluntarily completed by the adopted or surrendered person or his
or her adoptive parents, legal guardians, birth parents, or birth
siblings.
(2) Any photographs voluntarily provided by any registrant
for the adopted or surrendered person or his or her adoptive
parents, legal guardians, birth parents, or birth siblings at the
time of registration or any time thereafter. All such photographs
shall be submitted in an unsealed envelope no larger than 8 1/2"
x 11", and shall not include identifying information pertaining
to any person other than the registrant who submitted them. Any
such identifying information shall be redacted by the Department
or the information shall be returned for removal of identifying
information.
(3) Any Information Exchange Authorization or Denial of
Information Exchange which has been filed by a registrant.
(4) For all adoptions finalized after January 1, 2000,
copies of the original certificate of live birth and the
certificate of adoption.
(5) Any updated address submitted by any registered party
about himself or herself.
(6) Any proof of death which has been submitted by an
adopted or surrendered person, adoptive parent, legal guardian,
birth parent, or birth sibling.
(750 ILCS 50/18.06 new)
Sec. 18.06. Definitions. When used in Sections 18.05 through
Section 18.6, for the purposes of the Registry:
"Adopted person" means a person who was adopted pursuant to the
laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent through
the legal process of adoption.
"Agency" means a public child welfare agency or a licensed child
welfare agency.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original certificate of live
birth or on a consent or surrender document, or a biological father
whose paternity has been established by a judgment or order of the
court, pursuant to the Illinois Parentage Act of 1984.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a birth mother or birth father of an adopted
or surrendered person.
"Birth sibling" means the adult full or half sibling of an
adopted or surrendered person.
"Denial of Information Exchange" means an affidavit completed by
a registrant with the Illinois Adoption Registry and Medical
Information Exchange denying the release of identifying information.
"Information Exchange Authorization" means an affidavit completed
HOUSE OF REPRESENTATIVES 3695
by a registrant with the Illinois Adoption Registry and Medical
Information Exchange authorizing the release of identifying
information.
"Medical Information Exchange Questionnaire" means the medical
history questionnaire completed by a registrant of the Illinois
Adoption Registry and Medical Information Exchange.
"Proof of death" means a death certificate.
"Registrant" or "Registered Party" means a birth parent, birth
sibling, adopted or surrendered person over the age of 21, or
adoptive parent or legal guardian of an adopted or surrendered person
under the age of 21 who has filed an Illinois Adoption Registry
Application or Registration Identification Form with the Registry.
"Surrendered person" means a person whose parents' rights have
been surrendered or terminated but who has not been adopted.
(750 ILCS 50/18.07 new)
Sec. 18.07. Adoption Registry Advisory Council. There is
established an Adoption Registry Advisory Council. The Council shall
be chaired by the Director of the Department of Public Health or his
designee. The Council shall include the Director of the Department
of Children and Family Services or his designee. The Council shall
also include one representative from each of the following
organizations: Adoption Advocates of Illinois, Adoptive Families
Today, American Adoption Congress, Catholic Conference of Illinois,
Chicago Area Families for Adoption, Chicago Bar Association, Child
Care Association of Illinois, Children Remembered, Inc., Children's
Home and Aid Society of Illinois, Child Welfare Advisory Council,
The Cradle, Healing Hearts, Illinois Foster Parents Association,
Illinois State Bar Association, Illinois State Medical Society,
Jewish Children's Bureau, Kids Help Foundation, LDS Social Services,
Lutheran Social Services of Illinois, Maryville Academy, Midwest
Adoption Center, St. Mary's Services, Stars of David, and
Truthseekers in Adoption.
If any one of the above named organizations notifies the Director
of the Department of Public Health in writing that the organization
does not wish to participate on the Advisory Council or that the
organization is no longer functioning, the Director shall appoint
another organization that represents the same constituency as the
named organization to replace the named organization on the Council.
The Council's responsibilities shall include the following:
1) Advising the Department on the development of rules,
procedures, and forms utilized by the Illinois Adoption Registry
and Medical Information Exchange;
2) Making recommendations regarding the procedures, tools and
technology that will ensure efficient and effective operation of
the Registry;
3) Submitting a report to the Governor and the General Assembly
no later than January 1, 2001, on the status of the Registry, an
evaluation of the effectiveness of the Registry, and pertinent
statistics regarding the Registry.
4) Assisting the Department with the development, publication,
and circulation of an informational pamphlet that describes the
purpose, function, and mechanics of the Illinois Adoption
Registry and Medical Information Exchange, including information
about who is eligible to register and how to register;
information about the questions and concerns that registrants may
develop when they register or when they receive information from
the Registry; and a list of services, programs, groups, and
informational websites that are available to assist registrants
with their questions and concerns.
(750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
Sec. 18.1. Disclosure of identifying information.
3696 JOURNAL OF THE [May 7, 1999]
(a) The Department of Public Health shall establish and maintain
a Registry for the purpose of providing identifying information to
mutually consenting adult adopted or surrendered persons, birth
parents, adoptive parents, legal guardians and birth siblings
children surrendered for adoption or adoptees and biological parents
and to mutually consenting biological siblings. Identifying
information for the purpose of this Act shall mean any one or more of
the following:
(1) only The name and last known address of the consenting
person or persons.
(2) A copy of the Illinois Adoption Registry Application of
the consenting person or persons.
(3) A copy of the original certificate of live birth of the
adopted person.
Written authorization from all parties identified must be
received prior to disclosure of any identifying information.
(b) At any time after a child is surrendered for adoption, or at
any time during the adoption proceedings or at any time thereafter,
either birth biological parent or both of them may file with the
Registry a Birth Biological Parent Registration Identification Form
and an Information Exchange Authorization or a Denial of Information
Exchange.
(b-5) A birth sibling 21 years of age or over who was not
surrendered for adoption and who has submitted proof of death for a
deceased birth parent and such birth parent did not file a Denial of
Information Exchange with the Registry prior to his or her death may
file a Registration Identification Form and an Information Exchange
Authorization or a Denial of Information Exchange.
(c) Any adopted person over the age of 21 adoptee, or any
surrendered person over the age of 21 child who has been surrendered
for adoption but not adopted ("surrendered child"), or any adoptive
parent or legal guardian of an adopted or surrendered person under
the age of 21 may file with the Registry a an Adoptee Registration
Identification Form or a Surrendered Child Registration
Identification Form and an Information Exchange Authorization or a
Denial of Information Exchange. if such adoptee or surrendered child
is 21 years of age or over; or, if over 18 years of age and under 21
years of age, if there is attached to the Information Exchange
Authorization (1) written consent of both adoptive parents, or (2)
written consent of a single adoptive parent with a certified copy of
the Judgment of Adoption, or (3) proof of the death of one adoptive
parent and written consent of the surviving adoptive parent, or (4)
written consent of the guardian of the adoptee or surrendered child
with a certified copy of the Order of Guardianship.
(d) The Department of Public Health shall supply to the adopted
adoptee or surrendered person or his or her adoptive parents or legal
guardians child and to the birth biological parents identifying
information only if both the adopted adoptee or surrendered person
child or his or her adoptive parents or legal guardians and the birth
biological parents have filed with the Registry an Information
Exchange Authorization and the information at the Registry indicates
that the consenting adopted adoptee or surrendered person child or
the child of the consenting adoptive parents or legal guardians is
the child of the consenting birth biological parents.
The Department of Public Health shall supply to adopted adoptees
or surrendered persons children who are birth biological siblings
identifying information only if both siblings have filed with the
Registry an Information Exchange Authorization and the information at
the Registry indicates that the consenting siblings have one or both
birth biological parents in common. Identifying information shall be
supplied to consenting birth biological siblings who were adopted or
HOUSE OF REPRESENTATIVES 3697
surrendered if any such sibling is 21 years of age or over; or, if
over 18 years of age and under 21 years of age, if there is attached
to the Information Exchange Authorization (1) written consent of both
adoptive parents, or (2) written consent of a single adoptive parent
with a certified copy of the Judgment of Adoption, or (3) proof of
the death of one adoptive parent and written consent of the surviving
adoptive parent, or (4) written consent of the guardian of the
adoptee or surrendered child with a certified copy of the Order of
Guardianship. Identifying information shall be supplied to
consenting birth siblings who were not adopted or surrendered if any
such sibling is 21 years of age or over and has proof of death of the
common birth parent and such birth parent did not file a Denial of
Information Exchange with the Registry prior to his or her death.
(e) A birth biological parent, birth sibling, adopted adoptee or
surrendered person or their adoptive parents or legal guardians child
may notify the Registry of his or her desire not to have his or her
identity revealed or may revoke any previously filed Information
Exchange Authorization by completing and filing with the Registry a
Registry Identification Form along with a Denial of Information
Exchange. The Illinois Adoption Registry Application does not need to
be completed in order to file a Denial of Information Exchange. Any
adopted or adoptee, surrendered person or his or her adoptive parents
or legal guardians child , birth sibling or birth biological parent
may revoke a Denial of Information Exchange by filing an Information
Exchange Authorization. The Department of Public Health shall act in
accordance with the most recently filed Authorization.
(f) Identifying information ascertained from the Registry shall
be confidential and may be disclosed only (1) upon a Court Order,
which order shall name the person or persons entitled to the
information, or (2) to the Adopted or adoptee, surrendered person
child, adoptive parents or legal guardians, birth adopted or
surrendered sibling, or birth biological parent if both the adopted
or surrendered person or his or her adoptive parents or legal
guardians adoptee, or surrendered child, and his or her birth
biological parent, or both, birth adopted or surrendered siblings,
have filed with the Registry an Information Exchange Authorization,
or (3) as authorized under subsection (h) of Section 18.3 of this
Act. A copy of the certificate of live birth shall only be released
to an adopted person who was born in Illinois and who is the subject
of an Information Exchange Authorization filed by one of his or her
birth parents or non-surrendered birth siblings. Any person who
willfully provides unauthorized disclosure of any information filed
with the Registry or who knowingly or intentionally files false
information with the Registry shall be guilty of a Class A
misdemeanor and shall be liable for damages.
(g) If information is disclosed pursuant to this Act, the
Department shall redact it to remove any identifying information
about any party who has not consented to the disclosure of such
identifying information.
(Source: P.A. 86-1451.)
(750 ILCS 50/18.1a new)
Sec. 18.1a. Registry matches.
(a) The Registry shall release identifying information, as
specified on the Information Exchange Authorization, to the following
mutually consenting registered parties and provide them with any
photographs which have been placed in the Adoption/Surrender Records
File and are specifically intended for the registered parties:
(i) an adult adopted or surrendered person and one of his
or her birth parents or birth siblings who have both filed an
applicable Information Exchange Authorization specifying the
other consenting party with the Registry, if information
3698 JOURNAL OF THE [May 7, 1999]
available to the Registry confirms that the consenting adopted or
surrendered person is a birth relative of the consenting birth
parent or sibling;
(ii) the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21 and one of his or her
birth parents or birth siblings who have both filed an
Information Exchange Authorization specifying the other
consenting party with the Registry, if information available to
the Registry confirms that the child of the consenting adoptive
parent or legal guardian is a birth relative of the consenting
birth parent or birth sibling.
(b) If a registrant is the subject of a Denial of Information
Exchange filed by another party to the adoption, the Registry shall
not release identifying information to either registrant.
(c) If a registrant has completed a Medical Information Exchange
Questionnaire and has consented to its disclosure, that Questionnaire
shall be released to any registered party who has indicated their
desire to receive such information on his or her Illinois Adoption
Registry Application, if information available to the Registry
confirms that the consenting parties are birth relatives or that the
consenting birth relative and the child of the consenting, adoptive
parents or legal guardians are birth relatives.
