STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
38TH LEGISLATIVE DAY
MONDAY, APRIL 2, 2001
12:00 O'CLOCK NOON
NO. 38
[April 2, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 38th Legislative Day Action Page(s) Adjournment........................................ 74 Change of Sponsorship.............................. 7 Committee on Rules Referrals....................... 6 Fiscal Note Supplied............................... 7 Fiscal Note Withdrawn.............................. 7 Home Rule Notes Supplied........................... 7 Introduction and First Reading - HB3619-3620....... 8 Judicial Note Withdrawn............................ 7 Letter of Transmittal.............................. 5 Quorum Roll Call................................... 5 State Mandates Notes Supplied...................... 7 Bill Number Legislative Action Page(s) HB 0001 Third Reading...................................... 12 HB 0016 Committee Report-Floor Amendment/s................. 6 HB 0016 Second Reading - Amendment/s....................... 45 HB 0135 Second Reading..................................... 12 HB 0176 Third Reading...................................... 42 HB 0185 Third Reading...................................... 11 HB 0403 Committee Report-Floor Amendment/s................. 6 HB 0549 Third Reading...................................... 11 HB 0760 Committee Report-Floor Amendment/s................. 6 HB 0760 Second Reading - Amendment/s....................... 36 HB 0760 Second Reading..................................... 35 HB 0793 Committee Report-Floor Amendment/s................. 6 HB 0793 Second Reading - Amendment/s....................... 13 HB 0793 Third Reading...................................... 69 HB 0800 Third Reading...................................... 12 HB 0843 Committee Report-Floor Amendment/s................. 6 HB 0843 Second Reading - Amendment/s....................... 51 HB 0888 Third Reading...................................... 12 HB 0906 Committee Report-Floor Amendment/s................. 6 HB 0906 Second Reading - Amendment/s....................... 14 HB 0909 Third Reading...................................... 12 HB 0934 Second Reading..................................... 13 HB 1027 Third Reading...................................... 69 HB 1051 Third Reading...................................... 41 HB 1081 Committee Report-Floor Amendment/s................. 6 HB 1081 Second Reading - Amendment/s....................... 14 HB 1779 Committee Report-Floor Amendment/s................. 6 HB 1798 Third Reading...................................... 12 HB 1814 Recall............................................. 41 HB 1901 Committee Report-Floor Amendment/s................. 6 HB 1901 Second Reading - Amendment/s....................... 15 HB 1901 Third Reading...................................... 70 HB 1904 Committee Report-Floor Amendment/s................. 6 HB 1904 Second Reading - Amendment/s....................... 37 HB 1926 Recall............................................. 13 HB 2056 Committee Report-Floor Amendment/s................. 6 HB 2056 Second Reading - Amendment/s....................... 15 HB 2056 Third Reading...................................... 70 HB 2263 Recall............................................. 41 HB 2298 Committee Report-Floor Amendment/s................. 6 HB 2298 Second Reading - Amendment/s....................... 15 HB 2303 Committee Report-Floor Amendment/s................. 6 HB 2303 Second Reading - Amendment/s....................... 37
3 [April 2, 2001] Bill Number Legislative Action Page(s) HB 2303 Second Reading..................................... 34 HB 2425 Committee Report-Floor Amendment/s................. 6 HB 2425 Second Reading - Amendment/s....................... 39 HB 2427 Committee Report-Floor Amendment/s................. 6 HB 2427 Second Reading - Amendment/s....................... 34 HB 2437 Motion Submitted................................... 7 HB 2437 Recall............................................. 13 HB 2519 Third Reading...................................... 12 HB 2563 Second Reading..................................... 13 HB 3006 Third Reading...................................... 70 HB 3073 Committee Report-Floor Amendment/s................. 6 HB 3078 Third Reading...................................... 11 HB 3080 Committee Report-Floor Amendment/s................. 6 HB 3080 Second Reading - Amendment/s....................... 34 HB 3080 Third Reading...................................... 70 HB 3148 Committee Report-Floor Amendment/s................. 6 HB 3148 Second Reading - Amendment/s....................... 35 HB 3149 Committee Report-Floor Amendment/s................. 6 HB 3149 Second Reading - Amendment/s....................... 35 HB 3162 Committee Report-Floor Amendment/s................. 6 HB 3162 Second Reading - Amendment/s....................... 42 HB 3217 Third Reading...................................... 11 HB 3247 Committee Report-Floor Amendment/s................. 6 HB 3247 Second Reading - Amendment/s....................... 36 HB 3247 Third Reading...................................... 70 HB 3262 Committee Report-Floor Amendment/s................. 6 HB 3262 Second Reading - Amendment/s....................... 36 HB 3262 Third Reading...................................... 70 HB 3347 Third Reading...................................... 71 HB 3353 Committee Report-Floor Amendment/s................. 6 HB 3353 Second Reading - Amendment/s....................... 40 HB 3368 Committee Report-Floor Amendment/s................. 6 HB 3368 Second Reading - Amendment/s....................... 41 HB 3392 Committee Report-Floor Amendment/s................. 6 HB 3392 Second Reading - Amendment/s....................... 39 HR 0170 Adoption........................................... 42 HR 0171 Resolution......................................... 71 HR 0172 Adoption........................................... 42 HR 0173 Adoption........................................... 42 HR 0174 Adoption........................................... 42 HR 0175 Adoption........................................... 42 HR 0178 Adoption........................................... 42 HR 0179 Adoption........................................... 42 HR 0181 Adoption........................................... 42 HR 0182 Adoption........................................... 42 HR 0183 Adoption........................................... 42 HR 0184 Resolution......................................... 71 HR 0185 Adoption........................................... 42 HR 0186 Adoption........................................... 42 HR 0187 Resolution......................................... 72 HR 0188 Agreed Resolution.................................. 8 HR 0189 Agreed Resolution.................................. 9 HR 0191 Agreed Resolution.................................. 10 SB 0031 First Reading...................................... 73 SB 0060 First Reading...................................... 73 SB 0117 First Reading...................................... 73 SB 0377 First Reading...................................... 73 SB 0617 First Reading...................................... 73 SB 0730 First Reading...................................... 73 SB 0871 First Reading...................................... 73 SB 0880 First Reading...................................... 73 SB 0950 First Reading...................................... 73 SB 0969 First Reading...................................... 73 SB 1033 First Reading...................................... 73
[April 2, 2001] 4 Bill Number Legislative Action Page(s) SB 1093 First Reading...................................... 73 SB 1094 First Reading...................................... 73 SB 1095 First Reading...................................... 73 SB 1172 First Reading...................................... 73 SB 1276 First Reading...................................... 73 SB 1285 First Reading...................................... 73 SB 1303 First Reading...................................... 73
5 [April 2, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Jul Medenblik of the New Life Christian Reform Church in New Lenox, Illinois. Representative Mautino led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 112 present. (ROLL CALL 1) By unanimous consent, Representatives Black, Durkin, Schmitz and Stephens were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Monique Davis, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Flowers, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative O'Brien, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Osterman, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Slone, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Smith, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Morrow, should be recorded as present. LETTER OF TRANSMITTAL JACK D. FRANKS State Representative - 63rd District Tony Rossi Clerk of the House The House of Representatives 402 Capitol Springfield, IL 62706 Dear Clerk Rossi: I have a potential conflict of interest with the subject material in House Bill 3247. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks State Representative
[April 2, 2001] 6 63rd District REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 16. Amendment No. 2 to HOUSE BILL 403. Amendment No. 4 to HOUSE BILL 760. Amendment No. 2 to HOUSE BILL 793. Amendment No. 2 to HOUSE BILL 843. Amendment No. 1 to HOUSE BILL 906. Amendment No. 4 to HOUSE BILL 1081. Amendment No. 1 to HOUSE BILL 1779. Amendment No. 1 to HOUSE BILL 1901. Amendment No. 1 to HOUSE BILL 1904. Amendment No. 3 to HOUSE BILL 2056. Amendment No. 1 to HOUSE BILL 2298. Amendment No. 2 to HOUSE BILL 2303. Amendment No. 1 to HOUSE BILL 2425. Amendment No. 1 to HOUSE BILL 2427. Amendment No. 2 to HOUSE BILL 3073. Amendment No. 2 to HOUSE BILL 3080. Amendment No. 1 to HOUSE BILL 3148. Amendment No. 1 to HOUSE BILL 3149. Amendment No. 2 to HOUSE BILL 3162. Amendment No. 4 to HOUSE BILL 3247. Amendment No. 1 to HOUSE BILL 3262. Amendment No. 2 to HOUSE BILL 3353. Amendment No. 1 to HOUSE BILL 3368. Amendment No. 1 to HOUSE BILL 3392. The committee roll call vote on the foregoing Legistlative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art (Hartke) COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture: House Amendment 1 to HOUSE BILL 953. Committee on Appropriations-Elementary & Secondary Education: House Amendment 1 to HOUSE BILL 3521. Committee on Constitutional Officers: House Amendment 1 to HOUSE BILL 1728. Committee on Counties & Townships: House Amendment 2 to HOUSE BILL 3007. Committee on Elementary & Secondary Education: House Amendment 5 to HOUSE BILL 646, House Amendment 1 to HOUSE BILL 1004 and House Amendment 1 to HOUSE BILL 1457. Committee on Executive: House Amendment 1 to HOUSE BILL 172, House Amendment 1 to HOUSE BILL 280 and House Amendment 4 to HOUSE BILL 3188. Committee on Health Care Availability & Access: House Amendments 2 and 3 to HOUSE BILL 246. Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE BILL 1075, House Amendment 1 to HOUSE BILL 2531 and House Amendment 3
7 [April 2, 2001] to HOUSE BILL 3024. Committee on Judiciary II-Criminal Law: House Amendment 2 to HOUSE BILL 482 and House Amendment 1 to HOUSE BILL 2087. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 859, House Amendment 2 to HOUSE BILL 1825 and House Amendment 1 to HOUSE BILL 3161. Committee on Revenue: House Amendment 1 to HOUSE BILL 170; House Amendments 2 and 3 to HOUSE BILL 3364. Committee on State Government Administration: House Amendment 1 to HOUSE BILL 2807. Committee on The Disabled Community: House Amendment 1 to HOUSE BILL 3216. Committee on Transportation & Motor Vehicles: House Amendment 1 to HOUSE BILL 2098. MOTIONS SUBMITTED Representative Brosnahan submitted the following written motion, which was placed on the order of Motions: MOTION I move to take table Amendment No. 2 to HOUSE BILL 2437. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 1789, as amended, 3353, as amended, 3363, as amended and 3538, as amended. FISCAL NOTE WITHDRAWN Representative Lang withdrew his request for a Fiscal Note on HOUSE BILL 2435. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for HOUSE BILLS 3098, as amended and 3363, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for HOUSE BILLS 3073, as amended and 3363, as amended. JUDICIAL NOTE WITHDRAWN Representative Lang withdrew his request for a Judicial Note on HOUSE BILL 2435. CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Art Turner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 170. Representative Acevedo asked and obtained unanimous consent to be removed as chief sponsor and Representative Mendoza asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 473. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained
[April 2, 2001] 8 unanimous consent to be shown as chief sponsor of HOUSE BILL 859. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Smith asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 953. Representative Feigenholtz asked and obtained unanimous consent to be removed as chief sponsor and Representative Yarbrough asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1023. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Art Turner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1406. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Hassert asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1492. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Osterman asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1728. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3161. Representative Coulson asked and obtained unanimous consent to be removed as chief sponsor and Representative Biggins asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3193. 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 3619. Introduced by Representative Curry, a bill for AN ACT concerning workers' compensation. HOUSE BILL 3620. Introduced by Representative Curry, a bill for AN ACT concerning workers' compensation. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 188 Offered by Representative Lou Jones: WHEREAS, THe members of the Illinois House of Representatives are pleased to recognized milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Lutrelle "Lu" Palmer is retiring from a career of service to the African-American community; and WHEREAS, Lutrelle Palmer was born on March 28, 1922 in Newport News, Virginia, where he received his elementary and high school education; he earned his Bachelor's Degree in Journalism from Virginia Union University in 1942, his Master's Degree from Syracuse University in 1947, and his Ph.D. in Media: Mass Communications from Iowa State University in 1955; he holds a honorary Doctor of Human Letters Degree from St. Martin's College and Seminary; and WHEREAS, Lutrelle Palmer has led an extensive career in journalism; he served as a reporter for the Chicago Defender, the Chicago Courier, the Chicago American, and the Chicago Daily News, where he also served as a syndicated columnist, and as editor for the Tri-State Defender, a newspaper based in Nashville, Tennessee; he was the founder, editor, and publisher for the Black X-Press Info-Paper in Chicago from 1971 to 1974; and he was a recruiter, organizer and preceptor for the Associated Colleges of the Midwest from 1970 until 1990; and
