7816 JOURNAL OF THE [November 4, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
66TH LEGISLATIVE DAY
Perfunctory Session
THURSDAY, NOVEMBER 4, 1999
10:30 O'CLOCK A.M.
The House met pursuant to adjournment.
Representative Klingler in the Chair.
Prayer by Anthony Rossi, Clerk of the House.
Gloria Helms led the House in the Pledge of Allegiance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Skinner replaced Representative Lawfer in the
Committee on Environment & Energy on October 6, 1999.
Representative Bill Mitchell replaced Representative Winkel,
Representative Klingler replaced Representative Righter, and
Representative Poe replaced Representative Osmond in the Committee on
Prosecutorial Misconduct on October 7, 1999.
Representative Dart replaced Representative Lou Jones,
Representative Scully replaced Representative Acevedo, Representative
O'Connor replaced Representative Rutherford, and Representative
Flowers replaced Representative Capparelli in the Committee on
Executive on October 13, 1999.
Representative Hoffman replaced Representative McGuire,
Representative Reitz replaced Representative Erwin, and
Representative Steve Davis replaced Representative Ronen in the
Committee on Tourism on October 15, 1999.
Representative Klingler replaced Representative Schmitz in the
Committee on Prison Management Reform on October 21, 1999.
Representative Parke replaced Representative John Jones in the
Committee on Tourism on October 27, 1999.
Representative Wirsing replaced Representative Winters,
Representative Wait replaced Representative O'Connor, and
Representative Lawfer replaced Representative Zickus in the Committee
on Urban Revitalization on September 8, 1999.
HOUSE OF REPRESENTATIVES 7817
Representative O'Connor replaced Representative Coulson, and
Representative Lawfer replaced Representative Tenhouse in the
Committee on Appropriations - Elementary & Secondary Education on
September 13, 1999.
Representative Curry replaced Representative Reitz in the
Committee on Environment & Energy on September 15, 1999.
Minority Leader Daniels announced the following temporary
committee assignments:
Representative Bassi will serve as the Republican Spokesman of
the House Urban Revitalization Committee scheduled for September 8,
1999.
PERMANENT COMMITTEE ASSIGNMENTS
Speaker Madigan appointed the following Democrat Members to serve
on the House Journal Review Committee:
Representative Currie, Chairperson; Representatives Hannig and
Lang.
Representative Daniels appointed the following Republican Members
to serve on the House Journal Review Committee:
Representatives Meyer and Tenhouse.
PENSION IMPACT NOTES SUPPLIED
Pension Impact Notes have been supplied for HOUSE BILLS 198, 199,
200, 202, 203, 204 and 205.
REPORTS FROM STANDING COMMITTEES
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken on
October 13, 1999, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 2883.
The committee roll call vote on HOUSE BILL 2883 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins A Lopez
Y Bradley A Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli (Flowers) Y Rutherford (O'Connor)
Y Tenhouse
MESSAGES FROM THE GOVERNOR
OFFICE OF THE SECRETARY OF STATE
7818 JOURNAL OF THE [November 4, 1999]
JESSE WHITE - Secretary of State
November 4, 1999
To the Honorable Speaker of the House:
Sir:
I am enclosing herewith a copy of the Approval Message from the
Governor as filed in my office and directed to the Honorable Members
of the House of the 91st General Assembly as follows:
HOUSE MESSAGES
HOUSE BILL PUBLIC ACT. NO. DATE OF MESSAGE
1308 91-0303 July 29, 1999
1622 91-0406 August 3, 1999
2163 91-604 August 16, 1999
Respectfully,
s/Jesse White
Secretary of State
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
I have signed House Bill 1308 which amends the Illinois Act on
the Aging to include among the Department on Aging's community care
program services an information clearinghouse for senior citizens
wanting to rent rooms or share living space with other senior
citizens.
I fully support the intent behind House Bill 1308. This
legislation seeks to promote information about the availability of
affordable housing for seniors, which will hopefully enable senior
citizens to remain in their own homes or other living arrangements as
long as possible. However, through this signing message, I wish to
make it clear that funds have not been appropriated for this purpose
in the Fiscal Year 2000 budget as passed by the General Assembly in
May. Before this program can be implemented, it is essential that
those who wish to take advantage of its benefit make the program a
funding priority with the General Assembly. When such funding is made
available by the General Assembly, this program can be effectively
implemented and its benefits fully realized.
With this clarification, I have signed House Bill 1308.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
HOUSE OF REPRESENTATIVES 7819
SPRINGFIELD, 62706
August 3, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
I have signed into law House Bill 1622 which requires insurance
carriers to offer coverage for routine care such as Bood tests,
X-rays, bone scans, magnetic resonance images, patient visits,
hospital stays or other similar costs generally incurred with
standard cancer treatment if that care is administered in conjunction
with investigational cancer treatment. The bill also requires the
Department of Insurance to report on the costs and benefits derived
from the implementation of the coverage requirements in House Bill
1622.
House Bill 1622 explores the potential advantages and
disadvantages of insurance coverage for the routine costs associated
with investigational cancer treatment. The bill includes a provision
detailing the procedures that are to be covered and the procedures
excluded from coverage. Drugs or pharmaceuticals in connection with
an approved clinical trial are excluded from coverage in the bill.
However, the exclusion of coverage for drugs and pharmaceuticals
in House Bill 1622 is not meant to interfere with the provisions in
the Illinois Insurance Code (215 ILCS 5/370r and 215 ILCS 125/4-6.3).
The provisions in this act require insurance carriers to pay for
drugs approved by the federal Food and Drug Administration (FDA) even
if they are prescribed for a cancer treatment in which the drug is
not approved. The exclusion of drug and pharmaceutical coverage in
the bill should not be perceived as a contradiction to the provisions
of the Insurance Code that require an insurance carrier to cover
drugs approved by the FDA, even if they are prescribed for a cancer
treatment in which the drug is not approved.
Therefore, I have signed House Bill 1622 into law to require
insurance carriers to offer coverage for routine care administered in
conjunction with investigational cancer treatment.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 16, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
I am signing House Bill 2163, which creates the International
Tourism Fund to be administered through the Department of Commerce
and Community Affairs (DCCA). It establishes that 6 percent of the
7820 JOURNAL OF THE [November 4, 1999]
net revenue realized from the Hotel Operators' Occupation Tax Act be
deposited into this fund. This legislation would then make available
an estimated 9 million dollars to be used to help attract
international tourists to Illinois. While 55 percent of the money
would be granted to Chicago international tourism efforts, another 45
percent would be eligible to be used for international tourism
efforts outside the City of Chicago.
While I support Illinois' effort to bolster its market for
international tourism, a provision of this bill calls for the
establishment of a not-for-profit board comprised of the Director of
DCCA, the Chicago Convention and Tourism Bureau, the Mayor's Office
of Tourism and two downstate tourism bureaus with international
programs (chosen by the Director of DCCA). The Board's purpose would
be to decide which tourism bureaus outside the City of Chicago would
receive grants from the fund. I believe that these funds, which are
state revenues, should be administered by DCCA rather than a
not-for-profit board, of which 4 of the 5 members are grant
recipients.
The state's most recent tourism statistics show that the largest
growth and opportunity area is international tourism, which generates
more than $1.3 billion annually for Illinois' economy. For that
reason, rather than make an amendatory change to this bill and delay
the additional funding for international tourism programs, I will
seek legislation moving the administration of these funds to DCCA
during the Fall Veto Session.
Sincerely,
s/GEORGE H. RYAN
Governor
OFFICE OF THE SECRETARY OF STATE
JESSE WHITE - Secretary of State
November 4, 1999
To the Honorable Speaker of the House:
Sir:
In compliance with the provisions of the Constitution of the
State of Illinois, I am forwarding herewith the enclosed House Bills
that are being returned by the Governor with specific recommendations
for change.
HOUSE BILLS
421 1388
427 1676
526 1762
604 1766
669 1816
721 1832
777 1837
811 1942
1366 2005
1383 2256
Respectfully,
s/Jesse White
Secretary of State
HOUSE OF REPRESENTATIVES 7821
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, and County of
Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be
consistent with fundamental purposes and the intent of the bill, I
hereby return House Bill 421, entitled "AN ACT to amend the Illinois
Marriage and Dissolution of Marriage Act by changing Section 505, "
with my specific recommendations for change.
Current law requires that after application of guidelines
establishing an amount of child support, a court's final order must
clarify the support level in dollar amounts. House Bill 421 would
amend this requirement to allow the court to order a percentage
amount of support either in addition to or in lieu of a dollar
amount. If the court finds that the child support amount cannot be
expressed exclusively as a dollar amount because all or a portion of
the payor's net income is uncertain as to source, time of payment or
amount, the court may order a percentage amount of support either in
addition to or in lieu of a dollar amount and enter such other orders
as may be necessary to collect the applicable support as determined
under this Act on a timely basis.
The bill is intended to provide for self-adjusting support orders
where the obligor's income is inconsistent, which may occur with
self-employed individuals. This approach, in regard to support
levels, may be most useful in the private sector. When it is applied
in cases where a party is receiving services from the Illinois
Department of Public Aid's child support enforcement program, the
difficulties presented with monitoring and enforcing such orders and
complying with federal requirements are virtually insurmountable.
Federal law and regulation under Title IV, Part D of the Social
Security Act require the use of support enforcement and collection
remedies within stated timeframes after child support delinquencies
have accrued. Under federal regulations at 45 CFR 303.6, Enforcement
of support obligations, the State's Title IV-D child support
enforcement agency "... must maintain and use an effective system
for:
(a) Monitoring compliance with the support obligation;
(b) Indentifying on the date the parent fails to make payments in
an amount equal to the support payable for one month, or on
an earlier date in accordance with State law, those cases in
which there is failure to comply with the support
obligation; and
(c) Enforcing the obligation by
(1) Initiating income witholding, ...;
(2) Taking any appropriate enforcement action...unless
7822 JOURNAL OF THE [November 4, 1999]
service of process is necessary, within no more than 30
calendar days of indentifying a delinquency or other
support-related noncompliance with the order..."
When a support order is reported as a percentage of the obligor's
income rather than as a specific dollar amount, the order does not
clarify whether the amount paid by an obligor is the correct amount
to be paid or whether the obligor has accrued a delinquency. This is
because the Department cannot efficiently determine the obligor's
income for the period. Thus, the Department cannot "maintain and use
an effective system" for monitoring compliance with support orders
and identifying the existence of delinquencies in order to take
timely enforcement action in accordance with federal requirements.
Circuit Clerks and enforcement personnel will experience similar
difficulties with support orders expressed exclusively in terms of a
percentage.
When a percentage expressed support order is paid through income
withholding, the Department has no way of knowing whether the
employer is deducting from the obligor's income and paying the
correct amount of child support. Percentage expressed orders also
cause significant problems when the order must be enforced in another
state where the laws do not contain provisions for percentage
expressed orders.
The Department will be unable to employ many effective and
federally required enforcement remedies (such as federal and State
income tax refund offset, liens and levies, license suspension and
revocation, and credit bureau reporting) to collect delinquencies in
cases with percentage expressed orders because it will not know that
a delinquency exists.
If a court rules in a percentage order case that an amount of
delinquency has accured for a given time period and orders a specific
amount to be paid periodically until the delinquency is paid in full,
the Department will not know whether a payment it receives represents
current support only or also includes payment on the delinquency.
This is because the Department will not know what the obligor's
income was for the period represented by the payment it received. The
Department will have to assume that the full amount paid for the time
period was for current support. This will make it impossible for the
Department to comply with federal requirements for distribution of
support collections under 42 USC 657. As a result, children will not
receive the support to which they are entitled, and the State of
Illinois will lose assigned support money that could have been
applied to reimburse the State for public assistance paid in
Temporary Assistance for Needy Families (TANF) cases.
A child support order expressed in percentage terms allows the
order to adjust to the payor's irregular income, such as bonuses or
seasonal overtime. However, in order to comply with federal law, the
Department must have the ability to monitor compliance with a support
obligation of a specific dollar amount. These competing goals can be
resolved by maintaining the requirement under current law for a base
support order in fixed dollar terms, in accordance with the existing
guidelines, and allowing the court to enter an additional support
order in percentage terms.
The Department will continue to enforce support orders of a
specific dollar amount, which allows the Department to monitor
compliance with the order in accordance with federal law.
Periodically, the court may require a reconciliation of the
percentage order to the specific dollar order, and order additional
support to be paid if the percentage of the payor's income exceeded
the specific dollar order. The specific dollar order shall serve as a
floor; the payor's obligation cannot be reduced if his income fell
during the time period reviewed.