(750 ILCS 50/18.1b new)
Sec. 18.1b. The Illinois Adoption Registry Application. The
Illinois Adoption Registry Application shall substantially include
the following:
(a) General Information. The Illinois Adoption Registry
Application shall include the space to provide Information about the
registrant including his or her surname, given name or names, social
security number (optional), mailing address, home telephone number,
gender, date and place of birth, and the date of registration. If
applicable and known to the registrant, he or she may include the
maiden surname of the birth mother, any subsequent surnames of the
birth mother, the surname of the birth father, the given name or
names of the birth parents, the dates and places of birth of the
birth parents, the surname and given name or names of the adopted
person prior to adoption, the gender and date and place of birth of
the adopted or surrendered person, the name of the adopted person
following his or her adoption and the state and county where the
judgment of adoption was finalized.
(b) Medical Information Exchange Questionnaire. In recognition
of the importance of medical information and of recent discoveries
regarding the genetic origin of many medical conditions and diseases
all registrants shall be asked to voluntarily complete a Medical
Information Exchange Questionnaire.
(1) For birth parents or birth siblings, the Medical
Information Exchange Questionnaire shall include a comprehensive
check-list of medical conditions and diseases including those of
genetic origin. Birth parents and birth siblings shall be asked
to indicate all genetically-inherited diseases and conditions on
this list which are known to exist in the adopted or surrendered
person's birth family at the time of registration. In addition,
all birth parents and birth siblings shall be apprised of the
Registry's provisions for voluntarily submitting information
about their and their family's medical histories on a
confidential, ongoing basis.
(2) Adopted and surrendered persons and their adoptive
parents or legal guardians shall be asked to indicate all
genetically-inherited diseases and medical conditions with which
the adopted or surrendered person or, if applicable, his or her
children have been diagnosed since birth.
HOUSE OF REPRESENTATIVES 3699
(3) The Medical Information Exchange Questionnaire shall
include a space where the registrant may authorize the release of
the Medical Information Exchange Questionnaire to specified
parties and a disclaimer informing registrants that the
Department of Public Health cannot guarantee the accuracy of
medical information exchanged through the Registry.
(c) Written statement. All registrants shall be given the
opportunity to voluntarily file a written statement with the
Registry. This statement shall be submitted in the space provided.
No written statement submitted to the Registry shall include
identifying information pertaining to any person other than the
registrant who submitted it. Any such identifying information shall
be redacted by the Department or returned for removal of identifying
information.
(d) Contact information. All registrants may indicate their
wishes regarding contact with any other registrant by completing an
Information Exchange Authorization or a Denial of Information
Exchange.
(1) Information Exchange Authorization. Adopted or
surrendered persons 21 years of age or over who would welcome
contact with one or more of their birth parents or birth
siblings; birth parents who would welcome contact with an adopted
or surrendered person, or one or more of his or her adoptive
parents or legal guardians; birth siblings 21 years of age or
over who were adopted or surrendered and who would welcome
contact with an adopted or surrendered person, or one or more of
his or her adoptive parents or legal guardians; birth siblings 21
years of age or over who were not surrendered and who have
submitted proof of death for any common birth parent who did not
file a Denial of Information Exchange prior to his or her death,
and who would welcome contact with an adopted or surrendered
person, or one or more of his or her adoptive parents or legal
guardians; and adoptive parents or legal guardians of adopted or
surrendered persons under the age of 21 who would welcome contact
with one or more of the adopted or surrendered person's birth
parents or birth siblings may specify with whom they wish to
exchange identifying information by filing an Information
Exchange Authorization at the time of the adoption or surrender,
or any time thereafter.
(2) Denial of Information Exchange. Adopted or surrendered
persons 21 years of age or over who do not wish to establish
contact with one or more of their birth parents or birth siblings
may specify with whom they do not wish to exchange identifying
information by filing a Denial of Information Exchange. Birth
parents or birth siblings who do not wish to establish contact
with an adopted or surrendered person or one or more of his or
her adoptive parents or legal guardians may specify with whom
they do not wish to exchange identifying information by filing a
Denial of Information Exchange at the time of the adoption or
surrender, or any time thereafter. Adoptive parents or legal
guardians of adopted or surrendered persons under the age of 21
who do not wish to establish contact with one or more of the
adopted or surrendered person's birth parents or birth siblings
may specify with whom they do not wish to exchange identifying
information by filing a Denial of Information Exchange at the
time of the adoption or surrender, or any time thereafter. The
Illinois Adoption Registry Application does not need to be
completed in order to file a Denial of Information Exchange.
(e) A registrant may complete all or any part of the Illinois
Adoption Registry Application. All Illinois Adoption Registry
Applications, Information Exchange Authorizations, Denials of
3700 JOURNAL OF THE [May 7, 1999]
Information Exchange, requests to revoke an Information Exchange
Authorization or Denial of Information Exchange, and affidavits
submitted to the Registry shall be accompanied by proof of
identification.
(f) The Department shall establish the Illinois Adoption
Registry Application form including the Medical Information Exchange
Questionnaire by rule.
(750 ILCS 50/18.1c new)
Sec. 18.1c. Effective date of registration. Registration with
the Illinois Adoption Registry and Medical Information Exchange shall
become effective as soon as the applicant's completed Illinois
Adoption Registry Application has been filed with the Registry.
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
Sec. 18.2. Forms.
(a) The form of the Birth Biological Parent Registration
Identification Form shall be substantially as follows:
BIRTH BIOLOGICAL PARENT REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state that I am the ...... (mother or father) of the
following child:
Child's original name: ..... (first) ..... (middle) ..... (last),
..... (hour of birth), ..... (date of birth), ..... (city
and state of birth), ..... (name of hospital).
Father's full name: ...... (first) ...... (middle) ..... (last),
..... (date of birth), ..... (city and state of birth).
Name of mother inserted on birth certificate: ..... (first) .....
(middle) ..... (last), ..... (race), ..... (date of birth),
...... (city and state of birth).
That I surrendered my child to: ............. (name of agency), .....
(city and state of agency), ..... (approximate date child
surrendered).
That I placed gave up my child by private adoption: ..... (date),
...... (city and state).
Name of adoptive parents, if known: ......
Other identifying information: .....
........................
(Signature of parent)
............ ........................
(date) (printed name of parent)
(b) The form of the Adopted Person Adoptee Registration
Identification shall be substantially as follows:
ADOPTED PERSON ADOPTEE
REGISTRATION IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Adopted Person's Adoptee's present name: ..... (first) .....
(middle) ..... (last).
Adopted Person's Adoptee's name at birth (if known): .....
(first) ..... (middle) ..... (last), ..... (birth date),
..... (city and state of birth), ...... (sex), ..... (race).
Name of adoptive father: ..... (first) ..... (middle) .....
(last), ..... (race).
Maiden name of adoptive mother: ..... (first) ..... (middle)
..... (last), ..... (race).
Name of birth biological mother (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name of birth biological father (if known): ..... (first) .....
(middle) ..... (last), ..... (race).
Name(s) at birth of sibling(s) having a common birth biological
parent with adoptee (if known): ..... (first) ..... (middle)
..... (last), ..... (race), and name of common birth
HOUSE OF REPRESENTATIVES 3701
biological parent: ..... (first) ..... (middle) .....
(last), ..... (race).
I was adopted through: ..... (name of agency).
I was adopted privately: ..... (state "yes" if known).
I was adopted in ..... (city and state), ..... (approximate date).
Other identifying information: .............
......................
(signature of adoptee)
........... .........................
(date) (printed name of adoptee)
(c) The form of the Surrendered Person Child Registration
Identification shall be substantially as follows:
SURRENDERED PERSON CHILD REGISTRATION
IDENTIFICATION
(Insert all known information)
I, ....., state the following:
Surrendered Person's Child's present name: ..... (first) .....
(middle) ..... (last).
Surrendered Person's Child's name at birth (if known): .....
(first) ..... (middle) ..... (last), .....(birth date),
..... (city and state of birth), ...... (sex), ..... (race).
Name of guardian father: ..... (first) ..... (middle) .....
(last), ..... (race).
Maiden name of guardian mother: ..... (first) ..... (middle)
..... (last), ..... (race).
Name of birth biological mother (if known): ..... (first) .....
(middle) ..... (last) ..... (race).
Name of birth biological father (if known): ..... (first) .....
(middle) ..... (last), .....(race).
Name(s) at birth of sibling(s) having a common birth biological
parent with surrendered person adoptee (if known): .....
(first) ..... (middle) ..... (last), ..... (race), and name
of common birth biological parent: ..... (first) .....
(middle) ..... (last), ..... (race).
I was surrendered for adoption to: ..... (name of agency).
I was surrendered for adoption in ..... (city and state), .....
(approximate date).
Other identifying information: ............
................................
(signature of surrendered person child)
............ ......................
(date) (printed name of person child
surrendered for adoption)
(d) The form of the Information Exchange Authorization shall be
substantially as follows:
INFORMATION EXCHANGE AUTHORIZATION
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of ..... years;
that I hereby authorize the Department of Public Health to give to my
(birth biological parent) (birth biological sibling) (surrendered
child) the following (please check the information authorized for
exchange):
[ ] 1. Only my name and last known address.
[ ] 2. A copy of my Illinois Adoption Registry
Application.
[ ] 3. A copy of the original certificate of live birth.
necessary information so I can be contacted; that
I am fully aware that I can only be supplied with any information
about the name and last known address of my (birth biological parent)
(birth biological sibling) (surrendered child) if such person has
duly executed an Information Exchange Authorization for such
3702 JOURNAL OF THE [May 7, 1999]
information which has not been revoked; that I can be contacted by
writing to: ..... (own name or name of person to contact) (address)
(phone number). Dated (insert date). this ..... day of ....., 19...
............ ..............
(witness) (signature)
(e) The form of the Denial of Information Exchange shall be
substantially as follows:
DENIAL OF INFORMATION EXCHANGE
I, ....., state that I am the person who completed the
Registration Identification; that I am of the age of ..... years;
that I hereby instruct the Department of Public Health not to give
any identifying information about me to my (birth biological parent)
(birth biological sibling) (surrendered child); that I do not wish to
be contacted.
Dated (insert date). this .... day of ......, 19...
............. ...............
(witness) (signature)
(f) The Information Exchange Authorization and the Denial of
Information Exchange shall be acknowledged by the birth biological
parent, birth biological sibling, adopted adoptee or surrendered
person, adoptive parent, or legal guardian child before a notary
public, in form substantially as follows:
State of ..............
County of .............
I, a Notary Public, in and for the said County, in the State
aforesaid, do hereby certify that ............... personally known to
me to be the same person whose name is subscribed to the foregoing
certificate of acknowledgement, appeared before me in person and
acknowledged that (he or she) signed such certificate as (his or her)
free and voluntary act and that the statements in such certificate
are true.
Given under my hand and notarial seal on (insert date). this
....... day of .........., 19...
.........................
(signature)
(g) When the execution of an Information Exchange Authorization
or a Denial of Information Exchange is acknowledged before a
representative of an agency, such representative shall have his
signature on said Certificate acknowledged before a notary public, in
form substantially as follows:
State of..........
County of.........
I, a Notary Public, in and for the said County, in the State
aforesaid, do hereby certify that ..... personally known to me to be
the same person whose name is subscribed to the foregoing certificate
of acknowledgement, appeared before me in person and acknowledged
that (he or she) signed such certificate as (his or her) free and
voluntary act and that the statements in such certificate are true.
Given under my hand and notarial seal on (insert date). this
..... day of ........., 19...
.......................
(signature)
(h) When Where an Illinois Adoption Registry Application,
Information Exchange Authorization or a Denial of Information
Exchange is executed signed in a foreign country, the execution of
such document shall be acknowledged or affirmed before an officer of
the United States consular services in a manner conformable to the
law and procedure of such country.
(i) If the person signing an Information Exchange Authorization
or a Denial of Information is in the military service of the United
States, the execution of such document may be acknowledged before a
HOUSE OF REPRESENTATIVES 3703
commissioned officer and the signature of such officer on such
certificate shall be verified or acknowledged before a notary public
or by such other procedure as is then in effect for such division or
branch of the armed forces.