9 [April 2, 2001] WHEREAS, Lutrelle Palmer's articles and columns are read by thousands of people in mass media newspapers; his commentaries can be heard on "Lu's Notebook" on Chicago radio stations WVON, WBEE, and WJPC, and on his talk show "On Target" where he has served as host from 1983 to the present day; prior to his radio experience, Mr. Palmer was the writer and editorial director for Congressman Ralph Metcalfe from the 1970s to the 1980s, and served as a public relations liasion at Michael Reese Hospital; and WHEREAS, Lutrelle Palmer has conducted several seminars and participated in workshops all over the country where he has transmitted powerful images for enrichment and the uplifting of African Americans; he has served as a leader in the Chicago African-American community and fought against many strong issues such as police brutality, wrongful military draft of African Americans, and the overcrowding of schools in the African-American community; Mr. Palmer led a historic march in 1981 in a successful effort that led to the election of Chicago's first African-American mayor, Harold Washington; his other leadership roles have been as founder of the Black Business Network, founder of the Chicago Black United Communities in 1979 to the present day, founder of the Black Independent Political Organization from 1981 to the present day; and as chairman of the Extended Services Program for the Group Living Facilities for Boys from 1998 to the present day; and WHEREAS, During his career, Lutrelle Palmer has received numerous merit and honorary awards that include the Lu's Notebook Award for "10 years Outstanding "Community Service from 1970-1980", the Kuumba Liberation Award in 1983, the Proclamation of Unity Award in 1976, the Outstanding Community Service Award in 1981, the Journalistic Excellence Award from the National Conference of Black Lawyers in 1977, the Unity Awards in Media in 1980, the Community Service Award in 1980, the Outstanding Service/Community Information Award in 1985, an induction into the Black Press Hall of Fame, the Childrens Life Enrichment/Jean Baptiste DuSable Award Award in 1997, the Saviors Day Appreciation Award from the Nation of Islam in 1991, the Garvey-Muhhammad-King Award in 1991, the Hero & Leadership Award, the African Community Award in 1983, and the Community Service Award 29th Ward People's Assembly in 1981; and WHEREAS, In addition Lutrelle Palmer has been the recipient of the Outstanding Service Award from Grambling State University Alumni Association in 1983, the Par Excellence/Journalism Achievment Award from the Coalition of Community Action in 1985, the Thank You Picture Plaque from Nelson Mandela and the African National Conference in 1990, the Frederick Douglas Award in 1988, the Black Achievement Against the Odds Award from Bell Laboratories in 1982, the Jomo Kenyatta Award for Political Activism in 1994, the Chicago State University Black Writers' Hall of Fame in 1999, and the Lifetime Achievement Award from the "Final Call" Newspaper in 1999; and WHEREAS, Lutrelle Palmer is looking forward to life after his retirement with his wife, Jorja Palmer, his six children, and five grandchildren; and WHEREAS, Lutrelle Palmer's is a legend in African-American life; the impact of his leadership and commitment have led to a powerful enrichment of the African-American community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lutrelle Palmer on his retirement from a lifetime career of service and leadership to Chicago's African-American community, and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Lutrelle Palmer an an expression of our esteem. HOUSE RESOLUTION 189 Offered by Representative Osterman: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Camillo Francis Volini, who passed away on March 1, 2001; and
[April 2, 2001] 10 WHEREAS, Mr. Volini was born on Chicago's Near North Side, the son of the late Dr. Italo and Marcella Volini; Dr. Volini was one of the founders of the Stritch School of Medicine at Loyola University; he attended Quigley Preparatory Seminary and graduated from Loyola University and Loyola Law School; he worked on the staff of Poetry magazine from 1958 to 1960 as an assistant editor and contributor; and WHEREAS, Mr. Volini began his legal career in the Chicago's corporation counsel office in the late 1950s; he proudly and effectively served the citizens of Chicago in this office until 1966; in 1968, he was appointed special prosecutor in a case involving demonstrators charged with crimes at the 1968 Democratic National Convention; and WHEREAS, Mr. Volini opened a private law practice and gained prominence as an outstanding lawyer and litigator serving individuals with vigor from all walks of life; in the 1980s, Mr. Volini moved his law practice to the Edgewater community, where he and his family lived for over 43 years, to further serve the residents of his diverse community; both he and his wife, Marion Kennedy Volini, were very active in the St. Ita Parish, neighborhood community organizations, community improvements, and local Democratic politics; and WHEREAS, In an effort to help his community, Mr. Volini worked on cases aimed at ridding the community of slum landlords; he often handled cases pro bono for many of the families in the Edgewater community; and WHEREAS, Mr. Volini lived his life to the fullest as a dedicated family man, active member of the community, respected lawyer, loyal friend to many, man of faith, and an active enjoyer of song, cooking, food, travel, and a true Chicagoan; and WHEREAS, The passing of Camillo Volini will be deeply felt by all who knew and loved him, especially his wife, Marion; his children, Michael (wife, Maureen) Volini, Marion (husband, Michael) Moore, David (wife, Lisa) Volini, Marcella (husband, Craig) Landis, and Monica Volini; his grandchildren, Mary Claire, Nora, Tommy, Joe, and Matthew Moore, Emily and Michael Volini, and Ryan and Christian Landis; his sisters, Marcella Meyer, Gloria Heffernan, Dolores Horan, Yolanda Hoffman, and Patricia Volini; his brothers, Frederick Volini, Frank Volini, and Thomas Volini; and his brother-in-law, Edward Marciniak; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Camillo Volini of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Camillo Volini with our sincere condolences. HOUSE RESOLUTION 191 Offered by Representative May: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the lives of citizens of the State of Illinois; and WHEREAS, Roger K. Ankley celebrated his retirement from the International Brotherhood of Electrical Workers Local 150 on March 23, 2001; and WHEREAS, Roger Ankley was born on June 6, 1935; he is a graduate of Waukegan High School; from 1952 to 1956 he served his country in the United States Air Force; and WHEREAS, Roger Ankley was initiated as a member of the International Brotherhood of Electrical Workers in 1959; he served as President of IBEW Local 150 from 1967 to 1983; and served as the Chairman of the Trust Committee and as Business Manager and Financial Secretary; and WHEREAS, Roger Ankley served as a Delegate to the Lake County Building Trades and the Northeastern Illinois Federation of Labor, AFL-CIO; he was the Chairman of the Labor Management Cooperation Committee; he was a member of the Executive Board of the State IBEW
11 [April 2, 2001] Conference; he was a delegate to International IBEW Conventions in 1978, 1986, 1991, and 1996; and WHEREAS, In addition to his work with the IBEW, Roger Ankley is a member of the Waukegan Yacht Club, attaining the rank of Commander in 1983; he is also a member of the Waukegan American Legion Post 281; and WHEREAS, Roger Ankley will enjoy his retirement surrounded by his family and friends, especially his wife, Barbara Blomstrom Ankley; his children, Roger (wife, Pam), Julie, and Wendy (husband, Sam); his grandchildren, Jeff, Kristan, Samantha, Alex, Allison, Kelly, Kevin, and Ryan; and his brother and sister, George Ankley and Arlene Ankley Hill; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Roger Ankley on his retirement from the International Brotherhood of Electrical Workers Local 150, and wish him well in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Roger Ankley. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Righter, HOUSE BILL 3078 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 100, Yeas; 3, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Fowler, HOUSE BILL 185 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hultgren, HOUSE BILL 3217 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Reitz, HOUSE BILL 549 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 81, Yeas; 18, Nays; 1, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence.
[April 2, 2001] 12 On motion of Representative Boland, HOUSE BILL 1798 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Mautino, HOUSE BILL 800 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 100, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hamos, HOUSE BILL 909 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Cross, HOUSE BILL 888 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Younge, HOUSE BILL 2519 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 95, Yeas; 3, Nays; 4, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Howard, HOUSE BILL 1 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 105, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 135 and 2563.
13 [April 2, 2001] Having been read by title a second time on March 8, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 934. RECALLS By unanimous consent, on motion of Representative Brosnahan, HOUSE BILL 2437 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Reitz, HOUSE BILL 1926 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON SECOND READING HOUSE BILL 793. Having been recalled on March 29, 2001, and held on the order of Second Reading, the same was again taken up. Representative Slone offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 793 AMENDMENT NO. 2. Amend House Bill 793, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois Growth Act. Section 5. Legislative findings. It is in the economic interest of the citizens of the State of Illinois to achieve more balanced growth and more rational land use, and to preserve the cultural, natural, and agricultural resources of the State. It is further in the public interest to stimulate better local and regional planning and to coordinate the work of State agencies with county, municipal, and regional plans. It is the purpose of this Act to create a group of leaders representing agriculture, development, conservation, local government, planning, public transportation, and the environment to assist the Governor's Balanced Growth Cabinet in promoting coordinated and balanced growth. Section 10. Balanced Growth Council. (a) The Balanced Growth Council is created. The Council shall consist of 7 members of the public, appointed by the Governor, representing agriculture, conservation, development, local government, planning, public transportation, and the environment. The members shall select one of their members to be the Chairperson of the Council. (b) Of the initial members, 4 shall be appointed to serve 3-year terms and 3 shall be appointed to serve one-year terms. Their successors shall serve 2-year terms. Members of the Council shall not receive compensation but may be reimbursed for their actual expenses in carrying out their duties as members of the Council. (c) The Council must meet at least 4 times a year in conjunction with meetings of the Governor's Balanced Growth Cabinet. (d) The Office of the Governor is responsible for the operations of the Council. Section 15. Duties of the Council. The Balanced Growth Council may: (1) Review activities and programs administered by State agencies that directly impact land use, transportation, housing, and growth and development patterns in Illinois communities. (2) Work with local and regional planning agencies, units of local government, and the private sector to encourage partnerships that enhance the capability to plan and coordinate land use, transportation, and housing decisions. (3) Encourage strategies that protect natural, cultural, and farmland resources and that foster balanced growth.
[April 2, 2001] 14 (4) Consult with the Balanced Growth Cabinet and federal agencies to coordinate and optimize the expenditure of public funds affecting land use, transportation choices, and affordable housing. (5) Note overlaps and discrepancies among the projects funded by the Balanced Growth Cabinet agencies and assist in improving the coordination of State programs and expenditures. (6) Compare State programs and expenditures with local, county, and regional land use and transportation goals. (7) Encourage the spending of State technical assistance funds for resource inventories, land use planning initiatives, and plan implementation in the State. (8) To the extent possible, the Council must make recommendations to the Balanced Growth Cabinet in accordance with balanced growth principles and initiatives identified by the Working Groups of the Legislative Growth Task Force of the 91st General Assembly (Senate Joint Resolution 45). Section 20. Agency duties. Balanced Growth Cabinet agencies must provide the Council, upon request, with information concerning agency programs and activities that impact land use, transportation, housing, development, and planning. Whenever possible this information should be geographically specific and allow comparisons with the work of other agencies in order to determine whether a project's impacts are coordinated with other State projects and are consistent with any local, county, and regional plans. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 906. Having been printed, was taken up and read by title a second time. Representative Mathias offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 906 AMENDMENT NO. 1. Amend House Bill 906 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Firearm Owners Identification Card Act is amended by adding Section 3.2 as follows: (430 ILCS 65/3.2 new) Sec. 3.2. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1081. Having been read by title a second time on March 29, 2001, and held on the order of Second Reading, the same was again taken up. Representative Slone offered and withdrew Amendment No. 4.