HOUSE OF REPRESENTATIVES 7823
For these reasons, I submit the following specific
recommendations for change:
on page 4, by replacing lines 1 and 2 with "particular case. The
final order in all cases shall state the support level"; and
on page 4, by replacing line 8 with "support in addition to
specific dollar"; and
on page 4, by replacing lines 10 and 11 with "determine and
enforce, on a timely basis, the applicable support
ordered.".
With these specific recommendations for change, House Bill 421
will have my approval. I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 20, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex. Rel Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex.Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 427 entitled, "AN
ACT to create the Assisted Living and Shared Housing Act, amending
named Acts," with my specific recommendations for change.
House Bill 427 creates the Assisted Living and Shared Housing Act
to be administered by the Department of Public Health with the
cooperation of the Department on Aging. This legislation permits the
development and operation of assisted living and shared housing
establishments for senior citizens with certain services, including
meals, housekeeping, security, and necessary assistance with
activities of daily living, required to be provided. It also requires
facilities to be licensed, establishes license requirements and
minimal staffing levels, and sets forth penalties for violations.
In addition, House Bill 427 creates the Assisted Living and
Shared Housing Advisory Board to advise the Director of Public Health
in the administration of the Act and provides that the Director of
Public Health act as Chairman of the Board and the Director of the
Department on Aging act as Vice-Chairperson. The Department on Aging,
with assistance from the Department of Public Health, is required to
study and report the effects of the Act upon the availability of
housing for seniors.
7824 JOURNAL OF THE [November 4, 1999]
House Bill 427 will have sweeping programmatic, fiscal and
regulatory implications for both state agencies and communities, and
I have three concerns with the way it is written. First, because I
firmly support assisted living programs and want to ensure that they
are providing the best services possible, I believe it is important
that the Governor appoint the members of the Assisted Living and
Shared Housing Advisory Board rather than the Director of the
Department of Public Health. I am equally concerned that assisted
living programs which operate from a social model must not be
confused or blended with the medical model utilized in nursing home
settings, thereby assuring no conflict between these service options.
Finally, I am concerned about the time needed to design and implement
the bill's components.
Considering that two state agencies are required to establish
program and licensing standards that will impact a variety of
community organizations and institutions, I want to make certain that
the requirements of House Bill 427 are appropriately addressed so
that Illinois' assisted living programs are of the highest caliber.
Currently House Bill 427 divides sections within the bill and directs
that they be implemented according to different time lines. However,
by changing all of House Bill 427 to become effective January 1,
2001, a piecemeal approach to developing the State's assisted living
programs will be avoided and State agencies will have the necessary
time to plan. In the meantime, I will direct the Department of Public
Health and the Department on Aging to begin planning immediately in
order to guarantee that House Bill 427 can be implemented on January
1, 2001.
For these reasons, I hereby return House Bill 427 with the
following recommendations for change:
On page 24, by replacing lines 26 through 29 with the following:
"be employed by the owner or operator of the establishment,
its parent entity, or any other entity with ownership common
to either the owner or operator of the establishment or
parent entity, including but not limited to an affiliate of
the owner or operator of the establishment. Nothing in this
section is"; and
On page 32, line 19, by changing "Director" to Governor"; and
On page 33, line 28, by changing "Director" to "Governor"; and
On page 35, by replacing line 2 with "appointed by January 1,
2001"; and
On page 35, line 3, by deleting "March 1, 2000"; and
On page 35, line 6, by changing "Director" to "Governor"; and
On page 36, line 4, by changing "Director" to "Governor"; and
On Page 58, by replacing lines 31 through 33, with the following:
"Section 199. Effective Date. This Act takes effect on
January 1, 2001."; and
On page 59, by deleting line 1.
HOUSE OF REPRESENTATIVES 7825
With these changes, House Bill 427 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House Representative
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 526 entitled "AN
ACT concerning criminal law," with my specific recommendations for
change.
House Bill 526 amends the Criminal Code of 1961 relating to
eavesdropping, by expanding the definition of an eavesdropping device
to include a device that can intercept, retain or transcribe
electronic communications. The bill provides that a person is guilty
of eavesdropping if he/she manufactures, distributes, or possesses a
device knowing or having reason to know that the design of the device
renders it primarily useful for surreptitious hearing or recording of
oral conversations or the interception, retention, or transcription
of electronic communications and the intended or actual use of the
device is contrary to the Eavesdropping Article of the Criminal Code.
Finally, it provides that the eavesdropping of an oral
conversation or an electronic communication between any law
enforcement officer, State's Attorney, Assistant State's Attorney,
the Attorney General, Assistant Attorney General, or a judge, when in
the performance of his or her official duties, if not authorized by
the Eavesdropping Article of the Code or Court order is a Class 1
felony.
I fully support the intent of House Bill 526, which is to stop
the illegal cloning of pagers and cellular phones. Apart from the
economic damage done to legal cell phone customers and their service
providers, cloned cell phones are very often used by criminal
organizations to avoid investigation by law enforcement.
However, as written, this bill would inadvertently eliminate the
ability of Department of Corrections employees to use electronic
equipment to locate and trace the illegal use of cell phones and
pagers which have been smuggled into correctional facilities, and
used by prisoners to conduct criminal activities.
Therefore, I offer the following recommendations for change:
on page 4, line 4, by inserting:
7826 JOURNAL OF THE [November 4, 1999]
"and employees of the Illinois Department of Corrections"
after "enforcement officers"; and
on page 4, by inserting between lines 6 and 7 the following:
"(d) The interception, recording, or transcription of an
electronic communication by an employee of the Illinois
Department of Corrections is not prohibited under this Act,
provided that the interception, recording or transcription
is:
1. otherwise legally permissible under Illinois law;
2.conducted with the approval of the Illinois Department of
Corrections for the purpose of investigating or enforcing a
state criminal law or a Department rule or regulation with
respect to persons committed to the Department; and
3. "within the scope of the employee's official duties.";
and
on page 4, by inserting after line 19 the following:
"Section 99. Effective date. This Act takes effect on
January 1, 2000."
With these changes, House Bill 526 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and reaffirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 604, entitled "AN
ACT to amend the Illinois Vehicle Code," with my specific
recommendations for change.
House Bill 604 amends the Illinois Vehicle Code to provide that
an automobile dealer's liability insurance for a permitted user will
be applicable if the permitted user has no insurance or has insurance
in an amount less than the financial responsibility limit of 20/40/15
($20,000 for bodily injury to, or death of, any one person as a
result of any one accident; $40,000 for bodily injury to, or death
of, 2 or more persons in any one accident, and $15,000 for damage to
property as a result of any one accident) mandated by present State
law (the automobile dealers required minimum limit is 100/300/50 -
$100,000 for bodily injury to, or death of, any one person as a
result of any one accident; $300,000 for bodily injury to, or death
HOUSE OF REPRESENTATIVES 7827
of, 2 or more persons in any one accident, and $50,000 for damage to
property as a result of any one accident). The bill alters current
public policy by making the permitted user's coverage primary, with
the dealer's insurance being applied only in excess of the permitted
user's insurance limits and any other insurance (including
underinsured motorist coverage) applicable to the permitted user's
liability. I do not object to the basic change in public policy of
shifting the primary and secondary coverage responsibilities.
Currently, when an individual is issued a vehicle by an
automobile dealer for either a test drive or for purposes of driving
as a "loaner," and if these individuals were to be the cause of an
accident in this vehicle, then the automobile dealer would be
responsible for maintaining primary liability coverage. The principal
intent of this legislation is to ensure that the individual, and his
or her personal motor vehicle liability coverage, is primary to that
of the liability of the automobile dealer which permitted the user to
operate the vehicle.
I am, however, concerned that this bill makes a number of other
changes which may unnecessarily shift a more substantial liability
burden not only to the permitted user, but also to injured third
parties involved in claims which result from a permitted user's
negligence. First, the bill provides that in a case where a permitted
user is at fault in causing damage while driving an automobile owned
by the dealer, the permitted user's coverage will be primary, with
the dealer's insurance being applied only in excess of the permitted
user's insurance limits and any other insurance, including
underinsured motorist coverage, applicable to the permitted user's
liability. Under this scenario, when an accident occurs, the driver's
personal auto insurance policy pays first, then any other coverages
apply (presumably the injured party's own personal insurance) and
lastly, the coverage of the automobile dealer.
Basically, this language creates a situation where the automobile
dealers are insulating themselves from liability in accidents
involving their vehicles. There are three ways in which the
automobile dealer is insulated from liability in this bill. The first
is the transfer of primary liability to the driver's personal
automobile liability insurance. This is the main intent of this
legislation, and I do not intend to alter this portion of the bill.
Second, however, the bill allows for underinsured motorist coverage
and other insurance coverages to be applicable in an accident before
the dealer's policy is applicable. This language is not only
ambiguous as to what other coverages can be applied in the case of an
accident, but it also places the dealer's liability insurance in line
after the underinsured motorist coverage provided by the injured
party's liability policy. Furthermore, this language violates the
legislative intent established for underinsured motorist coverage in
that an individual should exhaust all applicable liability limits
prior to making a claim under their own underinsured motorist
coverage. Clearly, the automobile dealer bears some responsibility to
maintain required liability insurance in the case of a permitted user
and neither the third party's nor a permitted user's underinsured
motorist coverage should be accessed prior to the dealer's own
liability insurance being accessed. It is my conclusion that this
language is not only confusing and unnecessary, but also
inappropriate in this context.
The third portion of the bill which insulates the automobile
dealer from liability in an accident is language which could be
construed as limiting the liability which an automobile dealer, as
well as its insurer, will be liable for by capping their total
liability in regards to the permitted user at levels of 100/300/50,
which is also the minimum liability limits required by law for
7828 JOURNAL OF THE [November 4, 1999]
automobile dealers to carry. I believe that this sets a dangerous
precedent by allowing an industry to limit a portion of its overall
liability (i.e., permitted users liability) by statue, regardless of
the amount of liability insurance which it may carry while
simultaneously limiting an injured third party from recovering a
substantial amount of the damages which rightfully may be due to
them. Moreover, this legislation would grant a unique privilege to
automobile dealers which is unprecedented and may inspire a greater
trend towards caps on this type of insurance coverage.
I do not believe the legislature intended for this bill to have
these results; therefore, in order to correct these flaws, I submit
the following specific recommendations for change:
On page 3, lines 33 and 34, remove the phrase "and any other
insurance including, but not limited to, underinsured motorist"
On Page 4, line 1, delete the word "coverage"
On Page 4, line 1, insert the phrase "motor vehicle" between the
words "user's" and "liability,"
On Page 4, delete lines 2 through 7.
On Page 11, lines 31 and 32, remove the phrase "and any other
insurance including, but not limited to, underinsured motorists
coverage"
On Page 11, line 33 insert the phrase "motor vehicle" between the
words "user's" and "liability,"
On Page 11, lines 33 and 34, remove the phrase "Where the used
vehicle dealer's insurance applies as excess insurance, the"
On Page 12, delete lines 1 through 4.
With these changes, House Bill 604 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and reaffirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 669 entitled "AN
ACT to amend the Unified Code of Corrections by changing Section
3-6-2."
House Bill 669 amends the Unified Code of Corrections to require
a prisoner in a Department of Corrections facility who receives
medical or dental services on a non-emergency basis at the
HOUSE OF REPRESENTATIVES 7829
correctional facility to pay a $2 co-payment to the Department. Under
current law, a co-payment is already required if the medical or
dental services are performed at a place other than the correctional
facility.
I fully support the provisions of this bill; however, I am
concerned than an unintended outcome of this bill might be to
unnecessarily discourage inmates from seeking necessary medical
attention early, thus allowing their condition to worsen, requiring
expensive, taxpayer-funded emergency treatment, and possibly
infecting other inmates and staff in the interim.
For example, a diabetic who fails to seek regular insulin
treatments due to the $2 co-pay may exacerbate his condition, costing
the Department of Corrections - and taxpayers - far more in medical
costs over the long term. Likewise, a prisoner who contracts
tuberculosis but fails to seek immediate medical attention could
infect both staff and inmates, resulting in danger to staff, and a
costly quarantine.
Therefore, I offer the following recommendation for change:
On page 3, after line 22, insert the following:
"has a chronic illness, as defined by Department rules and
regulations, shall be exempt from the $2 co-payment for treatment
of the chronic illness. A committed person shall not be subject
to a $2 co-payment for follow-up visits ordered by a physician,
who is employed by, or contracts with, the Department. A
committed person who"
With this change, House Bill 669 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and reaffirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 721 entitled, "AN
ACT to amend the Health Care Surrogate Act by adding Section 60.,"
with my specific recommendations for change.