(j) The Department shall modify these forms as necessary to
implement the provisions of this Amendatory Act of 1999 including
creating Registration Identification Forms for non-surrendered birth
siblings, adoptive parents and legal guardians.
(Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
(750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
Sec. 18.3.
(a) The agency, Department of Children and Family Services,
Court Supportive Services, Juvenile Division of the Circuit Court,
Probation Officers of the Circuit Court and any other party to the
surrender of a child for adoption or in an adoption proceeding shall
obtain from any birth biological parent or parents giving up a child
for purposes of adoption after the effective date of this Act a
written statement which indicates: (1) a desire to have identifying
information shared with the adopted or surrendered person child at a
later date; (2) a desire not to have identifying information
revealed; or (3) that no decision is made at that time. In
addition, the agency, Department of Children and Family Services,
Court Supportive Services, Juvenile Division of the Circuit Court,
and any other organization involved in the surrender of a child for
adoption in an adoption proceeding shall inform the birth parent or
parents of a child born, adopted or surrendered in Illinois of the
existence of the Illinois Adoption Registry and Medical Information
Exchange and provide them with the necessary application forms and if
requested, assistance with completing the forms.
(b) When the written statement is signed, the birth biological
parent or parents shall be informed in writing that their decision
regarding the sharing of identifying information can be made or
changed by such birth biological parent or parents at any future
date.
(c) The birth biological parent shall be informed in writing
that if sharing of identifying information with the adopted or
surrendered person child is to occur, that the he or she child must
be 21 years of age or over; or if under the age of 21 with written
consent of both adoptive parents, with written consent of a single
adoptive parent, with proof of death of one adoptive parent and
written consent of the surviving adoptive parent, or with written
consent of the guardian of the child.
(d) If the birth biological parent or parents indicate a desire
to share identifying information with the adopted or surrendered
person child, the birth parent shall complete an Information Exchange
Authorization. statement shall contain information regarding means to
communicate with the biological parent.
(e) Any birth biological parent or parents requesting that no
identifying information be revealed to the adopted adoptee or
surrendered person child shall be informed that such request will be
conveyed to the adopted adoptee or surrendered person child if the he
or she adoptee or surrendered child requests such information; and
such identifying information shall not be revealed.
(f) Any adopted adoptee or surrendered person child 21 years of
age or over, and any adoptee under 21 years of age with written
consent of the adoptive parents, the surviving adoptive parent, a
single adoptive parent or the guardian of the child may also indicate
in writing his or her desire or lack of desire to share identifying
information with the birth biological parent or parents or birth
biological sibling or siblings. Any adopted adoptee or surrendered
person child requesting that no identifying information be revealed
3704 JOURNAL OF THE [May 7, 1999]
to the birth biological parent or birth biological sibling shall be
informed that such request shall be conveyed to the parent if such
birth biological parent or birth biological sibling requests such
information; and such identifying information shall not be revealed.
(g) Any birth biological parents , birth sibling and adopted
adoptees or surrendered person, adoptive parent or legal guardian
children indicating their desire to receive have identifying or
medical information shall be informed of the existence of the
Registry and assistance shall be given to such person biological
parent, adoptee or surrendered child to also legally record his or
her name with the Registry.
(h) The agency, Department of Children and Family Services,
Court Supportive Services, Juvenile Division of the Circuit Court,
Probation Officers of the Circuit Court and any other organization
involved in the surrender of a child for adoption in an adoption
proceeding which has written statements from an adopted adoptee or
surrendered person child and the birth biological parent or a birth
biological sibling indicating a desire to receive identifying
information shall supply such information to the mutually consenting
parties, except that no identifying information shall be supplied to
consenting birth biological siblings if any such sibling is under 21
years of age. However, both the Registry having an Information
Exchange Authorization and the organization having a written
statement requesting identifying information shall communicate with
each other to determine if the adopted adoptee or surrendered person
child or the birth biological parent or birth biological sibling has
signed a form at a later date indicating a change in his or her
desires regarding the sharing of information. The agreement of the
birth biological parent shall be binding.
(i) On and after January 1, 2000, any licensed child welfare
agency which provides post-adoption search assistance to adoptive
parents, adopted persons, birth parents, or birth siblings shall
require that any person requesting post-adoption search assistance
complete an Illinois Adoption Registry Application prior to the
commencement of the search.
(Source: P.A. 86-1451.)
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other provision of
this Act, any adopted person adoptee over the age of 21 18 or any
adoptive parent or legal guardian of an adopted person adoptee under
the age of 21 18 may petition the court for appointment of a
confidential intermediary as provided in this Section for the purpose
of obtaining from one or both birth biological parents or a sibling
or siblings of the adopted person adoptee information concerning the
background of a psychological or genetically-based medical problem
experienced or which may be expected to be experienced in the future
by the adopted person adoptee or obtaining assistance in treating
such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if the
petitioner shows the following:
(1) the adopted person adoptee is suffering or may be
expected to suffer in the future from a life-threatening or
substantially incapacitating physical illness of any nature, or a
psychological disturbance which is substantially incapacitating
but not life-threatening, or a mental illness which, in the
opinion of a physician licensed to practice medicine in all its
branches, is or could be genetically based to a significant
degree;
(2) the treatment of the adopted person adoptee, in the
HOUSE OF REPRESENTATIVES 3705
opinion of a physician licensed to practice medicine in all of
its branches, would be materially assisted by information
obtainable from the birth biological parents or might benefit
from the provision of organs or other bodily tissues, materials,
or fluids by the birth biological parents or other close
biological relatives; and
(3) there is neither an Information Exchange Authorization
nor a Denial of Information Exchange filed in the Registry as
provided in Section 18.1.
The affidavit or testimony of the treating physician shall be
conclusive on the issue of the utility of contact with the birth
biological parents unless the court finds that the relationship
between the illness to be treated and the alleged need for contact is
totally without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment of the
intermediary's fees and expenses in advance, unless the intermediary
waives the right to full advance payment or to any reimbursement at
all.
(d) Eligibility of intermediary. The court may appoint as
confidential intermediary either an employee of the Illinois
Department of Children and Family Services designated by the
Department to serve as such, any other person certified by the
Department as qualified to serve as a confidential intermediary, or
any employee of a licensed child welfare agency certified by the
agency as qualified to serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law, the
confidential intermediary shall have access to all records of the
court or any agency, public or private, which relate to the adoption
or the identity and location of any birth biological parent.
(f) Purposes of contact. The confidential intermediary has only
the following powers and duties:
(1) To contact one or both birth biological parents, inform
the parent or parents of the basic medical problem of the adopted
person adoptee and the nature of the information or assistance
sought from the birth biological parent, and inform the parent or
parents of the following options:
(A) The birth biological parent may totally reject the
request for assistance or information, or both, and no
disclosure of identity or location shall be made to the
petitioner.
(B) The birth biological parent may file an
Information Exchange Authorization as provided in Section
18.1. The confidential intermediary shall explain to the
birth biological parent the consequences of such a filing,
including that the birth biological parent's identity will
be available for discovery by the adopted person adoptee. If
the birth biological parent agrees to this option, the
confidential intermediary shall supply the parent with the
appropriate forms, shall be responsible for their immediate
filing with the Registry, and shall inform the petitioner of
their filing.
(C) If the birth biological parent wishes to provide
the information or assistance sought but does not wish his
or her identity disclosed, the confidential intermediary
shall arrange for the disclosure of the information or the
provision of assistance in as confidential a manner as
possible so as to protect the privacy of the birth
biological parent and minimize the likelihood of disclosure
of the birth biological parent's identity.
(2) If a birth biological parent so desires, to arrange for
3706 JOURNAL OF THE [May 7, 1999]
a confidential communication with the treating physician to
discuss the need for the requested information or assistance.
(3) If a birth biological parent agrees to provide the
information or assistance sought but wishes to maintain his or
her privacy, to arrange for the provision of the information or
assistance to the physician in as confidential a manner as
possible so as to protect the privacy of the birth biological
parent and minimize the likelihood of disclosure of the birth
biological parent's identity.
(g) Oath. The confidential intermediary shall sign an oath of
confidentiality substantially as follows:
"I, .........., being duly sworn, on oath depose and say:
As a condition of appointment as a confidential intermediary, I
affirm that:
(1) I will not disclose to the petitioner, directly or
indirectly, any information about the identity or location of the
birth biological parent whose assistance is being sought for
medical reasons except in a manner consistent with the law.
(2) I recognize that violation of this oath subjects me to
civil liability and to being found in contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on
(insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly discloses
information identifying a birth biological parent shall be liable
to the birth biological parent for damages and may also be found
in contempt of court.
(2) Any physician or other person who learns a birth
biological parent's identity, directly or indirectly, through the
use of procedures provided in this Section and who improperly
discloses information identifying the birth biological parent
shall be liable to the birth biological parent for actual damages
plus minimum punitive damages of $10,000.
(i) Death of birth biological parent. Notwithstanding any other
provision of this Act, if the confidential intermediary discovers
that the person whose assistance is sought has died, he or she shall
report this fact to the court, along with a copy of the death
certificate if possible.
(Source: P.A. 86-1451; revised 10-20-98.)
(750 ILCS 50/18.4a) (from Ch. 40, par. 1522.4a)
Sec. 18.4a. Medical and mental health histories.
(a) Notwithstanding any other provision of law to the contrary,
to the extent currently in possession of the agency, the medical and
mental health histories of a child legally freed for adoption and of
the birth biological parents, with information identifying the birth
biological parents eliminated, shall be provided by an agency to the
child's prospective adoptive parent and shall be provided upon
request to an adoptive parent when a child has been adopted. The
medical and mental health histories shall include all the following
available information:
(1) Conditions or diseases believed to be hereditary.
(2) Drugs or medications taken by the child's birth
biological mother during pregnancy.
(3) Psychological and psychiatric information.
(4) Any other information that may be a factor influencing
the child's present or future health.
(b) The Department of Children and Family Services may
promulgate rules and regulations governing the release of medical
histories under this Section.
HOUSE OF REPRESENTATIVES 3707
(Source: P.A. 87-617.)
(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
Sec. 18.5. Liability. No liability shall attach to the State,
any agency thereof, any licensed agency, any judge, any officer or
employee of the court, or any party or employee thereof involved in
the surrender of a child for adoption or in an adoption proceeding
for acts or efforts made within the scope of Sections 18.05 18.1 thru
18.5, inclusive, of this Act and under pursuant to its provisions,
except for subsection (f) of Section 18.1.
(Source: P.A. 86-304.)
(750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
Sec. 18.6. Registry fees. The Department of Public Health shall
levy a fee for each registrant under Sections 18.05 18.1 through
18.5. A $40 fee shall be charged for registering with the Illinois
Adoption Registry and Medical Information Exchange. However, this
fee shall be waived for all adopted or surrendered persons, adoptive
parents, legal guardians, birth parents, and birth siblings who
complete a Medical Information Exchange Questionnaire at the time of
registration and authorize its release to specified registered
parties, and for adoptive parents registering within 12 months of the
finalization of the adoption. All persons who were registered with
the Illinois Adoption Registry prior to the effective date of this
amendatory Act of the 1999 and who wish to update their registration
may do so without charge. No charge of any kind shall be made for the
withdrawal of any form provided in Section 18.2 a registration or
consent form.
(Source: P.A. 87-318.)
(750 ILCS 50/18.7 new)
Sec. 18.7. Illinois Adoption Registry and Medical Information
Exchange Fund. There is created in the State treasury a special fund
to be known as the Illinois Adoption Registry and Medical Information
Exchange Fund. All fees collected by the Illinois Adoption Registry
under this amendatory Act of 1999 shall be deposited into the Fund.
Subject to appropriation, the amounts in the Fund shall be used by
the Department of Public Health to conduct activities related to
maintaining the Illinois Adoption Registry and Medical Information
Exchange and issuing any documents and forms related to the Illinois
Adoption Registry and Medical Information Exchange.
(750 ILCS 50/18.8 new)
Sec. 18.8. Improper disclosure of identifying information. All
information submitted to the Registry is confidential and gathered by
the State solely for the purpose of facilitating the exchange of
updated medical data and contact information between adopted and
surrendered persons and other registered parties. Information
exchanged through the Registry shall not be admissible as evidence
nor discoverable in any action of any kind in any court or before any
tribunal, board, agency, or commission. Disclosure of identifying
information in violation of this Act is a Class A misdemeanor.
Section 99. Effective date. This Act takes effect January 1,
2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 631 was on the Calendar on the order of
Concurrence.
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
3708 JOURNAL OF THE [May 7, 1999]
to-wit:
HOUSE BILL 720
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 11-503.
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. 720.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 720 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by adding Section
11-601.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by adding
Section 11-601.5 as follows:
(625 ILCS 5/11-601.5 new)
Sec. 11-601.5. Driving 40 miles per hour or more in excess of
applicable limit. A person who drives a vehicle upon any highway of
this State at a speed that is 40 miles per hour or more in excess of
the applicable maximum speed limit established under this Chapter or
a local ordinance commits a Class A misdemeanor.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 720 was placed on the Calendar on the order of
Concurrence.
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 734
A bill for AN ACT in relation to gang control, 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. 734.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
HOUSE OF REPRESENTATIVES 3709
AMENDMENT NO. 1. Amend House Bill 734 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by changing Section
12-4."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Section 12-4 as follows:
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated battery
if he or she:
(1) Uses a deadly weapon other than by the discharge of a
firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or other
person employed in any school and such teacher or other employee
is upon the grounds of a school or grounds adjacent thereto, or
is in any part of a building used for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or other
employee is upon the grounds of the park or grounds adjacent
thereto, or is in any part of a building used for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State Department of
Public Aid, a County Department of Public Aid, or the Department
of Human Services (acting as successor to the Illinois Department
of Public Aid under the Department of Human Services Act) and
such caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent thereto, or is
in any part of a building used for public aid purposes, or upon
the grounds of a home of a public aid applicant, recipient, or
any other person being interviewed or investigated in the
employee's discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant,
recipient, or other such person resides or is located;
(6) Knows the individual harmed to be a peace officer, a
community policing volunteer, a correctional institution
employee, or a fireman while such officer, volunteer, employee or
fireman is engaged in the execution of any official duties
including arrest or attempted arrest, or to prevent the officer,
volunteer, employee or fireman from performing official duties,
or in retaliation for the officer, volunteer, employee or fireman
performing official duties, and the battery is committed other
than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance
driver or other medical assistance or first aid personnel engaged
in the performance of any of his or her official duties, or to
prevent the emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing official duties, or in retaliation
for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
3710 JOURNAL OF THE [May 7, 1999]
amusement;
(9) Knows the individual harmed to be the driver, operator,
employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire
and the individual assaulted is then performing in such capacity
or then using such public transportation as a passenger or using
any area of any description designated by the transportation
facility or system as a vehicle boarding, departure, or transfer
location;
(10) Knowingly and without legal justification and by any
means causes bodily harm to an individual of 60 years of age or
older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's performance of
his or her official duties as a judge;
(13) Knows the individual harmed to be an employee of the
Illinois Department of Children and Family Services engaged in
the performance of his authorized duties as such employee;
(14) Knows the individual harmed to be a person who is
physically handicapped; or
(15) Knowingly and without legal justification and by any
means causes bodily harm to a merchant who detains the person for
an alleged commission of retail theft under Section 16A-5 of this
Code. In this item (15), "merchant" has the meaning ascribed to
it in Section 16A-2.4 of this Code.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who suffers from
a permanent and disabling physical characteristic, resulting from
disease, injury, functional disorder or congenital condition.
(c) A person who administers to an individual or causes him to
take, without his consent or by threat or deception, and for other
than medical purposes, any intoxicating, poisonous, stupefying,
narcotic, anesthetic, or controlled substance commits aggravated
battery.
(d) A person who knowingly gives to another person any food that
contains any substance or object that is intended to cause physical
injury if eaten, commits aggravated battery.
(d-5) An inmate of a penal institution who causes or attempts to
cause a correctional employee of the penal institution to come into
contact with blood, seminal fluid, urine, or feces, by throwing,
tossing, or expelling that fluid or material commits aggravated
battery. For purposes of this subsection (d-5), "correctional
employee" means a person who is employed by a penal institution.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 90-651, eff.
1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 734 was placed on the Calendar on the order of
Concurrence.
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 OF REPRESENTATIVES 3711
HOUSE BILL 800
A bill for AN ACT concerning contact lenses.
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. 800.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 800, on page 1, immediately
below line 16, by inserting the following:
""Physician" means a person licensed to practice medicine in all
its branches under the Medical Practice Act of 1987."; and
on page 1, in line 27, after "Board", by inserting "and the Medical
Licensing Board"; and
on page 1, in line 28, by replacing "Board" with "Boards"; and
on page 1, in line 28, by replacing "it makes" with "they make".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 800 was placed on the Calendar on the order of
Concurrence.
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 806
A bill for AN ACT to amend the Metropolitan Pier and Exposition
Authority Act by changing Sections 22, 23.1, 24, and 25.1.
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. 806.
Passed the Senate, as amended, May 7, 1999.
Jim Harry, Secretary of the Senate
Amendment NO. 1. Amend House Bill 806 on page 8, lines 17 and
24, by replacing "$25,000" each time it appears with "$10,000"; and
on page 8, line 22, by inserting ", when the cost will exceed
$30,000," after "construction contracts"; and
on page 9, line 7, by inserting ", facsimile," after "telephone"; and
on page 9, line 14, by inserting "construction contracts involving
less than $30,000 and all other" after "All" and by replacing
3712 JOURNAL OF THE [May 7, 1999]
"$25,000" with "$10,000"; and
on page 10, line 20, by replacing "$25,000" with "$10,000 (or $30,000
in the case of construction contracts)"; and
on page 11, line 8, by replacing "$25,000" with "$10,000".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 806 was placed on the Calendar on the order of
Concurrence.
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 2308
A bill for AN ACT to amend the Hospital District Law by changing
Section 10.
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. 2308.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2308 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Hospital District Law is amended by changing
Section 10 as follows:
(70 ILCS 910/10) (from Ch. 23, par. 1260)
Sec. 10. Petitions for annexation; petitions to detach
previously annexed territory. A petition for annexation of land to
a Hospital District shall be signed by not less than 10% or 50
voters, whichever is fewer, residing within the territory therein
described proposed for annexation and shall be filed with the circuit
clerk of the county in which the District or the greater portion
thereof is situated, and shall be addressed to the circuit court. A
hearing shall be held thereon as nearly as possible as in the case of
a formation petition. If upon the hearing, the court finds that the
petition is sufficient it shall certify the proposition to the proper
election officials, who shall submit the question to the voters at an
election in accordance with the general election law. The
proposition shall be substantially in the following form:
---------------------------------------------------------------------
Shall (description of territory) YES
be annexed to the.... Hospital -------------------------------
District? NO
---------------------------------------------------------------------
If a majority of the votes cast on the proposition in the District
and in the territory described in the petition respectively, are in
favor of annexation the court shall by order declare the territory
annexed and shall describe the altered boundaries of the District.
HOUSE OF REPRESENTATIVES 3713
In addition to the above, within 60 days after the entry of an
order by a court under Section 8 of this Act evidencing the
organization of a Hospital District, not less than 50% of the legal
voters residing within any municipality or any civil township (or
congressional township in counties under commission form of
government) or such fractional part of either type of township as is
included within such District may file a petition for the detachment
of such territory with the circuit clerk of the county in which the
District or the greater portion thereof is situated addressed to the
circuit court for such county; provided, that such detachment is not
permissible if it will destroy the contiguity of the territory of the
District. In the case of a hospital district created prior to
September 15, 1950 with territory located partially within two
different counties, where less than 10% of the population of the
district is located in one county, the legal voters residing in that
part of the hospital district located within the county representing
less than 10% of the population of said hospital district may file a
petition for detachment at any time. A hearing shall be held thereon
as nearly as possible as in the case of a formation petition. If upon
the hearing, the court finds that the petition is sufficient it shall
certify the proposition to the proper election officials, who shall
submit the question to the voters at an election in accordance with
the general election law. The proposition shall be substantially in
the following form:
---------------------------------------------------------------------
Shall the (described) territory YES
be detached from the.... Hospital -----------------------------
District? NO
---------------------------------------------------------------------
If a majority of the votes cast on the proposition are in favor
of detachment of the territory, the court shall by order declare the
territory detached and shall describe the altered boundaries of the
District.
If territory is disconnected from a district, the property owners
in such territory are still responsible for the proportionate debt of
any outstanding bonded indebtedness at the time of disconnection.
Also in addition, within 24 months after the effective date of
this amendatory Act of the 91st General Assembly, the legal voters
residing within a hospital district may file a petition for
detachment from the hospital district where (i) the territory sought
to be detached was added to the hospital district by way of
annexation; and (ii) the equalized assessed valuation of the
territory sought to be detached constitutes less than 25% of the
equalized assessed valuation of the hospital district. The petition
must be signed by not less than 5% of the legal voters of the
territory sought to be detached. Detachment is not permissible if it
would destroy the contiguity of the territory of the District. A
hearing shall be held on the petition as nearly as possible as in the
case of a formation petition. If upon the hearing, the court finds
that the petition is sufficient, it shall certify the proposition to
the proper election officials, who shall submit the question to the
legal voters of the territory proposed to be detached at an election
in accordance with the general election law. The proposition shall
be substantially in the following form:
---------------------------------------------------------------------
Shall the (described) territory YES
be detached from the.... Hospital -----------------------------
District? NO
---------------------------------------------------------------------
If a majority of the votes cast on the proposition are in favor
of detachment of the territory, the court shall by order declare the
3714 JOURNAL OF THE [May 7, 1999]
territory detached and shall describe the altered boundaries of the
District.
If territory is disconnected from a district, the property owners
in that territory are still responsible for the proportionate debt of
any outstanding bonded indebtedness at the time of disconnection.
(Source: P.A. 81-1550.)
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 2308 was placed on the Calendar on the order of
Concurrence.
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 2310
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-7.3.
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. 2310.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2310, on page 1, line 11, by
deleting "or harasses"; and
on page 2, by deleting lines 21 through 25; and
on page 2, line 26, by changing "(h)" to "(g)"; and
on page 2, line 30, by changing "(i)" to "(h)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2310 was placed on the Calendar on the order of
Concurrence.
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 2593
A bill for AN ACT to amend the Women's Business Ownership Act by
repealing Section 20.
HOUSE OF REPRESENTATIVES 3715
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. 2593.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2593 by replacing the title
with the following:
"AN ACT to amend the Women's Business Ownership Act by changing
Section 20."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Women's Business Ownership Act is amended by
changing Section 20 as follows:
(20 ILCS 705/20)
(Section scheduled to be repealed on September 1, 1999)
Sec. 20. Repeal. This Act is repealed September 1, 2004 1999.
(Source: P.A. 88-597, eff. 8-28-94.)
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 2593 was placed on the Calendar on the order of
Concurrence.
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 2605
A bill for AN ACT to create the Illinois Rivers-Friendly Farmer
Program 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. 2605.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2605 as follows:
on page 1, by replacing lines 22 through 28 with the following:
"(1) Soil loss on cropland is at or below the tolerable soil
loss level as certified by a local Soil and Water Conservation
District.
(2) An approved farm conservation plan is on file at the local
3716 JOURNAL OF THE [May 7, 1999]
Soil and Water Conservation District office.
(3) If the farm is required to have a vegetative filter strip,
adjacent to a body of water, the strip was constructed in accordance
with the USDA Natural Resources Conservation Service Technical Guide.
(4) Evidence of participation in programs such as the USDA's
Conservation Reserve Program, Conservation Reserve Enhancement
Program, and Environmental Quality Incentives Program, or the
Department's Conservation 2000 Conservation Practices Program, and
Agricultural Areas in accordance with Illinois' Agricultural Areas
Conservation and Protection Act, can be considered but is not
required to be designated as a "Rivers-Friendly Farmer"."; and
on page 2, by deleting lines 1 through 22; and
on page 2, below line 24, by inserting the following:
"Section 30. Processing Fee. Any local Soil and Water
Conservation District that chooses to review a written application
for the "Rivers-Friendly Farmer" designation may collect a reasonable
fee for services rendered.
The Department of Agriculture may collect an administrative
filing fee of $15 for each application for a "Rivers-Friendly Farmer"
designation. In addition, the Department shall collect an amount
equal to the cost of providing a sign that designates a farmer as a
"Rivers-Friendly Farmer".
All moneys collected by the Department shall be deposited into a
promotional trust account as provided in Section 40.7 of the Civil
Administrative Code of Illinois. Funds collected shall be used for
the purposes of the program authorized by this Act.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2605 was placed on the Calendar on the order of
Concurrence.
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 2630
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 4-105.1.
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. 2630.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2630, on page 2 in line 3 by
removing the underscored and restoring the stricken language, and by
replacing lines 5 and 6 with the following:
"subsequent time, within 5 years of any prior convictions under this
Section, shall be guilty of a Class 3 4 felony."
HOUSE OF REPRESENTATIVES 3717
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2630 was placed on the Calendar on the order of
Concurrence.
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 2698
A bill for AN ACT to amend the Township Code by changing Section
115-5.
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. 2698.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2698 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT to amend the Township Code."; and
on page 1, by replacing line 6 with the following:
"Sections 115-5, 115-20, 115-30, 115-35, 115-40, and 115-55 as
follows:"; and
on page 2, below line 23, by inserting the following:
"(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space plan, or
if a petition is filed by not less than 5% or 50, whichever is
greater, of the registered voters of the township (according to the
voting registration records at the time the petition is filed)
recommending adoption of the open space plan, then the Board, within
30 days of making of the recommendation or the filing of the
petition, shall file a petition with the township clerk, requesting
the clerk to submit to the voters of the township the question of
whether the township shall adopt the open space plan and enter upon
an open space program, with the power to acquire open land by
purchase, condemnation (except townships in counties having a
population of more than 150,000 but not more than 250,000), or
otherwise in the township and with the power to issue bonds for those
purposes under this Article. The township clerk shall certify that
proposition to the proper election officials, who shall submit the
proposition to the township voters at the next regular election. The
referendum shall be conducted and notice given in accordance with the
general election law.
(b) The question submitted to the voters at the election shall
be in substantially the following form:
Shall (name of township) adopt the open space plan
considered at the public hearing on (date) and enter upon an open
space program, and shall the Township Board have the power (i) to
acquire open land by purchase, (insert ", condemnation," if the
3718 JOURNAL OF THE [May 7, 1999]
township is in a county having a population of more than
250,000), or otherwise, (ii) to issue bonds for open space
purposes in an amount not exceeding 5% of the valuation of all
taxable property in the township, and (iii) to levy a tax to pay
the principal of and interest on those bonds, as provided in
Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election on the
question vote in favor of the question, the township shall thereafter
adopt the open space plan recommended by the board or by the petition
of the registered voters of the township and shall enter upon an open
space program under this Article. If the proposition does not receive
the approval of a majority of the voters voting at the election on
the question, no proposition may be submitted to the voters under
this Section less than 23 months after the date of the election.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-30)
Sec. 115-30. Property within municipality; petition; referendum.
(a) If the open space plan recommended for adoption under
Section 115-20 contains property that is situated within the
corporate boundaries of a municipality, the corporate authorities of
the municipality may, within 30 days of the recommendation, vote to
authorize the board of a township in a county having a population of
more than 250,000 to acquire by condemnation property that is
situated within the municipality's corporate boundaries. If the
corporate authorities of the municipality fail to act within that 30
day period, then none of the property included in the open space plan
that is situated within the municipality shall be acquired by the
board by condemnation. The municipality's failure to act constitutes
a denial of authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to
either authorize or deny the board the authority to acquire by
condemnation that property included in the open space plan that is
situated within the corporate boundaries of the municipality, a
petition is filed with the township clerk, signed by not less than
15% of the registered voters of the municipality residing within the
township (according to the voting registration records at the time
the petition is filed), requesting that the question of whether the
board shall be granted authority to acquire property within its
corporate boundaries by condemnation be submitted to the voters of
the municipality residing within the township, then the question
shall be submitted to those voters in the form of a proposition. The
petition shall state the public question to be submitted and contain
a common description of the territory in plain and nonlegal language.
The description shall describe the territory by reference to streets,
natural or artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to the
proper election officials, who shall submit the proposition to the
voters of the municipality who reside within the township. The
referendum shall appear on the ballot at the same election as the
referendum required in Section 115-20. Except as otherwise provided
in this Section, the referendum shall be conducted and notice given
in accordance with the general election law. The question submitted
to the voters at the election shall be in substantially the following
form:
Shall the Township Board of (name of township in a county
having a population of more than 250,000) have the authority to
acquire by condemnation open land that is situated within the
corporate boundaries of (name of municipality) for open space
HOUSE OF REPRESENTATIVES 3719
purposes?
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the
description of the territory proposed to be acquired as set forth in
the petition. If the election authority determines that the
description cannot be included within the space limitations of the
ballot, the election authority shall prepare large printed copies of
a notice of the public question that include the description. The
notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the
question vote in favor of the question, then the board may acquire by
condemnation open land that is situated within the corporate
boundaries of the municipality and included in the open space plan
recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the
board the authority to acquire by condemnation property that is
situated within the municipality's boundaries and the referendum does
not appear on the ballot at the election specified in this Section,
or if the proposition fails to receive the vote of a majority of the
voters voting on the question, then the board may not acquire the
property by condemnation.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-35)
Sec. 115-35. Property contiguous to municipality; petition;
referendum.
(a) If the open space plan recommended for adoption under
Section 115-20 contains property that is contiguous to the corporate
boundaries of one or more municipalities, the corporate authorities
of any of those municipalities may, within 30 days of the
recommendation, vote to authorize the board of a township in a county
having a population of more than 250,000 to acquire by condemnation
property that is contiguous to the municipality's corporate
boundaries. If the corporate authorities of a municipality fail to
act within that 30 day period, then none of the property included in
the open space plan that is contiguous to a municipality shall be
acquired by the board by condemnation. The municipality's failure to
act constitutes a denial of authority to acquire that property by
condemnation.
(b) If, within 30 days of the decision of the municipality to
either authorize or deny the board the authority to acquire by
condemnation that property included in the open space plan that is
contiguous to the corporate boundaries of the municipality, a
petition is filed with the township clerk, signed by not less than
15% of the registered voters of the township (according to the voting
registration records at the time the petition is filed), requesting
that the question of whether the board shall be granted authority to
acquire property contiguous to the corporate boundaries of the
municipality by condemnation be submitted to the voters of the
township, then the question shall be submitted to those voters in the
form of a proposition. The petition shall state the public question
to be submitted and contain a common description of the territory
proposed to be acquired in plain and nonlegal language. The
description shall describe the territory by reference to streets,
natural or artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to the
proper election officials, who shall submit the proposition to the
voters of the township. The referendum shall appear on the ballot at
the same election as the referendum required in Section 115-20.
3720 JOURNAL OF THE [May 7, 1999]
Except as otherwise provided in this Section, the referendum shall be
conducted and notice given in accordance with the general election
law. The question submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a county
having a population of more than 250,000) have the authority to
acquire by condemnation open land that is contiguous to the
corporate boundaries of (name of municipality) for open space
purposes?
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the
description of the territory proposed to be acquired as set forth in
the petition. If the election authority determines that the
description cannot be included within the space limitations of the
ballot, the election authority shall prepare large printed copies of
a notice of the public question that includes the description. The
notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the
question vote in favor of the question, then the board may acquire by
condemnation open land that is contiguous to the corporate boundaries
of the municipality or municipalities and included in the open space
plan recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the
board the authority to acquire by condemnation property that is
contiguous to the municipality's boundaries and the referendum does
not appear on the ballot at the election specified in this Section,
or if the proposition fails to receive the vote of a majority of the
voters voting on the proposition, then the board may not acquire the
property by condemnation.
(g) For purposes of this Section, "contiguous" means contiguous
for purposes of annexation under Article 7 of the Illinois Municipal
Code.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-40)
Sec. 115-40. Later submission of proposition to include
property. If in a township in a county having a population of more
than 250,000 a parcel of land cannot be acquired by condemnation
because it was not approved at an election under either Section
115-30 or 115-35, that parcel can again be included in a proposition
only if (i) the procedures set forth in Section 115-15 relating to
amendments that add property to existing open space plans have been
followed and (ii) not less than 23 months have elapsed since the date
of the election at which the voters failed to approve the acquisition
of the parcel by condemnation.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-55)
Sec. 115-55. (a) The board may acquire by gift, legacy, purchase,
condemnation in the manner provided for the exercise of the right of
eminent domain under Article VII of the Code of Civil Procedure and
except as otherwise provided in this subsection, lease, agreement, or
otherwise the fee or any lesser right or interest in real property
that is open land and may hold that property with or without public
access for open space, scenic roadway, pathway, outdoor recreation,
or other conservation benefits. No township in a county having a
population of more than 150,000 but not more than 250,000 has
authority under this Article to acquire property by condemnation, and
no other township, however, has authority under this Article to
acquire by condemnation (i) property that is used for farming or
agricultural purposes; (ii) property that is situated within the
corporate limits of a municipality or contiguous to one or more
HOUSE OF REPRESENTATIVES 3721
municipalities unless approval to acquire the property by
condemnation is obtained under Section 115-30 or 115-35; (iii)
property upon which development has commenced; or (iv) property owned
by a religious organization, church, school, or charitable
organization exempt from federal taxation under Section 501(c)(3) of
the Internal Revenue Code of 1986 or similar provisions of any
successor law, or any other organization controlled by or affiliated
with such a religious organization, church, school, or charitable
organization.
(b) For purposes of this Section:
(1) "Development" of property is deemed to have commenced
if (i) at least 30 days before the filing of a petition under
Section 115-10, an application for a preliminary plan or
preliminary planned unit development has been filed with the
applicable governmental entity or, if neither is required, a
building permit has been obtained at least 30 days before the
filing of a petition under Section 115-10; (ii) mass grading of
the property has commenced; and (iii) within 180 days of the date
the open space plan is recommended for approval by the board
under Section 115-5 or by petition of the voters under Section
115-20, 115-30, or 115-35, the installation of public
improvements has commenced.
(2) "Contiguous" means contiguous for purposes of
annexation under Article 7 of the Illinois Municipal Code.
(3) Real property is deemed used for farming or
agricultural purposes if it is more than 10 acres in area and
devoted primarily to (i) the raising and harvesting of crops,
(ii) the feeding, breeding, and management of livestock, (iii)
dairying, or (iv) any other agricultural or horticultural use or
combination of those uses, with the intention of securing
substantial income from those activities, and has been so used
for the 3 years immediately preceding the filing of a
condemnation action. Real property used for farming or
agricultural purposes includes land devoted to and qualifying for
payments or other compensation under a soil conservation program
under an agreement with an agency of the federal government and
also includes the construction and use of dwellings and other
buildings customarily associated with farming and agricultural
uses when associated with those uses.
(c) If a township's acquisitions of open land, or interests in
open land when combined with other lands in the township held for
open space purposes by other governmental entities, equals 30% of the
total acreage of the township, then the township may not acquire
additional open land by condemnation.
(d) Any parcel of land that is included in an open space plan
adopted by a township that has not been acquired by the township
under this Section within 3 years, or within 2 years with respect to
existing open space programs, after the later of (i) July 29, 1988,
or (ii) the date of the passage of the referendum may not thereafter
be acquired by condemnation by the township under this Section,
except that if an action in condemnation to acquire the parcel is
filed under this Section within that 3 year or 2 year period, as
applicable, the parcel may be acquired by condemnation by the
township notwithstanding the fact that the condemnation action may
not be concluded within the 3 year or 2 year period, as applicable.
Notwithstanding the foregoing, if a parcel of land cannot be acquired
by condemnation under subsection (a) because of its use for farming
or agricultural purposes, the 3 year or 2 year period, as
applicable, shall be tolled until the date the parcel ceases to be
used for farming or agricultural purposes. Notwithstanding the
foregoing, the fee or any lesser right or interest in real property
3722 JOURNAL OF THE [May 7, 1999]
that is open land may be acquired after the 3 year or 2 year period,
as applicable, by any means authorized under subsection (a) other
than condemnation.
(Source: P.A. 85-1140; 86-1191; 88-62.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2698 was placed on the Calendar on the order of
Concurrence.
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 2708
A bill for AN ACT concerning sex offenders, 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. 2708.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2708 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by adding Section
11-9.4."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Section 11-9.4 as follows:
(720 ILCS 5/11-9.4 new)
Sec. 11-9.4. Presence within child care facility zone by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any child care facility or on real property comprising any
child care facility while persons under the age of 18 are present in
the facility or on the grounds or to knowingly loiter on a public way
within 500 feet of a child care facility or the real property
comprising a child care facility while persons under the age of 18
are present in the facility or on the grounds, unless the offender:
(1) is a parent or guardian of a person under 18 years of
age present in the facility or on the grounds; or
(2) has permission to be present from the director or chief
administrative officer of the child care facility.
(b) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another state,
with a sex offense set forth in paragraph (2) of this
subsection (b) or the attempt to commit an included sex
offense, and:
HOUSE OF REPRESENTATIVES 3723
(A) is convicted of that offense or an attempt to
commit that offense; or
(B) is found not guilty by reason of insanity of
that offense or an attempt to commit that offense; or
(C) is found not guilty by reason of insanity
under subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of that offense or an
attempt to commit that offense; or
(D) is the subject of a finding not resulting in
an acquittal at a hearing conducted under to subsection
(a) of Section 104-25 of the Code of Criminal Procedure
of 1963 for the alleged commission or attempted
commission of that offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted under a federal law or
the law of another state substantially similar to
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of that offense or of the
attempted commission of that offense; or
(F) is the subject of a finding not resulting in
an acquittal at a hearing conducted under a federal law
or the law of another state substantially similar to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted commission of that offense; or
(ii) is certified as a sexually dangerous person under
the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal law or the law of another
state, when any conduct giving rise to the certification is
committed or attempted against a person less than 18 years
of age; or
(iii) is subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with the same act,
or result from offenses committed at the same time, must be counted
for the purpose of this Section as one conviction. Any conviction
set aside under law is not a conviction for purposes of this Section.
(2) "Sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961: 10-7 (aiding and abetting child
abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
luring), 11-6 (indecent solicitation of a child), 11-6.5
(indecent solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property comprising
a school, or on a conveyance, owned, leased, or contracted
by a school to transport students to or from school or a
school related activity), 11-9.1 (sexual exploitation of a
child), 11-15.1 (soliciting for a juvenile prostitute),
11-17.1 (keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-21 (harmful material), 12-14.1 (predatory
criminal sexual assault of a child), 12-33 (ritualized abuse
of a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising any
school, in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961, when the victim is a person under
3724 JOURNAL OF THE [May 7, 1999]
18 years of age: 12-13 (criminal sexual assault), 12-14
(aggravated criminal sexual assault), 12-15 (criminal sexual
abuse), 12-16 (aggravated criminal sexual abuse). An
attempt to commit any of these offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961, when the victim is a person under
18 years of age and the defendant is not a parent of the
victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(3) A conviction for an offense of federal law or the law
of another state that is substantially equivalent to any offense
listed in paragraph (2) of this subsection (b) shall constitute a
conviction for the purpose of this Section. A finding or
adjudication as a sexually dangerous person under any federal law
or law of another state that is substantially equivalent to the
Sexually Dangerous Persons Act constitutes an adjudication for
the purposes of this Section.
(4) "Child care facility" means a facility described in
Section 2.05 of the Child Care Act of 1969 that is licensed under
that Act.
(5) "Loiter" means to stand or sit idly on a public way
within 500 feet of a child care facility or the real property
comprising a child care facility, whether or not the person is in
a vehicle or remaining in or around the child care facility.
(c) Sentence. A person who violates this Section is guilty of a
Class 4 felony.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2708 was placed on the Calendar on the order of
Concurrence.
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 2711
A bill for AN ACT in relation to sex offenses and sex offenders.
Together with the attached amendments thereto (which amendments
have 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. 2711.
Senate Amendment No. 2 to HOUSE BILL NO. 2711.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
HOUSE OF REPRESENTATIVES 3725
AMENDMENT NO. 1. Amend House Bill 2711 on page 1, line 1, by
deleting "sex offenses and"; and
on page 1, by deleting lines 4 through 31; and
by deleting all of page 2; and
on page 3, by deleting lines 1 through 11; and
on page 3, line 13, by deleting "2,"; and
on page 3, by deleting lines 14 through 32; and
by deleting all of pages 4, 5, and 6; and
on page 7, by deleting lines 1 through 22; and
on page 8, by replacing lines 3 through 28 with the following:
"(a-5) In addition to the registration requirements imposed upon
a sex offender by subsection (a), a sex offender who is required to
register under this Article and who is employed or attends an
educational institution on the effective date of this amendatory Act
of the 91st General Assembly within 10 days after the effective date
of this amendatory Act of the 91 General Assembly and a sex offender
who is convicted on or after the effective date of this amendatory
Act of the 91st General Assembly, within 10 days after employment or
attendance at an educational institution must submit in person or in
writing the business name and address or educational institution name
and address where he or she is employed or attends school. Multiple
businesses, educational institutions, or work sites must be reported
to the agency having jurisdiction."; and
on page 8, line 34, by changing "(a-5), or (a-6)" to "or (a-5)"; and
on page 9, line 26, by changing "(a-6)" to "(a-5)"; and
on page 12, line 7, by changing "105, 110," to "110"; and
on page 12, by deleting lines 8 through 32; and
on page 13, by deleting lines 1 through 16; and
on page 14, line 13, by inserting "authorized for community
notification; after "information"; and
on page 14, lines 21 and 22, by changing "June 1, 1999" to "July 1,
2000".
AMENDMENT NO. 2. Amend House Bill 2711, AS AMENDED, in the
introductory clause of Section 10, by replacing "Sections 3, 6, and
8" with "Sections 3 and 6"; and
in subsection (a-5) of Sec. 3 of Section 10, by deleting "or attends
an educational institution"; and
in subsection (a-5) of Sec. 3 of Section 10, by deleting "or
attendance at an educational institution"; and
in subsection (a-5) of Sec. 3 of Section 10, by deleting "or
educational institution name and address"; and
in subsection (a-5) of Sec. 3 of Section 10, by deleting "or attends
school"; and
in subsection (a-5) of Sec. 3 of Section 10, by replacing ",
educational institutions, or work sites" with "or work locations";
and
by inserting after the last line of subsection (a-5) of Sec. 3 of
Section 10, the following:
"The sex offender must submit his or her business address to the law
enforcement agency having jurisdiction within 10 days after obtaining
employment or if employed on the effective date of this amendatory
Act of 91st General Assembly within 10 days after that effective
date."; and
in subsection (b) of Sec. 3 of Section 10, by replacing ", place of
employment, or place of attendance at an educational institution,"
with "or place of employment"; and
by deleting all of paragraphs (3.1) and (3.2) of subsection (c) of
Sec. 3 of Section 10; and
by replacing all of Sec. 6 of Section 10 with the following:
"(730 ILCS 150/6) (from Ch. 38, par. 226)
3726 JOURNAL OF THE [May 7, 1999]
Sec. 6. Duty to report; change of address or employment; duty to
inform. A person who has been adjudicated to be sexually dangerous
and is later released, or found to be no longer sexually dangerous
and discharged, must report in person to the law enforcement agency
with whom he or she last registered no later than 90 days after the
date of his or her last registration and every 90 days thereafter.
Any other person who is required to register under this Article shall
report in person to the appropriate law enforcement agency with whom
he or she last registered one year from the date of that registration
and every year thereafter. If any person required to register under
this Article changes his or her residence address or place of
employment, he or she shall, in writing, within 10 days inform the
law enforcement agency with whom he or she last registered of his or
her new address or new place of employment and register with the
appropriate law enforcement agency within the time period specified
in Section 3. The law enforcement agency shall, within 3 days of
receipt, notify the Department of State Police and the law
enforcement agency having jurisdiction of the new place of residence
or new place of employment.
If any person required to register under this Article establishes
a residence or employment outside of the State of Illinois, within 10
days after establishing that residence or employment, he or she
shall, in writing, inform the law enforcement agency with which he or
she last registered of his or her out-of-state residence or
employment. The law enforcement agency with which such person last
registered shall, within 3 days notice of an address or employment
change, notify the Department of State Police. The Department of
State Police shall forward such information to the out-of-state law
enforcement agency having jurisdiction in the form and manner
prescribed by the Department of State Police.
(Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)"; and
by deleting all of Sec. 8 of Section 10; and
by replacing all of Section 15 with the following:
"Section 15. The Sex Offender and Child Murderer Community
Notification Law is amended by changing Sections 110 and 120 as
follows:
(730 ILCS 152/110)
Sec. 110. Registration. At the time a sex offender registers
under Section 3 of the Sex Offender Registration Act or reports a
change of address or employment under Section 6 of that Act, the
offender shall notify the law enforcement agency having jurisdiction
with whom the offender registers or reports a change of address or
employment that the offender is a sex offender.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, eff.
7-24-97.)
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth, place of
employment, and offense or adjudication of all sex offenders required
to register under Section 3 of the Sex Offender Registration Act:
(1) (Blank);
(2) School boards of public school districts and the
principal or other appropriate administrative officer of each
nonpublic school located in the county where the sex offender is
required to register or is employed resides; and
(3) Child care facilities located in the county where the
sex offender is required to register or is employed. resides;
(a-2) The sheriff of Cook County shall disclose to the following
the name, address, date of birth, place of employment, and offense or
adjudication of all sex offenders required to register under Section
HOUSE OF REPRESENTATIVES 3727
3 of the Sex Offender Registration Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of each
nonpublic school located within the region of Cook County, as
those public school districts and nonpublic schools are
identified in LEADS, other than the City of Chicago, where the
sex offender is required to register or is employed resides; and
(2) Child care facilities located within the region of Cook
County, as those child care facilities are identified in LEADS,
other than the City of Chicago, where the sex offender is
required to register or is employed resides.
(a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of employment, and
offense or adjudication of all sex offenders required to register
under Section 3 of the Sex Offender Registration Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of each
nonpublic school located in the police district where the sex
offender is required to register or is employed resides if the
offender is required to register or is employed resides in the
City of Chicago; and
(2) Child care facilities located in the police district
where the sex offender is required to register or is employed
resides if the offender is required to register or is employed
resides in the City of Chicago.
(a-4) The Department of State Police shall provide a list of sex
offenders required to register to the Illinois Department of Children
and Family Services.
(b) The Department of State Police and any law enforcement
agency having jurisdiction may disclose, in the Department's or
agency's discretion, the following information to any person likely
to encounter a sex offender required to register under Section 3 of
the Sex Offender Registration Act:
(1) The offender's name, address, and date of birth.
(2) The offense for which the offender was convicted.
(3) Adjudication as a sexually dangerous person.
(4) The offender's photograph or other such information
that will help identify the sex offender.
(5) Offender employment information, to protect public
safety.
(c) The name, address, date of birth, and offense or
adjudication for sex offenders required to register under Section 3
of the Sex Offender Registration Act shall be open to inspection by
the public as provided in this Section. Every municipal police
department shall make available at its headquarters the information
on all sex offenders who are required to register in the municipality
under the Sex Offender Registration Act. The sheriff shall also make
available at his or her headquarters the information on all sex
offenders who are required to register under that Act and who live in
unincorporated areas of the county. The information shall be made
available for public inspection according to procedures set by the
department or sheriff, upon request of any person presented in
writing, in person, or by telephone. The law enforcement agency may
make available the information on all sex offenders residing within
the county.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 89-707, eff.
6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2711 was placed on the Calendar on the
3728 JOURNAL OF THE [May 7, 1999]
order of Concurrence.
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 2724
A bill for AN ACT to amend the Public Construction Bond Act by
changing Section 1.
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. 2724.
Passed the Senate, as amended, May 6, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2724 on page 1, line 26, by
deleting "If"; and
on page 1, by deleting lines 27 through 30.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2724 was placed on the Calendar on the order of
Concurrence.
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
adoption of the following joint resolution, to-wit:
HOUSE JOINT RESOLUTION NO. 23
Concurred in the Senate, May 7, 1999.
Jim Harry, Secretary of the Senate
REPORTS FROM STANDING COMMITTEES
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken on May
6, 1999, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 1 and 2 to SENATE BILL 827.
Representative Erwin, Chairperson, from the Committee on Higher
Education to which the following were referred, action taken on May
6, 1999, and reported the same back with the following
HOUSE OF REPRESENTATIVES 3729
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 1, 2 and 3 to SENATE BILL 441.
The committee roll call vote on Amendments numbered 1, 2 and 3 to
SENATE BILL 441 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Erwin, Chair Y Lopez
A Bost Y Myers, Richard
A Davis, Monique Y Righter
Y Giles A Smith, Michael
A Howard A Winkel
Y Johnson, Tim Y Wirsing, Spkpn
A Klingler Y Woolard
Y Younge
Representative Feigenholtz, Chairperson, from the Committee on
Human Services to which the following were referred, action taken on
May 6, 1999, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 321.
Representative Gash, Chairperson, from the Committee on Judiciary
II-Criminal Law to which the following were referred, action taken on
May 6, 1999, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to SENATE BILL 27.
Representative Kenner, Chairperson, from the Committee on State
Governement to which the following were referred, action taken on May
6, 1999, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to SENATE BILL 1061.
Representative Scott, Chairperson, from the Committee on Urban
Revitalization to which the following were referred, action taken on
May 6, 1999, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 4 and 5 to SENATE BILL 1032.
The committee roll call vote on Amendment No. 4 to SENATE BILL
1032 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Scott, Chair Y McCarthy, Vice-Chair
Y Bassi Y McKeon
Y Dart Y O'Connor (Leitch)
Y Garrett Y Parke
Y Harris A Slone
Y Mathias, Spkpn Y Winters
Y McAuliffe A Younge
Y Zickus
The committee roll call vote on Amendment No. 5 to SENATE BILL
1032 is as follows:
11, Yeas; 0, Nays; 3, Answering Present.
3730 JOURNAL OF THE [May 7, 1999]
Y Scott, Chair Y McCarthy, Vice-Chair
P Bassi Y McKeon
Y Dart Y O'Connor (Leitch)
P Garrett P Parke
Y Harris Y Slone
Y Mathias, Spkpn Y Winters
Y McAuliffe A Younge
Y Zickus
INTRODUCTION AND FIRST READING OF BILLS
The following bill was introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2866. Introduced by Representative Lang, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section 6-104.
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 Black, SENATE BILL 149 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; 0, Answering Present.
(ROLL CALL 2)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Currie, SENATE BILL 13 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 3)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Durkin, SENATE BILL 1067 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:
109, Yeas; 3, Nays; 1, 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 Reitz, SENATE BILL 315 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:
HOUSE OF REPRESENTATIVES 3731
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
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 Cowlishaw, SENATE BILL 1130 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:
109, Yeas; 4, Nays; 0, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative Hoeft, SENATE
BILL 933 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 Mathias, SENATE BILL 144 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
63, Yeas; 46, Nays; 3, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Lang, SENATE BILL 459 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
111, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 8)
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 Meyer, SENATE BILL 932 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
111, Yeas; 0, Nays; 0, 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.
3732 JOURNAL OF THE [May 7, 1999]
On motion of Representative Mulligan, SENATE BILL 1116 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 Lang, SENATE BILL 1107 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 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.
On motion of Representative Pankau, SENATE BILL 1109 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
110, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 12)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Persico, SENATE BILL 734 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 13)
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 Stephens, SENATE BILL 1198 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 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Winters, SENATE BILL 359 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 0, Nays; 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.
HOUSE OF REPRESENTATIVES 3733
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Righter, SENATE BILL 109 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
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
By unanimous consent, on motion of Representative Brunsvold,
SENATE BILL 150 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 Fowler, SENATE
BILL 725 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON SECOND READING
SENATE BILL 27. 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 27
AMENDMENT NO. 1. Amend Senate Bill 27 by replacing lines 27
through 34 on page 4 and line 1 on page 5 with the following:
"illegal sex act perpetrated upon a victim under less than 18 years
of age including but not limited to offenses for violations of
Article 12 of the Criminal Code of 1961, is entitled to visitation
rights while incarcerated or while on parole, probation, conditional
discharge, periodic imprisonment, or mandatory supervised release for
that offense, and upon discharge from incarceration for a misdemeanor
offense or upon discharge from parole, probation, conditional
discharge, periodic imprisonment, or mandatory"; and
on page 5, by deleting lines 5 through 14.
Representative Hoffman offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO SENATE BILL 27
AMENDMENT NO. 2. Amend Senate Bill 27, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Code of Criminal Procedure of 1963 by adding
Article 106E."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is amended by
adding Article 106E as follows:
(725 ILCS 5/Article 106E heading new)
3734 JOURNAL OF THE [May 7, 1999]
ARTICLE 106E. TASK FORCE ON PROFESSIONAL
PRACTICE IN THE ILLINOIS JUSTICE SYSTEMS
(725 ILCS 5/106E-5 new)
Sec. 106E-5. Purpose for task force. The Illinois General
Assembly takes notice that public defenders and prosecutors in the
Illinois criminal justice systems are often reimbursed at salary
levels far below reasonable rates for private practice. The criminal
and juvenile justice systems in Illinois have become increasingly
technical and complex due to countless piecemeal amendments to the
Criminal Code of 1961, this Code, the Juvenile Court Act of 1987, and
the Unified Code of Corrections. It is increasingly difficult to
remain current on legislative amendments and court decisions in the
rapidly changing justice systems of Illinois. Increases in levels of
arrests have led to increased criminal and juvenile prosecutions
throughout Illinois resulting in higher caseloads for attorneys
practicing in the justice system. Rapid changes in technology have
resulted in changes in court processing of criminal and juvenile
offenders that require concomitant technological skill development on
the part of attorneys practicing in the justice system. Defender
services in some areas of Illinois are covered by a single part-time
attorney. Local county boards are increasingly challenged to
adequately fund local systems of justice.
In order for the State to protect its moral and ethical
integrity, the State must ensure a justice system that is staffed by
attorneys trained and prepared to render competent representation.
The Illinois General Assembly shall establish an independent,
non-partisan Task Force on Professional Practice in the Illinois
Justice Systems to study appropriate levels of caseloads, adequate
salary structures, annual training needs, technological needs, and
other issues affecting the development of professionalism of
attorneys in the Illinois justice system.
(725 ILCS 5/106E-10 new)
Sec. 106E-10. Task Force on Professional Practice in the Illinois
Justice Systems. The Task force on Professional Practice in the
Illinois Justice Systems shall be comprised of 17 members who shall
serve without compensation and who shall be appointed as follows:
(1) One member appointed by the President of the Senate.
(2) One member appointed by the Minority Leader of the Senate.
(3) One member appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Minority Leader of the House of
Representatives.
(5) One member appointed by the Governor.
(6) One member appointed by the Illinois Supreme Court.
(7) One member appointed by the Illinois Public Defender
Association.
(8) One member appointed by the Illinois State Prosecutors
Association.
(9) One member appointed by the Office of the State Appellate
Defender.
(10) One member appointed by the Office of the Attorney General.
(11) One member appointed by the Office of the Public Defender
of Cook County.
(12) One member appointed by the Office of the State's Attorney
of Cook County.
(13) One member appointed by the Office of the Public Defender
of DuPage County.
(14) One member appointed by the Office of the State's Attorney
of DuPage County.
(15) One member appointed by the Office of the Public Defender
of Sangamon County.
HOUSE OF REPRESENTATIVES 3735
(16) One member appointed by the Office of the State's Attorney
of Sangamon County.
(17) One member appointed by the Illinois State Bar Association.
The Task Force shall be convened and chaired by the member
appointed by the Illinois State Bar Association. The Task Force
shall be staffed by the Illinois State Bar Association.
The Task Force shall report its findings and recommendations to
the Governor, the General Assembly, and to the Illinois Supreme Court
no later than 9 months after the effective date of this amendatory
Act of the 91st General Assembly.
(725 ILCS 5/106E-15 new)
Sec. 106E-15. Repeal. This Article is repealed December 31,
2000.
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 3 TO SENATE BILL 27
AMENDMENT NO. 3. Amend Senate Bill 27, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Code of Criminal Procedure of 1963 by adding
Article 106E."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is amended by
adding Article 106E as follows:
(725 ILCS 5/Article 106E heading new)
ARTICLE 106E. TASK FORCE ON PROFESSIONAL
PRACTICE IN THE ILLINOIS JUSTICE SYSTEMS
(725 ILCS 5/106E-5 new)
Sec. 106E-5. Purpose for task force. The Illinois General
Assembly takes notice that public defenders and prosecutors in the
Illinois criminal justice systems are often reimbursed at salary
levels far below reasonable rates for private practice. The criminal
and juvenile justice systems in Illinois have become increasingly
technical and complex due to countless piecemeal amendments to the
Criminal Code of 1961, this Code, the Juvenile Court Act of 1987, and
the Unified Code of Corrections. It is increasingly difficult to
remain current on legislative amendments and court decisions in the
rapidly changing justice systems of Illinois. Increases in levels of
arrests have led to increased criminal and juvenile prosecutions
throughout Illinois resulting in higher caseloads for attorneys
practicing in the justice system. Rapid changes in technology have
resulted in changes in court processing of criminal and juvenile
offenders that require concomitant technological skill development on
the part of attorneys practicing in the justice system. Defender
services in some areas of Illinois are covered by a single part-time
attorney. Local county boards are increasingly challenged to
adequately fund local systems of justice.
In order for the State to protect its moral and ethical
integrity, the State must ensure a justice system that is staffed by
attorneys trained and prepared to render competent representation.
The Illinois General Assembly shall establish an independent,
non-partisan Task Force on Professional Practice in the Illinois
Justice Systems to study appropriate levels of caseloads, adequate
salary structures, annual training needs, technological needs, and
other issues affecting the development of professionalism of
attorneys in the Illinois justice system.
(725 ILCS 5/106E-10 new)
Sec. 106E-10. Task Force on Professional Practice in the Illinois
Justice Systems. The Task force on Professional Practice in the
Illinois Justice Systems shall be comprised of 19 members who shall
3736 JOURNAL OF THE [May 7, 1999]
serve without compensation and who shall be appointed as follows:
(1) One member appointed by the President of the Senate.
(2) One member appointed by the Minority Leader of the Senate.
(3) One member appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Minority Leader of the House of
Representatives.
(5) One member appointed by the Governor.
(6) One member appointed by the Illinois Supreme Court.
(7) One member appointed by the Illinois Public Defender
Association.
(8) One member appointed by the Illinois Appellate Prosecutors
Association.
(9) One member appointed by the Office of the State Appellate
Defender.
(10) One member appointed by the Office of the Attorney General.
(11) One member appointed by the Illinois State Attorneys'
Association.
(12) One member appointed by the Illinois Attorneys for Criminal
Justice.
(13) One member appointed by the Office of the Public Defender
of Cook County.
(14) One member appointed by the Office of the State's Attorney
of Cook County.
(15) One member appointed by the Office of the Public Defender
of DuPage County.
(16) One member appointed by the Office of the State's Attorney
of DuPage County.
(17) One member appointed by the Office of the Public Defender
of Sangamon County.
(18) One member appointed by the Office of the State's Attorney
of Sangamon County.
(19) One member appointed by the Illinois State Bar Association.
The Task Force shall be convened and chaired by the member
appointed by the Illinois State Bar Association. The Task Force
shall be staffed by the Illinois State Bar Association.
The Task Force shall report its findings and recommendations to
the Governor, the General Assembly, and to the Illinois Supreme Court
no later than 9 months after the effective date of this amendatory
Act of the 91st General Assembly.
(725 ILCS 5/106E-15 new)
Sec. 106E-15. Repeal. This Article is repealed December 31,
2000.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILL 37. Having been printed, was taken up and read by
title a second time.
Representative Mathias offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 37
HOUSE OF REPRESENTATIVES 3737
AMENDMENT NO. 1. Amend Senate Bill 37 on page 1, line 30, before
"on", by inserting "(i)"; and
on page 2, line 1, before the period, by inserting "and (ii) a
summary of the reasons for the tax objections set forth in the
complaint with enough copies of the summary to be distributed to each
of the taxing districts against which the complaint is directed"; and
on page 2, lines 9 and 20, by replacing "reason for the tax
objection" each time it appears with "summary of the reasons for the
tax objections".
The motion prevailed and the amendment was adopted and ordered
printed.
Floor Amendment No. 2 remained in the Committee on Rules.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 423. Having been recalled on May 5, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Rutherford offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO SENATE BILL 423
AMENDMENT NO. 2. Amend Senate Bill 423 on page 2 by inserting
immediately below line 10 the following:
"(c) By January 1, 2001, the Commerce Commission shall establish
by rule statewide standards for tree trimming activities performed by
electric public utilities. The standards shall be based upon the
guidelines set forth by the International Society of Arboriculture
and any applicable standards established by the Occupational Safety
and Health Administration and the American National Standards
Institute.".
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 again advanced to the order
of Third Reading.
SENATE BILL 659. Having been recalled on May 5, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Mautino offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 659
AMENDMENT NO. 1. Amend Senate Bill 659 on page 1, line 1, by
replacing "taxes," with "taxes and fees,"; and
on page 8, line 1, after the period, by inserting the following:
""Prepaid telephone calling card arrangement" does not include an
arrangement whereby a customer purchases a payment card and pursuant
to which the service provider reflects the amount of such purchase as
a credit on an invoice issued to that customer under an existing
subscription plan."; and
on page 10, below line 9, by inserting the following:
"Section 27. The Telecommunications Municipal Infrastructure
3738 JOURNAL OF THE [May 7, 1999]
Maintenance Fee Act is amended by changing Section 20 as follows:
(35 ILCS 635/20)
Sec. 20. Municipal telecommunications infrastructure maintenance
fee.
(a) A municipality may impose a municipal infrastructure
maintenance fee upon telecommunications retailers in an amount
specified in subsection (b). On and after the effective date of this
amendatory Act of 1997, a certified copy of an ordinance or
resolution imposing a fee under this Section shall be filed with the
Department within 30 days after the effective date of this amendatory
Act or the effective date of the ordinance or resolution imposing
such fee, whichever is later. Failure to file a certified copy of
the ordinance or resolution imposing a fee under this Section shall
have no effect on the validity of the ordinance or resolution. The
Department shall create and maintain a list of all ordinances and
resolutions filed pursuant to this Section and make that list, as
well as copies of the ordinances and resolutions, available to the
public for a reasonable fee.
(b) The amount of the municipal infrastructure maintenance fee
imposed upon a telecommunications retailer under this Section shall
not exceed: (i) in a municipality with a population of more than
500,000, 2.0% of all gross charges charged by the telecommunications
retailer to service addresses in the municipality for
telecommunications originating or received in the municipality; and
(ii) in a municipality with a population of 500,000 or less, 1.0% of
all gross charges charged by the telecommunications retailer to
service addresses in the municipality for telecommunications
originating or received in the municipality. If imposed, the
municipal telecommunications infrastructure fee must be in 1/4%
increments. However, the fee shall not be imposed in any case in
which the imposition of the fee would violate the Constitution or
statutes of the United States.
(c) The municipal telecommunications infrastructure fee
authorized by this Section shall be collected, enforced, and
administered as set forth in subsection (c) of Section 25 of this
Act.
(d) A municipality with a population of more than 500,000 that
imposes a municipal infrastructure maintenance fee under this Section
may, by ordinance, exempt from the fee all charges for the inbound
toll-free telecommunications service commonly known as "800", "877",
or "888" or for a similar service.
(Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)"; and
on page 18, line 25, after the period, by inserting the following:
""Prepaid telephone calling card arrangement" does not include an
arrangement whereby a customer purchases a payment card and pursuant
to which the service provider reflects the amount of such purchase as
a credit on an invoice issued to that customer under an existing
subscription plan."; and
on page 29, line 25, after the period, by inserting the following:
""Prepaid telephone calling card arrangement" does not include an
arrangement whereby a customer purchases a payment card and pursuant
to which the service provider reflects the amount of such purchase as
a credit on an invoice issued to that customer under an existing
subscription plan."; and
on page 30, below line 34, by inserting the following:
"(g) A municipality with a population of more than 500,000 that
imposes a tax under this Section may, by ordinance, exempt from the
tax all charges for the inbound toll-free telecommunications service
commonly known as "800", "877", or "888" or for a similar service.".
The motion prevailed and the amendment was adopted and ordered
HOUSE OF REPRESENTATIVES 3739
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 805. 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.
Representative McCarthy offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO SENATE BILL 805
AMENDMENT NO. 3. Amend Senate Bill 805 on page 1, line 25, by
replacing "$20,000,000" with "an amount, not to exceed $20,000,000,
equal to the amount appropriated by the General Assembly for grants
under this Section"; and
on page 2, lines 1 and 2, by replacing "subject to appropriations for
those grants" with "in an amount not to exceed the amount transferred
to the Fund".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
RECALLS
By unanimous consent, on motion of Representative Art Turner,
SENATE BILL 575 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 Giles, SENATE BILL 1171 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
105, Yeas; 7, Nays; 1, 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 Brosnahan, SENATE BILL 728 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
111, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
3740 JOURNAL OF THE [May 7, 1999]
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
ADJOURNMENT RESOLUTION
HOUSE JOINT RESOLUTION 23 was taken up for consideration.
HOUSE JOINT RESOLUTION 23
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that when the two Houses adjourn on Friday, May 7, 1999 they
stand adjourned until Tuesday, May 11, 1999 at 12:00 o'clock noon.
Representative Currie asked and obtained unanimous consent to
suspend the provisions of Rule 3-6(a) for the immediate consideration
of HOUSE JOINT RESOLUTION 23.
Representative Currie then moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
At the hour of 12:41 o'clock p.m., Representative Currie moved
that the House do now adjourn.
The motion prevailed.
And in accordance therewith and pursuant to HOUSE JOINT
RESOLUTION 23, the House stood adjourned until Tuesday, May 11, 1999,
at 12:00 o'clock Noon.
HOUSE OF REPRESENTATIVES 3741
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 07, 1999
0 YEAS 0 NAYS 113 PRESENT
P ACEVEDO P FOWLER E LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS 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 E 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 E 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
3742 JOURNAL OF THE [May 7, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 149
9-1-1-PRVT BUS SWTCH SYSTM-REP
THIRD READING
PASSED
MAY 07, 1999
112 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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 3743
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 13
CONTROLLED SUBSTANCE-PRESCRPTN
THIRD READING
PASSED
MAY 07, 1999
112 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
P 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 E 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
3744 JOURNAL OF THE [May 7, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1067
PUBAID-CHLD SUPP ENFRCMNT FUND
THIRD READING
PASSED
MAY 07, 1999
109 YEAS 3 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT N LYONS,JOSEPH Y RYDER
Y BIGGINS P GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
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 3745
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 315
CORONER-DOMESTIC VIOLENCE
THIRD READING
PASSED
MAY 07, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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
3746 JOURNAL OF THE [May 7, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1130
MAR & FAM THERAPY-ASSOCIATE
THIRD READING
PASSED
MAY 07, 1999
109 YEAS 4 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON 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
N COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
N CROTTY Y JOHNSON,TIM Y MYERS 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 E 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 N 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 3747
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 144
GOVT TAX REFORM VALIDATION ACT
THIRD READING
PASSED
MAY 07, 1999
63 YEAS 46 NAYS 3 PRESENT
Y ACEVEDO N FOWLER E LINDNER N RIGHTER
Y BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS N SAVIANO
Y BLACK N GIGLIO Y MAUTINO N SCHMITZ
N BOLAND Y GILES N McAULIFFE N SCHOENBERG
N BOST A 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 N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS E TURNER,ART
Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
Y DANIELS E JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
P DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE E POE P 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
3748 JOURNAL OF THE [May 7, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 459
CIV PRO-RELIEF-EVERY COUNT
THIRD READING
PASSED
MAY 07, 1999
111 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
P 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 E 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 3749
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 932
BOND ISSUE NOTICE-REQUIREMENTS
THIRD READING
PASSED
MAY 07, 1999
111 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E 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 A 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
A CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS E 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
3750 JOURNAL OF THE [May 7, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1116
DHS-ELECTRONIC FINGERPRINTING
THIRD READING
PASSED
MAY 07, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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 3751
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1107
NURSE HOME SCREEN 18 OLDER
THIRD READING
PASSED
MAY 07, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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
3752 JOURNAL OF THE [May 7, 1999]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1109
DCFS-ACCOUNTS-PANELS
THIRD READING
PASSED
MAY 07, 1999
110 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM A NOVAK Y TURNER,JOHN
A CURRY Y JONES,JOHN A O'BRIEN Y WAIT
Y DANIELS E 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 3753
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 734
CO-OP RESDNTIAL HOMES ACT-TECH
THIRD READING
PASSED
MAY 07, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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
3754 JOURNAL OF THE [May 7, 1999]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1198
PROP TX-DISBLED VETS EXEMPTION
THIRD READING
PASSED
MAY 07, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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 3755
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 359
INSURANCE FRAUD TASK FORCE
THIRD READING
PASSED
MAY 07, 1999
112 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD A HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 E 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
3756 JOURNAL OF THE [May 7, 1999]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 109
CRIM CD-FINANCIAL ID THEFT
THIRD READING
PASSED
MAY 07, 1999
112 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN 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 E 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 3757
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1171
MUNI CD-RUN DOWN BLDG-LIEN
THIRD READING
PASSED
MAY 07, 1999
105 YEAS 7 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER E 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 Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS E JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
P 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 N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3758 JOURNAL OF THE [May 7, 1999]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 728
SEX OFFENDER INFO-INTERNET
THIRD READING
PASSED
MAY 07, 1999
111 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER E LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK 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 E 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 A PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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