15 [April 2, 2001] There being no further amendments, the bill was again held on the order of Second Reading. HOUSE BILL 1901. Having been recalled on March 29, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bugielski offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1901 AMENDMENT NO. 1. Amend House Bill 1901 on page 3 by replacing lines 4 and 5 with the following: "(2) help desk telephone numbers and names."; and on page 3 by inserting immediately below line 10 the following: "Section 20. Coordination with Uniform Prescription Drug Information Card. A health benefit plan may comply with this Act by including the information required in Section 15 on one card if a card is also required under the Uniform Prescription Drug Information Card Act."; and on page 3, line 11, by changing "20" to "25". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 2056. Having been recalled on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 2056 AMENDMENT NO. 3. Amend House Bill 2056, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 1, line 7, by deleting "11-1414,"; and by deleting lines 9 through 22 on page 1, all of pages 2 and 3, and lines 1 through 23 on page 4. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2298. Having been printed, was taken up and read by title a second time. Representative Eileen Lyons offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2298 AMENDMENT NO. 1. Amend House Bill 2298 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows: (305 ILCS 5/10-2) (from Ch. 23, par. 10-2) Sec. 10-2. Extent of Liability. A husband is liable for the support of his wife and a wife for the support of her husband. The parents are severally liable for the support of any child under age 18,
[April 2, 2001] 16 and for any child aged 18 who is attending high school, until that child graduates from high school, or attains the age of 19, whichever is earlier
17 [April 2, 2001] child's high school graduation will occur or the date on which the child will attain the age of 19
[April 2, 2001] 18 court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. The Court shall determine the amount of maintenance using the standards set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. Any such judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. When an order is entered for the support of a minor, the court may provide therein for reasonable visitation of the minor by the person or persons who provided support pursuant to the order. Whoever willfully refuses to comply with such visitation order or willfully interferes with its enforcement may be declared in contempt of court and punished therefor. Except where the local governmental unit has entered into an agreement with the Illinois Department for the Child and Spouse Support Unit to act for it, as provided in Section 10-3.1, support orders entered by the court in cases involving applicants or recipients under Article VI shall provide that payments thereunder be made directly to the local governmental unit. Orders for the support of all other applicants or recipients shall provide that payments thereunder be made directly to the Illinois Department. In accordance with federal law and regulations, the Illinois Department may continue to collect current maintenance payments or child support payments, or both, after those persons cease to receive public assistance and until termination of services under Article X. The Illinois Department shall pay the net amount collected to those persons after deducting any costs incurred in making the collection or any collection fee from the amount of any recovery made. In both cases the order shall permit the local governmental unit or the Illinois Department, as the case may be, to direct the responsible relative or relatives to make support payments directly to the needy person, or to some person or agency in his behalf, upon removal of the person from the public aid rolls or upon termination of services under Article X. If the notice of support due issued pursuant to Section 10-7 directs that support payments be made directly to the needy person, or to some person or agency in his behalf, and the recipient is removed from the public aid rolls, court action may be taken against the responsible relative hereunder if he fails to furnish support in accordance with the terms of such notice. Actions may also be brought under this Section in behalf of any person who is in need of support from responsible relatives, as defined in Section 2-11 of Article II who is not an applicant for or recipient
19 [April 2, 2001] of financial aid under this Code. In such instances, the State's Attorney of the county in which such person resides shall bring action against the responsible relatives hereunder. If the Illinois Department, as authorized by Section 10-1, extends the support services provided by this Article to spouses and dependent children who are not applicants or recipients under this Code, the Child and Spouse Support Unit established by Section 10-3.1 shall bring action against the responsible relatives hereunder and any support orders entered by the court in such cases shall provide that payments thereunder be made directly to the Illinois Department. Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order. Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job
[April 2, 2001] 20 date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
21 [April 2, 2001] Any new or existing support order entered by the Illinois Department under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. Any such judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988, which has accrued under a support order entered by the Illinois Department under this Section. The charge shall be imposed in accordance with the provisions of Section 10-21 and shall be enforced by the court in a suit filed under Section 10-15. An order for support shall include a date on which the support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date that the child's graduation will occur or the date on which the child will attain the age of 19. (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff. 7-20-99.) Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 505, 505.2, 510, and 513 as follows: (750 ILCS 5/505) (from Ch. 40, par. 505) Sec. 505. Child support; contempt; penalties. (a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, a proceeding for child support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, a proceeding for modification of a previous order for child support under Section 510 of this Act, or any proceeding authorized under Section 501 or 601 of this Act, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his support, without regard to marital misconduct. The duty of support owed to a
[April 2, 2001] 22 Number of Children Percent of Supporting Party's Net Income 1 20% 2 25% 3 32% 4 40% 5 45% 6 or more 50% (2) The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent. If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (3) "Net income" is defined as the total of all income from all sources, minus the following deductions: (a) Federal income tax (properly calculated withholding or estimated payments); (b) State income tax (properly calculated withholding or estimated payments); (c) Social Security (FICA payments); (d) Mandatory retirement contributions required by law or as a condition of employment; (e) Union dues; (f) Dependent and individual health/hospitalization insurance premiums; (g) Prior obligations of support or maintenance actually paid pursuant to a court order; (h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period. (4) In cases where the court order provides for health/hospitalization insurance coverage pursuant to Section 505.2 of this Act, the premiums for that insurance, or that portion of the premiums for which the supporting party is responsible in the case of insurance provided through an employer's health insurance plan where the employer pays a portion of the premiums, shall be subtracted from net income in determining the minimum amount of support to be ordered. (4.5) In a proceeding for child support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the supporting party's net income for the prior period was the same as his or her net income at the time the order for current support is entered. (5) If the net income cannot be determined because of default
23 [April 2, 2001] or any other reason, the court shall order support in an amount considered reasonable in the particular case. The final order in all cases shall state the support level in dollar amounts. However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support in addition to a specific dollar amount and enter such other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered. (6) If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (a-5) In an action to enforce an order for support based on the respondent's failure to make support payments as required by the order, notice of proceedings to hold the respondent in contempt for that failure may be served on the respondent by personal service or by regular mail addressed to the respondent's last known address. The respondent's last known address may be determined from records of the clerk of the court, from the Federal Case Registry of Child Support Orders, or by any other reasonable means. (b) Failure of either parent to comply with an order to pay support shall be punishable as in other cases of contempt. In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order that the parent be: (1) placed on probation with such conditions of probation as the Court deems advisable; (2) sentenced to periodic imprisonment for a period not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to: (A) work; or (B) conduct a business or other self-employed occupation. The Court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having custody or to the guardian having custody of the
[April 2, 2001] 24 mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to the Code of Civil Procedure or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located. The court may also order in cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, that the parent's Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support. The court may also order that the parent be issued a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes in accordance with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify the order suspending the driving privileges of the parent or granting the issuance of a family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of the authenticated documents, the Secretary of State shall suspend the parent's driving privileges until further order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family financial responsibility driving permit to the parent. In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person convicted under that Act may be sentenced in accordance with that Act. The sentence may include but need not be limited to a requirement that the person perform community service under Section 50 of that Act or participate in a work alternative program under Section 50 of that Act. A person may not be required to participate in a work alternative program under Section 50 of that Act if the person is currently participating in a work program pursuant to Section 505.1 of this Act. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid for 30 days or more shall accrue interest at the rate of 9% per annum. (c) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition. (d) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (e) When child support is to be paid through the clerk of the court in a county of 1,000,000 inhabitants or less, the order shall direct the obligor to pay to the clerk, in addition to the child support payments, all fees imposed by the county board under paragraph (3) of subsection (u) of Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support payment and shall be made to the order of the Clerk. (f) All orders for support, when entered or modified, shall include a provision requiring the obligor to notify the court and, in cases in which a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the obligor, (ii) whether the obligor has access to health
25 [April 2, 2001] insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process. (g) An order for support shall include a date on which the current support obligation terminates. The termination date shall be the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 2, 2001] 26 the obligor through an employer or labor union or trade union. If the court finds that such a plan is not available to the obligor, or that the plan is not accessible to the obligee, the court may, upon request of the obligee or Public Office, order the obligor to name the child covered by the order as a beneficiary of any health insurance plan that is available to the obligor on a group basis, or as a beneficiary of an independent health insurance plan to be obtained by the obligor, after considering the following factors: (A) the medical needs of the child; (B) the availability of a plan to meet those needs; and (C) the cost of such a plan to the obligor. (2) If the employer or labor union or trade union offers more than one plan, the order shall require the obligor to name the child as a beneficiary of the plan in which the obligor is enrolled. (3) Nothing in this Section shall be construed to limit the authority of the court to establish or modify a support order to provide for payment of expenses, including deductibles, copayments and any other health expenses, which are in addition to expenses covered by an insurance plan of which a child is ordered to be named a beneficiary pursuant to this Section. (c) Implementation and enforcement. (1) When the court order requires that a
27 [April 2, 2001] that coverage is available to the parent through an employer who does business in this State, the employer must do all of the following upon receipt of a copy of the order of support or order for withholding: (1) The employer shall, upon the parent's request, permit the parent to include in that coverage a child who is otherwise eligible for that coverage, without regard to any enrollment season restrictions that might otherwise be applicable as to the time period within which the child may be added to that coverage. (2) If the parent has health care coverage through the employer but fails to apply for coverage of the child, the employer shall include the child in the parent's coverage upon application by the child's other parent or the Illinois Department of Public Aid. (3) The employer may not eliminate any child from the parent's health care coverage unless the employee is no longer employed by the employer and no longer covered under the employer's group health plan or unless the employer is provided with satisfactory written evidence of either of the following: (A) The order for support is no longer in effect. (B) The child is or will be included in a comparable health care plan obtained by the parent under such order that is currently in effect or will take effect no later than the date the prior coverage is terminated. The employer may eliminate a child from a parent's health care plan obtained by the parent under such order if the employer has eliminated dependent health care coverage for all of its employees. (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.) (750 ILCS 5/510) (from Ch. 40, par. 510) Sec. 510. Modification and termination of provisions for maintenance, support, educational expenses, and property disposition. (a) Except as otherwise provided in paragraph (f) of Section 502 and in subsection (d), clause (3) of Section 505.2, the provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification and, with respect to maintenance, only upon a showing of a substantial change in circumstances. An order for child support may be modified as follows: (1) upon a showing of a substantial change in circumstances; and (2) without the necessity of showing a substantial change in circumstances, as follows: (A) upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines specified in Section 505 of this Act unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation; or (B) Upon a showing of a need to provide for the health care needs of the child under the order through health insurance or other means. In no event shall the eligibility for or receipt of medical assistance be considered to meet the need to provide for the child's health care needs. The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child and spouse support services from the Illinois Department of Public Aid under Article X of the Illinois Public Aid Code, and only when at least 36 months have elapsed since the order for child support was entered or last modified. (b) The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this State. (c) Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated upon the death of
[April 2, 2001] 28 either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis. (d) Unless otherwise provided in this Act, or as agreed in writing or expressly provided in the judgment, provisions for the support of a child are terminated by emancipation of the child before age 18, or by the later of the child attaining age 18 or graduating from high school while aged 18, but not by the death of a parent obligated to support or educate the child.
29 [April 2, 2001] the child receives a baccalaureate degree. (b) In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including: (1) The financial resources of both parents. (2) The standard of living the child would have enjoyed had the marriage not been dissolved. (3) The financial resources of the child. (4) The child's academic performance. (Source: P.A. 91-204, eff. 1-1-00.) Section 15. The Non-Support Punishment Act is amended by changing Sections 15 and 20 as follows: (750 ILCS 16/15) Sec. 15. Failure to support. (a) A person commits the offense of failure to support when he or she: (1) willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children
[April 2, 2001] 30 in an amount greater than $1,000 and not exceeding $10,000; (2) from $5,000 to $10,000 if the support obligation has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or (3) from $10,000 to $25,000 if the support obligation has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000. (e) Restitution shall be ordered in an amount equal to the total unpaid support obligation as it existed at the time of sentencing. Any amounts paid by the obligor shall be allocated first to current support and then to restitution ordered and then to fines imposed under this Section. (f) For purposes of this Act, the term "child" shall have the meaning ascribed to it in Section 505 of the Illinois Marriage and Dissolution of Marriage Act. (Source: P.A. 91-613, eff. 10-1-99.) (750 ILCS 16/20) Sec. 20. Entry of order for support; income withholding. (a) In a case in which no court or administrative order for support is in effect against the defendant: (1) at any time before the trial, upon motion of the State's Attorney, or of the Attorney General if the action has been instituted by his office, and upon notice to the defendant, or at the time of arraignment or as a condition of postponement of arraignment, the court may enter such temporary order for support as may seem just, providing for the support or maintenance of the spouse or child or children of the defendant, or both, pendente lite; or (2) before trial with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in this Act, or in addition thereto, the court may enter an order for support, subject to modification by the court from time to time as circumstances may require, directing the defendant to pay a certain sum for maintenance of the spouse, or for support of the child or children, or both. (b) The court shall determine the amount of child support by using the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (c) The court shall determine the amount of maintenance using the standards set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. (d) The court may, for violation of any order under this Section, punish the offender as for a contempt of court, but no pendente lite order shall remain in effect longer than 4 months, or after the discharge of any panel of jurors summoned for service thereafter in such court, whichever is sooner. (e) Any order for support entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support under the judgments, each such judgment to be in the amount of each payment or installment of support and each judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have the full force, effect, and attributes of any other judgment of this State, including the ability to be enforced. Each judgment is subject to modification or termination only in accordance