House Bill 721 amends the Health Care Surrogate Act to prohibit a
surrogate decision maker, other than a court appointed guardian, from
authorizing involuntary treatment as defined in Section 1-121.5 of
the Mental Health and Developmental Disabilities Code. However, the
7830 JOURNAL OF THE [November 4, 1999]
bill does allow the surrogate decision maker to petition the court if
they believe the treatment is necessary.
I fully support the intent behind House Bill 721 in protecting
mental health and developmentally disabled individuals from unwanted
involuntary treatment. I cannot, however, support the bill as written
which I believe inadvertently grants more authority to
court-appointed guardians under the Health Care Surrogate Act than is
allowed under the Mental Health and Developmental Disabilities Code.
The language in the bill amending the Health Care Surrogate Act would
allow a court-appointed guardian to consent to psychotropic
medication or electroconvulsive therapy and admission to a mental
health facility. The Mental Health and Developmental Disabilities
Code is more restrictive and permits a court-appointed guardian to
consent to psychotropic medication and electroconvulsive therapy only
where the ward does not object. If the ward objects to the treatment,
the guardian must petition the court for an order authorizing
involuntary treatment. House Bill 721 should recognize these
protections in the Mental Health and Developmental Disabilities Code.
Therefore, I offer the following recommendation for change:
on page 1, by inserting between lines 20 and 21 with the
following:
"(c) This Section does not grant a court-appointed guardian
any additional authority to consent to specific mental
health services than is permitted by the Mental Health and
Developmental Disabilities Code."
With this change, House Bill 721 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 16, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and reaffirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 777 entitled, "AN
ACT in relation to prisoners," with my specific recommendation for
change.
House Bill 777 amends the Unified Code of Corrections to allow
the Department of Corrections to remove an inmate from a correctional
facility and place them in long-term care if the inmate is in need of
care due to age, chronic infirmity or disability. The bill
HOUSE OF REPRESENTATIVES 7831
disqualifies any committed persons subject to the Truth-in-Sentencing
provisions and convicted after June 1, 1998 from participation in
long-term care as established by the bill.
The inmate population in Illinois' correctional facilities is
aging. As the inmate population ages, many will require long-term
care. House Bill 777 is an attempt to make arrangements to provide
for the needs of these individuals. While it is important to provide
for the long-term care needs of the aging corrections population,
several criteria must be met before the State can implement a
long-term care alternative plan for convicted persons. First, the
safety of the residents in traditional long-term care facilities is
paramount. The bill provides no protections or safeguards to ensure
that convicted persons are not placed in traditional long-term care
facilities. Additionally, the interests of taxpayers have to be
considered and observed. If placing convicted persons in long-term
care facilities outside of the correctional establishment is not cost
effective, it should not be done.
For these reasons, I am returning House Bill 777 with the
following recommendation for change:
on page 4, by replacing line 18 with the following:
"Code does not qualify for transfer. The Department shall
not remove a committed person to such nursing facility
unless the Department determines that the cost to the State
of such nursing facility care is less than the cost to the
State of having such person in an institution or facility of
the Department. A nursing facility that accepts these
committed persons must be used exclusively for these
committed persons and may not admit or retain residents who
are not committed persons.
With this specific recommendation for change, House Bill 777 will
have my approval. I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and reaffirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 811 entitled, "AN
ACT in relation to alternatives to dissection," with my specific
recommendations for change.
7832 JOURNAL OF THE [November 4, 1999]
House Bill 811 creates the Dissection Alternatives Act to allow
schools to excuse a student from performing or observing dissection.
The school may allow the student to perform an alternate task instead
of participating in a dissection. House Bill 811 also directs the
State Board of Education to develop guidelines for notifying students
and parents about courses that include dissection. Finally, this bill
provides that students may not be penalized for refusing to
participate in or observe dissection.
The provisions of House Bill 811 were intended to be permissive
and allow schools to develop alternative projects and coursework for
students who object to performing, participating in, or observing a
dissection. However, Section 25 of House Bill 811 provides that "a
student may not be penalized" for refusing to participate in a
dissection. This section would force schools to come up with an
alternative to dissection if a student objected. In some instances,
especially in specialized higher education coursework, there may not
be an alternative to dissection. This would force the school to
advance or graduate a student without the knowledge that they would
normally expect to gain from participating in the dissection.
By removing Section 25 from House Bill 811, this legislation
becomes truly permissive in allowing schools and local communities to
make decisions regarding dissection alternatives.
Therefore, I offer the following recommendations for change:
On page 3, by deleting lines 3-5.
With this change, House Bill 811 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1366 entitled "AN
ACT to amend the Illinois Municipal Code by changing Sections
11-135-2, 11-135-3, and 11-135-4," with my specific recommendation
for change.
House Bill 1366 amends the Illinois Municipal Code to provide
that an additional municipality or water commission (now
municipality) may join a joint water supply and water works system if
the municipality or water commission has been a continuous customer
HOUSE OF REPRESENTATIVES 7833
of the same water commission for a minimum of 20 years, receives at
least 90 percent of its water from the water commission, or the
population of the municipality or water commission exceeds 20 percent
(now 25 percent) of the population of then current members. It also
provides that the name of the commission may (now shall) be changed
when a member joins. Further, this legislation amends the Code by
deleting a provision that a commissioner of a water commission, who
is an employee of the municipality or county from which the
commissioner is appointed, may not receive compensation for serving
as a commissioner.
Although, I fully support the intent of House Bill 1366, one
provision of House Bill 1366 could have an unintentional result.
Under this legislation, a municipality or water commission may join a
joint water supply and water works system if the municipality or
water commission meets just one of the three conditions noted
previously. If a given water commission must accept a new
municipality or water commission based on just one of these
requirements, this will create a serious strain on the commission
because it could result in mandatory membership into a commission
without the commission having the ability to properly adjust the
financial and operational structure of the commission to accommodate
the new member.
Therefore, I offer the following recommendation for change:
On page 4, line 17, by replacing "or and" with "and".
With this change, House Bill 1366 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 16, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356
(1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1383 entitled "AN
ACT concerning wireless 9-1-1 service," with my specific
recommendations for change.
In Illinois and across the United States, 9-1-1 has become the
recognized standard telephone number that can be called in all
emergencies. House Bill 1383 creates the Wireless Emergency Safety
Act and is intended to establish a seamless, statewide wireless 9-1-1
system so that whenever cell phone users dial 9-1-1, whether they are
7834 JOURNAL OF THE [November 4, 1999]
using a cellular phone or a traditional phone plugged into their
home, they will receive the same rapid response. Today there are some
other regions of Illinois that do not have wireless 9-1-1 service.
There are other regions of the state where a 9-1-1 call from a
cellular phone is not received by a dispatcher close to the site of
the caller. In most cases callers must give an accurate description
of their location, as opposed to the dispatcher being able to
automatically identify the location where the call is coming from.
The Federal Communications Commission has required that all
states move toward the establishment of a dependable wireless 9-1-1
system. Here in Illinois, the sponsors of this bill have worked for
several years to pass legislation that helps make this a reality.
They have dealt with a wide range of interest groups and maintained
their focus of looking for the most practical, efficient way to
advance the cause of public safety. House Bill 1383 is the result of
that effort.
House Bill 1383 represents a variety of compromises and imposes
safeguards against undesirable results (the strongest of which is a
five-year sunset date). Although there are some flaws in House Bill
1383, I believe that all future corrections should begin from the
foundation built by this legislation. Accordingly, I am recommending
two specific changes to House Bill 1383 that I believe are necessary
to build the public's confidence and ensure the smooth implementation
of this bill.
There is a question as to whether or not the bill inadvertently
authorizes a statewide surcharge that could be added on top of the
current $1.25/month surcharge applied in the city of Chicago for
9-1-1 service. While no one believes that it was the intent of the
bill to allow for a double surcharge, I want to be absolutely certain
that this will not take place.
Since the level of the statewide surcharge will be set by the
newly created Board, I also want to make sure that the public has
input into the process of determining the appropriate rate and that
this rate is based on accurate information, including the correct
number of cellular telephones in each region. Once this process is
completed I would like the Board to publicly explain how they reached
their decision before the surcharge is imposed.
Signing this important legislation into law is the right thing to
do, but by making these two changes the bill has a better chance of
achieving the goals set out by the sponsors, including building
public support for the surcharge. I will do everything in my power to
make sure that any other problems that arise from this Act are
quickly addressed. I want all parties to stay focused on the ultimate
goal, which is to increase public safety by crating a 9-1-1 system
that works first time, all the time, regardless of where you live or
where you are when you make the call.
For these reasons, I hereby return House Bill 1383 with the
following recommendations for change:
On page 6, line 12, by inserting the following between the words
"State." and "The":
"Prior to the Wireless Enhanced 9-1-1 Board setting any
surcharge, the board shall publish the proposed surcharge in
the Illinois Register, hold hearings on the surcharge and
the requirements for an efficient wireless emergency number
system and elicit public comment. The board shall determine
the minimum cost necessary for implementation of this system
and the amount of revenue produced based upon the number of
wireless telephones in use. The board shall set the
surcharge at the minimum amount necessary to achieve the
goals of the Act and shall, by July 1, 2000, file this
information with the Governor, the Clerk of the House and
HOUSE OF REPRESENTATIVES 7835
the Secretary of the Senate."; and
On page 6, line 15, by replacing "January 1" with "July 1"; and
On page 6, line 22, by replacing "Upon" with "The Board upon";
and
On page 6, line 23, by replacing "filing its report, the Board"
with the following:
"completion of all its duties required under this Act"; and
On page 6, line 30, by inserting the following after the word
"State":
"No wireless carrier shall impose the surcharge authorized
by this Section upon any subscriber who is subject to the
surcharge imposed by a unit of local government pursuant to
Section 45."
With these changes, House Bill 1383 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1388, entitled "AN
ACT to amend the Illinois Vehicle Code by changing Section 7-601,"
with my specific recommendations for change.
House Bill 1388 amends the Illinois Vehicle Code to provide that
all state employees who are assigned a vehicle owned by the state
shall provide certification each year that affirms that the employee
is licensed to drive and has non-owned vehicle liability endorsement
in the form of insurance. It further provides that if, for any
reason, a state employee no longer has a license to drive or nor
longer has liability insurance, he or she shall not have authority to
operate a state owned vehicle. I am supportive of the intent of this
legislation and the statutory deficiencies this legislation attempts
to address.
Currently, when a state employee is found liable while using a
vehicle for non-official state business, the injured third party has
no recourse to collect damages except against the employee's personal
assets. The intent of this legislation is to ensure that the employee
is protected by insurance, thereby, providing a source of recovery
for damages to that injured third party.
7836 JOURNAL OF THE [November 4, 1999]
However, I am concerned that the public incorrectly assumes that,
when a specific state-owned vehicle is assigned to a state employee
for non-business use, that the state employee's personal automobile
liability policy provides coverage for the use of that vehicle and,
if the employee does not own a vehicle, they can purchase a non-owned
vehicle liability policy for such coverage.
This legislation could be interpreted to mean that the employee's
automobile liability coverage would be primary for liability damages
even when the automobile is used for official state business.
However, the State of Illinois Self-insured Motor Vehicle Liability
Plan provides primary coverage for a state employee's use of a state
vehicle for official state business.
Finally, many peace officers employed by the State are required
to take their vehicles home with them after they complete their
shift. However, these employees who are required to take their patrol
cars home are prohibited from using these vehicles for personal use.
In some cases, the insurance required by this legislation is not
available. Consequently, I do not believe these employees should be
subject to the provisions of this bill.
Therefore, I return House Bill 1388 with the following specific
recommendations for change:
On Page 2, lines 21 and 22, replace "a non-owned vehicle
liability endorsement in the form of insurance" with
"liability insurance coverage extending to the employee when
the assigned vehicle is used for other than official state
business"; and
On Page 3, line 3, replace "non-owned vehicle liability
endorsement" with "automobile liability insurance coverage
as required in item (c)(i)"; and
On page 3, by inserting between lines 8 and 9 the following:
"All peace officers employed by a State agency who are
primarily responsible for prevention and detection of crime
and the enforcement of the criminal, traffic, or highway
laws of this State, and prohibited by agency rule or policy
to use an assigned vehicle owned or leased by the State for
regular personal or off-duty use, are exempt from the
requirements of this Section."
With these changes, House Bill 1388 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
HOUSE OF REPRESENTATIVES 7837
in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1676 entitled "AN
ACT to amend the Illinois Vehicle Code by adding Section 18b-112,"
with my specific recommendations for change.
Maintaining safe highways is a top priority for my
Administration. I worked hard to promote this goal as Secretary of
State and will continue to do so as Governor. Much of the Illinois
FIRST program is devoted to building and maintaining safer roadways.