31 [April 2, 2001] with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (f) An order for support entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of the court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment, bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order for support entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or of a minor child, or both, would be seriously endangered by disclosure of the party's address. (g) An order for support entered or modified in a case in which a party is receiving child and spouse support services under Article X of the Illinois Public Aid Code shall include a provision requiring the noncustodial parent to notify the Illinois Department of Public Aid, within 7 days, of the name and address of any new employer of the noncustodial parent, whether the noncustodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy. (h) In any subsequent action to enforce an order for support entered under this Act, upon sufficient showing that diligent effort has been made to ascertain the location of the noncustodial parent, service of process or provision of notice necessary in that action may be made at the last known address of the noncustodial parent, in any manner expressly provided by the Code of Civil Procedure or in this Act, which service shall be sufficient for purposes of due process. (i) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 2, 2001] 32 determining the amount of any child support award, the court shall use the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. For purposes of Section 505 of the Illinois Marriage and Dissolution of Marriage Act, "net income" of the non-custodial parent shall include any benefits available to that person under the Illinois Public Aid Code or from other federal, State or local government-funded programs. The court shall, in any event and regardless of the amount of the non-custodial parent's net income, in its judgment order the non-custodial parent to pay child support to the custodial parent in a minimum amount of not less than $10 per month. In an action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. The judgment or order shall contain the father's social security number, which the father shall disclose to the court; however, failure to include the father's social security number on the judgment or order does not invalidate the judgment or order. (2) If a judgment of parentage contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be considered a judgment granting custody to the other parent. If the parentage judgment contains no such provisions, custody shall be presumed to be with the mother; however, the presumption shall not apply if the father has had physical custody for at least 6 months prior to the date that the mother seeks to enforce custodial rights. (b) The court shall order all child support payments, determined in accordance with such guidelines, to commence with the date summons is served. The level of current periodic support payments shall not be reduced because of payments set for the period prior to the date of entry of the support order. The Court may order any child support payments to be made for a period prior to the commencement of the action. In determining whether and the extent to which the payments shall be made for any prior period, the court shall consider all relevant facts, including the factors for determining the amount of support specified in the Illinois Marriage and Dissolution of Marriage Act and other equitable factors including but not limited to: (1) The father's prior knowledge of the fact and circumstances of the child's birth. (2) The father's prior willingness or refusal to help raise or support the child. (3) The extent to which the mother or the public agency bringing the action previously informed the father of the child's needs or attempted to seek or require his help in raising or supporting the child. (4) The reasons the mother or the public agency did not file the action earlier. (5) The extent to which the father would be prejudiced by the delay in bringing the action. For purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father's net income for the prior period was the same as his net income at the time the order for current child support is entered. If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (c) Any new or existing support order entered by the court under
33 [April 2, 2001] this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (d) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued under the Vital Records Act. (e) On request of the mother and the father, the court shall order a change in the child's name. After hearing evidence the court may stay payment of support during the period of the father's minority or period of disability. (f) If, upon a showing of proper service, the father fails to appear in court, or otherwise appear as provided by law, the court may proceed to hear the cause upon testimony of the mother or other parties taken in open court and shall enter a judgment by default. The court may reserve any order as to the amount of child support until the father has received notice, by regular mail, of a hearing on the matter. (g) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition. (h) All orders for support, when entered or modified, shall include a provision requiring the non-custodial parent to notify the court and, in cases in which party is receiving child and spouse support services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process. (i) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 2, 2001] 34 indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 2303. HOUSE BILL 2427. Having been recalled on March 22, 2001, and held on the order of Second Reading, the same was again taken up. Representative Soto offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2427 AMENDMENT NO. 1. Amend House Bill 2427 as follows: on page 1, line 10, by deleting "or for damages, or"; and on page 1, line 11, by deleting "both,"; and on page 2, by replacing lines 17 and 18 with the following: "(d) The court may award reasonable attorney's fees as follows: (i) to the petitioner, if the petitioner is the prevailing party; or (ii) to the respondent, if the respondent is the prevailing party and if the court determines that the petition is frivolous in nature.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3080. Having been recalled on March 28, 2001, and held on the order of Second Reading, the same was again taken up. Representative Cross offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3080 AMENDMENT NO. 2. Amend House Bill 3080, AS AMENDED, in Section 5, Sec. 6.5, at the end of subsection (c), by inserting the following: "A TRS dependent beneficiary who is an unmarried child age 19 or over and mentally or physically handicapped does not become ineligible to participate by reason of (i) becoming ineligible to be claimed as a dependent for Illinois or federal income tax purposes or (ii) receiving earned income, so long as those earnings are insufficient for the child to be fully self-sufficient.". The motion prevailed and the amendment was adopted and ordered
35 [April 2, 2001] printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 760. HOUSE BILL 3148. Having been recalled on March 30, 2001, and held on the order of Second Reading, the same was again taken up. Representative Curry offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3148 AMENDMENT NO. 1. Amend House Bill 3148 on page 4, line 29, by replacing "7" with "10"; and on page 10, line 28, by replacing "7" with "10"; and on page 16, line 26, by replacing "7" with "10". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3149. Having been printed, was taken up and read by title a second time. Representative Curry offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3149 AMENDMENT NO. 1. Amend House Bill 3149 on page 6, by replacing lines 12 through 15 with the following: "(d) The county clerk shall not be required to provide additional forms to any deputy registrar having more than 500
[April 2, 2001] 36 provide additional forms to any deputy registrar having more than 500
37 [April 2, 2001] (65 ILCS 5/11-74.4-1) (from Ch. 24, par. 11-74.4-1) Sec. 11-74.4-1. This Division 74.4
[April 2, 2001] 38 Representative Burke offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2303 AMENDMENT NO. 2. Amend House Bill 2303 by replacing everything after the enacting clause with the following: "Section 5. The Acupuncture Practice Act is amended by adding Section 20.1 and changing Section 50 as follows: (225 ILCS 2/20.1 new) Sec. 20.1. Guest instructors of acupuncture. The provisions of this Act do not prohibit an acupuncturist from another State or country, who is not licensed under this Act and who is an invited guest of a professional acupuncture association or scientific acupuncture foundation or an acupuncture training program or continuing education provider that is approved under this Act, from engaging in professional education through lectures, clinics, or demonstrations. To qualify as a guest instructor of acupuncture, the acupuncturist must have been issued a guest instructor of acupuncture permit by the Department. The Department shall grant a guest instructor of acupuncture permit if the Department determines that the applicant for the permit (i) is currently certified in good standing as an acupuncturist by the National Certification Commission for Acupuncture and Oriental Medicine; or (ii) has sufficient training to qualify as a licensed acupuncturist in Illinois. By rule, the Department may prescribe forms that shall be used to apply for guest instructor of acupuncture permits and charge an application fee to defray expenses borne by the Department in connection with implementation of this amendatory Act of the 92nd General Assembly. The applicant shall submit his or her application for a guest instructor of acupuncture permit to the Department. The Department shall issue a guest instructor of acupuncture permit, or indicate why the Department has refused to issue the permit, within 60 days after the application is complete and on file with the Department. The Department shall maintain a registry of guest instructors of acupuncture. A guest instructor of acupuncture permit shall be valid for 12 months. The guest instructor of acupuncture may engage in the application of acupuncture techniques in conjunction with the lectures, clinics, or demonstrations for a maximum of 12 months, but may not open an office, appoint a place to meet private patients, consult with private patients, or otherwise engage in the practice of acupuncture beyond what is required in conjunction with these lectures, clinics, or demonstrations. (225 ILCS 2/50) Sec. 50. Practice prohibited. Unless he or she has been issued, by the Department, a valid, existing license as an acupuncturist under this Act, no person may use the title and designation of "Acupuncturist", "Licensed Acupuncturist", "Certified Acupuncturist", "C.A.", "Act.", "Lic. Act.", or "Lic. Ac." either directly or indirectly, in connection with his or her profession or business. No person licensed under this Act may use the designation "medical", directly or indirectly, in connection with his or her profession or business. Nothing shall prevent a physician from using the designation "Acupuncturist". No person may practice, offer to practice, attempt to practice, or hold himself or herself out to practice as a licensed acupuncturist without being licensed under this Act. This Act does not prohibit a person from applying acupuncture techniques as part of his or her educational training when he or she: (1) is engaged in a State-approved course in acupuncture, as provided in this Act; (2) is a graduate of a school of acupuncture and participating in a postgraduate training program; (3) is a graduate of a school of acupuncture and participating in a review course in preparation for taking the National Certification Commission for Acupuncture and Oriental
39 [April 2, 2001] Medicine examination; or (4) is participating in a State-approved continuing education course offered through a State-approved provider. Students attending schools of acupuncture, and professional acupuncturists who are not licensed in Illinois, may engage in the application of acupuncture techniques in conjunction with their education as provided in this Act, but may not open an office, appoint a place to meet private patients, consult with private patients, or otherwise engage in the practice of acupuncture beyond what is required in conjunction with their education. (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3392. Having been printed, was taken up and read by title a second time. Representative Daniels offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3392 AMENDMENT NO. 1. Amend House Bill 3392 on page 1, line 11, before the period, by inserting ", consisting of 16 members"; and on page 2, by replacing line 3 with the following: "(8) Two members representing private businesses, one of the 2 representing the Business Leaders Network,"; and on page 2, after line 4, by inserting the following: "(9) One member representing the Illinois Network of Centers for Independent Living, selected by the Network. (10) One member representing the Coalition of Citizens with Disabilities in Illinois, selected by the Coalition. (11) One member representing People First of Illinois, selected by that organization."; and on page 2, line 32, after "rate", by inserting "of personal assistants"; and on page 3, after line 2, by inserting the following: "(c) The task force shall report its findings and recommendations to the Governor and the General Assembly 6 months after the date that the task force is formed."; and on page 3, by replacing lines 6 and 7 with the following: "(1) Conduct a longitudinal study of the outcomes that secondary education programs have for students with disabilities after exiting the secondary school environment.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2425. Having been printed, was taken up and read by title a second time. Representative Cowlishaw offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2425
[April 2, 2001] 40 AMENDMENT NO. 1. Amend House Bill 2425 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 21-9 as follows: (105 ILCS 5/21-9) (from Ch. 122, par. 21-9) Sec. 21-9. Substitute certificates and substitute teaching. (a) A substitute teacher's certificate may be issued for teaching in all grades of the common schools. Such certificate may be issued upon request of the regional superintendent of schools of any region in which the teacher is to teach. A substitute teacher's certificate is valid for teaching in the public schools of any county. Such certificate may be issued to persons who either (a) hold a certificate valid for teaching in the common schools as shown on the face of the certificate, (b) hold a bachelor of arts degree from an institution of higher learning accredited by the North Central Association or other comparable regional accrediting association or have been graduated from a recognized institution of higher learning with a bachelor's degree, or (c) have had 2 years of teaching experience and meet such other rules and regulations as may be adopted by the State Board of Education in consultation with the State Teacher Certification Board. Such certificate shall expire on June 30 in the fourth year from date of issue. Substitute teacher's certificates are not subject to endorsement as described in Section 21-1b of this Code. (b) A teacher holding a substitute teacher's certificate may teach only in the place of a certified teacher who is under contract with the employing board and may teach only when no appropriate fully certified teacher is available to teach in a substitute capacity. A teacher holding an early childhood certificate, an elementary certificate, a high school certificate, or a special certificate may also substitute teach in grades K-12 but only in the place of a certified teacher who is under contract with the employing board. A substitute teacher may teach only for a period not to exceed 90 paid school days or 450 paid school hours in any one school district in any one school term. However, for the 2001-2002, 2002-2003, and 2003-2004 school years, a teacher holding an early childhood, elementary, high school, or special certificate may substitute teach for a period not to exceed 120 paid school days or 600 paid school hours in any one school district in any one school term. Where such teaching is partly on a daily and partly on an hourly basis, a school day shall be considered as 5 hours. The teaching limitations imposed by this subsection upon teachers holding substitute certificates shall not apply in any school district operating under Article 34. (Source: P.A. 91-102, eff. 7-12-99.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3353. Having been read by title a second time on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Howard offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3353 AMENDMENT NO. 2. Amend House Bill 3353, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 3, line 25, by replacing "The" with "Subject to appropriation, the"; and on page 4, line 23, by replacing "The" with "Subject to appropriation,
41 [April 2, 2001] the"; and on page 5, line 14, by replacing "The" with "Subject to appropriation, the". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Bugielski, HOUSE BILL 1051 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 105, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 3368. Having been printed, was taken up and read by title a second time. Representative Garrett offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3368 AMENDMENT NO. 1. Amend House Bill 3368 on page 22, by replacing lines 2 through 4 with the following: "confidential records of the number of persons executing voter registration applications pursuant to the rules of the State"; and on page 22, in line 10, by inserting after "resides." the following: "Envelopes bearing the return address of the office of the State Board of Elections shall be made available to an agency for forwarding voter registration applications when necessary to comply with other applicable State or federal laws or regulations.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Winters, HOUSE BILL 2263 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Wait, HOUSE BILL 1814 was recalled from the order of Third Reading to the order of
[April 2, 2001] 42 Second Reading and held on that order. RESOLUTIONS HOUSE RESOLUTION 172 was taken up for consideration. Representative Fritchey moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTIONS 170, 173, 174, 175, 178, 179, 181, 182, 183, 185 and 186 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolution were adopted. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hoffman, HOUSE BILL 176 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 107, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 3162. Having been printed, was taken up and read by title a second time. Representative Saviano offered and withdrew Amendment No. 1. Representative Mautino offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3162 AMENDMENT NO. 2. Amend House Bill 3162 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-16 and 6-16.1 as follows: (235 ILCS 5/6-16) (from Ch. 43, par. 131) Sec. 6-16. Prohibited sales and possession. (a) (i) No licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person, except as provided in Section 6-16.1. (ii) No express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing alcoholic liquor and labeled as requiring signature of an adult of at least 21 years of age to any person in this State under the age of 21 years. An express company, common carrier, or contract carrier that carries or transports such alcoholic liquor for delivery within this State shall obtain a signature acknowledging receipt of the alcoholic liquor by an adult who is at least 21 years of age. (iii) No person, after purchasing or
43 [April 2, 2001] otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. Any person who violates the provisions of item (i), (ii), or (iii) of this paragraph of this subsection (a) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. If a licensee or officer, associate, member, representative, agent, or employee of the licensee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State, is prosecuted under this paragraph of this subsection (a) for selling, giving, or delivering alcoholic liquor to a person under the age of 21 years, the person under 21 years of age who attempted to buy or receive the alcoholic liquor may be prosecuted pursuant to Section 6-20 of this Act, unless the person under 21 years of age was acting under the authority of a law enforcement agency, the Illinois Liquor Control Commission, or a local liquor control commissioner pursuant to a plan or action to investigate, patrol, or conduct any similar enforcement action. For the purpose of preventing the violation of this Section, any licensee, or his agent or employee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State, shall
[April 2, 2001] 44 sells, gives or furnishes to any person under the age of 21 years evidence of age and identification of any other person is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. Any person under the age of 21 years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, who falsely states in writing that he or she is at least 21 years of age when receiving alcoholic liquor from a representative, agent, or employee of an express company, common carrier, or contract carrier, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, the following: a fine of not less than $500 and at least 25 hours of community service. If possible, any community service shall be performed for an alcohol abuse prevention program. Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a Class A misdemeanor. This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment. (a-1) It is unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this Section if he or she knowingly authorizes, enables, or permits such use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Any person who violates this subsection (a-1) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. Nothing in this subsection (a-1) shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service. (b) Except as otherwise provided in this Section whoever violates this Section shall, in addition to other penalties provided for in this Act, be guilty of a Class A misdemeanor. (c) Any person shall be guilty of a Class A misdemeanor where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is under 21 years of age and the following factors also apply: (1) the person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage; and (2) the possession or consumption of the alcohol by the person under 21 is not otherwise permitted by this Act; and (3) the person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition. For the purposes of this subsection (c) where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee. (d) Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 years shall be guilty of a Class A misdemeanor. (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97; 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.) (235 ILCS 5/6-16.1) Sec. 6-16.1. Enforcement actions.
45 [April 2, 2001] (a) A licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on any licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee provides written notice, at least 14 days before the "sting operation" or enforcement action, unless governing body of the municipality or county having jurisdiction sets a shorter period by ordinance, to the law enforcement agency having jurisdiction, the local liquor control commissioner, or both. Notice provided under this Section shall be valid for a "sting operation" or enforcement action conducted within 60 days of the provision of that notice, unless the governing body of the municipality or county having jurisdiction sets a shorter period by ordinance. (b) A local liquor control commission or unit of local government that conducts alcohol and tobacco compliance operations shall establish a policy and standards for alcohol and tobacco compliance operations to investigate whether a licensee is furnishing (1) alcoholic liquor to persons under 21 years of age in violation of this Act or (2) tobacco to persons in violation of the Sale of Tobacco to Minors Act. (c) The Illinois Law Enforcement Training Standards Board shall develop a model policy and guidelines for the operation of alcohol and tobacco compliance checks by local law enforcement officers. The Illinois Law Enforcement Training Standards Board shall also require the supervising officers of such compliance checks to have met a minimum training standard as determined by the Board. The Board shall have the right to waive any training based on current written policies and procedures for alcohol and tobacco compliance check operations and in-service training already administered by the local law enforcement agency, department, or office. (d) The provisions of subsections (b) and (c) do not apply to a home rule unit with more than 2,000,000 inhabitants. (e) A home rule unit, other than a home rule unit with more than 2,000,000 inhabitants, may not regulate enforcement actions in a manner inconsistent with the regulation of enforcement actions under this Section. This subsection (e) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 90-355, eff. 8-10-97.) Section 99. Effective date. This Act takes effect January 1, 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 16. Having been printed, was taken up and read by title a second time. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 16 AMENDMENT NO. 1. Amend House Bill 16 by replacing the title with the following: "AN ACT in relation to aging."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Family
[April 2, 2001] 46 Caregiver Act. Section 5. Legislative findings. The General Assembly recognizes the following: (1) Family caregivers, serving without compensation, have been the mainstay of the long-term care system in this country. Care provided by these informal caregivers is the most crucial factor in avoiding or postponing institutionalization of the State's residents. (2) Among non-institutionalized persons needing assistance with personal care needs, two-thirds depend solely on family and friends for assistance. Another 25% supplement family care with services from paid providers. Only a little more than 5% rely exclusively on paid services. (3) Family caregivers are frequently under substantial physical, psychological, and financial stress. Unrelieved by support services available to the caregiver, this stress may lead to premature or unnecessary institutionalization of the care recipient or deterioration in the health condition and family circumstances of the caregiver. (4) Two out of 3 family caregivers, due to being employed outside the home, experience additional stress. Two-thirds of working caregivers report conflicts between work and caregiving, requiring them to rearrange their work schedules, work fewer than normal hours, or take an unpaid leave of absence. For this population, caregiver support services have the added benefit of allowing family caregivers to remain active members of our State's workforce. Section 10. Legislative intent. It is the intent of the General Assembly to establish a multi-faceted family caregiver support program to assist unpaid family caregivers, who are informal providers of in-home and community care to frail individuals or children. Services provided under this program shall do the following: (1) Provide information, relief, and support to family and other unpaid caregivers of frail individuals. (2) Encourage family members to provide care for their family members who are frail individuals. (3) Provide temporary substitute support services or living arrangements to allow a period of relief or rest for caregivers. (4) Be provided in the least restrictive setting available consistent with the individually assessed needs of the frail individual. (5) Include services appropriate to the needs of family members caring for the frail individual, including a frail individual with dementia. (6) Provide family caregivers with services that enable them to make informed decisions about current and future care plans, solve day-to-day caregiving problems, learn essential care giving skills, and locate services that may strengthen their capacity to provide care. Section 15. Definitions. In this Act: "Child" or "children" means an individual or individuals 18 years of age or under. "Department" means the Department on Aging. "Eligible participant" means a family caregiver or a grandparent or older individual who is a relative caregiver. "Family caregiver" means an adult family member, or another individual, who is an informal provider of in-home and community care to a frail individual. "Family caregiver support services" includes, but is not limited to, the following: (1) Information to caregivers about available services. (2) Assistance to caregivers in gaining access to the services. (3) Individual counseling, organization of support groups, and caregiver training for caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving
47 [April 2, 2001] roles. (4) Respite care provided to a frail individual that will enable caregivers to be temporarily relieved from their caregiving responsibilities. (5) Supplemental services, on a limited basis, to complement the care provided by the caregivers. (6) Other services as identified by the Department and defined by rule. "Frail individual" means an older individual who is determined to be functionally impaired because the individual (i) is unable to perform from at least 2 activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision or (ii) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. "Grandparent or older individual who is a relative caregiver" means a grandparent or step-grandparent of a child, or a relative of a child by blood or marriage, who is 60 years of age or older and who: (1) lives with the child; (2) is the caregiver for the child because the child's biological or adoptive parents are unable or unwilling to serve as the primary caregiver for the child; and (3) has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally. "Informal provider" means an individual who is not compensated for the care he or she provides. "Older individual" means an individual who is 60 years of age or older. "Respite care" means substitute supports or living arrangements provided on an intermittent, occasional basis. The term includes, but is not limited to, in-home respite care, adult day care, child care, and institutional care. The term also includes respite care as defined in Section 2 of the Respite Program Act to the extent that such services are allowable and participants are eligible under the National Family Caregiver Support Program. Section 20. Powers and duties of the Department. The Department shall administer this Act and shall adopt rules and standards the Department deems necessary for that purpose. At a minimum, those rules and standards shall address the following: (1) Standards and mechanisms designed to ensure the quality of services provided with assistance made available under this Act. (2) Data collection and record maintenance. The Department shall administer this Act in coordination with Section 4.02 and related provisions of the Illinois Act on the Aging. Section 25. Provision of services. The Department shall contract with area agencies on aging and other appropriate agencies to conduct family caregiver support services to the extent of available State and federal funding. Services provided under this Act must be provided according to the requirements of federal law and rules. Section 35. Health care practitioners and facilities not impaired. Nothing in this Act shall impair the practice of any licensed health care practitioner or licensed health care facility. Section 40. Entitlement not created; funding; waivers. (a) Nothing in this Act creates or provides any individual with an entitlement to services or benefits. It is the General Assembly's intent that services under this Act shall be made available only to the extent of the availability and level of appropriations made by the General Assembly. (b) The Director may seek and obtain State and federal funds that may be available to finance services under this Act, and may also seek and obtain other non-State resources for which the State may be eligible. (c) The Department may seek appropriate waivers of federal requirements from the U.S. Department of Health and Human Services. Section 90. The Respite Program Act is amended by changing
[April 2, 2001] 48 Sections 1.5, 2, 3, 4, 5, 6, 7, 8, 11, and 12 as follows: (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5) Sec. 1.5. Purpose. It is hereby found and determined by the General Assembly that respite care provides relief and support to the primary care-giver of a frail
49 [April 2, 2001]
[April 2, 2001] 50
51 [April 2, 2001] (a) A respite care worker shall be an appropriately trained individual whose duty it is to provide in-home supervision and assistance to a frail
[April 2, 2001] 52 desires to implement that Act in this State by establishing the Mobile Telecommunications Sourcing Conformity Act and to inform State and local government officials of its provisions as it applies to the taxes of this State. Section 10. Definitions. As used in this Act: "Charges for mobile telecommunications services" means any charge for, or associated with, the provision of commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999, or any charge for, or associated with, a service provided as an adjunct to a commercial mobile radio service, that is billed to the customer by or for the customer's home service provider regardless of whether individual transmissions originate or terminate within the licensed service area of the home service provider. "Customer" means (i) the person or entity that contracts with the home service provider for mobile telecommunications services or (ii) if the end user of mobile telecommunications services is not the contracting party, the end user of the mobile telecommunications services, but this clause (ii) applies only for the purpose of determining the place of primary use. "Customer" does not include (i) a reseller of mobile telecommunications service or (ii) a serving carrier under an arrangement to serve the customer outside the home service provider's licensed service area. "Designated database provider" means a corporation, association, or other entity representing all the political subdivisions of a State that is: (i) responsible for providing an electronic database prescribed in Section 25 if the State has not provided such electronic database; and (ii) approved by municipal and county associations or leagues of the State whose responsibility it would otherwise be to provide such database prescribed by Sections 116 through 126 of Title 4 of the United States Code. "Enhanced zip code" means a United States postal zip code of 9 or more digits. "Home service provider" means the facilities-based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services. "Licensed service area" means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer. "Mobile telecommunications service" means commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999. "Place of primary use" means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be: (i) the residential street address or the primary business street address of the customer; and (ii) within the licensed service area of the home service provider. "Prepaid telephone calling services" means the right to purchase exclusively telecommunications services that must be paid for in advance that enables the origination of calls using an access number, authorization code, or both, whether manually or electronically dialed, if the remaining amount of units of service that have been prepaid is known by the provider of the prepaid service on a continuous basis. "Reseller" means a provider who purchases telecommunications services from another telecommunications service provider and then resells, uses as a component part of, or integrates the purchased services into a mobile telecommunications service. "Reseller" does not include a serving carrier with which a home service provider arranges for the services to its customers outside the home service provider's licensed service area. "Serving carrier" means a facilities-based carrier providing mobile telecommunications service to a customer outside a home service
53 [April 2, 2001] provider's or reseller's licensed service area. "Taxing jurisdiction" means any of the several states, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee. Section 15. Application of this Act. The provisions of this Act shall apply as follows: (a) General provisions. This Act shall apply to any tax, charge, or fee levied by the State or a taxing jurisdiction within this State as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunications services, regardless of whether the tax, charge, or fee is imposed on the vendor or customer of the service and regardless of the terminology used to describe the tax, charge, or fee. (b) General exceptions. This Act does not apply to: (1) any tax, charge, or fee levied upon or measured by the net income, capital stock, net worth, or property value of the provider of mobile telecommunications service; (2) any tax, charge, or fee that is applied to an equitably apportioned amount that is not determined on a transactional basis; (3) any tax, charge, or fee that represents compensation for a mobile telecommunications service provider's use of public rights of way or other public property, provided that such tax, charge, or fee is not levied by the taxing jurisdiction as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunication services; (4) any generally applicable business and occupation tax that is imposed by a State, is applied to gross receipts or gross proceeds, is the legal liability of the home service provider, and that statutorily allows the home service provider to elect to use the sourcing method required in this Act; (5) any fee related to obligations under Section 254 of the federal Communications Act of 1934; or (6) any tax, charge, or fee imposed by the Federal Communications Commission. (c) Specific exceptions. The provisions of this Act: (1) do not apply to the determination of the taxing situs of prepaid telephone calling services; (2) do not affect the taxability of either the initial sale of mobile telecommunications services or subsequent resale of such services, whether as sales of such services alone or as a part of a bundled product, if the federal Internet Tax Freedom Act would preclude a taxing jurisdiction from subjecting the charges of the sale of such services to a tax, charge, or fee, but this Section provides no evidence of the intent of the General Assembly with respect to the applicability of the federal Internet Tax Freedom Act to such charges; and (3) do not apply to the determination of the taxing situs of air-ground radiotelephone service as defined in section 22.99 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999. (d) Date of applicability. The provisions of this Act apply to customer bills issued on or after August 1, 2002. Section 20. Sourcing rules for mobile telecommunications services. (a) Notwithstanding the law of this State or any political subdivision of this State, mobile telecommunications services provided in a taxing jurisdiction to a customer, the charges for which are billed by or for the customer's home service provider, shall be deemed to be provided by the customer's home service provider. (b) All charges for mobile telecommunications services that are deemed to be provided by the customer's home service provider under this Act are authorized to be subjected to tax, charge, or fee by the taxing jurisdictions whose territorial limits encompass the customer's place of primary use, regardless of where the mobile telecommunication
[April 2, 2001] 54 services originate, terminate, or pass through, and no other taxing jurisdiction may impose taxes, charges, or fees on charges for such mobile telecommunications services. Section 25. Provision of electronic database. (a) The State may provide an electronic database to a home service provider or, if the State does not provide such an electronic database to home service providers, then the designated database provider may provide an electronic database to a home service provider. (b) The electronic database, whether provided by the State or the designated database provider, shall: (1) be provided in a format approved by the American National Standards Institute's Accredited Standards Committee X12, that, allowing for de minimis deviations, designates for each street address in the State, including to the extent practical, any multiple postal street addresses applicable to one street location, the appropriate taxing jurisdictions, and the appropriate code for each taxing jurisdiction, for each level of taxing jurisdiction, identified by one nationwide standard numeric code described in subsection (c); and (2) also provide the appropriate code for each street address with respect to political subdivisions that are not taxing jurisdictions when reasonably needed to determine the proper taxing jurisdiction. (c) The nationwide standard numeric codes shall contain the same number of numeric digits with each digit or combination of digits referring to the same level of taxing jurisdiction throughout the United States using a format similar to FIPS 55-3 or other appropriate standard approved by the Federation of Tax Administrators and the Multistate Tax Commission, or their successors. Each address shall be provided in standard postal format. Section 30. Notice; updates. If the State or a designated database provider provides or maintains an electronic database described in Section 25, then the State or the electronic database provider shall provide notice of the availability of the then current electronic database, and any subsequent revisions thereof, by publication in the manner normally employed for the publication of informational tax, charge, or fee notices to taxpayers in the State. Section 35. User held harmless. A home service provider using the data contained in an electronic database described in Section 25 shall be held harmless from any tax, charge, or fee liability that otherwise would be due solely as a result of any error or omission in the database provided by the State or designated database provider. The home service provider shall reflect changes made to the database during a calendar quarter not later than 30 days after the end of the calendar quarter if the State or an electronic database provider issues notice of the availability of an electronic database reflecting the changes under Section 30. Section 40. Safe harbor. (a) If neither the State nor a designated database provider provides an electronic database under Section 25, a home service provider shall be held harmless from any tax, charge, or fee liability that otherwise would be due solely as a result of an assignment of a street address to an incorrect taxing jurisdiction if, subject to Section 60, the home service provider employs an enhanced zip code to assign each street address to a specific taxing jurisdiction for each level of taxing jurisdiction and exercises due diligence at each level of taxing jurisdiction to ensure that each such street address is assigned to the correct taxing jurisdiction. If an enhanced zip code overlaps boundaries of taxing jurisdictions of the same level, the home service provider must designate one specific jurisdiction within the enhanced zip code for use in taxing the activity for the enhanced zip code for each level of taxing jurisdiction. Any enhanced zip code assignment changed in accordance with Section 60 is deemed to be in compliance with this Section. (b) For purposes of this Section, there is a rebuttable presumption that a home service provider has exercised due diligence if