House Bill 1676 attempts to increase safety by establishing rules
for intermodal trailers, which are often owned or shipped by
railroads and steamship lines, before being transferred to individual
truckers for delivery to their final destination. The trucking
industry has been concerned that in too many cases they are taking
delivery of inter-modal units that are either in poor or unsafe
condition. The truckers suffer the consequences, both in personal
injury and loss of business, when these intermodal trailers are
defective. The trucking industry introduced this legislation in an
attempt to set clear rules on who is responsible for the maintenance
of these intermodal trailers. The railroad industry and the steamship
industry have expressed concerns that the legislation goes too far in
exempting truckers from any liability.
At the same time, the Federal government is currently considering
uniform rules that would apply to the handling of intermodal trailers
across the country. A hodgepodge of rules makes it difficult to
operate a successful shipping and freight business. I want to make
sure that once Federal rules are established they will take
precedence over rules that may be imposed by this law. I also want to
delay the effective date for these new rules in Illinois so all
interested parties--truckers, railroads, and steamship lines-- have
an opportunity to prepare for their implementation AND to push for
Federal action. However, in the absence of Federal action, these
rules will take effect on July 1, 2000. The delayed effective date
also would allow all parties to work toward agreement on the
definition of "ownership" of these intermodal trailers and assigning
responsibility for defects with the trailers. There are some
differences that can not be resolved in this amendatory veto.
However, I believe the delayed effective date provides another chance
to resolve these issues.
Finally, the bill would require that all fines and court costs
that are payable by the trucker as a result of a citation must be
reimbursed by the equipment provider, whether or not the trucker is
found guilty. This is not fair and violates any sense of shared
responsibility among all parties in making the transfer and delivery
of intermodal trailers as efficient and safe as possible. It would be
my preference that the free market lead to a reasonable system of
shared responsibility but the passage of this bill, and the prospect
of Federal regulation indicates, that this has not been the case.
For these reasons, I hereby return House Bill 1676 with the
following recommendations for change:
On page 2, line 20, delete "Right" and replace with "Duty"
On page 5, line 6, delete "(b)" and replace with "(d)(2)"
On page 5, lines 10-11, delete "whether the operator is
found guilty or not"
On page 5, insert below line 28 "(g) This Section shall not
be applied, construed, or implemented in any manner
inconsistent with, or in conflict with, any provision of the
federal motor carrier safety regulations."
7838 JOURNAL OF THE [November 4, 1999]
On page 5, line 30, delete "January" and insert "July"
With these changes, House Bill 1676 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the Authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
people of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1762 entitled, "AN
ACT concerning treatment of addicts and alcoholics," with my specific
recommendations for change.
House Bill 1762 amends the Alcoholism and Other Drug Abuse
Dependency Act to provide that criminal offenders convicted of
residential burglary or a repeat Class 2 or greater felony are
eligible for probation if they are eligible, elect to receive and are
accepted into a designated treatment program.
It is my understanding that it is current judicial practice to
sentence some first-time residential burglary offenders and repeat
Class 2 or greater felony offenders to substance abuse treatment
under the powers granted to the court in the Alcoholism and Other
Drug Abuse Dependency Act. However, in practice, and issue has arisen
in some counties as to whether such persons may be supervised by the
probation department since the Unified Code of Corrections makes
these offenses non-probationable. Persons convicted of lesser
offenses are currently being placed in treatment and supervised by
the county probation department. This bill is attempting to provide
that persons going into treatment and convicted of residential
burglary or a repeat Class 2 or greater felony will also be
supervised by the county probation department. The bill merely
reinforces current judicial practice and does not represent a
lessening of the penalty currently applied. Because of this, the bill
should not create a significant increase in the number of persons
going into alternative treatment programs.
However, through these recommended changes, I want to ensure that
the discretion of the sentencing judge under current law is
maintained and that the judge can still sentence an offender to
imprisonment if deemed appropriate. I am also concerned that the
changes made by the bill in the Unified Code of Corrections are
confusing and believe that the current language should remain in the
HOUSE OF REPRESENTATIVES 7839
non-probationable section of the Code of Corrections while clearly
referring to the probation exception for treatment in the Alcoholism
and Other Drug Abuse and Dependency Act.
Therefore, I make the following specific recommendations for
change:
on page 1, line 14 by changing "shall may" to "may"; and
on page 6, by replacing lines 15 through 20 with the
following:
"(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 the offender committed the offense for
which he or she is being sentenced, except as otherwise
provided in Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act. (G) Residential burglary ,except
as otherwise provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act."; and
on page 7, by deleting lines 23 through 34; and
on page 8, by deleting lines 1 through 4.
With these changes, House Bill 1762 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 22, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill. 2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1766 entitled, "AN
ACT concerning community college foundations, amending named Acts,"
with my specific recommendations for change.
House Bill 1766 amends the Public Community College Act and the
State Finance Act to provide community college foundations the
opportunity to qualify for matching challenge grants from State funds
at the matching rate of $2.00 of appropriated State funds for each
$3.00 the community college foundation receives through private
contributions. Each community college foundation would have the
opportunity to match at least one $25,000 challenge grant, or, if the
7840 JOURNAL OF THE [November 4, 1999]
appropriation is insufficient, the amount available would be prorated
equally among the community college foundations.
This bill further creates the Academic Improvement Trust Fund for
Community College Foundations in the State treasury. The State
appropriation would be transferred to the Fund on the first day of
the fiscal year or as soon as practicable. The use of all moneys in
the Fund would be restricted to encouraging private community college
support. Finally, House Bill 1766 prescribes procedures and
requirements related to qualifying claims, payments into the Fund,
and other matters.
I fully support the intent behind House Bill 1766. This bill's
matching gift concept will encourage private donations to foundations
and motivate donors to be more generous. It will help strengthen the
partnerships between community colleges and business and industry
leaders in local communities. As a large portion of foundation moneys
fund scholarships for deserving students, additional funds would
enable colleges to expand scholarship programs and prepare more
students for available jobs.
However, through amendatorily vetoing this bill to add funding
requirements, I wish to make it clear that funds have not been
appropriated for this purpose in the Fiscal Year 2000 budget as
passed by the General Assembly in May. Before this program can be
implemented, it is essential that those who wish to take advantage of
its benefit make the program a funding priority with the General
Assembly. When such funding is made available by the General
Assembly, this program can be effectively implemented and its
benefits fully realized.
Therefore, I make the following specific recommendation for
change:
On page 3, by replacing line 34 with the following:
"paid, subject to appropriation, from the Academic
Improvement Trust Fund for".
With these changes, House Bill 1766 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
HOUSE OF REPRESENTATIVES 7841
the intent of the bill, I hereby return House Bill 1816 entitled, "AN
ACT to amend the Illinois School Student Records Act by changing
Section 6," with my specific recommendations for change.
House Bill 1816 amends the Illinois School Student Records Act to
allow school student records to be disseminated to a SHOCAP (Serious
Habitual Offender Comprehensive Action Program) committee for the
purpose of identifying serious habitual juvenile offenders and
matching these offenders with community resources.
A close analysis of House Bill 1816 indicates that the bill in
its current form will not meet all criteria for the permissible
release of student records under the federal Family Educational and
Privacy Rights Act (FERPA). Section 1232g(b)(1) of FERPA provides
that federal funds shall not be made available to any education
agency or institution that has a policy or practice of permitting the
release of educational records (or personally identifiable
information contained therein) of students without the written
consent of their parents. Exceptions are provided for the disclosure
of information, pursuant to state law, to state and local officials
and authorities of the juvenile justice system if the allowed
reporting or disclosure concerns the juvenile justice system and such
system's ability to effectively serve, prior to adjudication, the
students whose records are released. The federal law specifically
defines those entities considered to be juvenile authorities.
Authorities to whom the information is disclosed are required to
certify in writing that the information will not be disclosed to any
other party without the prior written consent of the parent of the
student.
I believe that the proposed disclosure provisions of House Bill
1816 go beyond the scope of permissible disclosure under FERPA. for
example, a SHOCAP committee may have members that are other than
state and local officials and authorities including members of the
community at large. Further, it does not appear that the work of a
SHOCAP committee is limited to serving the student effectively prior
to adjudication as required by FERPA. Finally, the bill fails to
provide for the requisite certification in writing against further
disclosure. If student record disclosures are made in manner not
consistent with FERPA, federal education funds received by the State
Board of Education could be jeopardized; in addition, federal funds
received directly by local school districts may be at risk.
Therefore, I make the following specific recommendations for
change:
On page 2, by replacing lines 30 through 34 with the following:
"(10) To those SHOCAP committee members who fall within the
meaning of "state and local officials and authorities", as
those terms are used within the meaning of the federal
Family Educational and Privacy Rights Act, for the purposes
of identifying serious habitual juvenile offenders and
matching those offenders with community resources pursuant
to Section 5-145 of the Juvenile Court Act of 1987, but only
to the extent that the release, transfer, disclosure, or
dissemination is consistent with the Family Educational and
Privacy Rights Act.";and
On page 6, by replacing lines 17 through 21 with the following:
"(10) To those SHOCAP committee members who fall within the
meaning of "state and local officials and authorities", as
those terms are used within the meaning of the federal
Family Educational and Privacy Rights Act, for the purposes
of identifying serious habitual juvenile offenders and
matching those offenders with community resources pursuant
to Section 5-145 of the Juvenile Court Act of 1987, but only
to the extent that the release, transfer, disclosure, or
7842 JOURNAL OF THE [November 4, 1999]
dissemination is consistent with the Family Educational and
Privacy Rights Act.".
With these changes, House Bill 1816 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1832, entitled,
"AN ACT to amend the Illinois Public Aid Code by changing Section
5-5," with my specific recommendations for change.
House Bill 1832 amends the Public Aid Code to require Medicaid
coverage for a comprehensive tobacco use cessation program. This
program would include tobacco cessation programs that include
purchasing prescription drugs, human biological products or medical
devices approved by the Food and Drug Administration or are otherwise
legally marketed. Further, the bill provides that these smoking
cessation therapies or aids shall be covered under the medical
assistance program for persons who are eligible for the program.
The provisions of House Bill 1832 are intended for the beneficial
public purpose of promoting the health and well being of our
citizens. However, there is shared interest by the members of the
Illinois General Assembly, state government agencies, associations,
and Illinois citizens on development of a statewide plan of education
and treatment options for reducing smoking. Much of this discussion
will occur in the coming months with significant decisions to be made
by July 1, 2000.
Therefore, I offer the following recommendation for change:
On page 10, by inserting below line 4 the following:
"Section 99. Effective date. This Act takes effect upon
becoming law."
With this change, House Bill 1832 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
HOUSE OF REPRESENTATIVES 7843
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1837 entitled "AN
ACT to amend the Interest Act by changing Section 2," with my
specific recommendations for change.
House Bill 1837 amends Section 2 of the Interest Act to increase
the annual rate of interest payable to creditors from 5 percent to 9
percent.
This statute allows a creditor to obtain interest on a debt once
it becomes past due. To recover interest, the courts have required
that there be a fixed or easily calculated amount that is owed
arising from a debtor-creditor relationship that exists by virtue of
a written instrument. The 5 percent rate is simple interest. Compound
interest is not authorized under this section of the Act.
The 5 percent rate, which House Bill 1837 increases, has been in
place for over 100 years. Although I believe that an increase in this
rate is warranted, I feel that an increase from 5 percent to 9
percent is excessive. After consultation with the sponsors of this
legislation and other interested parties, there has been general
agreement that an increase to 7 percent is more appropriate.
Therefore, I make the following specific recommendation for
change:
On page one, line 8; change "9%" to "7%."
With this change, House Bill 1837 will have my approval. I
respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
7844 JOURNAL OF THE [November 4, 1999]
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 1942 entitled, "AN
ACT to amend the Abused and Neglected Long Term Care Facility
Residents Reporting Act by changing Section 6.2," with my specific
recommendations for change.
House Bill 1942 amends the Abused and Neglected Long Term Care
Residents Reporting Act to require facilities and agencies who are
required to implement a corrective action plan to report to the
Office of the Inspector General on the status of corrective action.
The bill further requires the Inspector General to conduct an
investigation within 60 days of receiving the report from the
facility or agency to investigate whether or not the report has been
implemented.
While I fully support the intent behind House Bill 1942, I cannot
support the stipulation in the bill that requires the facility or
agency implementing the corrective action plan to submit a report to
the Office of Inspector General. Recently, the Office of Inspector
General, the Office of Mental Health and the Office of Developmental
Disabilities developed a new protocol to follow-upon agency responses
to abuse and neglect cases. A 10 member team has been established in
the Office of Developmental Disabilities' Bureau of Quality Assurance
and System Improvement to review and revise the agency's or
facility's response.
The inclusion of the Office of Inspector General into the
established corrective action process is duplicative and unnecessary.