55 [April 2, 2001] the home service provider demonstrates that it has: (1) expended reasonable resources to implement and maintain an appropriately detailed electronic database of street address assignments to taxing jurisdictions; (2) implemented and maintained reasonable internal controls to promptly correct misassignments of street addresses to taxing jurisdictions; and (3) used all reasonably obtainable and usable data pertaining to municipal annexations, incorporations, reorganizations, and any other changes in jurisdictional boundaries that materially affect the accuracy of the database. Section 45. Termination of safe harbor. Section 40 applies to a home service provider that is in compliance with the requirements of Section 40 until the later of: (1) Eighteen months after the nationwide standard numeric code described in Section 25 has been approved by the Federation of Tax Administrators and the Multistate Tax Commission; or (2) Six months after the State or a designated database provider in the State provides such database as prescribed in Section 25. Section 50. Home service provider required to obtain and maintain customer's place of primary use. A home service provider shall be responsible for obtaining and maintaining the customer's place of primary use, as defined in this Act. Subject to Section 60, and if the home service provider's reliance on information provided by its customer is in good faith, a taxing jurisdiction shall: (1) allow a home service provider to rely on the applicable residential or business street address supplied by the home service provider's customer; and (2) not hold a home service provider liable for any additional taxes, charges, or fees based on a different determination of the place of primary use for taxes, charges, or fees that are customarily passed on to the customer as a separate itemized charge. Section 55. Primary place of use for service contracts in effect on or before July 28, 2002. Except as provided in Section 60, a taxing jurisdiction shall allow a home service provider to treat the address used by the home service provider for tax purposes for any customer under a service contract or agreement in effect on or before July 28, 2002 as that customer's place of primary use for the remaining term of the service contract or agreement, excluding any extension or renewal of the service contract or agreement, for purposes of determining the taxing jurisdictions to which taxes, charges, or fees on charges for mobile telecommunications services are remitted. Section 60. Determination by taxing jurisdiction or State concerning place of primary use; notice to home service provider. A taxing jurisdiction or the State, on behalf of any taxing jurisdiction or taxing jurisdictions within this State, may: (a) determine that the address used for purposes of determining the taxing jurisdictions to which taxes, charges, or fees for mobile telecommunications services are remitted does not meet the definition of place of primary use in this Act and give binding notice to the home service provider to change the place of primary use on a prospective basis from the date of notice of determination if: (1) the taxing jurisdiction obtains the consent of all affected taxing jurisdictions within the State before giving the notice of determination (if the taxing jurisdiction making the determination is not the State); and (2) before the taxing jurisdiction gives the notice of determination, the customer is given an opportunity to demonstrate in accordance with applicable State or local tax, charge, or fee administrative procedures that the address is the customer's place of primary use; (b) determine that the assignment of a taxing jurisdiction by a home service provider under Section 40 does not reflect the correct taxing jurisdiction and give binding notice to the home service provider to change the assignment on a prospective basis from the date of notice of determination if:
[April 2, 2001] 56 (1) the taxing jurisdiction obtains the consent of all affected taxing jurisdictions within the State before giving the notice of determination (if the taxing jurisdiction making the determination is not the State); and (2) the home service provider is given an opportunity to demonstrate in accordance with applicable State or local tax, charge, or fee administrative procedures that the assignment reflects the correct taxing jurisdiction. Section 65. No change to authority of taxing jurisdiction to collect tax if customer fails to provide place of primary use. Nothing in this Act modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of, any law allowing a taxing jurisdiction to collect a tax, charge, or fee from a customer that has failed to provide its place of primary use. Section 70. Tax may be imposed on items not subject to taxation if those items not separately stated. If a taxing jurisdiction does not otherwise subject charges for mobile telecommunications services to taxation and if these charges are aggregated with and not separately stated from charges that are subject to taxation, then the charges for nontaxable mobile telecommunications services may be subject to taxation unless the home service provider can reasonably identify charges not subject to such tax, charge, or fee from its books and records that are kept in the regular course of business. Section 75. Customers and otherwise non-taxable charges. If a taxing jurisdiction does not subject charges for mobile telecommunications services to taxation, a customer may not rely upon the nontaxability of charges for mobile telecommunications services unless the customer's home service provider separately states the charges for nontaxable mobile telecommunications services from taxable charges or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider's books and records that are kept in the regular course of business that reasonably identifies the nontaxable charges. Section 80. Customers' procedures and remedies for correcting taxes and fees. (a) If a customer believes that an amount of tax or assignment of place of primary use or taxing jurisdiction included on a billing is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for her or his place of primary use, the account name and number for which the customer seeks a correction of the tax assignment, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days after receiving a notice under this subsection (a), the home service provider shall review its records and the electronic database or enhanced zip code used pursuant to Section 25 or 40 to determine the customer's taxing jurisdiction. If this review shows that the amount of tax, assignment of place of primary use, or taxing jurisdiction is in error, the home service provider shall correct the error and refund or credit the amount of tax erroneously collected from the customer for a period of up to 2 years. If this review shows that the amount of tax, assignment of place of primary use, or taxing jurisdiction is correct, the home service provider shall provide a written explanation to the customer. (b) If the customer is dissatisfied with the response of the home service provider under this Section, the customer may seek a correction or refund or both from the taxing jurisdiction affected. (c) The procedures in this Section shall be the sole and exclusive remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction, or a refund of or other compensation for taxes or fees or both erroneously collected by the home service provider. Section 85. Inseverability clause. If a court of competent jurisdiction enters a final judgment on the merits that (i) is based on federal law, (ii) is no longer subject to appeal, and (iii)
57 [April 2, 2001] substantially limits or impairs the essential elements of Sections 116 through 126 of Title 4 of the United States Code, then the provisions of this Act are invalid and have no legal effect as of the date of entry of such judgment. Section 905. The Telecommunications Excise Tax Act is amended by changing Section 2 as follows: (35 ILCS 630/2) (from Ch. 120, par. 2002) Sec. 2. As used in this Article, unless the context clearly requires otherwise: (a) "Gross charge" means the amount paid for the act or privilege of originating or receiving telecommunications in this State and for all services and equipment provided in connection therewith by a retailer, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of materials used, labor or service costs or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at each channel point within this State, charges for the channel mileage between each channel point within this State, and charges for that portion of the interstate inter-office channel provided within Illinois. However, "gross charges" shall not include: (1) any amounts added to a purchaser's bill because of a charge made pursuant to (i) the tax imposed by this Article; (ii) charges added to customers' bills pursuant to the provisions of Sections 9-221 or 9-222 of the Public Utilities Act, as amended, or any similar charges added to customers' bills by retailers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in such provisions of such Act; or (iii) the tax imposed by Section 4251 of the Internal Revenue Code; (2) charges for a sent collect telecommunication received outside of the State; (3) charges for leased time on equipment or charges for the storage of data or information for subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement; (4) charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges; (5) charges to business enterprises certified under Section 9-222.1 of the Public Utilities Act, as amended, to the extent of such exemption and during the period of time specified by the Department of Commerce and Community Affairs; (6) charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Article has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service; (7) bad debts. Bad debt means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectable, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made;
[April 2, 2001] 58 (8) charges paid by inserting coins in coin-operated telecommunication devices; (9) amounts paid by telecommunications retailers under the Telecommunications Municipal Infrastructure Maintenance Fee Act. (b) "Amount paid" means the amount charged to the taxpayer's service address in this State regardless of where such amount is billed or paid. (c) "Telecommunications", in addition to the meaning ordinarily and popularly ascribed to it, includes, without limitation, messages or information transmitted through use of local, toll and wide area telephone service; private line services; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommunications service; specialized mobile radio; stationary two way radio; paging service; or any other form of mobile and portable one-way or two-way communications; or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber-optics, laser, microwave, radio, satellite or similar facilities. As used in this Act, "private line" means a dedicated non-traffic sensitive service for a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. The definition of "telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by him to the ultimate retail consumer who originates or terminates the taxable end-to-end communications. Carrier access charges, right of access charges, charges for use of inter-company facilities, and all telecommunications resold in the subsequent provision of, used as a component of, or integrated into end-to-end telecommunications service shall be non-taxable as sales for resale. (d) "Interstate telecommunications" means all telecommunications that either originate or terminate outside this State. (e) "Intrastate telecommunications" means all telecommunications that originate and terminate within this State. (f) "Department" means the Department of Revenue of the State of Illinois. (g) "Director" means the Director of Revenue for the Department of Revenue of the State of Illinois. (h) "Taxpayer" means a person who individually or through his agents, employees or permittees engages in the act or privilege of originating or receiving telecommunications in this State and who incurs a tax liability under this Article. (i) "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian or other representative appointed by order of any court, the Federal and State governments, including State universities created by statute or any city, town, county or other political subdivision of this State. (j) "Purchase at retail" means the acquisition, consumption or use of telecommunication through a sale at retail. (k) "Sale at retail" means the transmitting, supplying or furnishing of telecommunications and all services and equipment provided in connection therewith for a consideration to persons other than the Federal and State governments, and State universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries for their use or consumption and not for resale. (l) "Retailer" means and includes every person engaged in the business of making sales at retail as defined in this Article. The Department may, in its discretion, upon application, authorize the collection of the tax hereby imposed by any retailer not maintaining a
59 [April 2, 2001] place of business within this State, who, to the satisfaction of the Department, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all of the gross charges for telecommunications in this State in the same manner and subject to the same requirements as a retailer maintaining a place of business within this State. The permit may be revoked by the Department at its discretion. (m) "Retailer maintaining a place of business in this State", or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State. (n) "Service address" means the location of telecommunications equipment from which the telecommunications services are originated or at which telecommunications services are received by a taxpayer. In the event this may not be a defined location, as in the case of mobile phones, paging systems, maritime systems, service address means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. For air-to-ground systems and the like, service address shall mean the location of a taxpayer's primary use of the telecommunications equipment as defined by telephone number, authorization code, or location in Illinois where bills are sent. (o) "Prepaid telephone calling arrangements" mean the right to exclusively purchase telephone or telecommunications services that must be paid for in advance and enable the origination of one or more intrastate, interstate, or international telephone calls or other telecommunications using an access number, an authorization code, or both, whether manually or electronically dialed, for which payment to a retailer must be made in advance, provided that, unless recharged, no further service is provided once that prepaid amount of service has been consumed. Prepaid telephone calling arrangements include the recharge of a prepaid calling arrangement. For purposes of this subsection, "recharge" means the purchase of additional prepaid telephone or telecommunications services whether or not the purchaser acquires a different access number or authorization code. "Prepaid telephone calling arrangement" does not include an arrangement whereby a customer purchases a payment card and pursuant to which the service provider reflects the amount of such purchase as a credit on an invoice issued to that customer under an existing subscription plan. (Source: P.A. 90-562, eff. 12-16-97; 91-870, eff. 6-22-00.) Section 910. The Telecommunications Municipal Infrastructure Maintenance Fee Act is amended by changing Section 10 as follows: (35 ILCS 635/10) Sec. 10. Definitions. (a) "Gross charges" means the amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications in this State or the municipality imposing the fee under this Act, as the context requires, and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services, and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs, or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at each channel point within this State or the municipality imposing the fee under this Act, charges for the channel mileage between each channel point within this State or the
[April 2, 2001] 60 municipality imposing the fee under this Act, and charges for that portion of the interstate inter-office channel provided within Illinois or the municipality imposing the fee under this Act. However, "gross charges" shall not include: (1) any amounts added to a purchaser's bill because of a charge made under: (i) the fee imposed by this Section, (ii) additional charges added to a purchaser's bill under Section 9-221 or 9-222 of the Public Utilities Act, (iii) amounts collected under Section 8-11-17 of the Illinois Municipal Code, (iv) the tax imposed by the Telecommunications Excise Tax Act, (v) 911 surcharges, or (vi) the tax imposed by Section 4251 of the Internal Revenue Code; (2) charges for a sent collect telecommunication received outside of this State or the municipality imposing the fee, as the context requires; (3) charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment, or accounting equipment and also includes the usage of computers under a time-sharing agreement. (4) charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges; (5) charges to business enterprises certified under Section 9-222.1 of the Public Utilities Act to the extent of such exemption and during the period of time specified by the Department of Commerce and Community Affairs or by the municipality imposing the fee under the Act, as the context requires; (6) charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering such services; (7) bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made); (8) charges paid by inserting coins in coin-operated telecommunication devices; or (9) charges for telecommunications and all services and equipment provided to a municipality imposing the infrastructure maintenance fee. (a-5) "Department" means the Illinois Department of Revenue. (b) "Telecommunications" includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. Unless the context clearly requires otherwise, "telecommunications" shall also include wireless telecommunications as hereinafter defined. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for
61 [April 2, 2001] purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or through an open video system as defined in the Rules of the Federal Communications Commission (47 C.D.F. 76.1550 and following) as now or hereafter amended. Beginning January 1, 2001, prepaid telephone calling arrangements shall not be considered "telecommunications" subject to the tax imposed under this Act. For purposes of this Section, "prepaid telephone calling arrangements" means that term as defined in Section 2-27 of the Retailers' Occupation Tax Act. (c) "Wireless telecommunications" includes cellular mobile telephone services, personal wireless services as defined in Section 704(C) of the Telecommunications Act of 1996 (Public Law No. 104-104) as now or hereafter amended, including all commercial mobile radio services, and paging services. (d) "Telecommunications retailer" or "retailer" or "carrier" means and includes every person engaged in the business of making sales of telecommunications at retail as defined in this Section. The Illinois Department of Revenue or the municipality imposing the fee, as the case may be, may, in its discretion, upon applications, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department or municipality, furnishes adequate security to insure collection and payment of the fee. When so authorized, it shall be the duty of such retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the State or municipality imposing the fee. (e) "Retailer maintaining a place of business in this State", or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse, or other place of business, or any agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State. (f) "Sale of telecommunications at retail" means the transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale. (g) "Service address" means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received. If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, service address means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. For air-to-ground systems, and the like, "service address" shall mean the location of the customer's primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent. (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97; 91-870, eff.