The review and oversight of corrective action plans would be best
handled by the Bureau of Quality Assurance and System Improvement and
the system that is in place. However, to protect the interest of the
parties involved and preserve the intention of the General Assembly,
I believe it is necessary to permit the Office of Inspector General
to conduct an investigation review in the cases that involve physical
abuse, sexual abuse and serious neglect that result in injury or
illness.
Therefore, I offer the following recommendations for change:
on page 4, line 16 by replacing "Inspector General" with
"Department of Human Services' Office of Mental Health or
Office of Developmental Disabilities"; and
on page 4, line 17 by inserting between "after" and
"receiving" the following:
"the Department of Human Services' Office of Mental Health
or Office of Developmental Disabilities"; and
on page 4, line 18 by replacing "shall" with "may"; and
on page 4, by replacing lines 19 and 20 with the following:
"investigation review in cases of physical abuse, sexual
abuse or serious neglect resulting in injury or illness to
determine whether the facility or agency is in compliance
with the approved response. The facility or".
With these changes, House Bill 1942 will have my approval. I
respectfully request your concurrence.
Sincerely,
HOUSE OF REPRESENTATIVES 7845
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356
(1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 2005 entitled, "AN
ACT in relation to municipal officers, amending named Acts, " with my
specific recommendations for change.
House Bill 2005 amends the Municipal Code to provide that in
municipalities with a population of more than 500,000, a person is
not eligible for the office of alderman of a ward unless that person
resides in the ward from which he or she is elected. The bill allows
a person in an election following redistricting to be elected from a
ward that contains a part of the ward in which he or she resided at
the time of redistricting, and requires that person to move into the
new district they represent within one year. House Bill 2005 also
contains language that makes clear that the term of office of the
Mayor of the City of Chicago begins at noon on the first Monday in
May following his or her election.
I fully support the provisions in House Bill 2005; however, I
have already signed into law Senate Bill 956 that contains similar
residency requirements for Chicago aldermen. House Bill 2005 differs
from Senate Bill 956 by providing that a person who, following
redistricting, is elected to the office of alderman of a ward in
which he or she does not reside, must reside within the ward no later
than one year following the election. Further, Senate Bill 956
provides in the election following redistricting, a candidate for
alderman may be elected from any ward containing part of the ward in
which he or she resided for the two years before the election that
follows the redistricting and may be re-elected from the new ward he
or she represents if he or she resides in that ward 18 months before
the re-election. Since I have already signed Senate Bill 956 into
law, and to prevent conflicts in the law relating to aldermanic
residency requirements, I am returning House Bill 2005 with the
following recommendations for change:
On page 1, by deleting all of the underlined language in
lines 23 through 31, and On page 2, by deleting all of the
underlined language in lines 1 through 5, thereby deleting
"(d)" in its entirety.
With these changes, House Bill 2005 will have my approval. I
respectfully request your concurrence.
7846 JOURNAL OF THE [November 4, 1999]
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 2, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and owner by the
People of the State of Illinois by popular referendum in 1974, and
conforming to the standard articulated by the Illinois Supreme Court
in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return House Bill 2256 entitled, "AN
ACT regarding pharmaceuticals," with my specific recommendations for
change.
Over the past 20 years, the Technical Advisory Council has
competently performed the vital function of establishing safeguards
to protect our citizens from the dangerous consequences of
inappropriate switching of these highly sensitive medications.
Continuing the Technical Advisory Council's professional scrutiny of
critical dosage drugs is warranted to protect patients, as evidenced
by the Technical Advisory Council's review of the following generic
drugs, which the Technical Advisory Council determined were unsafe
for routine generic substitution but yet were approved by the FDA:
Phenylbutazone and Oxyphenbutazone (anti-inflammatory agents
which have the ability to destroy bone marrow)
Desoximetasone Cream (topical corticosteriod for which the
manufacturer was required to resubmit equivalency data to the FDA
after the Council identified inconsistencies in its
configuration)
Micronized Glyburide (blood glucose lowering agent for patients
with non-insulin dependent diabetes that requires the tablets to
be broken to meet specific treatment amounts)
Cyclosporine (immunosuppressant for organ transplants to be used
primarily in pediatric cases, although the FDA required testing
for adults only, and for which it was shown that erratic
absorption can result in either toxicity or possible organ
rejection--though this drug has since been accepted upon
presentation of data requested by the Council related to poor
metabolizers)
Warfarin Sodium (anti-coagulant - blood thinner that if taken in
the slightest dosage variation can result in life-threatening
events, was also accepted after the generic manufacturers agreed
to the Council's request that their tablet variability be held to
the higher standard of the brand name--a benefit for all warfarin
users throughout the country).
For these reasons, I am amendatorily vetoing this legislation to
HOUSE OF REPRESENTATIVES 7847
require that all "critical dose drugs" be approved by the Technical
Advisory Council prior to being allowed for substitution of brand
name drugs.
Therefore, I make the following specific recommendations for
change:
On page 1, by replacing line 30 with "federal Food and Drug
Administration and the product is not a "critical dose drug"
as defined by Section 3.14 of the Illinois Food, Drug and
Cosmetic Act or (ii) the selection is"; and
on page 3, by replacing line 14 with "was approved in
accordance with Section 3.14 of the Illinois Food, Drug and
Cosmetic Act or"; and
on page 4, by replacing lines 18 and 19 with
"Administration, except that drug products named by the
Technical Advisory Council to be "critical dose drugs" must
be approved by the Technical Advisory Council prior to being
selected, or (ii) the selected drug is listed in based upon
a positive drug formulary listing which is"; and
on page 4, line 23, by inserting after the period the
following:
"A "critical dose drug" is a drug that, for its safe and
effective use, requires medically-supervised dosage
titration, requires routine monitoring of the patient
through laboratory or other means, and exhibits a narrow
therapeutic ratio, meaning there is less than a two-fold
difference in the median lethal dose (LD50) and the median
effective dose (ED50) values, or there is less than a
two-fold difference in the minimum toxic concentrations and
minimum effective concentrations in the blood."; and
on page 4, line 29, by inserting after the period the
following:
"The Technical Advisory Council may consider drugs which
require a prescription and are legally marketed in the
United States according to FDA regulations.".
With these changes, House Bill 2256 will have my approval. I
respectfully request your concurrence in my action.
Sincerely,
s/GEORGE H. RYAN
Governor
OFFICE OF THE SECRETARY OF STATE
JESSE WHITE - Secretary of State
November 4, 1999
To the Honorable Speaker of the House:
Sir:
In compliance with the provisions of the Constitution of the
State of Illinois, I am forwarding herewith the enclosed House Bills,
as vetoed by the Governor together with his objections.
HOUSE BILLS
240 1232
305 1261
408 1325
448 1510
7848 JOURNAL OF THE [November 4, 1999]
470 1565
492 1723
497 1764
512 1784
523 1900
583 1935
733 1959
753 1962
941 2087
1165 2748
2784
Respectfully,
s/Jesse White
Secretary of State
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9 (b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 240
entitled "AN ACT to amend the Illinois Public Aid Code by changing
Section 12-4.11."
House Bill 240 amends the Public Aid Code to increase the rate
for public aid funerals from $650 to $1000 and the rate for cemetery
burial from $325 to $500. The change to the Public Aid Code proposed
in this bill would increase the expenditure for public aid funerals
by 54 percent over the Fiscal Year 1999 appropriation and could
increase the Department of Human Services expenditures for public aid
funerals by $3.3 million, based on maximum payment potential.
I recognize the discrepancy that exists between the present cost
of a funeral and the amount that is provided for public aid funerals.
For this reason, I have included a 1.6 percent increase in funding
for public aid funerals in the Fiscal Year 2000 budget. The Budget
Implementation Bill that I recently signed into law also removes the
rates for public aid funerals from statute and allows the Department
of Human Services to implement any cost of living adjustments
approved by the General Assembly.
For these reasons, I hereby veto and return House Bill 240.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 11, 1999
GEORGE H. RYAN
HOUSE OF REPRESENTATIVES 7849
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9 (b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 305
entitled "AN ACT concerning tax increment financing."
House Bill 305 amends the Illinois Municipal Code, the Property
Tax Code and the State Mandates Act to incorporate major reforms
related to local governments' use of tax increment financing.
I fully support the provisions in House Bill 305; however, I have
already signed into law Senate Bill 1032 which contains identical
language, as well as some additional provisions.
For this reason, I hereby veto and return House Bill 305.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9 (b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 408
entitled "AN ACT to amend the Criminal Code of 1961 by changing
Section 12-9."
House Bill 408 provides that the offense of threatening a public
official includes conveying the threat by radio or computer. It
defines "computer," "computer transmission" and "Internet" as those
terms used in the bill.
I fully support the provisions in House bill 408; however, I have
already signed into law House Bill 2037, which eliminates the
specific list of ways to deliver a threat, and instead expands the
definition to provide that a threat may be made by any means of
communication. This expanded definition includes threats made by
radio and computer, as well as threats delivered by any other means.
For this reason, I hereby veto and return House Bill 408.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
7850 JOURNAL OF THE [November 4, 1999]
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 448 entitled "AN ACT to
amend the Unified Code of Corrections by changing section 5-5-3."
House Bill 448 amends the Unified Code of Corrections, by
requiring 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 victim was a sports official at
any level of competition and the act causing harm to the sports
official occurred in or near an athletic facility at which the sports
official was an active participant in an event.
Under current law, a person charged with Class A misdemeanor
battery is subject to a maximum fine up to $2,500 or an amount
specified in the offense, whichever is greater. There is no minimum
fine under current law for this specific offense. This bill sets a
minimum fine of $1,000 for the offense of battering a sports
official, while retaining the penalty of a Class A misdemeanor.
This bill was apparently intended to send a message to sports
events participants and spectators that violence is not an acceptable
response to a difficult or disappointing event. Sports - especially
at the recreational and youth levels - should promote good
sportsmanship, respect for rules and authority, and fair play.
However, as currently drafted, this bill does not meet its goal.
This bill does not define the term "sports official," so it is
not clear if it is only limited to referees, umpires, judges and
timekeepers, or if it also is meant to include coaches, assistants,
trainers, ushers, ticket-takers, or other stadium personnel. In
addition, the battery referenced in this bill is not required to be
related to the sport officials' duties; the bill only requires that
he or she be an active participant in a sporting event. As such, a
battery entirely unrelated to a sport officials' duties, after an
event, would be covered under this act.
Finally, and perhaps most importantly, there is already a
provision in current law that would make battering a sports official
a felony in most situations. Section 12-4 of the Illinois Criminal
Code of 1961 defines aggravated battery to include committing a
battery when the perpetrator or victim is on or about a public way,
public property or public place of accommodation or amusement.
Aggravated battery in this case would be a Class 3 felony. (720 ILCS
5/12-4)
For these reasons, I hereby veto and return House Bill 448.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
HOUSE OF REPRESENTATIVES 7851
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 470 entitled "AN ACT to
amend the School Code by changing section 3-11."
House Bill 470 amends the School Code to provide that a regional
superintendent of schools is not responsible for taxes or payments
normally due by reason of employer-employee relationship just because
of the fact that the regional superintendent has contracted with and
paid a fee to a person to give a presentation at a teachers
institute.
House Bill 470 raises a conformity issue with the Federal
Unemployment Tax Act (FUTA). Section 3304 (a)(6)(A) of FUTA requires
that as a condition for a state's employers to receive credit against
the federal UI tax, that state's law must provide that unemployment
compensation be payable based on services performed for state and
local governmental entities. Although FUTA provides for specific
exemptions from the requirement, there is no exemption for service
performed by persons giving a presentation at a teacher's institute
under contract to the regional superintendent. If the State is found
out of conformity, employers could loose over $2 billion in federal
tax credits, and the Department of Employment Services could loose as
much as $150 million in federal administrative funding.
For these reasons, I hereby veto and return House Bill 470.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 492 entitled, "AN ACT to
amend the Veterans Burial Places Act by changing Section 1.1."
House Bill 492 provides that monument company officials and
veterans groups may be designed as individuals who may be reimbursed
up to $100 for the cost of transporting and erecting a headstone or
memorial provided by the United States government for a war veteran.
Public Act 90-752 (1998) removed monument company officials as
7852 JOURNAL OF THE [November 4, 1999]
claimants as a means to allow for better administrative control over
the expenditure of General Revenue Funds. Monument companies may
continue to set government headstones and memorials. However, they
must receive payment for this service from the next of kin or
cemetery official. The monument company then provides the payer with
a receipt that can be submitted to the Illinois Department of
Veterans' Affairs (IDVA) for reimbursement. Including monument
company officials and veterans organizations with those who can be
directly reimbursed for the transportation and erection of headstones
could increase fiscal year 2000 expenditures for the IDVA by over
$300,000, which is not included in the budget.