[April 2, 2001] 62 6-22-00.) Section 915. The Emergency Telephone System Act is amended by changing Section 15.3 as follows: (50 ILCS 750/15.3) (from Ch. 134, par. 45.3) Sec. 15.3. (a) The corporate authorities of any municipality or any county may, subject to the limitations of subsections (c), (d), and (h), and in addition to any tax levied pursuant to Section 8-11-2 of the Illinois Municipal Code, impose a monthly surcharge on billed subscribers of network connection provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality or county imposing the surcharge at a rate per network connection determined in accordance with subsection (c). For mobile telecommunications services, if a surcharge is imposed it shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. A municipality may enter into an intergovernmental agreement with any county in which it is partially located, when the county has adopted an ordinance to impose a surcharge as provided in subsection (c), to include that portion of the municipality lying outside the county in that county's surcharge referendum. If the county's surcharge referendum is approved, the portion of the municipality identified in the intergovernmental agreement shall automatically be disconnected from the county in which it lies and connected to the county which approved the referendum for purposes of a surcharge on telecommunications carriers. (b) For purposes of computing the surcharge imposed by subsection (a), the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the municipality or county, where the service address for each such network connection or connections is located within the corporate limits of the municipality or county levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. With respect to network connections provided for use with pay telephone services for which there is no billed subscriber, the telecommunications carrier providing the network connection shall be deemed to be its own billed subscriber for purposes of applying the surcharge. (c) Upon the passage of an ordinance to impose a surcharge under this Section the clerk of the municipality or county shall certify the question of whether the surcharge may be imposed to the proper election authority who shall submit the public question to the electors of the municipality or county in accordance with the general election law; provided that such question shall not be submitted at a consolidated primary election. The public question shall be in substantially the following form: ----------------------------------------------------------------------- Shall the county (or city, village or incorporated town) of.....impose YES a surcharge of up to...¢ per month per network connection, which surcharge will be added to the monthly bill you receive ---------------------------- for telephone or telecommunications charges, for the purpose of installing (or improving) a 9-1-1 Emergency NO Telephone System? ----------------------------------------------------------------------- If a majority of the votes cast upon the public question are in favor thereof, the surcharge shall be imposed. However, if a Joint Emergency Telephone System Board is to be created pursuant to an intergovernmental agreement under Section 15.4, the ordinance to impose the surcharge shall be subject to the approval of a majority of the total number of votes cast upon the public
63 [April 2, 2001] question by the electors of all of the municipalities or counties, or combination thereof, that are parties to the intergovernmental agreement. The referendum requirement of this subsection (c) shall not apply to any municipality with a population over 500,000 or to any county in which a proposition as to whether a sophisticated 9-1-1 Emergency Telephone System should be installed in the county, at a cost not to exceed a specified monthly amount per network connection, has previously been approved by a majority of the electors of the county voting on the proposition at an election conducted before the effective date of this amendatory Act of 1987. (d) A county may not impose a surcharge, unless requested by a municipality, in any incorporated area which has previously approved a surcharge as provided in subsection (c) or in any incorporated area where the corporate authorities of the municipality have previously entered into a binding contract or letter of intent with a telecommunications carrier to provide sophisticated 9-1-1 service through municipal funds. (e) A municipality or county may at any time by ordinance change the rate of the surcharge imposed under this Section if the new rate does not exceed the rate specified in the referendum held pursuant to subsection (c). (f) The surcharge authorized by this Section shall be collected from the subscriber by the telecommunications carrier providing the subscriber the network connection as a separately stated item on the subscriber's bill. (g) The amount of surcharge collected by the telecommunications carrier shall be paid to the particular municipality or county or Joint Emergency Telephone System Board not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to deduct 3% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge. (h) A municipality with a population over 500,000 may not impose a monthly surcharge in excess of $1.25 per network connection. (i) Any municipality or county or joint emergency telephone system board that has imposed a surcharge pursuant to this Section prior to the effective date of this amendatory Act of 1990 shall hereafter impose the surcharge in accordance with subsection (b) of this Section. (j) The corporate authorities of any municipality or county may issue, in accordance with Illinois law, bonds, notes or other obligations secured in whole or in part by the proceeds of the surcharge described in this Section. Notwithstanding any change in law subsequent to the issuance of any bonds, notes or other obligations secured by the surcharge, every municipality or county issuing such bonds, notes or other obligations shall be authorized to impose the surcharge as though the laws relating to the imposition of the surcharge in effect at the time of issuance of the bonds, notes or other obligations were in full force and effect until the bonds, notes or other obligations are paid in full. The State of Illinois pledges and agrees that it will not limit or alter the rights and powers vested in municipalities and counties by this Section to impose the surcharge so as to impair the terms of or affect the security for bonds, notes or other obligations secured in whole or in part with the proceeds of the surcharge described in this Section. (k) Any surcharge collected by or imposed on a telecommunications carrier pursuant to this Section shall be held to be a special fund in trust for the municipality, county or Joint Emergency Telephone Board imposing the surcharge. Except for the 3% deduction provided in subsection (g) above, the special fund shall not be subject to the claims of creditors of the telecommunication carrier. (Source: P.A. 86-101; 86-1344.) Section 920. The Illinois Municipal Code is amended by changing
[April 2, 2001] 64 Section 8-11-2 as follows: (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2) Sec. 8-11-2. The corporate authorities of any municipality may tax any or all of the following occupations or privileges: 1. Persons engaged in the business of transmitting messages by means of electricity or radio magnetic waves, or fiber optics, at a rate not to exceed 5% of the gross receipts from that business originating within the corporate limits of the municipality. Beginning January 1, 2001, prepaid telephone calling arrangements shall not be subject to the tax imposed under this Section. For purposes of this Section, "prepaid telephone calling arrangements" means that term as defined in Section 2-27 of the Retailers' Occupation Tax Act. 2. Persons engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption within the corporate limits of a municipality of 500,000 or fewer population, and not for resale, at a rate not to exceed 5% of the gross receipts therefrom. 2a. Persons engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption within the corporate limits of a municipality of over 500,000 population, and not for resale, at a rate not to exceed 8% of the gross receipts therefrom. If imposed, this tax shall be paid in monthly payments. 3. The privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at rates not to exceed the following maximum rates, calculated on a monthly basis for each purchaser: (i) For the first 2,000 kilowatt-hours used or consumed in a month; 0.61 cents per kilowatt-hour; (ii) For the next 48,000 kilowatt-hours used or consumed in a month; 0.40 cents per kilowatt-hour; (iii) For the next 50,000 kilowatt-hours used or consumed in a month; 0.36 cents per kilowatt-hour; (iv) For the next 400,000 kilowatt-hours used or consumed in a month; 0.35 cents per kilowatt-hour; (v) For the next 500,000 kilowatt-hours used or consumed in a month; 0.34 cents per kilowatt-hour; (vi) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.32 cents per kilowatt-hour; (vii) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.315 cents per kilowatt-hour; (viii) For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.31 cents per kilowatt-hour; (ix) For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.305 cents per kilowatt-hour; and (x) For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month, 0.30 cents per kilowatt-hour. If a municipality imposes a tax at rates lower than either the maximum rates specified in this Section or the alternative maximum rates promulgated by the Illinois Commerce Commission, as provided below, the tax rates shall be imposed upon the kilowatt hour categories set forth above with the same proportional relationship as that which exists among such maximum rates. Notwithstanding the foregoing, until December 31, 2008, no municipality shall establish rates that are in excess of rates reasonably calculated to produce revenues that equal the maximum total revenues such municipality could have received under the tax authorized by this subparagraph in the last full calendar year prior to the effective date of Section 65 of this amendatory Act of 1997; provided that this shall not be a limitation on the amount of tax revenues actually collected by such municipality. Upon the request of the corporate authorities of a municipality, the Illinois Commerce Commission shall, within 90 days after receipt of such request, promulgate alternative rates for each of these kilowatt-hour categories that will reflect, as
65 [April 2, 2001] closely as reasonably practical for that municipality, the distribution of the tax among classes of purchasers as if the tax were based on a uniform percentage of the purchase price of electricity. A municipality that has adopted an ordinance imposing a tax pursuant to subparagraph 3 as it existed prior to the effective date of Section 65 of this amendatory Act of 1997 may, rather than imposing the tax permitted by this amendatory Act of 1997, continue to impose the tax pursuant to that ordinance with respect to gross receipts received from residential customers through July 31, 1999, and with respect to gross receipts from any non-residential customer until the first bill issued to such customer for delivery services in accordance with Section 16-104 of the Public Utilities Act but in no case later than the last bill issued to such customer before December 31, 2000. No ordinance imposing the tax permitted by this amendatory Act of 1997 shall be applicable to any non-residential customer until the first bill issued to such customer for delivery services in accordance with Section 16-104 of the Public Utilities Act but in no case later than the last bill issued to such non-residential customer before December 31, 2000. 4. Persons engaged in the business of distributing, supplying, furnishing, or selling water for use or consumption within the corporate limits of the municipality, and not for resale, at a rate not to exceed 5% of the gross receipts therefrom. None of the taxes authorized by this Section may be imposed with respect to any transaction in interstate commerce or otherwise to the extent to which the business or privilege may not, under the constitution and statutes of the United States, be made the subject of taxation by this State or any political sub-division thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing, selling or transmitting gas, water, or electricity, or engaged in the business of transmitting messages, or using or consuming electricity acquired in a purchase at retail, be subject to taxation under the provisions of this Section for those transactions that are or may become subject to taxation under the provisions of the "Municipal Retailers' Occupation Tax Act" authorized by Section 8-11-1; nor shall any tax authorized by this Section be imposed upon any person engaged in a business or on any privilege unless the tax is imposed in like manner and at the same rate upon all persons engaged in businesses of the same class in the municipality, whether privately or municipally owned or operated, or exercising the same privilege within the municipality. Any of the taxes enumerated in this Section may be in addition to the payment of money, or value of products or services furnished to the municipality by the taxpayer as compensation for the use of its streets, alleys, or other public places, or installation and maintenance therein, thereon or thereunder of poles, wires, pipes or other equipment used in the operation of the taxpayer's business. (a) If the corporate authorities of any home rule municipality have adopted an ordinance that imposed a tax on public utility customers, between July 1, 1971, and October 1, 1981, on the good faith belief that they were exercising authority pursuant to Section 6 of Article VII of the 1970 Illinois Constitution, that action of the corporate authorities shall be declared legal and valid, notwithstanding a later decision of a judicial tribunal declaring the ordinance invalid. No municipality shall be required to rebate, refund, or issue credits for any taxes described in this paragraph, and those taxes shall be deemed to have been levied and collected in accordance with the Constitution and laws of this State. (b) In any case in which (i) prior to October 19, 1979, the corporate authorities of any municipality have adopted an ordinance imposing a tax authorized by this Section (or by the predecessor provision of the "Revised Cities and Villages Act") and have explicitly or in practice interpreted gross receipts to include either charges added to customers' bills pursuant to the provision of paragraph (a) of Section 36 of the Public Utilities Act or charges added to customers'
[April 2, 2001] 66 bills by taxpayers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in such paragraph (a) of Section 36 of that Act, and (ii) on or after October 19, 1979, a judicial tribunal has construed gross receipts to exclude all or part of those charges, then neither those municipality nor any taxpayer who paid the tax shall be required to rebate, refund, or issue credits for any tax imposed or charge collected from customers pursuant to the municipality's interpretation prior to October 19, 1979. This paragraph reflects a legislative finding that it would be contrary to the public interest to require a municipality or its taxpayers to refund taxes or charges attributable to the municipality's more inclusive interpretation of gross receipts prior to October 19, 1979, and is not intended to prescribe or limit judicial construction of this Section. The legislative finding set forth in this subsection does not apply to taxes imposed after the effective date of this amendatory Act of 1995. (c) The tax authorized by subparagraph 3 shall be collected from the purchaser by the person maintaining a place of business in this State who delivers the electricity to the purchaser. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and if unpaid, is recoverable in the same manner as the original charge for delivering the electricity. Any tax required to be collected pursuant to an ordinance authorized by subparagraph 3 and any such tax collected by a person delivering electricity shall constitute a debt owed to the municipality by such person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. For purposes of this subsection (c), any partial payment not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. Persons delivering electricity shall collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity, in the manner prescribed by the municipality. Persons delivering electricity shall also be authorized to add to such gross charge an amount equal to 3% of the tax to reimburse the person delivering electricity for the expenses incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the municipality upon request. If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser shall be required to pay the tax directly to the municipality in the manner prescribed by the municipality. Persons delivering electricity who file returns pursuant to this paragraph (c) shall, at the time of filing such return, pay the municipality the amount of the tax collected pursuant to subparagraph 3. (d) For the purpose of the taxes enumerated in this Section: "Gross receipts" means the consideration received for the transmission of messages, the consideration received for distributing, supplying, furnishing or selling gas for use or consumption and not for resale, and the consideration received for distributing, supplying, furnishing or selling water for use or consumption and not for resale, and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every kind and material and for all services rendered therewith, and shall be determined without any deduction on account of the cost of transmitting such messages, without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost, or any other expenses whatsoever. "Gross receipts" shall not include that portion of the consideration received for distributing, supplying, furnishing, or selling gas or water to, or for the transmission of messages for, business enterprises described in paragraph (e) of this Section to the extent and during the period in which the exemption authorized by paragraph (e) is in effect or for school districts or
67 [April 2, 2001] units of local government described in paragraph (f) during the period in which the exemption authorized in paragraph (f) is in effect. "Gross receipts" shall not include amounts paid by telecommunications retailers under the Telecommunications Municipal Infrastructure Maintenance Fee Act. For utility bills issued on or after May 1, 1996, but before May 1, 1997, and for receipts from those utility bills, "gross receipts" does not include one-third of (i) amounts added to customers' bills under Section 9-222 of the Public Utilities Act, or (ii) amounts added to customers' bills by taxpayers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities described in Section 9-222 of the Public Utilities Act. For utility bills issued on or after May 1, 1997, but before May 1, 1998, and for receipts from those utility bills, "gross receipts" does not include two-thirds of (i) amounts added to customers' bills under Section 9-222 of the Public Utilities Act, or (ii) amount added to customers' bills by taxpayers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities described in Section 9-222 of the Public Utilities Act. For utility bills issued on or after May 1, 1998, and for receipts from those utility bills, "gross receipts" does not include (i) amounts added to customers' bills under Section 9-222 of the Public Utilities Act, or (ii) amounts added to customers' bills by taxpayers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities described in Section 9-222 of the Public Utilities Act. For purposes of this Section "gross receipts" shall not include (i) amounts added to customers' bills under Section 9-221 of the Public Utilities Act, or (ii) charges added to customers' bills to recover the surcharge imposed under the Emergency Telephone System Act. This paragraph is not intended to nor does it make any change in the meaning of "gross receipts" for the purposes of this Section, but is intended to remove possible ambiguities, thereby confirming the existing meaning of "gross receipts" prior to the effective date of this amendatory Act of 1995. The words "transmitting messages", in addition to the usual and popular meaning of person to person communication, shall include the furnishing, for a consideration, of services or facilities (whether owned or leased), or both, to persons in connection with the transmission of messages where those persons do not, in turn, receive any consideration in connection therewith, but shall not include such furnishing of services or facilities to persons for the transmission of messages to the extent that any such services or facilities for the transmission of messages are furnished for a consideration, by those persons to other persons, for the transmission of messages. "Person" as used in this Section means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, limited liability company, municipal corporation, the State or any of its political subdivisions, any State university created by statute, or a receiver, trustee, guardian or other representative appointed by order of any court. "Person maintaining a place of business in this State" shall mean any person having or maintaining within this State, directly or by a subsidiary or other affiliate, an office, generation facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this State under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this State. "Public utility" shall have the meaning ascribed to it in Section 3-105 of the Public Utilities Act and shall include telecommunications carriers as defined in Section 13-202 of that Act and alternative retail electric suppliers as defined in Section 16-102 of that Act. "Purchase at retail" shall mean any acquisition of electricity by a
[April 2, 2001] 68 purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility directly in the generation, production, transmission, delivery or sale of electricity. "Purchaser" shall mean any person who uses or consumes, within the corporate limits of the municipality, electricity acquired in a purchase at retail. In the case of persons engaged in the business of transmitting messages through the use of mobile equipment, such as cellular phones and paging systems, the gross receipts from the business shall be deemed to originate within the corporate limits of a municipality only if the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act
69 [April 2, 2001] or a school district may by ordinance exempt the other unit of local government or school district from those taxes. (g) The amendment of this Section by Public Act 84-127 shall take precedence over any other amendment of this Section by any other amendatory Act passed by the 84th General Assembly before the effective date of Public Act 84-127. (h) In any case in which, before July 1, 1992, a person engaged in the business of transmitting messages through the use of mobile equipment, such as cellular phones and paging systems, has determined the municipality within which the gross receipts from the business originated by reference to the location of its transmitting or switching equipment, then (i) neither the municipality to which tax was paid on that basis nor the taxpayer that paid tax on that basis shall be required to rebate, refund, or issue credits for any such tax or charge collected from customers to reimburse the taxpayer for the tax and (ii) no municipality to which tax would have been paid with respect to those gross receipts if the provisions of this amendatory Act of 1991 had been in effect before July 1, 1992, shall have any claim against the taxpayer for any amount of the tax. (Source: P.A. 90-16, eff. 6-16-97; 90-561, eff. 8-1-98; 90-562, eff. 12-16-97; 90-655, eff. 7-30-98; 91-870, eff. 6-22-00.) Section 999. Effective date. This Act takes effect on August 1, 2002.". AMENDMENT NO. 2 TO HOUSE BILL 843 AMENDMENT NO. 2. Amend House Bill 843, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 13, by replacing lines 7 through 11 with the following: "(c) The procedures in this Section shall be the first course of remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction or a refund of or other compensation for taxes, charges, and fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from these taxes, charges, or fees shall accrue until a customer has reasonably exercised the rights and procedures set forth in this Section.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Wait, HOUSE BILL 1027 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 105, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Slone, HOUSE BILL 793 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
[April 2, 2001] 70 the affirmative by the following vote: 107, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bugielski, HOUSE BILL 1901 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 105, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Winkel, HOUSE BILL 2056 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 107, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Cross, HOUSE BILL 3080 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 106, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hassert, HOUSE BILL 3247 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 91, Yeas; 11, Nays; 4, Answering Present. (ROLL CALL 19) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Mendoza, HOUSE BILL 3262 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 107, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 20) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Slone, HOUSE BILL 3006 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 107, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence.