Because of the sizable increase in potential expenses that could
result by adding monument company officials and veterans
organizations as claimants for reimbursement, I hereby veto House
Bill 492.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 16, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 497 entitled "AN ACT
concerning computers for children, amending named Acts."
House Bill 497 requires the Illinois State Board of Education to
create a program to refurbish donated computers. The legislation
requires the Department of Corrections to establish a program for
prisoners to refurbish the computers.
I endorse the intent of House Bill 497 to create an avenue to put
computers in the hands of children. Businesses and even state
government have computers that are no longer capable of running
advanced applications needed for ordinary operations. Computer
technology is expanding rapidly and the minimum specifications for
usefulness change continuously. While some of these machines would be
useful to children, especially where none are currently available,
the cost of computers continues to drop as performance increases.
Several components to this bill make it more costly than the current
price of comparable new computers.
Under this legislation, the Department of Corrections would be
required to purchase equipment and replacement parts to repair the
computers. Given the cost of purchasing the necessary components to
upgrade these computers to make them useful, coupled with the cost of
training staff and inmates to refurbish used computers, I do not
believe that this program could be implemented in a cost-effective
manner.
I am committed to providing appropriate equipment and resources
to educate technically literate children. We must create an
environment in which our children can learn how to harness
HOUSE OF REPRESENTATIVES 7853
technology. I will continue to explore opportunities to get computers
and technology into our children's hands, but I do not believe that
the program envisioned by this legislation is the best avenue to
accomplish that goal.
For these reasons, I hereby veto and return House Bill 497.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9 (b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 512
entitled "AN ACT concerning livestock and waste management."
House Bill 512 amends the Livestock Management Facilities Act by
creating an odor control cost share program administered by the
Illinois Department of Agriculture. It requires the Department,
subject to appropriation, to reimburse approved owners or operators
of livestock management or waste handling facilities for odor control
costs concerning manure removal and field application. This
legislation also provides that odor control plans shall implement the
methods developed by the Illinois Council on Food and Agriculture
Research (C-FAR). This bill also establishes application procedures
and payment limits for the program. Finally, it amends the State
Finance Act to create the Odor Control Cost Share Program Fund.
I fully support efforts to control odor emitted from livestock
operations; however, I believe that SB 1199, which has already been
signed into law (P.A. 91-0110), contains provisions that address odor
control at livestock management facilities. Specifically, P.A.
91-0110 ensures that a proposed facility is constructed safely and is
compatible with the surrounding neighborhood by minimizing odor and
protecting the environment from possible contamination. 91-0110
creates a public informational meeting process for all facilities of
1,000 animal units or greater size, regardless of the type of waste
handling system. P.A. 91-0110 also extends the current 1/2 mile
required setback distance for any occupied non-farm residence to also
apply to occupied farm residences. Moreover, there is no
appropriation in the FY '00 budget to support this program.
Furthermore, this bill attempts to provide funding for private
farm operations' regular cost of doing business. Currently, all
businesses in Illinois must account for all types of pollution
(whether it be a solid, liquid, or air pollutant) in their respective
business plans and incur the cost of addressing that pollution
produced by their operations, without subsidy from the State, in
order to meet regulatory requirements.
For these reasons, I hereby veto and return House Bill 512.
Sincerely,
s/GEORGE H. RYAN
7854 JOURNAL OF THE [November 4, 1999]
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 20, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto House Bill 523 entitled "AN ACT to amend the
Illinois Municipal Code by changing Sections 8-11-1.1, 8-11-1.3,
8-11-1.4, and 8-11-1.5."
House Bill 523 would delete the requirement that only non-home
rule municipalities with a population greater than 130,000 but less
than 2,000,000 may impose a Non-Home Rule Municipal Retailers'
Occupation Tax, Non-Home Rule Municipal Service Occupation Tax, and a
Non-Home Rule Municipal Use Tax. House Bill 523 would allow all
non-home rule municipalities in Illinois to impose these non-home
rule use and occupation taxes. The taxes would be at the rate of 1/2
percent, would be subject to front door referendum and would not be
imposed upon food that is to be consumed off the premises where it is
sold or upon prescription and nonprescription drugs and medical
appliances. The tax revenues would continue to be used for public
infrastructure expenditures as defined in Section 8-11-1.2 of the
Illinois Municipal Code.
Prior to Sales Tax Reform in 1990, there were municipal and
county sales taxes imposed by many different municipalities and
counties throughout the state. The rates and bases to which each
separate municipality's tax applied were determined by the individual
jurisdictions through the enactment of local ordinances. As a
result, the rates and bases varied greatly from jurisdiction to
jurisdiction and taxpayers had difficulty understanding why a tax was
imposed on some items in some locations and not in others, or why the
tax rates were different from place to place.
In the 1980s, the Whitley Commission proposed the elimination of
this system, a recommendation that was eventually approved by the
General Assembly. The result was the current system, which has
eliminated the variable local tax rates and made distribution of
revenues to counties and municipalities easier to understand and
predict.
The current state sales tax of 6.25 percent includes money that
is distributed back to municipalities and counties. House Bill 523
would take a step backwards and once again allow all non-home rule
municipalities to impose additional sales taxes above the state rate
of 6.25 percent. This would lead the state back to the same system
of confusion that we worked so hard to clean up ten years ago and add
frustration for both individual and business taxpayers.
For this reason, I hereby veto House Bill 523.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
HOUSE OF REPRESENTATIVES 7855
SPRINGFIELD, 62706
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 583 entitled "AN ACT
concerning real property."
House Bill 583 authorizes the Department of Corrections to convey
an 80 acre parcel of land from Stateville Correctional Center, in
Will County, to Lockport Township Park District, and another 10 acre
tract of property identified in Will County, will be conveyed to Will
County for use by the county highway department to build a salt dome
and storage facility.
I fully support the provisions in House Bill 583; however, I have
already signed into law Senate Bill 167 which contains the land
transfers identified in this bill.
For these reasons, I hereby veto and return House Bill 583.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 20, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 733 entitled, "AN ACT in
relation to health care."
House Bill 733 establishes the Hospital Cooperation Act to
provide for cooperative agreements between health care providers in a
30 county area in southern Illinois to establish open-heart surgery
services. It amends the Illinois Antitrust Act to provide antitrust
exceptions to cooperative agreements.
House Bill 733 establishes a Cooperative Hospital Agreement Board
of 11 members appointed by the Governor and located in the Office of
the Director of Public Health. It specifies composition of the Board,
terms, officers, and requires regular meetings at least once every
three months. The Director is to provide clerical and professional
staff and meeting facilities for the Board.
It is my belief that House Bill 733, by establishing the
Cooperative Hospital Agreement Board, competes with the current
functions provided by the Health Facilities Planning Board. By
requiring hospitals that are seeking to implement a cooperative
agreement to obtain a permit from the Hospital Agreement Board,
7856 JOURNAL OF THE [November 4, 1999]
separate from the current process, a duplicative process is
established. I am concerned about the duplication of resources and
competing processes that would be established with enactment of this
legislation.
For this reason, I hereby veto and return House Bill 733.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 753 entitled, "AN ACT
concerning animal torture."
House Bill 753 amends the Humane Care for Animals Act by making
the offense of animal torture a Class 4 felony. Torture is committed
when a person inflicts extreme physical pain on a animal with the
intent to increase or prolong the animal's pain, suffering or agony.
It also provides that a second or subsequent offense is a Class 3
felony. Finally, a person convicted of the offense shall be required
to undergo psychological or psychiatric evaluation and treatment.
I fully support the provisions in House Bill 753; however, I have
already signed into law Senate Bill 374 which contains nearly
identical provisions.
For these reasons, I hereby veto and return House Bill 753.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 941 entitled "AN ACT to
create the Cigarette Sales Act."
House Bill 941 creates the Cigarette Sales Act requiring the
Department of Revenue to establish a minimum cigarette price below
which distributors are not to sell. The legislation charges the
HOUSE OF REPRESENTATIVES 7857
Department of Revenue with the responsibility of enforcing and
administering the provisions of the Act. It further provides that
cigarettes may be sold at a price less than the minimum price if the
distributor can show that the price at which the cigarettes are sold
is made in good faith to meet the price of a competitor selling to
the same customer.
House Bill 941 establishes civil fines for violating provisions
of the Act. A civil fine not to exceed $15,000 shall be imposed for
the first offense after due notice and opportunity for a hearing has
been granted. The department may impose a civil penalty for a second
violation under The Act not to exceed $25,000 after due notice and
opportunity for a hearing. Fines collected are to be deposited into
the Prevention of Tobacco Use by Minors Fund.
According to its proponents, House Bill 941 will enhance the
states' opportunity to receive the maximum annual payments from
cigarette manufacturers under the tobacco settlement agreement. While
I certainly recognize the importance of maximizing our portion of the
tobacco settlement, there is no conclusive link between House Bill
941 and the Master Tobacco Settlement Agreement.
A minimum wholesale cigarette price will likely increase the
price of cigarettes sold throughout the state. The Illinois
Department of Revenue has found that as cigarette prices increase,
the number of packs sold decreases. As prices increase, fewer people
will purchase cigarettes, and fewer packs will be shipped to
Illinois. This actually will adversely affect the amount received
under the settlement. If the sale of cigarettes in Illinois
diminishes, so will the associated tax revenues.
Opponents of House Bill 941 indicate that if this legislation is
enacted, cigarettes in Illinois will be more expensive than
cigarettes in our surrounding states and the "predatory" problem that
House Bill 941 purports to cure will only be compounded. I believe
signing House Bill 941 into law might prompt increased smuggling,
with an increased motivation by cigarette buyers to cross into
Illinois' border states to purchase cigarettes. Illinois retailers
believe House Bill 941 will create a competitive disadvantage with
their competitors in neighboring states. Retailers are also disturbed
by the fact that the cigarette distributors will profit from the
resulting increased cigarette prices, while the store retailers will
be required to absorb the increased prices or pass the higher cost on
to the customer.
Many states that have a minimum wholesale cigarette price have
indicated that it is difficult, if not impossible, to enforce. House
Bill 941 gives distributors every opportunity to avoid the minimum
price requirements if they can demonstrate that the price at which
they are selling the cigarettes is a result of the cost of doing
business, which includes labor costs, salaries, rent, delivery costs,
etc. Accordingly, the provisions of House Bill 941 would be
difficult, if not impossible, for the Department of Revenue to
enforce.
Finally, House Bill 941 raises concerns about government
intrusion in the free competitive economy of a single industry by
requiring the state to establish a minimum wholesale cigarette price.
I do not believe this is an appropriate role for state government.
For these reasons, I hereby veto and return House Bill 941.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
7858 JOURNAL OF THE [November 4, 1999]
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1165 entitled "An Act to
amend the Illinois Municipal Code."
House Bill 1165 amends the Municipal Code to make employee
disciplinary matters a subject of collective bargaining in other than
home rule municipalities. The bill makes employee disciplinary
matters subject to an arbitrator's decision rather than locally
appointed Civil Service Commissions or Boards of Police and Fire
Commissions. The bill also makes the decision subject to mandatory
collective bargaining where a local government already has such a
provision. The courts have declared such provisions in negotiated
labor agreements in non-home rule municipalities invalid.
Locally appointed Boards and Commissioners have been established
to protect the due process rights of Illinois' dedicated police and
fire service professionals in disciplinary actions. To require
non-home rule units of local government to bargain over disciplinary
matters, eliminating the historic role of locally appointed Boards
and Commissions, erodes the accountability of the local government.
There is a process to become a home rule municipality if the ability
to engage in binding arbitration is of major importance to a local
government.
For these reasons, I hereby veto and return House Bill 1165.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and
County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial
action be consistent with the fundamental purposes and the intent of
the bill, I hereby veto and return House Bill 1232 entitled, "AN ACT
to amend the Illinois Public Aid Code by adding Section 4-1.6b."
HOUSE OF REPRESENTATIVES 7859
House Bill 1232 creates the Child Support Pays program by
amending the Illinois Public Aid Code to require the Department of
Human Services to pay to working families on TANF either 1)
two-thirds of the monthly child support collected on behalf of the
TANF family or 2) the current $50 pass through, which ever is
greater. House Bill 1232 stipulates that the child support passed
through to a family shall not affect the family's eligibility for
assistance or decrease the amount of assistance paid to a family
until a family's gross income from employment, non-exempt unearned
income and the gross child support collected on behalf of the family
equals or exceeds three times the assistance level at which point,
cash assistance may be terminated.
I appreciate the intent of House Bill 1232 in permitting TANF
families to retain more of their child support collections. However,
the State already pays out the amount collected, up front, through
cash assistance, medical benefits and food stamps. The effect of
House Bill 1232 is that the State would pay out more money than is
collected. Currently, 50 percent of all child support collected on
behalf of a TANF recipient must be returned to the federal government
as repayment for public assistance. Under this bill, the state would
then pay out an additional 66 percent to the recipient, resulting in
a total pay out of 116 percent. The annual cost to the State, if
House Bill 1232 were to be implemented, is estimated at $6 million.
The FY2000 budget provides no funds for this purpose.
For these reasons, I hereby veto and return House Bill 1232.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 14, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9 (b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 1261
entitled "AN ACT concerning property valuation."
House Bill 1261 amends the Property Tax Code concerning
Low-Income Housing Projects. House Bill 1261 requires, with the
exception of counties with more than 200,000 people that classify
property, low-income housing projects under the Federal Housing Act
to be valued at 33 1/3 percent of the fair market value of their
economic productivity to the owners of the projects.
I fully support the provisions of House Bill 1261; however, I
have already signed into law House Bill 1987 which contains similar
provisions, setting up a system so that low-income housing tax
credits shall not be included in the definition of real property for
the purposes of taxation.
For these reasons, I hereby veto and return House Bill 1261.
Sincerely,
s/GEORGE H. RYAN
7860 JOURNAL OF THE [November 4, 1999]
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 9, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1325 entitled "AN ACT in
relation to mental health facility reporting."
House Bill 1325 amends the Mental Health and Developmental
Disabilities Administrative Act to require the Department of Human
Services to submit quarterly reports on the state operated mental
health and developmental disability facilities in addition to the
annual reports the department is currently required to submit to my
office. The bill requires the quarterly reports to include
information on admissions, deflection, dismissals, bed closures,
staff-resident rations, census and average length of stay at all
state operated facilities.
The Department of Human Services is currently required to submit
an annual report to my office on all state operated mental health and
developmental disability facilities that is more comprehensive than
the quarterly reports proposed in House Bill 1325. The department
also submits monthly reports to my office that are not as
comprehensive as the annual report but allow both the department and
my staff to remain informed of the current conditions and situations
in our state operated mental health and developmental disability
facilities. The addition of the quarterley reports would be
counter-productive and detract resources and staff from addressing
the situations that arise as a result of the monthly reporting that
is currently in place.
For these reasons, I hereby veto and return House Bill 1325.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 20, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto House Bill 1510 entitled "AN ACT in relation
to privatization of nursing services in Illinois correctional
HOUSE OF REPRESENTATIVES 7861
facilities."
House Bill 1510 creates the Correctional Facilities Nursing
Services Privatization Regulation Act to set the minimum wages for
nurses who are privately contracted (through medical service vendors)
at the same scale as entry level nurses employed by the State. The
new Act only applies to contracts entered into on or after the new
Act's effective date.
This bill will result in increased costs to the State over the
next four years and sets a bad precedent in establishing contractual
costs by law, rather than allowing the competitive market place do
so. I believe that my approval of this legislation would encourage
other contractual employees to seek similar legislation.
For these reasons, I hereby veto and return House Bill 1510.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1565 entitled "AN ACT to
amend the Alchoholism and Other Drug Abuse and Dependency Act by
changing Section 50-20".
House Bill 1565 amends the Alchoholism and Other Drug Dependency
Act to require the Department of Human Services to make grants from
monies in the Drunk and Drugged Driving Prevention Fund to reimburse
counties that develop and implement programs for delinquent youth.
While I fully support the intent of House Bill 1565 and providing
funding to counties who develop and implement programs for delinquent
youth, I cannot support the use of the Drunk and Drugged Driving
Prevention Fund for this purpose. Funding for Juvenile Justice Reform
was increased by nearly 40% for Fiscal Year 2000. The Drunk and
Drugged Driving Prevention Fund is, however, limited to a portion of
the driver license reinstatement fees for licenses suspended due to
drunk or drugged driving. It is not appropriate to add additional
funding pressures to the limited monies in this fund that support
Drunk and Drugged Driving Evaluation and Education programs. I cannot
support increasing the requirements on the funds of a program with
fixed funding when juvenile justice reform has received a substantial
increase in the current budget.
For this reason, I hereby veto and return House Bill 1565.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
7862 JOURNAL OF THE [November 4, 1999]
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1723 entitled "AN ACT to
amend the Illinois Public Labor Relations Act by changing Section
20."
House Bill 1723 is intended to address the question of whether
employees of local governments whose number of employees has fallen
below 35 are still eligible for collective bargaining. Current law
requires that local governments with 35 or more employees must engage
in collective bargaining with their employees. Local governments with
less than 35 employees are currently not covered by the Illinois
Public Labor Relations Act.
Historically, smaller units of government (less than 35
employees) have been exempt from many of the requirements of State
Labor law including collective bargaining due to small units of
governments' limited resources and need for administrative
flexibility.
By removing the exemption, House Bill 1723 would impose a
financial burden on smaller local governments and would deny local
officials the flexibility needed to reduce staff when necessary.
For these reasons, I hereby veto and return House Bill 1723.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 15, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1764 entitled "AN ACT to
amend the Criminal Code of 1961 by changing Section 16-1."
House Bill 1764 amends the Criminal Code of 1961 to provide that
a person convicted of theft of property not exceeding $300 in value
(other than a firearm), who has been previously convicted of forgery,
unlawful use of credit or debit cards, or possession of a stolen or
converted motor vehicle, would be guilty of a Class 4 felony.
I fully support the provisions in House Bill 1764; however, I
have already signed into law Senate Bill 486, which contains
identical provisions.
For this reason, I hereby veto and return House bill 1764.
Sincerely,
HOUSE OF REPRESENTATIVES 7863
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 15, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1784 entitled "AN ACT
concerning good behavior allowances."
House Bill 1784 amends the County jail Good Behavior Allowance
Act. It provides that a person convicted of criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse shall
receive no good behavior allowance.
I fully support the provisions in House Bill 1784; however, I
have already signed into law Senate Bill 485, which contains nearly
identical provisions. Senate Bill 485 differs from House Bill 1784 by
adding an immediate effective date, but is identical in all other
respects.
For this reason, I hereby veto and return House Bill 1784.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1900 entitled "AN ACT
concerning aquaculture."
House Bill 1900 amends the Civil Administration Code and the
Aquaculture Development Act. It provides that the Department of
Agriculture shall make grants to an Aqualculture Cooperative Act, and
that the cooperative grants shall be distributed from the Illinois
Aquaculture Development Fund. House Bill 1900 further provides that
the Cooperative shall use the grants to buy aquatic organisms, to buy
equipment, for administration costs, and for other related costs.
House Bill 1900 specifically provides for the repeal of the
Aqualculture Development Fund on June 30, 2009.
I fully support the provisions in House Bill 1900; however, I
have already signed into law Senate Bill 725 which contains nearly
7864 JOURNAL OF THE [November 4, 1999]
identical provisions, except for the funding source. In all other
respects, House Bill 1900 is the same as Senate Bill 725.
For this reason, I hereby veto and return House Bill 1900.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 6, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1935 entitled "AN ACT
concerning circuit clerks, amending named Acts."
House Bill 1935 amends the Clerks of Courts Act and the Code of
Criminal Procedure of 1963 to provide that a circuit clerk's bond may
not be the lesser of (i) 1 percent of the total fees collected by the
clerk during the previous fiscal year or (ii) $1,000,000 (now, not
less than $5,000). This bill further provides that a court may not
waive the circuit clerk's retention of 10 percent of the amount
deposited as bail as provided in the Code of Criminal Procedure of
1963 and that the clerk shall remit monthly to the county treasurer
all amounts retained under subsection (f) of Section 10-7 of the
Code, and that the county treasurer shall retain those amounts in a
special fund designated as the Criminal Justice Information Network
Fund. This bill states that the county board shall make expenditures
from the fund to pay the costs of developing and implementing an
integrated criminal justice information network. Finally, the bill
provides that the county board shall develop and implement the
network in cooperation with the Illinois Criminal Justice Information
Authority and the Department of the State Police.
While I have supported the establishment of a statewide criminal
information-sharing network, House Bill 1935 imposes an unfunded
mandate to Illinois counties. This bill would have a dramatic impact
on the operating revenues of counties throughout the State, forcing
many to reduce staff levels and ultimately limit the services they
provide.
For these reasons, i hereby veto and return House Bill 1935.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
August 13, 1999
GEORGE H. RYAN
GOVERNOR
HOUSE OF REPRESENTATIVES 7865
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1959 entitled, "AN ACT
regarding certain contracts for the delivery of human services."
House Bill 1959 would create the Human Services Delivery
Neutrality Agreement Act. Under this Act, providers of residential
and day treatment services to persons who are mentally ill or
developmentally disabled must enter into "neutrality agreements." The
neutrality agreements must contain provisions which: (1) prohibit the
use of State funds to influence the decision of any of the contractor
or gaurentee's employees to be represented or not represented by a
labor organization; (2) prohibit the private contractor or grantee
from requiring or prohibiting attendance at any meeting relating to
union representation; (3) prohibit the contractors or grantees from
holding meetings related to union organizing during the employees'
work time or in work areas; and (4) require the contractors or
grantees to allow labor organizations equal access to employees,
including the right of access to the private contractor or
gaurentee's premises.
The Act would further provide that a labor organization may file
a complaint with the Illinois Department of Human Services if it
believes that a contractor or grantee is expending funds in violation
of the Act and that, if a complaint is filed, the Illinois Department
of Human Services shall, within one week, notify the contractor or
grantee that it must provide an accounting concerning specified
expenditures. The contractor would have 14 days to forward the
information to DHS. The Act allows for civil action for violations to
be taken against a provider by the State of Illinois or a labor
organization and provides that damages shall be awarded at a rate of
$1,000 for each violation and $500 for each day the violation
continued without remedy.
I believe that House Bill 1959 is preempted by the National Labor
Relations Act (NLRA) on several grounds including interference with
NLRA's goal to achieve a labor-management balance. Additionally, the
neutrality agreements referenced in the bill may violate basic
constitutionally provide protections. If signed into law, this bill
has the potential to cost the State significant sums to defend the
legislation.
In addition, the bill purports to prevent the disruption of
residential and day treatment services to the State's mentally ill
and developmentally disabled, by requiring providers of these
services to sign neutrality agreements. However, the practical
reality is that some contractors and some sub-contractors will choose
not to sign these agreements. In that event, the State will have to
cancel the contract and find new placements for the disabled people
cared for in these facilities. I can think of no greater disruption
to the lives of these individuals and their families, than having to
move them from a familiar setting to a different one which is
potentially farther away from their loved ones.
For these reasons, I hereby veto and return House Bill 1959.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
7866 JOURNAL OF THE [November 4, 1999]
July 29, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 1962 entitled "AN ACT
concerning taxation."
House Bill 1962 amends the State Sales and Use Tax Acts to exempt
the purchase or sale of game or game birds at a "game breeding and
hunting preserve area" or "exotic game hunting area" as those terms
are used in the Wildlife Code or a hunting enclosure approved through
rules adopted by the Illinois Department of Natural Resources (IDNR).
This exemption excludes itself from the automatic sunset provisions
in each of the respective tax acts.
I fully support the provisions in House Bill 1962; however, I
have already signed into law Senate Bill 434 which contains nearly
identical provisions.
For these reasons, I hereby veto and return House Bill 1962.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 30, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 2087 entitled "AN ACT to
amend the Higher Education Student Assistance Act by changing
Sections 10 and 35."
House Bill 2087 amends the Higher Education Student Assistance
Act to allow the Illinois Student Assistance Commission to expand the
definition of "part-time student," on a program-by-program basis, to
include students who enroll in less than 6 semester or quarter hours
of credit courses in any given semester or quarter. This bill also
changes a reference from half-time to part-time enrollment in a
provision establishing the maximum summer school grant amount under
the Monetary Award Program (MAP).
I fully support the provisions of House Bill 2087; however, I
have already signed into law Senate Bill 463 which contains identical
provisions but is a more comprehensive amendment to this Act. Senate
Bill 463 includes language that is not contained in House Bill 2087,
including provisions enabling the Illinois Student Assistance
Commission to provide MAP grants for summer school students.
For these reasons, I hereby veto and return House Bill 2087.
HOUSE OF REPRESENTATIVES 7867
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 22, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b)of the Illinois Constitution
of 1970, I hereby veto and return House Bill 2748 entitled "AN ACT
concerning crime victims and witnesses."
House Bill 2748 allows the Attorney General to establish a
statewide notification system to assist public officials in carrying
out their duties to notify and inform crime victims and witnesses.
This legislation also creates an advisory committee within the Office
of the Attorney General to advise the Attorney General on
implementing this notification system.
While I fully support the provisions of House Bill 2748, I have
already signed into law Senate Bill 753, which is identical to House
Bill 2748.
For this reason, I hereby veto and return House Bill 2748.
Sincerely,
s/GEORGE H. RYAN
Governor
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
July 23, 1999
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return House Bill 2784 entitled "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."
House Bill 2784 amends the Grain Code to make technical
corrections and codify department practices related to legal notices
in the event of cessation of operation of grain dealers or grain
warehousemen where a successor licensee does not exist. The bill
also allows entities who are currently required to provide surety
bonds to print warehouse receipts and price later contracts to
register with the Illinois Department of Agriculture and pay a
nominal fee into the Illinois Grain Insurance Fund, rather than
obtain the surety bond.
7868 JOURNAL OF THE [November 4, 1999]
I fully support the provisions in House Bill 2784; however, I
have already signed into law Senate Bill 1070 which contains nearly
identical provisions. Senate Bill 1070 differs from House Bill 2784
by adding an immediate effective date. In all other respects, House
Bill 2784 is identical to Senate Bill 1070.
For these reasons, I hereby veto and return House Bill 2784.
Sincerely,
s/GEORGE H. RYAN
Governor
VETO MOTIONS SUBMITTED
Representative Bost submitted the following written motion, which
was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 669 in manner and form as follows:
AMENDMENT TO HOUSE BILL 669
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 669 on page 3, after line 22 by inserting the
following:
"has a chronic illness, as defined by Department rules and
regulations, shall be exempt from the $2 co-payment for treatment of
the chronic illness. A committed person shall not be subject to a $2
co-payment for follow-up visits ordered by a physician, who is
employed by, or contracts with, the Department. A committed person
who".
Representative Winkel submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 777 in manner and form as follows:
AMENDMENT TO HOUSE BILL 777
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 777 on page 4, by replacing line 18 with the
following:
"Code does not qualify for transfer. The Department shall not remove
a committed person to such nursing facility unless the Department
determines that the cost to the State of such nursing facility care
is less than the cost to the State of having such person in an
institution or facility of the Department. A nursing facility that
accepts these committed persons must be used exclusively for these
committed persons and may not admit or retain residents who are not
committed persons.".
Representative Black submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1383 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1383
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1383 on page 6, line 12, by inserting the
following between the words "State." and "The":
"Prior to the Wireless Enhanced 9-1-1 Board setting any surcharge,
the Board shall publish the proposed surcharge in the Illinois
Register, hold hearings on the surcharge and the requirements for an
efficient wireless emergency number system, and elicit public
HOUSE OF REPRESENTATIVES 7869
comment. The Board shall determine the minimum cost necessary for
implementation of this system and the amount of revenue produced
based upon the number of wireless telephones in use. The Board shall
set the surcharge at the minimum amount necessary to achieve the
goals of the Act and shall, by July 1, 2000, file this information
with the Governor, the Clerk of the House, and the Secretary of the
Senate."; and
on page 6, line 15, by replacing "January 1" with "July 1"; and
on page 6, line 22, by replacing "Upon" with "The Board, upon"; and
on page 6, line 23, by replacing "filing its report, the Board" with
the following:
"completion of all its duties required under this Act,"; and
on page 6, line 30, by inserting the following after the word
"State.":
"No wireless carrier shall impose the surcharge authorized by this
Section upon any subscriber who is subject to the surcharge imposed
by a unit of local government pursuant to Section 45.".
Representative Leitch submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1388 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1388
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1388 as follows:
on page 2, lines 21 and 22, by replacing "a non-owned vehicle
liability endorsement in the form of insurance" with "liability
insurance coverage extending to the employee when the assigned
vehicle is used for other than official State business"; and
on page 3, line 3, by replacing "non-owned vehicle liability
endorsement" with "automobile liability insurance coverage as
required in item (c)(i)"; and
on page 3, by inserting between lines 8 and 9 the following:
"All peace officers employed by a State agency who are primarily
responsible for prevention and detection of crime and the enforcement
of the criminal, traffic, or highway laws of this State, and
prohibited by agency rule or policy to use an assigned vehicle owned
or leased by the State for regular personal or off-duty use, are
exempt from the requirements of this Section."
Representative Hultgren submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1762 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1762
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1762 on page 1, line 14, by changing "shall may"
to "may"; and
on page 6, by replacing lines 15 through 20 with the following:
"(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 the offender he committed the offense for which he or she is
being sentenced, except as otherwise provided in Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(G) Residential burglary, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act."; and
7870 JOURNAL OF THE [November 4, 1999]
on page 7, by deleting lines 23 through 34; and
on page 8, by deleting lines 1 through 4.
Representative Winkel submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1766 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1766
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1766 on page 3, by replacing line 34 with the
following:
"paid, subject to appropriation, from the Academic Improvement Trust
Fund for".
Representative Saviano submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1837 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1837
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1837 on page 1, line 8, by changing "9%" to
"7%".
Representative Bellock submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 1942 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1942
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1942 on page 4, line 16, by replacing "Inspector
General" with "Department of Human Services' Office of Mental Health
or Office of Developmental Disabilities"; and
on page 4, line 17, by inserting between "after" and "receiving" the
following:
"the Department of Human Services' Office of Mental Health or Office
of Developmental Disabilities"; and
on page 4, line 18, by replacing "shall" with "may"; and
on page 4 by replacing lines 19 and 20 with the following:
"investigation review in cases of physical abuse, sexual abuse, or
serious neglect resulting in injury or illness to determine whether
the facility or agency is in compliance with the approved response.
The facility or".
Representative Smith submitted the following written motion,
which was placed on the order of Motions:
MOTION #1
I move that HOUSE BILL 1261 do pass, the Veto of the Governor
notwithstanding.
Representative McCarthy submitted the following written motion,
which was placed on the order of Motions:
MOTION #1
I move that HOUSE BILL 1325 do pass, the Veto of the Governor
notwithstanding.
RESOLUTION
HOUSE OF REPRESENTATIVES 7871
The following resolution was offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 453
Offered by Representative Black:
WHEREAS, 60,000 cubic yards of contaminated soil are to be
removed, and hauled by truck, from Chanute Air Force Base in Rantoul,
Illinois, to a landfill owned by Illinois Waste Systems Inc. in
Hoopeston, in Vermilion County, Illinois; and
WHEREAS, Engineers have indicated the soil is contaminated with
hydrocarbons, diesel fuel, and possibly pesticides and other
contaminants; and
WHEREAS, These chemicals may pose a threat to public health; and
WHEREAS, The landfill the soil will be moved to is a half mile
from Hoopeston Area High School and three quarters of a mile away
from Hoopeston Community Memorial Hospital; and
WHEREAS, The landfill is also about two miles from an underground
aquifer; and
WHEREAS, This aquifer provides drinking water to many residents;
and
WHEREAS, The city of Hoopeston's agreement with the landfill
states only sanitary waste may be placed there; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the soil from Chanute
Air Force Base should not be placed in the landfill at Hoopeston in
Vermilion County, Illinois; and be it further
RESOLVED, That copies of this resolution be sent to the Illinois
Environmental Protection Agency, the United States Environmental
Protection Agency, and the United States Air Force Conversion Agency.
HOUSE JOINT RESOLUTIONS
CONSTITUTIONAL AMENDMENTS
FIRST READING
Representative Lang introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 17
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State
for adoption or rejection at the general election next occurring at
least 6 months after the adoption of this resolution a proposition to
add Section 9 to Article XIII of the Illinois Constitution as
follows:
ARTICLE XIII
GENERAL PROVISIONS
(ILCON Art. XIII, Sec. 9 new)
SECTION 9. INSURANCE COMMISSIONER
There is created the office of Insurance Commissioner. The
Insurance Commissioner shall regulate the insurance industry in
Illinois. The Insurance Commissioner shall have such other powers
and duties as provided by law.
The Insurance Commissioner shall be elected by the electors of
7872 JOURNAL OF THE [November 4, 1999]
the State. The General Assembly shall provide by law for the
qualifications, term of office, and manner of election of the
Insurance Commissioner.
SCHEDULE
This Constitutional Amendment takes effect upon being declared
adopted in accordance with Section 7 of the Illinois Constitutional
Amendment Act.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 17
was taken up, read in full a first time, ordered printed and placed
in the Committee on Rules.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2900. Introduced by Representatives Poe - O'Connor -
Meyer - Wait - Kosel, Bassi, Bost, Bill Mitchell, Myers, Righter and
Rutherford, a bill for AN ACT to create the Short-term Loan Act.
HOUSE BILL 2901. Introduced by Representatives Cross - Hassert -
Kosel, a bill for AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 5-905.
HOUSE BILL 2902. Introduced by Representatives Cross - Hassert -
Kosel, a bill for AN ACT to amend the School Code by changing
Sections 10-21.9 and 34-18.5.
HOUSE BILL 2903. Introduced by Representatives Black - John
Turner - Righter - Moffitt, a bill for AN ACT regarding child
support.
HOUSE BILL 2904. Introduced by Representatives Hoeft - Smith, a
bill for AN ACT to amend the School Code by changing Section 3-15.10.
HOUSE BILL 2905. Introduced by Representative Garrett, a bill
for AN ACT to amend the Legislative Information System Act by
changing Section 5.09.
HOUSE BILL 2906. Introduced by Representative Garrett, a bill
for AN ACT in relation to the homestead exemption for senior
citizens.
HOUSE BILL 2907. Introduced by Representatives Bost - Zickus -
Tim Johnson - Wait - O'Connor, Black, Kosel, Eileen Lyons, Mulligan,
Parke and Winkel, a bill for AN ACT in relation to gambling, amending
named Acts.
HOUSE BILL 2908. Introduced by Representative Bill Mitchell, a
bill for AN ACT to amend the Motor Fuel and Petroleum Standards Act
by adding Section 4.2.
HOUSE BILL 2909. Introduced by Representative Curry, a bill for
AN ACT to amend the Motor Fuel and Petroleum Standards Act by
changing Section 4.1.
HOUSE BILL 2910. Introduced by Representative Saviano, a bill
for AN ACT in relation to the regulation of professions.
HOUSE BILL 2911. Introduced by Representative Saviano, a bill
for AN ACT in relation to the regulation of professions.
HOUSE BILL 2912. Introduced by Representative Mathias, a bill
for AN ACT to amend the Criminal Code of 1961 by adding Section
24-3.6.
HOUSE BILL 2913. Introduced by Representative Mathias, a bill
for AN ACT to amend the Firearm Owners Identification Card Act by
adding Section 3.2.
HOUSE OF REPRESENTATIVES 7873
HOUSE BILL 2914. Introduced by Representatives Hassert - Kosel -
Cross, a bill for AN ACT to amend the Sex Offender Registration Act
by changing Sections 8 and 10.
HOUSE BILL 2915. Introduced by Representative Righter, a bill
for AN ACT to amend the State Finance Act by changing Section 8-3.
HOUSE BILL 2916. Introduced by Representative Woolard, a bill
for AN ACT to amend the Illinois Pension Code by changing Sections
16-132, 16-133, and 16-133.2.
HOUSE BILL 2917. Introduced by Representatives Holbrook - Scott
- Hoffman - Scully, a bill for AN ACT to amend the School Code by
adding Section 2-3.33a.
HOUSE BILL 2918. Introduced by Representative Smith, a bill for
AN ACT to amend the Illinois Pension Code by changing Sections 15-136
and 15-136.2 and amending the State Mandates Act.
HOUSE BILL 2919. Introduced by Representative Novak, a bill for
AN ACT to amend the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act by changing Section 4.
HOUSE BILL 2920. Introduced by Representative Moffitt, a bill
for AN ACT to amend the Illinois Public Aid Code by changing Section
10-26.
HOUSE BILL 2921. Introduced by Representative Moffitt, a bill
for AN ACT to amend the Illinois Public Aid Code by changing Section
10-26.
HOUSE BILL 2922. Introduced by Representative Moffitt, a bill
for AN ACT to amend the Illinois Public Aid Code by changing Section
10-26.
HOUSE BILL 2923. Introduced by Representatives Reitz - Bost -
Fowler, a bill for AN ACT to amend the School Code by changing
Sections 1A-1 and 1A-4.
HOUSE BILL 2924. Introduced by Representatives Fritchey -
Feigenholtz, a bill for AN ACT concerning proceeds from tobacco
litigation.
At the hour of 4:05 o'clock p.m., Representative Klingler moved
that the House do now adjourn.
The motion prevailed.
And in accordance therewith and pursuant to HOUSE JOINT
RESOLUTION 30, the House stood adjourned until Tuesday, November 16,
1999, at 1:00 o'clock p.m.
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