71 [April 2, 2001] On motion of Representative Novak, HOUSE BILL 3347 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 84, Yeas; 21, Nays; 0, Answering Present. (ROLL CALL 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 171 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, With the passage of Public Law 85-529, on July 18, 1958, the Veterans of Foreign Wars won a long hard battle to have Loyalty Day approved by the United States Congress, thus beginning the tradition of Loyalty Day with the V.F.W.; and WHEREAS, The first day of May is nationally recognized as Loyalty Day; this day is filled with activities designed to involve the community in displaying loyalty to the flag and to the country; and WHEREAS, Phillip L. Clayton currently serves as the 14th District Commander representing 28 V.F.W. Posts; Leila Dierks serves as the 14th District President and represent 22 V.F.W. Auxiliaries; Mr. Clayton and Ms. Dierks have held their positions since June 25, 2000; and WHEREAS, On April 28, 2001, the V.F.W. is holding a celebration that will consist of the 14th District, Posts, and Auxiliaries proudly parading their colors down a two block stretch; there will also be speeches by various individuals, including the Mayor of Trenton and other political dignitaries, and the presentation of a flag to the City of Trenton; awards will also be presented to the various youth winners of the annual coloring, poster, and essay contests; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that April 28 is hereby noted as the Veterans of Foreign War's "Loyalty Day" in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Veterans of Foreign Wars as an expression of our esteem. HOUSE RESOLUTION 184 Offered by Representative Currie: WHEREAS, The numbers of closings at Illinois bathing beaches along Lake Michigan, especially in Chicago, have increased in recent years; and WHEREAS, These beaches provide an important form of recreation and enjoyment for people of all ages; and WHEREAS, There is little advance notice to the public that a beach will be closed, thus causing disruption of plans and a lack of recreational opportunity; and WHEREAS, The expertise and resources of federal, State, local, and private entities may help reduce the number of beach closings; and RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois Department of Public Health coordinate efforts with other federal and State agencies, the City of Chicago, and other municipalities that operate beaches along the Lake, and any organization that has an interest in or responsibility for the quality of Lake Michigan water in order to
[April 2, 2001] 72 identify the causes of Lake Michigan beach closings, investigate possible remedies, and develop models to predict water quality problems based on meteorological conditions; and be it further RESOLVED, That the Illinois Department of Public Health research and evaluate new and innovative beach monitoring techniques for water quality in an effort to develop timely testing notice and results; and be it further RESOLVED, That a suitable copy of this resolution be sent to the Director of Public Health. HOUSE RESOLUTION 187 Offered by Representative Howard: WHEREAS, Mayor Harold Washington was born in Chicago, Illinois on April 15, 1922, to Roy and Bertha Washington; and WHEREAS, Mayor Harold Washington was active in politics as a young man growing up on the South Side of Chicago under the tutelage of his father, Attorney Roy Washington, who was a leader in the Third Ward; and WHEREAS, Mayor Harold Washington was drafted into the United States Army in 1939 and served his country in World War II as a soil technician in the Guam Theater; he earned the rank of First Sergeant; and WHEREAS, Mayor Harold Washington had an unquenchable thirst for knowledge and a strong desire to become educated; he enrolled in Roosevelt University where he became the President of the Student Council in 1947 and graduated in 1949; he then entered Northwestern University School of Law where he earned his Jurist Doctor degree; and WHEREAS, Mayor Harold Washington followed the example set by his father becoming active in the Third Ward Regular Democratic Organization and the Third Ward Young Democrats; he began a lifetime of service to the city, State, and country; and WHEREAS, Mayor Harold Washington served as an Assistant City Attorney from 1954 to 1958; he was a member of the Illinois House of Representatives from 1966 through 1976; a member of the Illinois Senate from 1976 to 1980; and a member of the United States House of Representatives from 1980 until 1983; and WHEREAS, On April 22, 1983, Harold Washington was elected to the Office of the Mayor of the City of Chicago, thereby making him the first African-American to be elected to that position and then re-elected in 1987; his tenure in the Office of the Mayor had many historical implications which included the election and challenges of his administration that have been the subject of numerous books, essays and articles in newspapers, magazines, and scholarly journals; and WHEREAS, Mayor Harold Washington has left a legacy of programs and accomplishments that have not been surpassed and some of which have been adopted nationally; and WHEREAS, Mayor Harold Washington issued Executive Orders and ordinances that became models for the country's urban cities, including advisory commissions on the affairs of Latinos, Women, and Asians; ordinances on affirmative action in employment and procurement, tenants rights, campaign finance reform, freedom of information, and South African divestiture; and WHEREAS, Mayor Harold Washington issued the first general obligation bonds to be used for the redevelopment of the City of Chicago's neighborhoods aging infrastructure; and WHEREAS, Mayor Harold Washington promulgated a linked development program that required development dollars to be spent in the neighborhoods when they are spent in the central business district; and WHEREAS, As Chairman of the United States Conference of Mayors, he put forth an agenda for the re-development of the inner cities, beginning a national dialogue on race relations; and WHEREAS, In June of 1983 Mayor Harold Washington organized the first parade held in honor of veterans of the Vietnam War and a national newspaper article stated, "The image of Mayor Harold Washington and General Westmoreland in the reviewing stand, saluting
73 [April 2, 2001] the Vietnam War veterans of all races, genders, and nationalities was a sight to behold"; and WHEREAS, Mayor Harold Washington instituted a public policy and practice of fairness and equality for all of the citizens and communities; this attitude was made clear in his first inaugural address on April 29, 1983, when he said, "I hope to be remembered by history as the Mayor who cared about people and who was above all, fair"; and WHEREAS, Mayor Harold Washington dies tragically and suddenly in office on November 21, 1987, leaving the entire City of Chicago overcome with grief for many days; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we declare April 15, 2001, as Harold Washington United States Commemorative Stamp Day, and urge all citizens of Illinois to be aware of the contributions of Mayor Harold Washington and to write to the United States Postal Service Citizens' Stamp Advisory Committee urging them to issue a commemorative stamp in honor of Mayor Harold Washington; and be it further RESOLVED, That a suitable copy of this resolution be sent to the United States Postal Service Citizens' Stamp Advisory Committee, to the President of the United States, and to each member of the Illinois congressional delegation. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 31, 60, 117, 377, 617, 730, 871, 880, 950, 969, 1033, 1093, 1094, 1095, 1172, 1276, 1285 and 1303. At the hour of 3:05 o'clock p.m., Representative Currie moved that the House do now adjourn until Tuesday, April 3, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[April 2, 2001] 74 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 02, 2001 0 YEAS 0 NAYS 112 PRESENT P ACEVEDO P FEIGENHOLTZ P LINDNER P POE P BASSI P FLOWERS P LYONS,EILEEN P REITZ P BEAUBIEN P FORBY P LYONS,JOSEPH P RIGHTER P BELLOCK P FOWLER P MATHIAS P RUTHERFORD P BERNS P FRANKS P MAUTINO P RYAN P BIGGINS P FRITCHEY P MAY P RYDER E BLACK P GARRETT P McAULIFFE P SAVIANO P BOLAND P GILES P McCARTHY E SCHMITZ P BOST P GRANBERG P McGUIRE P SCHOENBERG P BRADLEY P HAMOS P McKEON A SCOTT P BRADY P HANNIG P MENDOZA P SCULLY P BROSNAHAN P HARTKE P MEYER P SLONE P BRUNSVOLD P HASSERT P MILLER P SMITH P BUGIELSKI P HOEFT P MITCHELL,BILL P SOMMER P BURKE P HOFFMAN P MITCHELL,JERRY P SOTO P CAPPARELLI P HOLBROOK P MOFFITT E STEPHENS P COLLINS P HOWARD P MOORE P STROGER P COULSON P HULTGREN P MORROW P TENHOUSE P COWLISHAW P JOHNSON P MULLIGAN P TURNER,ART P CROSS P JONES,JOHN A MURPHY P TURNER,JOHN P CROTTY P JONES,LOU P MYERS P WAIT P CURRIE P JONES,SHIRLEY P NOVAK P WINKEL P CURRY P KENNER P O'BRIEN P WINTERS P DANIELS P KLINGLER P O'CONNOR P WIRSING P DART P KOSEL P OSMOND P WOJCIK P DAVIS,MONIQUE P KRAUSE P OSTERMAN P YARBROUGH P DAVIS,STEVE P KURTZ P PANKAU P YOUNGE P DELGADO P LANG P PARKE P ZICKUS E DURKIN P LAWFER P PERSICO P MR. SPEAKER P ERWIN P LEITCH E - Denotes Excused Absence
75 [April 2, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3078 FOIA-LITIGATION SETTLEMENT THIRD READING PASSED APR 02, 2001 100 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 2, 2001] 76 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 185 TRANSPORTATION-TECHNICAL THIRD READING PASSED APR 02, 2001 101 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
77 [April 2, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3217 RESPONSIBLE TRANSFER-REPEAL THIRD READING PASSED APR 02, 2001 101 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 78 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 549 PUBLIC DEFENDER SALARIES THIRD READING PASSED APR 02, 2001 81 YEAS 19 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE N BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND N WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO P LANG N PARKE N ZICKUS E DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
79 [April 2, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1798 ELEC CD-PUB QUSTN-SIGN PETITON THIRD READING PASSED APR 02, 2001 101 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 80 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 800 INS PRODUCER OWN INSURED DATA THIRD READING PASSED APR 02, 2001 100 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL P OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
81 [April 2, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 909 PROC CD-CONST JOB REPORTS THIRD READING PASSED APR 02, 2001 101 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 82 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 888 CRIM PRO-EAVESDROPPING THIRD READING PASSED APR 02, 2001 101 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER A SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER A O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
83 [April 2, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2519 K DUNHAM PERFORMING ARTS SCH THIRD READING PASSED APR 02, 2001 95 YEAS 3 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY P RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER A SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER P COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW P JOHNSON Y MULLIGAN Y TURNER,ART A CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS E DURKIN P LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 84 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1 CHILD DEATH REVIEW-EXEC COUNCL THIRD READING PASSED APR 02, 2001 105 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
85 [April 2, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1051 POD ACCOUNTS MULTIPLE OWNER THIRD READING PASSED APR 02, 2001 105 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 86 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 176 TELEPHONE SOLICITATION-RULES THIRD READING PASSED APR 02, 2001 107 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
87 [April 2, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1027 GA DISTRICT OFFICE-UTILITIES THIRD READING PASSED APR 02, 2001 105 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW A JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE A KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 88 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 793 ILL GROWTH ACT-TECH THIRD READING PASSED APR 02, 2001 107 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
89 [April 2, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1901 UNIFORM HLTH BENEFIT CARD THIRD READING PASSED APR 02, 2001 105 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT A McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 90 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2056 VEH CD-ISSUE CITATION-SCH BUS THIRD READING PASSED APR 02, 2001 107 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
91 [April 2, 2001] NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3080 STATE EMPLOYEES-TECH THIRD READING PASSED APR 02, 2001 106 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG P PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 92 NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3247 LAND CONVEYANCE-IDOT THIRD READING PASSED APR 02, 2001 91 YEAS 11 NAYS 4 PRESENT A ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS P FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT P MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO P LANG Y PARKE Y ZICKUS E DURKIN N LAWFER Y PERSICO P MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
93 [April 2, 2001] NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3262 CRIM CD-FIREARMS-TRACING THIRD READING PASSED APR 02, 2001 107 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 2, 2001] 94 NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3006 IL RIVER WATERSHED COUNCIL THIRD READING PASSED APR 02, 2001 107 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS E DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
95 [April 2, 2001] NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3347 RADIOACTIVE WASTE STORAGE-TECH THIRD READING PASSED APR 02, 2001 84 YEAS 21 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ A BOST Y GRANBERG Y McGUIRE N SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER A COULSON Y HULTGREN A MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS A JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER N O'CONNOR Y WIRSING N DART N KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE N ZICKUS E DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence