STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
39TH LEGISLATIVE DAY
TUESDAY, APRIL 3, 2001
11:00 O'CLOCK A.M.
NO. 39
[April 3, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 39th Legislative Day Action Page(s) Adjournment........................................ 92 Balanced Budget Note Requested..................... 8 Change of Sponsorship.............................. 16 Committee on Rules Referrals....................... 6 Fiscal Note Requested.............................. 7 Fiscal Note Supplied............................... 8 Fiscal Note Withdrawn.............................. 8 Home Rule Note Requested........................... 8 Judicial Note Requested............................ 8 Quorum Roll Call................................... 6 State Debt Impact Note Requested................... 8 State Mandate Note Requested....................... 8 State Mandates Notes Supplied...................... 8 Bill Number Legislative Action Page(s) HB 0058 Third Reading...................................... 18 HB 0131 Second Reading..................................... 85 HB 0163 Third Reading...................................... 18 HB 0172 Committee Report-Floor Amendment/s................. 13 HB 0172 Second Reading - Amendment/s....................... 56 HB 0231 Second Reading - Amendment/s....................... 86 HB 0236 Second Reading..................................... 19 HB 0241 Second Reading..................................... 19 HB 0241 Third Reading...................................... 19 HB 0242 Second Reading - Amendment/s....................... 85 HB 0280 Committee Report-Floor Amendment/s................. 13 HB 0280 Recall............................................. 87 HB 0280 Second Reading - Amendment/s....................... 82 HB 0475 Committee Report-Floor Amendment/s................. 15 HB 0482 Committee Report-Floor Amendment/s................. 14 HB 0482 Second Reading - Amendment/s....................... 64 HB 0521 Second Reading - Amendment/s....................... 88 HB 0524 Second Reading - Amendment/s....................... 22 HB 0572 Third Reading...................................... 18 HB 0593 Committee Report-Floor Amendment/s................. 13 HB 0593 Committee Report-Floor Amendment/s................. 14 HB 0593 Second Reading - Amendment/s....................... 61 HB 0644 Second Reading - Amendment/s....................... 86 HB 0646 Committee Report-Floor Amendment/s................. 12 HB 0646 Second Reading - Amendment/s....................... 55 HB 0760 Recall............................................. 21 HB 0776 Third Reading...................................... 21 HB 0902 Motion Submitted................................... 7 HB 0902 Recall............................................. 87 HB 0914 Recall............................................. 21 HB 0927 Second Reading - Amendment/s....................... 87 HB 0934 Third Reading...................................... 18 HB 0953 Committee Report-Floor Amendment/s................. 11 HB 0953 Second Reading - Amendment/s....................... 78 HB 0980 Third Reading...................................... 17 HB 1004 Committee Report-Floor Amendment/s................. 12 HB 1004 Second Reading - Amendment/s....................... 19 HB 1075 Committee Report-Floor Amendment/s................. 13 HB 1075 Second Reading - Amendment/s....................... 69 HB 1081 Second Reading - Amendment/s....................... 35 HB 1457 Committee Report-Floor Amendment/s................. 12
3 [April 3, 2001] Bill Number Legislative Action Page(s) HB 1457 Second Reading - Amendment/s....................... 79 HB 1722 Recall............................................. 21 HB 1886 Committee Report-Floor Amendment/s................. 15 HB 1886 Second Reading - Amendment/s....................... 42 HB 1889 Third Reading...................................... 21 HB 1905 Third Reading...................................... 21 HB 1921 Second Reading..................................... 19 HB 1954 Recall............................................. 21 HB 1956 Committee Report-Floor Amendment/s................. 6 HB 1956 Second Reading - Amendment/s....................... 35 HB 1982 Third Reading...................................... 17 HB 2054 Third Reading...................................... 21 HB 2098 Committee Report-Floor Amendment/s................. 15 HB 2098 Second Reading - Amendment/s....................... 51 HB 2139 Recall............................................. 22 HB 2235 Third Reading...................................... 87 HB 2276 Committee Report-Floor Amendment/s................. 6 HB 2276 Second Reading - Amendment/s....................... 69 HB 2298 Recall............................................. 21 HB 2382 Second Reading..................................... 87 HB 2425 Third Reading...................................... 18 HB 2432 Second Reading - Amendment/s....................... 84 HB 2438 Recall............................................. 22 HB 2531 Committee Report-Floor Amendment/s................. 14 HB 2531 Second Reading - Amendment/s....................... 32 HB 2548 Second Reading..................................... 19 HB 2563 Third Reading...................................... 20 HB 2564 Third Reading...................................... 88 HB 2807 Committee Report-Floor Amendment/s................. 16 HB 2807 Second Reading - Amendment/s....................... 81 HB 3007 Committee Report-Floor Amendment/s................. 12 HB 3007 Second Reading - Amendment/s....................... 43 HB 3008 Committee Report-Floor Amendment/s................. 13 HB 3008 Second Reading - Amendment/s....................... 36 HB 3024 Committee Report-Floor Amendment/s................. 14 HB 3024 Second Reading - Amendment/s....................... 85 HB 3050 Third Reading...................................... 17 HB 3073 Motion Submitted................................... 7 HB 3073 Second Reading - Amendment/s....................... 85 HB 3098 Second Reading..................................... 32 HB 3148 Third Reading...................................... 17 HB 3149 Third Reading...................................... 17 HB 3162 Third Reading...................................... 18 HB 3188 Committee Report-Floor Amendment/s................. 13 HB 3188 Second Reading - Amendment/s....................... 52 HB 3193 Committee Report-Floor Amendment/s................. 6 HB 3193 Second Reading - Amendment/s....................... 35 HB 3193 Second Reading - Amendment/s....................... 84 HB 3216 Committee Report-Floor Amendment/s................. 16 HB 3216 Second Reading - Amendment/s....................... 61 HB 3329 Second Reading..................................... 19 HB 3353 Second Reading..................................... 84 HB 3363 Second Reading..................................... 84 HB 3364 Committee Report-Floor Amendment/s................. 14 HB 3364 Second Reading - Amendment/s....................... 33 HB 3392 Third Reading...................................... 22 HB 3521 Committee Report-Floor Amendment/s................. 12 HB 3521 Second Reading - Amendment/s....................... 53 HB 3525 Committee Report-Floor Amendment/s................. 16 HB 3525 Second Reading - Amendment/s....................... 82 SB 0055 Senate Message - Passage of Senate Bill............ 10 SB 0113 First Reading...................................... 91 SB 0113 Senate Message - Passage of Senate Bill............ 10 SB 0164 Senate Message - Passage of Senate Bill............ 10
[April 3, 2001] 4 Bill Number Legislative Action Page(s) SB 0170 First Reading...................................... 91 SB 0170 Senate Message - Passage of Senate Bill............ 10 SB 0208 Senate Message - Passage of Senate Bill............ 10 SB 0251 Senate Message - Passage of Senate Bill............ 10 SB 0252 First Reading...................................... 91 SB 0252 Senate Message - Passage of Senate Bill............ 10 SB 0290 First Reading...................................... 91 SB 0326 First Reading...................................... 91 SB 0326 Senate Message - Passage of Senate Bill............ 10 SB 0376 First Reading...................................... 91 SB 0405 First Reading...................................... 91 SB 0405 Senate Message - Passage of Senate Bill............ 10 SB 0417 Senate Message - Passage of Senate Bill............ 10 SB 0464 First Reading...................................... 91 SB 0464 Senate Message - Passage of Senate Bill............ 10 SB 0493 First Reading...................................... 91 SB 0496 Senate Message - Passage of Senate Bill............ 10 SB 0497 Senate Message - Passage of Senate Bill............ 10 SB 0508 Senate Message - Passage of Senate Bill............ 10 SB 0510 Senate Message - Passage of Senate Bill............ 10 SB 0526 Senate Message - Passage of Senate Bill............ 10 SB 0528 Senate Message - Passage of Senate Bill............ 10 SB 0530 First Reading...................................... 91 SB 0534 First Reading...................................... 91 SB 0538 Senate Message - Passage of Senate Bill............ 10 SB 0573 Senate Message - Passage of Senate Bill............ 10 SB 0598 Senate Message - Passage of Senate Bill............ 10 SB 0610 First Reading...................................... 91 SB 0615 First Reading...................................... 91 SB 0624 First Reading...................................... 91 SB 0633 Senate Message - Passage of Senate Bill............ 10 SB 0686 First Reading...................................... 91 SB 0698 First Reading...................................... 91 SB 0698 Senate Message - Passage of Senate Bill............ 10 SB 0713 Senate Message - Passage of Senate Bill............ 10 SB 0726 Senate Message - Passage of Senate Bill............ 10 SB 0751 Senate Message - Passage of Senate Bill............ 10 SB 0789 Senate Message - Passage of Senate Bill............ 10 SB 0817 Senate Message - Passage of Senate Bill............ 10 SB 0824 First Reading...................................... 91 SB 0826 Senate Message - Passage of Senate Bill............ 11 SB 0827 First Reading...................................... 91 SB 0830 First Reading...................................... 91 SB 0834 Senate Message - Passage of Senate Bill............ 11 SB 0845 Senate Message - Passage of Senate Bill............ 11 SB 0856 Senate Message - Passage of Senate Bill............ 11 SB 0860 Senate Message - Passage of Senate Bill............ 11 SB 0887 Senate Message - Passage of Senate Bill............ 11 SB 0912 First Reading...................................... 91 SB 0932 Senate Message - Passage of Senate Bill............ 11 SB 0938 Senate Message - Passage of Senate Bill............ 11 SB 0940 Senate Message - Passage of Senate Bill............ 11 SB 0965 Senate Message - Passage of Senate Bill............ 11 SB 0975 Senate Message - Passage of Senate Bill............ 11 SB 0984 First Reading...................................... 91 SB 1017 Senate Message - Passage of Senate Bill............ 11 SB 1035 Senate Message - Passage of Senate Bill............ 11 SB 1039 Senate Message - Passage of Senate Bill............ 11 SB 1048 First Reading...................................... 91 SB 1080 First Reading...................................... 91 SB 1104 First Reading...................................... 91 SB 1126 Senate Message - Passage of Senate Bill............ 11 SB 1166 Senate Message - Passage of Senate Bill............ 11 SB 1174 Senate Message - Passage of Senate Bill............ 11
5 [April 3, 2001] Bill Number Legislative Action Page(s) SB 1234 First Reading...................................... 91 SB 1289 Senate Message - Passage of Senate Bill............ 11 SB 1348 Senate Message - Passage of Senate Bill............ 11 SB 1486 First Reading...................................... 91
[April 3, 2001] 6 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Tim B. Zechiel of the St. Paul and Emmanuel Lutheran Churches in Steeleville, Illinois. Representative McKeon 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: 114 present. (ROLL CALL 1) By unanimous consent, Representatives 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 Curry, 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 Granberg, should be recorded as present. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1956. Amendment No. 2 to HOUSE BILL 2276. Amendment No. 1 to HOUSE BILL 3193. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Cities & Villages: House Amendment 2 to HOUSE BILL 1855. Committee on Commerce & Business Development: House Amendment 1 to HOUSE BILL 827. Committee on Elementary & Secondary Education: House Amendments numbered 1 and 2 to HOUSE BILL 2835. Committee on Executive: House Amendment 1 to HOUSE BILL 1492. Committee on Human Services: House Amendment 2 to HOUSE BILL 632. Committee on Insurance: House Amendment 2 to HOUSE BILL 2419. Committee on Labor: HOUSE JOINT RESOLUTION 19. Committee on Personnel & Pensions: House Amendment 1 to HOUSE BILL 2662. Committee on Transportation & Motor Vehicles: House Amendment 1 to HOUSE BILL 1926. Committee on Agriculture: SENATE BILLS 104, 831 and 991.
7 [April 3, 2001] Committee on Appropriations-Elementary & Secondary Education: SENATE BILL 668. Committee on Appropriations-Human Services: SENATE BILLS 758 and 1486. Committee on Child Support Enforcement: SENATE BILL 661. Committee on Children & Youth: SENATE BILLS 98, 838, 839, 840, 842, 843 and 1303. Committee on Cities & Villages: SENATE BILLS 49, 95, 101, 316, 523, 755, 787 and 915. Committee on Commerce & Business Development: SENATE BILL 846. Committee on Conservation & Land Use: SENATE BILLS 12, 153 and 874. Committee on Constitutional Officers: SENATE BILLS 267, 1099 and 1172. Committee on Consumer Protection: SENATE BILLS 368 and 935. Committee on Counties & Townships: SENATE BILLS 99, 1084 and 1113. Committee on Elections & Campaign Reform: SENATE BILLS 360 and 1109. Committee on Elementary & Secondary Education: SENATE BILLS 109, 116, 264, 325, 384, 487, 898 and 1293. Committee on Environment & Energy: SENATE BILLS 364, 683, 852 and 881. Committee on Executive: SENATE BILLS 76, 93, 616, 900 and 1506. Committee on Financial Institutions: SENATE BILLS 888 and 1104. Committee on Health Care Availability & Access: SENATE BILLS 319, 866 and 1019. Committee on Higher Education: SENATE BILLS 168, 406 and 1152. Committee on Human Services: SENATE BILLS 149, 165, 371, 382, 390, 396, 873, 882, 884 and 1329. Committee on Insurance: SENATE BILLS 452, 463, 864, 865, 867, 869, 870 and 962. Committee on Judiciary I-Civil Law: SENATE BILLS 37, 195, 433, 879, 978 and 1046. Committee on Judiciary II-Criminal Law: SENATE BILLS 5, 20, 50, 64, 175, 187, 194, 265, 977, 1049, 1097 and 1517. Committee on Labor: SENATE BILLS 720, 858, 868 and 969. Committee on Personnel & Pensions: SENATE BILLS 479 and 963. Committee on Registration & Regulation: SENATE BILLS 129, 263, 285, 289, 833 and 857. Committee on Revenue: SENATE BILLS 15, 184, 207, 231, 298, 305, 450, 540, 574, 761, 853, 854, 855, 1135, 1171, 1176, 1177 and 1493. Committee on State Government Administration: SENATE BILLS 8, 456, 502, 825, 835, 836, 837, 859, 875, 877, 931, 989 and 1150. Committee on The Disabled Community: SENATE BILL 816. Committee on Transportation & Motor Vehicles: SENATE BILLS 103, 115, 400, 504, 647, 660, 800, 819 and 823. Committee on Veterans' Affairs: SENATE BILL 876. MOTIONS SUBMITTED Representative Bost submitted the following written motion, which was placed on the order of Motions: MOTION I move to table Amendment No. 1 to HOUSE BILL 3073. Representative John Jones submitted the following written motion, which was placed on the order of Motions: MOTION I move to table Amendment No. 2 to HOUSE BILL 902. REQUEST FOR FISCAL NOTE Representative Hoffman requested that a Fiscal Note be supplied for
[April 3, 2001] 8 HOUSE BILL 2435. Representative Black requested that a Fiscal Note be supplied for HOUSE BILL 3364, as amended. Representative Jerry Mitchell requested that a Fiscal Note be supplied for HOUSE BILL 3521, as amended. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 524, as amended and 2283. FISCAL NOTE WITHDRAWN Representative Black withdrew his request for a Fiscal Note on HOUSE BILL 3024. REQUEST FOR STATE MANDATE NOTE Representative Black requested that a State Mandates Note be supplied for HOUSE BILL 3364, as amended. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for HOUSE BILLS 497, as amended, 618, as amended and 1728, as amended. REQUEST FOR BALANCED BUDGET NOTE Representative Hoffman requested that a Balanced Budget Note be supplied for HOUSE BILL 2435. REQUEST FOR HOME RULE NOTE Representative Hoffman requested that a Home Rule Note be supplied for HOUSE BILL 2435. REQUEST FOR JUDICIAL NOTE Representative Hoffman requested that a Judicial Note be supplied for HOUSE BILL 2435. REQUEST FOR STATE DEBT IMPACT NOTE Representative Hoffman requested that a State Debt Impact Note be supplied for HOUSE BILL 2435. Representative Jery Mitchell requested that a State Debt Impact Note be supplied for HOUSE BILL 3521, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the
9 [April 3, 2001] passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 55 A bill for AN ACT concerning taxes. SENATE BILL NO. 113 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 6-106.1. SENATE BILL NO. 164 A bill for AN ACT concerning taxation. SENATE BILL NO. 170 A bill for AN ACT in relation to schools. SENATE BILL NO. 208 A bill for AN ACT concerning taxes. SENATE BILL NO. 251 A bill for AN ACT concerning criminal law. SENATE BILL NO. 252 A bill for AN ACT concerning unemployment insurance. SENATE BILL NO. 326 A bill for AN ACT relating to schools. SENATE BILL NO. 405 A bill for AN ACT concerning agriculture. SENATE BILL NO. 417 A bill for AN ACT in relation to alcoholic liquor. SENATE BILL NO. 464 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 496 A bill for AN ACT concerning taxes. SENATE BILL NO. 497 A bill for AN ACT concerning taxes. SENATE BILL NO. 508 A bill for AN ACT concerning taxes. SENATE BILL NO. 510 A bill for AN ACT in relation to vehicles. SENATE BILL NO. 526 A bill for AN ACT concerning the regulation of professions. SENATE BILL NO. 528 A bill for AN ACT concerning the regulation of professions. SENATE BILL NO. 538 A bill for AN ACT concerning taxes. SENATE BILL NO. 573 A bill for AN ACT concerning taxes. SENATE BILL NO. 598 A bill for AN ACT concerning library districts. SENATE BILL NO. 633 A bill for AN ACT concerning the regulation of professions.
[April 3, 2001] 10 SENATE BILL NO. 698 A bill for AN ACT in relation to children. SENATE BILL NO. 713 A bill for AN ACT in relation to taxes. SENATE BILL NO. 726 A bill for AN ACT in relation to conservation. SENATE BILL NO. 751 A bill for AN ACT concerning professional regulation. SENATE BILL NO. 789 A bill for AN ACT concerning agency performance review. SENATE BILL NO. 817 A bill for AN ACT in relation to public aid. Passed by the Senate, April 3, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 55, 113, 164, 170, 208, 251, 252, 326, 405, 417, 464, 496, 497, 508, 510, 526, 528, 538, 573, 598, 633, 698, 713, 726, 751, 789 and 817 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 826 A bill for AN ACT in relation to vehicles. SENATE BILL NO. 834 A bill for AN ACT concerning State funds. SENATE BILL NO. 845 A bill for AN ACT concerning technology. SENATE BILL NO. 856 A bill for AN ACT in relation to taxation. SENATE BILL NO. 860 A bill for AN ACT concerning the Illinois Emergency Management Agency. SENATE BILL NO. 887 A bill for AN ACT concerning title insurance. SENATE BILL NO. 1126 A bill for AN ACT concerning insurance. SENATE BILL NO. 1166 A bill for AN ACT concerning real estate. SENATE BILL NO. 1174 A bill for AN ACT concerning government employee benefits. SENATE BILL NO. 1289 A bill for AN ACT concerning emergency services. SENATE BILL NO. 1348
11 [April 3, 2001] A bill for AN ACT in relation to State finance. Passed by the Senate, April 3, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 826, 834, 845, 856, 860, 887, 1126, 1166, 1174, 1289 and 1348 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 932 A bill for AN ACT concerning schools. SENATE BILL NO. 938 A bill for AN ACT in relation to domestic violence. SENATE BILL NO. 940 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 965 A bill for AN ACT concerning wages. SENATE BILL NO. 975 A bill for AN ACT in relation to elections. SENATE BILL NO. 1017 A bill for AN ACT concerning emergency services. SENATE BILL NO. 1035 A bill for AN ACT in relation to education. SENATE BILL NO. 1039 A bill for AN ACT concerning State finances. Passed by the Senate, April 3, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 932, 938, 940, 965, 975, 1017, 1035 and 1039 were ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative Smith, Chairperson, from the Committee on Agriculture to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 953. The committee roll call vote on Amendment No. 1 to HOUSE BILL 953 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Smith, Michael, Chair A Mautino Y Forby Y Mitchell, Bill Y Fowler A Myers, Richard Y Hartke Y O'Brien A Jones, John Y Poe Y Lawfer, Spkpn Y Reitz, V-Chair
[April 3, 2001] 12 A Turner, John Representative Curry, Chairperson, from the Committee on Appropriations - Elementary & Secondary Education to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3521. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3521 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Curry, Julie, Chair Y Mendoza Y Acevedo Y Meyer Y Bellock Y Mitchell, Bill Y Coulson Y Mitchell, Jerry, Spkpn Y Delgado Y Murphy (Hannig) Y Giles, V-Chair Y Slone Y Johnson Y Smith, Michael (Madigan) A Lawfer A Sommer Y Younge Representative Fowler, Chairperson, from the Committee on Counties & Townships to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 3007. The committee roll call vote on Amendment No. 2 to HOUSE BILL 3007 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Fowler, Chair Y Franks Y Collins Y Hartke A Delgado, V-Chair A Jones, John A Durkin Y Lawfer Y Forby Y McAuliffe Y Moffitt, Spkpn Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 5 to HOUSE BILL 646. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1004. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1457. The committee roll call vote on Amendment No. 5 to HOUSE BILL 646, Amendment No. 1 to HOUSE BILL 1004 and Amendment No. 1 to HOUSE BILL 1457 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler (Fritchey) Y Murphy (Madigan) Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Mendoza)
13 [April 3, 2001] Y Winkel Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 172. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 280. That the Floor Amendment be reported "recommends be adopted": Amendment No. 4 to HOUSE BILL 3188. The committee roll call vote on Amendment No. 1 to HOUSE BILL 172 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley N Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on Amendment No. 1 to HOUSE BILL 280 and Amendment No. 4 to HOUSE BILL 3188 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair A Capparelli Y Acevedo Y Hassert Y Beaubien A Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford Representative Bugielski, Chairperson, from the Committee on Financial Institutions to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 3008. The committee roll call vote on Amendment No. 2 to HOUSE BILL 3008 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph Y Biggins Y Meyer, Spkpn Y Burke, V-Chair Y Morrow Y Capparelli Y Novak Y Davis, Monique Y O'Connor A Durkin Y Persico A Giles Y Righter Y Hassert A Saviano Y Hultgren Y Schoenberg Y Jones, Shirley Y Zickus Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 524. Amendment No. 1 to HOUSE BILL 1075. That the Floor Amendment be reported "recommends be adopted":
[April 3, 2001] 14 Amendment No. 1 to HOUSE BILL 593. Amendment No. 1 to HOUSE BILL 2531. That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 3024. The committee roll call vote on Amendment No. 2 to HOUSE BILL 524 is as follows: 9, Yeas; 4, Nays; 0, Answering Present. Y Dart, Chair N Meyer Y Brosnahan Y Osmond Y Hamos N Righter Y Hoffman Y Scott, V-Chair (Mautino) N Klingler Y Scully Y Lang N Turner, John, Spkpn Y Wait The committee roll call vote on Amendment No. 2 to HOUSE BILL 1075 and Amendment No. 1 to HOUSE BILL 2531 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer A Brosnahan Y Osmond Y Hamos Y Righter Y Hoffman Y Scott, V-Chair (Mautino) Y Klingler Y Scully A Lang Y Turner, John, Spkpn A Wait The committee roll call vote on Amendment No. 1 to HOUSE BILL 593 and Amendment No. 3 to HOUSE BILL 3024 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos Y Righter Y Hoffman Y Scott, V-Chair (Mautino) Y Klingler Y Scully Y Lang Y Turner, John, Spkpn Y Wait Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 482. The committee roll call vote on Amendment No. 2 to HOUSE BILL 482 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson N Bradley Y Jones, Lou Y Brady Y Lindner A Brosnahan, V-Chair (Scully) Y Smith, Michael A Brunsvold A Turner, John A Delgado A Wait Y Winkel, Spkpn Representative Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 2 and 3 to HOUSE BILL 3364. The committee roll call vote on Amendments numbered 2 and 3 to
15 [April 3, 2001] HOUSE BILL 3364 is as follows: 6, Yeas; 2, Nays; 1, Answering Present. Y Lyons, Joseph, Chair A Kenner, V-Chair Y Beaubien N Lyons, Eileen N Biggins Y McGuire Y Currie Y Moore, Spkpn A Granberg P Pankau Y Turner, Art Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILLS 475. Amendment No. 1 to HOUSE BILL 2098. The committee roll call vote on Amendment No. 1 to HOUSE BILL 475 is as follows: 14, Yeas; 1, Nays; 0, Answering Present. Y Hoffman, Chair N Kosel A Bassi Y Lyons, Joseph A Black Y Mathias Y Brosnahan Y McAuliffe Y Collins Y O'Brien, V-Chair Y Fowler Y O'Connor A Garrett Y Osterman A Hamos A Reitz Y Hartke Y Schmitz Y Jones, John Y Wait, Spkpn A Zickus The committee roll call vote on Amendment No. 1 to HOUSE BILL 2098 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair A Kosel A Bassi Y Lyons, Joseph A Black Y Mathias Y Brosnahan Y McAuliffe A Collins A O'Brien, V-Chair Y Fowler Y O'Connor A Garrett Y Osterman A Hamos Y Reitz Y Hartke A Schmitz Y Jones, John A Wait, Spkpn Y Zickus Representative Fritchey, Chairperson, from the Committee on Tobacco Settlement Proceeds to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 1886. The committee roll call vote on Amendment No. 3 to HOUSE BILL 1886 is as follows: 11, Yeas; 1, Nays; 2, Answering Present. A Feigenholtz, Chair Y Klingler P Fritchey, Co-Chair A Krause Y Bellock Y Lyons, Eileen Y Boland Y Mitchell, Bill, Spkpn A Bost Y Myers, Richard
[April 3, 2001] 16 Y Coulson Y Novak A Davis, Monique Y O'Connor N Flowers Y Osterman Y Garrett A Schoenberg P Giles A Turner, John Representative Collins, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 2807. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3525. The committee roll call vote on Amendment No. 1 to HOUSE BILL 2807 and Amendment No. 1 to HOUSE BILL 3525 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. A Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y FORBY Y Pankau Y Fowler A Righter Y Wirsing Representative Brosnahan, Chairperson, from the Committee on The Disabled Community to which the following were referred, action taken on April 2, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3216. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3216 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Brosnahan, Chair Y McCarthy Y Feigenholtz, V-Chair Y O'Brien A Flowers Y Ryan A Hoeft Y Schmitz (Lindner) Y Krause, Spkpn A Sommer Y Kurtz Y Winkel Y Yarbrough CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative McGuire asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 827. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Jerry Mitchell asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1435. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Giles asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2662. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Morrow asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2283. Representative Younge asked and obtained unanimous consent to be removed as chief sponsor and Representative Arthur Turner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2502. Representative Madigan asked and obtained unanimous consent to be
17 [April 3, 2001] removed as chief sponsor and Representative Giles asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2835. Representative O'Brien asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1819. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 11:15 o'clock p.m. 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 Art Turner, HOUSE BILL 3050 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 1, 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 Shirley Jones, HOUSE BILL 3148 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Shirley Jones, HOUSE BILL 3149 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 74, Yeas; 36, 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 Boland, HOUSE BILL 1982 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: 67, Yeas; 42, 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. On motion of Representative Hamos, HOUSE BILL 980 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 70, Yeas; 36, Nays; 4, Answering Present.
[April 3, 2001] 18 (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 Acevedo, HOUSE BILL 934 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: 103, Yeas; 4, Nays; 3, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bradley, HOUSE BILL 572 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Mautino, HOUSE BILL 3162 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: 96, Yeas; 13, 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 John Jones, HOUSE BILL 163 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, 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 Cowlishaw, HOUSE BILL 2425 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. On motion of Representative Cowlishaw, HOUSE BILL 58 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence.
19 [April 3, 2001] 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 236, 1921, 2548 and 3329. Having been read by title a second time on March 26, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 241. 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 Flowers, HOUSE BILL 241 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Flowers, further consideration of HOUSE BILL 241 was postponed. HOUSE BILLS ON SECOND READING HOUSE BILL 1004. Having been recalled on March 29, 2001, and held on the order of Second Reading, the same was again taken up. Representative Flowers offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1004 AMENDMENT NO. 1. Amend House Bill 1004 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 10-20.28 and 34-18.14 and adding Sections 10-20.35 and 34-18.22 as follows: (105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28) Sec. 10-20.28. Cellular radio telecommunication prohibition. A school board may
[April 3, 2001] 20 talk to an individual and it is not necessarily convenient or practical for that person to leave a message or to follow an automated menu; (3) when a person calls a school because of a family problem or emergency and receives an automated operator or an automated menu instead of a live operator, that person often is not able to adequately receive assistance; and (4) the number of people calling schools and not getting the assistance that they require because the school does not have a live operator answering incoming phone calls grows by the day. (b) A public school that uses automated telephone answering equipment to answer incoming telephone calls must, beginning on July 1, 2003, during the normal business hours of the school, provide the caller with the option, among the first set of menu choices, of speaking to a live operator. This Section does not apply to a telephone line that is dedicated as a hot line for emergency services or to provide general information. (105 ILCS 5/34-18.22 new) Sec. 34-18.22. Use of automated telephone answering equipment. (a) The General Assembly finds that: (1) parents of public school students need to contact the school from time to time because of family problems or emergencies; (2) when a person calls a school, that person often needs to talk to an individual and it is not necessarily convenient or practical for that person to leave a message or to follow an automated menu; (3) when a person calls a school because of a family problem or emergency and receives an automated operator or an automated menu instead of a live operator, that person often is not able to adequately receive assistance; and (4) the number of people calling schools and not getting the assistance that they require because the school does not have a live operator answering incoming phone calls grows by the day. (b) A public school that uses automated telephone answering equipment to answer incoming telephone calls must, beginning on July 1, 2003, during the normal business hours of the school, provide the caller with the option, among the first set of menu choices, of speaking to a live operator. This Section does not apply to a telephone line that is dedicated as a hot line for emergency services or to provide general information. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading--Consideration Postponed. 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 Bassi, HOUSE BILL 2563 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: 108, Yeas; 0, Nays; 2, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
21 [April 3, 2001] Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Miller, HOUSE BILL 1889 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; 10, 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 Wojcik, HOUSE BILL 1905 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Moore, HOUSE BILL 2054 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: 82, Yeas; 30, 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 Cross, HOUSE BILL 776 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. RECALLS By unanimous consent, on motion of Representative Eileen Lyons, HOUSE BILL 2298 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 Leitch, HOUSE BILL 760 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Saviano, HOUSE BILL 1954 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Saviano, HOUSE BILL 914 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Monique Davis, HOUSE BILL 1722 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING
[April 3, 2001] 22 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 Daniels, HOUSE BILL 3392 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Osterman, HOUSE BILL 2139 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 Coulson, HOUSE BILL 2438 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 524. Having been recalled on March 14, 2001, and held on the order of Second Reading, the same was again taken up. Representative Mautino offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 524 AMENDMENT NO. 2. Amend House Bill 524, by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Agriculture Producer Protection Act. Section 5. Definitions. As used in this Act, unless the context otherwise requires: "Capital investment" means a purchase of any of the following: (1) A structure associated with producing a commodity, including, but not limited to, a swine farrowing building, a grain storage facility, or a manure storage lagoon. (2) Machinery or equipment associated with producing a commodity, if the machinery or equipment has a useful life in excess of one year. "Commodity" means livestock, raw milk, or a crop. "Contractor" means a person who enters into a production contract with a producer for the production by the producer of commodities in this State. "Crop" means a plant used for food, animal feed, fiber, oil, pharmaceuticals, nutriceuticals, or seed, including, but not limited to, alfalfa, barley, buckwheat, corn, flax, forage, millet, oats, popcorn, rye, sorghum, sunflowers, tobacco, wheat, and grasses used for forage or silage. "Department" means the Department of Agriculture. "Director" means the Director of Agriculture. "Investment requirement" means any capital investment made by a producer to produce a commodity in accordance with a production contract that the producer has executed if (i) the production contract specifically requires that capital investment or (ii) the producer reasonably concludes that investment is either necessary or important in enabling the producer to efficiently and effectively produce the
23 [April 3, 2001] commodity required under the production contract. "Livestock" means beef cattle, dairy cattle, poultry, sheep, or swine. "Produce" means to do any of the following: (1) Provide feed or services relating to the care and feeding of livestock. If the livestock is dairy cattle, then "produce" includes milking the dairy cattle and storing raw milk. (2) Provide for planting, raising, harvesting, or storing a crop. "Produce" includes preparing the soil for planting and nurturing the crop by application of fertilizers or soil conditioners, including those substances regulated under the Illinois Fertilizer Act of 1961 or pesticides as defined in the Illinois Pesticide Act. "Producer" means a person who has entered into a production contract whereby that person produces a commodity for a contractor. "Producer" does not mean a commercial fertilizer applicator or pesticide applicator, a feed supplier, or a veterinarian when acting in that capacity. "Production contract" means (1) an agreement between a producer and a contractor in which (i) the producer agrees to produce and sell to the contractor or the contractor's designee an identified commodity or commodities and (ii) the contractor has or exercises some control or direction over the production process; or (2) an agreement between a producer and a contractor in which the producer agrees to care for and raise a commodity or commodities that are not owned by the producer, using land, equipment, or facilities owned or leased by the producer, in exchange for payment. For purposes of this definition, "control or direction over the production process" includes, but is not limited to, the contractor's designation of special commodity characteristics, such as oil content for corn or special genetics for livestock; the contractor's designation of a seed variety or varieties to be used by the producer under the contract; or the contractor's right, or that of his or her designee, to review, check, sample, or analyze the commodity during the production process. Section 10. Written production contracts. All production contracts must be in writing. Section 15. Summary of material terms and conditions. (a) Summary sheet. A production contract entered into, amended, or renewed after the effective date of this Act must contain as the first page, or as the first page of text if it is preceded by a title page or pages, a summary sheet as provided in this Section. The summary sheet shall have the following heading: "SUMMARY OF MATERIAL TERMS AND CONDITIONS". It shall list the material terms and conditions of the production contract; provide a summary explanation of each material term and condition; include an example or examples for those provisions relating to the calculation of the amounts to be received by the producer for the commodity produced under the production contract; and designate the page or pages where these material terms and conditions are found within the text of the document. This summary shall meet the readability requirements of this Section and shall accurately reflect the text of the production contract. In this Section, "material terms and conditions" includes, but is not limited to: (1) the type of commodity to be produced; (2) the particular quality characteristics or specifications for the commodity to be produced, including, but not limited to, the type of genetics for livestock or percentage of non-GMO content for grain; (3) the quantity or acreage of the commodity to be produced; (4) any special production or handling requirements for the commodity, including, but not limited to, disease protocols for livestock and segregation or identity preservation for grain; (5) the time or times for delivery of the commodity; (6) the delivery locations for the commodity; (7) provisions for the calculation of the price or other compensation to be received by the producer under the production
[April 3, 2001] 24 contract; (8) the circumstances under which the amount to be received by the producer might be discounted or increased; (9) the circumstances under which the commodity produced under the production contract might be rejected by the contractor; (10) the duration of the production contact, including any renewal provisions; and (11) any cancellation or termination clauses, and specific causes for cancellation and termination. (b) Readability. A production contract must (i) be in a typeface at least as large as 10-point modern, one-point leaded; (ii) be divided and captioned by its various sections; (iii) be written in clear and coherent language; (iv) use words and grammar that are understandable by a person of average intelligence, education, and experience within the industry; and (v) use clear definitions. (c) Review by Director of Agriculture. (1) Process of review. A contractor may submit a production contract to the Director for review to determine whether it complies with this Section. The Director shall do one of the following: (A) certify that the production contract complies with this Section; (B) decline to certify that the production contract complies with this Section and note objections; (C) decline to review the production contract because the contract's compliance with this Section is subject to pending litigation; or (D) decline to review the production contract because it is not subject to this Section. (2) Factors to consider in determining readability. In determining whether a production contract is readable within the meaning of subsection (b), the Director shall consider the provisions of subsection (b) and the following: (A) the simplicity of the sentence structure; (B) the extent to which commonly used and understood words and terms are employed; (C) the extent to which esoteric legal terms are avoided, although the Director shall permit the use of particular words, phrases, provisions, or forms of agreement specifically required, recommended, or endorsed by a state or federal statute, rule, regulation, or case law; (D) the extent to which references to other sections or provisions are minimized; (E) the extent to which clear and easily understood definitions are used; and (F) any additional factors deemed by the Director to be relevant to the readability or understandability of the production contract. (3) Actions of the Director under this Section are subject to judicial review under the provisions of the Administrative Review Law. (4) Limited effect of certification. A production contract certified under this subsection is deemed to comply with subsections (a) and (b). Certification of a production contract under this subsection does not constitute approval of the production contract's legality or legal effect. If the Director certifies a production contract, then the contractor will have complied with subsections (a) and (b), and the remedies stated in paragraph (6) are not available. If, during the first 90 days after the effective date of this Act, the Director receives a production contract and fails to respond within 60 days after receipt, then the contractor will have complied with subsections (a) and (b), and the remedies stated in subsection (6) are not available. If, after the first 90 days after the effective date of this Act, the Director receives a production contract and fails to respond within 30 days after receipt, then the contractor will have complied with
25 [April 3, 2001] subsections (a) and (b), and the remedies stated in paragraph (6) are not available. (5) Review not required. Failure to submit a production contract to the Director for review under this subsection does not show a lack of good faith or raise a presumption that the production contract violates this Section. (6) Reformation by court. (A) Change terms. In addition to the remedies provided in Section 45, a court reviewing a production contract may change the terms of the production contract or limit a provision to avoid an unfair result if the court finds all of the following: (i) a material provision of the production contract violates subsection (a) or (b); (ii) the violation caused the producer to be substantially confused about any of the rights, obligations, or remedies of the production contract; and (iii) the violation has caused or is likely to cause financial detriment to the producer. (B) Avoid unjust enrichment. If the court reforms or limits a provision of a production contract, the court shall also make orders necessary to avoid unjust enrichment. Bringing a claim for relief under this paragraph does not entitle a producer to withhold performance of an otherwise valid contractual obligation. No relief may be granted under this paragraph unless the claim is brought before the obligations of the production contract have been fully performed by all parties to the production contract. (7) Limits on producer actions. A producer may recover actual damages caused by a violation of this Section only if the violation caused the producer to not fully understand the rights, obligations, or remedies of the production contract. (8) Statute of limitations. A claim that a production contract violates this Section must be raised within 4 years after the date on which the party alleging the violation knew or should have known of the existence of the violation. Section 20. Limitation on application of confidentiality provisions. After the effective date of this Act, no confidentiality provision of a production contract shall prohibit, or be construed or interpreted to prohibit, a producer from discussing any and all terms and details of a production contract with the producer's legal advisor, lender, accountant, financial advisor, business advisor, immediate family members, or actual or anticipated production association colleagues. This Section does not require a party to a production contract to divulge information in the production contract to another person. Section 25. Investment requirements. (a) Applicability. This Section applies to all production contracts that have investment requirements. The value of the capital investments shall be deemed to be the total dollar amount spent or committed to by the producer in satisfying the investment requirements. (b) Breach. Except as provided in subsection (c), if a producer materially breaches a production contract, a contractor may not terminate or cancel the production contract until the following have occurred: (1) The contractor has provided a written notice of termination or cancellation to the producer that has been received by the producer at least 15 days before the effective date of the termination or cancellation; the notice must provide a comprehensive listing of the causes for the material breach. (2) The producer has failed to remedy each cause of the breach, as alleged in the listing provided in the notice, within 15 days following receipt of the notice. An effort by a producer to remedy a cause of an alleged breach shall not be construed as an admission of a breach in a civil cause of action. (c) Exceptions. A contractor may terminate or cancel a production
[April 3, 2001] 26 contract without regard to the provisions of subsection (b) if the basis for the termination or cancellation is either of the following: (1) A voluntary abandonment of the contractual relationship by the producer. A complete failure of a producer's performance under a production contract shall be deemed to be abandonment. (2) The conviction of a producer of an offense of fraud or theft committed against the contractor. (d) Penalty. If a contractor terminates or cancels a production contract other than as provided in this Section, the contractor shall pay the producer the value of the remaining useful life of the capital investments, taking into account the producer's ability to use the capital investments in the producer's other business enterprises and the opportunity to recoup the cost of the capital investments by selling or leasing them, plus any other damages allowed by law. Section 30. Unfair practices. (a) Definitions. As used in this Section: (1) "Contract input" means a commodity or an organic or synthetic substance or compound that is used to produce a commodity, including but not limited to any of the following: (A) Livestock or plants. (B) Agricultural seeds. (C) Semen or eggs for breeding livestock. (D) Fertilizer, pesticides, or petroleum products. (2) "Producer right" means one of the following legal rights and protections: (A) Right to join association. The right of a producer to join or belong to, or to refrain from joining or belonging to, an association of producers. (B) Right to contract. The right of a producer to enter into a membership agreement or marketing contract with an association of producers, a processor, or another producer and the right of the producer to exercise contractual rights under such a membership agreement or marketing contract. (C) Right to be a whistleblower. The right of a producer to lawfully provide statements or information, including to the United States Secretary of Agriculture or to a law enforcement agency, regarding alleged improper actions or violations of law by a contractor or processor. This right does not include the right to make statements or provide information if the statements or information are determined to be libelous or slanderous. (D) Right to disclose contractual terms. The right of a producer to disclose the terms of agricultural contracts under Section 20. (E) Right to exercise other protections. The right of a producer to enforce other protections afforded by this Act or other laws or regulations. (b) Unfair practices. It shall be unlawful for any contractor to knowingly do or permit any employee or agent to do any of the following in connection with production contracts: (1) Retaliation. To take actions to coerce, intimidate, disadvantage, retaliate against, or discriminate against any producer because the producer exercises, or attempts to exercise, any producer right, or to diminish or deny a reward, or impose a penalty, without a reasonable basis for doing so. (2) False information. To provide false information to the producer, which may include false information relating to any of the following: (A) A producer with whom the producer associates or an association of producers or an agricultural organization with which the producer is affiliated, including but not limited to (i) the character of the producer or (ii) the condition of the finances or the management of the association of producers or agricultural organization. (B) Producer rights provided by this Act or other provisions of law.
27 [April 3, 2001] (3) Compensation information. To refuse to provide to a producer in a timely manner the statistical data and other data used to determine compensation paid to the producer under a production contract, including, but not limited to, feed conversion rates, feed analyses, and origination and breeder history. (4) Observation of weighing. To refuse to allow a producer or the producer's designated representative to observe, at the time of weighing, the weights and measures used to determine the producer's compensation under a production contract. (5) Additional capital investments. To require a producer to make new or additional capital investments that are beyond the investment requirements of a production contract. (6) Disclosure of risks and readability. To provide, offer, or execute a production contract in violation of the disclosure of material terms and conditions and readability requirements of Section 15. (7) Confidentiality provisions. To provide, offer, or execute a production contract that includes a confidentiality provision in violation of Section 20. (8) Waivers. To provide, offer, or execute a production contract that includes a waiver of any producer right or any obligation of a contractor or processor established under this Act. (9) Forum. To execute an production contract requiring a cause of action to be brought in a location other than the state in which the commodity subject to the production contract is grown or produced. (10) Limitation on damages. To provide, offer, or execute a production contract that contains language limiting the producer's damages in the event of a breach or other failure to perform the production contract by the contractor. (11) Contract inputs. To provide, offer, or execute a production contract in which the contractor requires the use of certain contract inputs but also attempts to limit its liability for a failure of the contract inputs to perform in accordance with the producer's reasonable expectations. (12) Use of certain undefined terms. To provide, offer, or execute a production contract requiring or suggesting that the producer "segregate", "identity preserve", or "channel" the commodity, or using variations or derivatives of these terms, without providing definitions of these terms and guidelines describing how producers should satisfy these requirements. (13) Alter the quality, quantity, or delivery times of contract inputs provided to the producer. Section 35. Waivers unenforceable. Any provision of a production contract that waives a producer right or an obligation of a contractor established by this Act is void and unenforceable. This Section does not affect other provisions of a production contract or a related document, policy, or agreement that can be given effect without the voided provision. Section 40. Choice of law; forum. Any condition, stipulation, or provision requiring the application of the law of a state other than the State of Illinois, or requiring a cause of action to be brought in a state other than the State of Illinois, is void and unenforceable. Section 45. Penalties and enforcement. (a) Civil penalties. A contractor committing an unfair practice under Section 30 is subject to a civil penalty of up to $1000 per violation per day. (b) Criminal penalties. A contractor committing an unfair practice under Section 30 is guilty of a Class C misdemeanor. (c) Private cause of action. A producer who suffers damages because of a contractor's violation of this Act may bring a private civil action against the contractor and obtain appropriate legal and equitable relief, including damages. (1) Attorneys fees. In a civil action against the contractor, the court shall award any producer who is the prevailing party reasonable attorney fees and other litigation expenses.
[April 3, 2001] 28 (2) Injunctive relief. In order to obtain injunctive relief, the producer is not required to post a bond, prove the absence of an adequate remedy at law, or show the existence of special circumstances, unless the court for good cause otherwise orders. The court may order any form of prohibitory or mandatory relief that is appropriate under principles of equity, including but not limited to issuing a temporary or permanent restraining order. (d) Enforcement by Attorney General. The Attorney General's office is the agency primarily responsible for enforcing this Act. In enforcing the provisions of this Act, the Attorney General may do all of the following: (1) Injunctions. Apply to the circuit court for an injunction to do any of the following: (A) Restrain a contractor from engaging in conduct or practices in violation of this Act. (B) Require a contractor to comply with a provision of this Act. (2) Subpoenas. Apply to the circuit court for the issuance of a subpoena to obtain a production contract or material related to actions undertaken in entering into the production contract or related to the intent with which those actions were taken, for purposes of enforcing this Act. (3) Penalties. Bring an action in the circuit court to enforce penalties provided in subsections (a) and (b). Section 50. Rulemaking. The Director must adopt rules necessary to implement this Act not later than January 1, 2002. Section 55. Applicability (a) General Rule. Except as provided in subsection (b), this Act applies to production contracts in force on or after the effective date of this Act, regardless of the date the production contract is executed. (b) Exceptions. Section 15, relating to disclosure of material terms and conditions, Section 25, relating to production contracts involving investment requirements, and Section 40, relating to choice of law and forum, shall apply to production contracts executed or substantively amended after the effective date of this Act. Section 90. The Freedom of Information Act is amended by changing Section 7 as follows: (5 ILCS 140/7) (from Ch. 116, par. 207) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law. (b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to: (i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure
29 [April 3, 2001] is otherwise required by State statute; and (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection. (c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public body; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly
[April 3, 2001] 30 cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. (g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including all information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made. (i) Valuable formulae, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans and engineers' technical submissions for projects not constructed or developed in whole or in part with public funds and for projects constructed or developed with public funds, to the extent that disclosure would compromise security. (l) Library circulation and order records identifying library users with specific materials. (m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers. (p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been
31 [April 3, 2001] completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under Article VII of the Code of Civil Procedure, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. (u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases. (v) Course materials or research materials used by faculty members. (w) Information related solely to the internal personnel rules and practices of a public body. (x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law. (y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the State of Missouri under the Bi-State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under Section 80 of the State Gift Ban Act. (ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the
[April 3, 2001] 32 Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code. (kk)
33 [April 3, 2001] on page 8 by deleting lines 1, 2, and 3; and on page 8, line 4, by changing "(b)" to "(a)"; and on page 8, line 6, by changing "year" to "year or upon a determination that the Director has a reasonable belief that the licensee may have violated this Act"; and on page 8, line 14, by changing "(c)" to "(b)"; and on page 9 by replacing lines 19 and 20 with the following: "days preceding the date the loan is made shall forfeit its license under this Act."; and on page 13 by deleting lines 6 through 11; and on page 13, line 12, by changing "(h)" to "(g)"; and on page 13, line 32, by deleting "or criminal"; and on page 15, line 1, by changing "is a Class B" to "will subject the licensee to fines established by rule by the Department not to exceed $10,000 per violation"; and on page 15, line 2, by deleting "misdemeanor"; and on page 16 by replacing lines 3 and 4 with the following: "short-term loans without the requisite license is subject to fines established by rule by the Department not to exceed $25,000 per violation. In addition to all other civil and administrative enforcement and penalties, a claim of violation of this Section may be asserted pursuant to Section 125 of this Act.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3364. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3364 AMENDMENT NO. 1. Amend House Bill 3364 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Corporate Accountability for Tax Expenditures Act.". Representative Franks offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 3364 AMENDMENT NO. 2. Amend House Bill 3364, AS AMENDED, by replacing the title with the following: "AN ACT in relation to economic assistance."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the State Economic Assistance Accountability Act. Section 5. Definitions. In this Act: "Business organization" means a corporation, partnership, limited liability company, joint venture, association, or other enterprise that does business in this State. "Department" means the Illinois Department of Commerce and Community Affairs. "Director" means the Director of Commerce and Community Affairs. "Project" means any specific economic development activity of a commercial, industrial, manufacturing, agricultural, scientific, service, or other business, the result of which causes the creation or retention of jobs and may include the purchase or lease of machinery
[April 3, 2001] 34 and equipment or the lease or purchase of real property or funds for infrastructure necessitated by site preparation, building construction, or related purposes. "State economic assistance" means (1) tax credits and tax exemptions given as an incentive to a business organization pursuant to a certification or designation made by the Department under the Economic Development for a Growing Economy Tax Credit Act and the Illinois Enterprise Zone Act, including the High Impact Business program; and (2) grants or loans given as an incentive to a business organization pursuant to the Large Business Development Act. The term does not include assistance (1) given for the purpose of job training, (2) given for the purpose of road construction or improvements if the road is open to the use of the general public, (3) provided to units of local government, or (4) for which the funding source is federal. Section 10. Written agreements containing performance covenants and sanctions. (a) State economic assistance provided by the Department as an incentive to a business organization must be based on the terms of a written incentive agreement between the Department and the business organization. (b) The incentive agreement must identify the specific State economic assistance to be provided to the business organization during the term of the agreement. (c) The incentive agreement must also provide for the following: (1) That the business organization is bound to make a specified level of capital investment in a project and cause the creation or retention of a specified level of jobs within a specified time period. (2) That if the business organization either fails to make the requisite level of capital investment in the project or fails to create or retain the specified number of jobs within the specified time frame, the business organization shall be deemed to no longer qualify for the State economic assistance. (3) That if the business organization receives State economic assistance in the form of a High Impact Business designation pursuant to Section 5.5 of the Illinois Enterprise Zone Act and the business receives the benefit of the exemption authorized under Section 5l of the Retailers' Occupation Tax Act (for the sale of building materials incorporated into a High Impact Business location) and the business organization fails to create or retain the requisite number of jobs, as determined by the Department, within the period of time specified by the Department, the business organization shall be required to pay to the State the full amount of the State tax exemption that it received as a result of the High Impact Business designation. (4) That if the business organization receives a grant pursuant to the Large Business Development Act and the business organization fails to create or retain the requisite number of jobs, as determined by the Department, within the period of time specified by the Department, the business organization shall be required to repay to the Department a pro rata amount of the grant, which amount shall reflect the percentage of the deficiency between the promised number of jobs to be created or retained by the business organization and the actual number of such jobs in existence as of the date the Department determines the business organization is in breach of the job creation or retention covenants contained in the incentive agreement. (d) The Director may elect to waive enforcement of any contractual right arising out of the incentive agreement required by this Act based on a finding that the waiver will promote the viability of the project, will contribute to an increase in employment associated with the project, or will contribute to the retention of jobs in Illinois associated with the project. Section 15. Applicability. This Act applies to all State economic assistance given by the Department on or after the effective date of this Act.
35 [April 3, 2001] Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3 TO HOUSE BILL 3364 AMENDMENT NO. 3. Amend House Bill 3364, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 3, line 2, after the comma, by inserting the following: "as provided under the Act authorizing the State economic assistance,". There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 1081. Having been read by title a second time on April 2, 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. 5 TO HOUSE BILL 1081 AMENDMENT NO. 5. Amend House Bill 1081, AS AMENDED, with reference to page and line numbers of House Amendment No. 3, on page 1, line 11, by replacing "fire." with "unreasonable fire risk."; and on page 1, line 13, by replacing "may not" with "shall not". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 5 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3193. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was held on the order of Second Reading. HOUSE BILL 1956. Having been printed, was taken up and read by title a second time. Representative Moffitt offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1956 AMENDMENT NO. 1. Amend House Bill 1956 by replacing everything after the enacting clause with the following: "Section 5. The Local Government Acceptance of Credit Cards Act is amended by changing Section 25 as follows: (50 ILCS 345/25) Sec. 25. Payment of fees by cardholders. (a) The governing body of a local governmental entity authorizing acceptance of payment by credit card may, but is not required to, impose a convenience fee or surcharge upon a cardholder making payment by credit card in an amount to wholly or partially offset, but in no event exceed, the amount of any discount or processing fee incurred by the local governmental entity. This convenience fee or surcharge may be applied only when allowed under the operating rules and regulations of the credit card involved. When a cardholder elects to make a payment by credit card to a local governmental entity and a convenience
[April 3, 2001] 36 fee or surcharge is imposed, the payment of the convenience fee or surcharge shall be deemed voluntary by the person and shall not be refundable. (b) No fee, or accumulation of fees, that exceeds the lesser of $20 or 5% of the principal amount charged may be imposed in connection with the issuance of any license, sticker, or permit, or with respect to any other similar transaction. No fee, or accumulation of fees, that exceeds the lesser of $5 or 5% of the transaction involved may be imposed in connection with the payment of any fine. No fee, or accumulation of fees, in excess of the lesser of $40 or 3% of the principal amount charged may be imposed in connection with the payment of any real estate or other tax. (c) Notwithstanding the provisions of subsection (b), a minimum fee of $1 may be imposed with respect to any transaction. Notwithstanding the provisions of subsection (b), a fee in excess of the limits in subsection (b) may be imposed by a local governmental entity on a transaction if (i) the fee imposed by the local governmental entity is no greater than a fee charged by the financial institution or service provider accepting and processing credit card payments on behalf of the local governmental entity; (ii) the financial institution or service provider accepting and processing the credit card payments was selected by competitive bid and, when applicable, in accordance with the provisions of the Illinois Procurement Code; and (iii) the local governmental entity fully discloses the amount of the fee to the cardholder. (Source: P.A. 90-518, eff. 8-22-97.) 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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3008. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Financial Institutions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3008 AMENDMENT NO. 1. Amend House Bill 3008 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Credit Union Act is amended by changing Sections 10, 12, 51, 59, and 70 as follows: (205 ILCS 305/10) (from Ch. 17, par. 4411) Sec. 10. Credit union records; member financial records. (1) A credit union shall establish and maintain books, records, accounting systems and procedures which accurately reflect its operations and which enable the Department to readily ascertain the true financial condition of the credit union and whether it is complying with this Act. (2) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union. (3) (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over an account, (2) a statement, ledger card or other record on any account which shows each transaction in or with respect to that account, (3) a check, draft or money order drawn on a financial institution or other entity or issued and payable by or through a financial institution or other entity, or (4) any other item containing information
37 [April 3, 2001] pertaining to any relationship established in the ordinary course of business between a credit union and its member, including financial statements or other financial information provided by the member. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a credit union having custody of such records, or the examination of such records by a certified public accountant engaged by the credit union to perform an independent audit; (2) The examination of any financial records by or the furnishing of financial records by a credit union to any officer, employee or agent of the Department, the National Credit Union Administration, Federal Reserve board or any insurer of share accounts for use solely in the exercise of his duties as an officer, employee or agent; (3) The publication of data furnished from financial records relating to members where the data cannot be identified to any particular customer of account; (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1954; (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code; (6) The exchange in the regular course of business of (i) credit information between a credit union and other credit unions or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a credit union and other credit unions or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a merger or a purchase or sale of assets or liabilities of the credit union; (7) The furnishing of information to the appropriate law enforcement authorities where the credit union reasonably believes it has been the victim of a crime; (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act; (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act; (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", Title 31, United States Code, Section 1051 et sequentia; or (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any credit union governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the credit union a reasonable fee not to exceed its actual cost incurred. A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A credit union shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or
[April 3, 2001] 38 administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member; (B) maintaining or servicing a member's account with the credit union; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member without the consent of the member. (c) Except as otherwise provided by this Act, a credit union may not disclose to any person, except to the member or his duly authorized agent, any financial records relating to that member of the credit union unless: (1) the member has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of subparagraph (d) of this Section; or (3) the credit union is attempting to collect an obligation owed to the credit union and the credit union complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A credit union shall disclose financial records under subparagraph (c)(2) of this Section pursuant to a lawful subpoena, summons, warrant or court order only after the credit union mails a copy of the subpoena, summons, warrant or court order to the person establishing the relationship with the credit union, if living, and otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid unless the credit union is specifically prohibited from notifying the person by order of court or by applicable State or federal law. In the case of a grand jury subpoena, a credit union shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act or notifying the person would constitute a violation of the federal Right to Financial Privacy Act of 1978. (e) (1) Any officer or employee of a credit union who knowingly and wilfully furnishes financial records in violation of this Section is guilty of a business offense and upon conviction thereof
39 [April 3, 2001] shall be fined not more than $1,000. (2) Any person who knowingly and wilfully induces or attempts to induce any officer or employee of a credit union to disclose financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (f) A credit union shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a member required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order. The Director may determine, by rule, the rates and conditions under which payment shall be made. Delivery of requested documents may be delayed until final reimbursement of all costs is received. (Source: P.A. 90-18, eff. 7-1-97; 91-929, eff. 12-15-00.) (205 ILCS 305/12) (from Ch. 17, par. 4413) Sec. 12. Regulatory fees
[April 3, 2001] 40 not be less than $100 or more than $125,000, provided that the regulatory fee cap of $125,000 shall be adjusted to incorporate the same percentage increase as the Director makes in the regulatory fee schedule from time to time under subsection (2). No regulatory fee shall be collected from a credit union until it has been in operation for one year. (4) The aggregate of all fees collected by the Department under this Act shall be paid promptly after they are received
41 [April 3, 2001] loans of its members. (4) With approval of the Board of Directors, a credit union may make loans, either on its own or jointly with other credit unions, corporations or financial institutions, to credit union organizations; provided, that the aggregate amount of all such loans outstanding shall not at any time exceed 1% of the paid-in and unimpaired capital and surplus of the credit union. (Source: P.A. 81-329.) (205 ILCS 305/59) (from Ch. 17, par. 4460) Sec. 59. Investment of Funds. Funds not used in loans to members may be invested, pursuant to subsection (7) of Section 30 of this Act, and subject to Departmental rules and regulations: (1) In securities, obligations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in the same; (2) In obligations of any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the several territories organized by Congress, or any political subdivision thereof; however, a credit union may not invest more than 10% of its unimpaired capital and surplus in the obligations of one issuer, exclusive of general obligations of the issuer, and investments in municipal securities must be limited to securities rated in one of the 4 highest rating categories by a nationally recognized statistical rating organization; (3) In certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association; provided that such institutions have their accounts insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; but provided, further, that a credit union's investment in an account in any one institution may exceed the insured limit on accounts; (4) In shares, classes of shares or share certificates of other credit unions, including, but not limited to corporate credit unions; provided that such credit unions have their members' accounts insured by the NCUA or other approved insurers, and that if the members' accounts are so insured, a credit union's investment may exceed the insured limit on accounts; (5) In shares of a cooperative society organized under the laws of this State or the laws of the United States in the total amount not exceeding 10% of the unimpaired capital and surplus of the credit union; provided that such investment shall first be approved by the Department; (6) In obligations of the State of Israel, or obligations fully guaranteed by the State of Israel as to payment of principal and interest; (7) In shares, stocks or obligations of other financial institutions in the total amount not exceeding 5% of the unimpaired capital and surplus of the credit union; (8) In federal funds and bankers' acceptances; (9) In shares or stocks of Credit Union Service Organizations in the total amount not exceeding 1% of the unimpaired capital and surplus of the credit union. As used in this Section, "political subdivision" includes, but is not limited to, counties, townships, cities, villages, incorporated towns, school districts, educational service regions, special road districts, public water supply districts, fire protection districts, drainage districts, levee districts, sewer districts, housing authorities, park districts, and any agency, corporation, or instrumentality of a state or its political subdivisions, whether now or hereafter created and whether herein specifically mentioned or not. (Source: P.A. 86-432.) (205 ILCS 305/70) (from Ch. 17, par. 4471) Sec. 70. Use of name, sentence. No person, firm, association, partnership, or corporation, except corporations organized under this Act, the credit union acts of other states, or under the Federal Credit
[April 3, 2001] 42 Union Act,
43 [April 3, 2001] (b) The Kids Share Endowment Program is created within the Authority. (c) The governing powers of the Authority are vested in a Board of Directors of the Kids Share Endowment Authority. The chairperson of the Board is the Governor. There are 19 additional voting members: (1) as ex officio members, each of the following or his or her respective designee: the State Superintendent of Education, the Secretary of Human Services, the Director of Public Health, the Attorney General, and the Director of Children and Family Services; (2) 4 members appointed by the Governor who are members of the General Assembly, 2 of whom are Senators and not of the same political party and 2 of whom are Representatives and not of the same political party; and (3) 10 members appointed by the Governor, including one each representing social services, a statewide organization representing education, a civic organization, business, a statewide organization representing the interests of children, parents, research, a statewide organization representing municipalities, a statewide organization representing law enforcement, and a statewide organization representing park districts. The non-legislative appointed members shall be appointed for 3-year terms. Of the non-legislative members initially appointed by the Governor under this Act, 3 shall serve until July 1, 2003, 3 shall serve until July 1, 2004, and 4 shall serve until July 1, 2005. Legislative members shall serve during the term for which they where elected to the General Assembly. Eleven members constitute a quorum. The members shall not receive any compensation but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties."; and on page 2, by deleting lines 1 through 26; and on page 6, by replacing lines 33 through 34 with the following: "(c) For the 6-year period beginning on July 1, 2002, as soon as practical after July 1 of each year, the State Comptroller shall order transferred and the State Treasurer shall transfer from the Tobacco Settlement Recovery Fund into the Kids Share Endowment Program Fund the sum of $50,000,000 from deposits made into the Tobacco Settlement Recovery Fund during the fiscal year immediately preceding July 1 of each of these respective years."; and on page 7, by deleting lines 1 through 10. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3007. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3007 AMENDMENT NO. 2. Amend House Bill 3007 by replacing the title with the following: "AN ACT concerning local government."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Sections 5-1121 and 5-12017 as follows: (55 ILCS 5/5-1121) Sec. 5-1121. Demolition, repair, or enclosure. (a) The county board of each county may demolish, repair, or
[April 3, 2001] 44 enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the county, but outside the territory of any municipality, and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those buildings. If a township within the county makes a formal request to the county board as provided in Section 85-50 of the Township Code that the county board commence specified proceedings under this Section with respect to property located within the township but outside the territory of any municipality, then, at the next regular county board meeting occurring at least 10 days after the formal request is made to the county board, the county board shall either commence the requested proceedings or decline to do so (either formally or by failing to act on the request) and shall notify the township board making the request of the county board's decision. In any county having adopted, by referendum or otherwise, a county health department as provided by Division 5-25 of the Counties Code or its predecessor, the county board of any such county may upon a formal request by the city, village, or incorporated town demolish, repair or cause the demolition or repair of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of any city, village, or incorporated town having a population of less than 50,000. The county board shall apply to the circuit court of the county in which the building is located (i) for an order authorizing action to be taken with respect to a building if the owner or owners of the building, including the lien holders of record, after at least 15 days' written notice by mail to do so, have failed to commence proceedings to put the building in a safe condition or to demolish it or (ii) for an order requiring the owner or owners of record to demolish, repair, or enclose the building or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the building. It is not a defense to the cause of action that the building is boarded up or otherwise enclosed, although the court may order the defendant to have the building boarded up or otherwise enclosed. Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed and the posting of such notice upon the premises sought to be demolished or repaired is sufficient notice under this Section. The hearing upon the application to the circuit court shall be expedited by the court and shall be given precedence over all other suits. The cost of the demolition, repair, enclosure, or removal incurred by the county, by an intervenor, or by a lien holder of record, including court costs, attorney's fees, and other costs related to the enforcement of this Section, is recoverable from the owner or owners of the real estate or the previous owner or both if the property was transferred during the 15 day notice period and is a lien on the real estate; the lien is superior to all prior existing liens and encumbrances, except taxes, if, within 180 days after the repair, demolition, enclosure, or removal, the county, the lien holder of record, or the intervenor who incurred the cost and expense shall file a notice of lien for the cost and expense incurred in the office of the recorder in the county in which the real estate is located or in the office of the registrar of titles of the county if the real estate affected is registered under the Registered Titles (Torrens) Act. The notice must consist of a sworn statement setting out (1) a description of the real estate sufficient for its identification, (2) the amount of money representing the cost and expense incurred, and (3) the date or dates when the cost and expense was incurred by the county, the lien holder of record, or the intervenor. Upon payment of the cost and expense by the owner of or persons interested in the property after the notice of lien has been filed, the lien shall be released by the county, the person in whose name the lien has been filed, or the assignee of the lien, and the release may be filed of record as in the
45 [April 3, 2001] case of filing notice of lien. Unless the lien is enforced under subsection (b), the lien may be enforced by foreclosure proceedings as in the case of mortgage foreclosures under Article XV of the Code of Civil Procedure or mechanics' lien foreclosures. An action to foreclose this lien may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the county, including court costs, reasonable attorney's fees, advances to preserve the property, and other costs related to the enforcement of this subsection, plus statutory interest, are a lien on the real estate and are recoverable by the county from the owner or owners of the real estate. All liens arising under this subsection (a) shall be assignable. The assignee of the lien shall have the same power to enforce the lien as the assigning party, except that the lien may not be enforced under subsection (b). If the appropriate official of any county determines that any dangerous and unsafe building or uncompleted and abandoned building within its territory fulfills the requirements for an action by the county under the Abandoned Housing Rehabilitation Act, the county may petition under that Act in a proceeding brought under this subsection. (b) In any case where a county has obtained a lien under subsection (a), the county may enforce the lien under this subsection (b) in the same proceeding in which the lien is authorized. A county desiring to enforce a lien under this subsection (b) shall petition the court to retain jurisdiction for foreclosure proceedings under this subsection. Notice of the petition shall be served, by certified or registered mail, on all persons who were served notice under subsection (a). The court shall conduct a hearing on the petition not less than 15 days after the notice is served. If the court determines that the requirements of this subsection (b) have been satisfied, it shall grant the petition and retain jurisdiction over the matter until the foreclosure proceeding is completed. The costs of foreclosure incurred by the county, including court costs, reasonable attorneys' fees, advances to preserve the property, and other costs related to the enforcement of this subsection, plus statutory interest, are a lien on the real estate and are recoverable by the county from the owner or owners of the real estate. If the court denies the petition, the county may enforce the lien in a separate action as provided in subsection (a). All persons designated in Section 15-1501 of the Code of Civil Procedure as necessary parties in a mortgage foreclosure action shall be joined as parties before issuance of an order of foreclosure. Persons designated in Section 15-1501 of the Code of Civil Procedure as permissible parties may also be joined as parties in the action. The provisions of Article XV of the Code of Civil Procedure applicable to mortgage foreclosures shall apply to the foreclosure of a lien under this subsection (b), except to the extent that those provisions are inconsistent with this subsection. For purposes of foreclosures of liens under this subsection, however, the redemption period described in subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end 60 days after the date of entry of the order of foreclosure. (c) In addition to any other remedy provided by law, the county board of any county may petition the circuit court to have property declared abandoned under this subsection (c) if: (1) the property has been tax delinquent for 2 or more years or bills for water service for the property have been outstanding for 2 or more years; (2) the property is unoccupied by persons legally in possession; and (3) the property contains a dangerous or unsafe building. All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, shall be named as defendants in the petition and shall be served with process. In addition, service shall be had under Section 2-206 of the Code of Civil Procedure as in other cases
[April 3, 2001] 46 affecting property. The county, however, may proceed under this subsection in a proceeding brought under subsection (a). Notice of the petition shall be served by certified or registered mail on all persons who were served notice under subsection (a). If the county proves that the conditions described in this subsection exist and the owner of record of the property does not enter an appearance in the action, or, if title to the property is held by an Illinois land trust, if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, the court shall declare the property abandoned. If that determination is made, notice shall be sent by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, stating that title to the property will be transferred to the county unless, within 30 days of the notice, the owner of record enters an appearance in the action, or unless any other person having an interest in the property files with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition. If the owner of record enters an appearance in the action within the 30 day period, the court shall vacate its order declaring the property abandoned. In that case, the county may amend its complaint in order to initiate proceedings under subsection (a). If a request to demolish or repair the building is filed within the 30 day period, the court shall grant permission to the requesting party to demolish the building within 30 days or to restore the building to safe condition within 60 days after the request is granted. An extension of that period for up to 60 additional days may be given for good cause. If more than one person with an interest in the property files a timely request, preference shall be given to the person with the lien or other interest of the highest priority. If the requesting party proves to the court that the building has been demolished or put in a safe condition within the period of time granted by the court, the court shall issue a quitclaim judicial deed for the property to the requesting party, conveying only the interest of the owner of record, upon proof of payment to the county of all costs incurred by the county in connection with the action, including but not limited to court costs, attorney's fees, administrative costs, the costs, if any, associated with building enclosure or removal, and receiver's certificates. The interest in the property so conveyed shall be subject to all liens and encumbrances on the property. In addition, if the interest is conveyed to a person holding a certificate of purchase for the property under the Property Tax Code, the conveyance shall be subject to the rights of redemption of all persons entitled to redeem under that Act, including the original owner of record. If no person with an interest in the property files a timely request or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the court, the county may petition the court to issue a judicial deed for the property to the county. A conveyance by judicial deed shall operate to extinguish all existing ownership interests in, liens on, and other interest in the property, including tax liens. (d) Each county may use the provisions of this subsection to expedite the removal of certain buildings that are a continuing hazard to the community in which they are located. If a residential building is 2 stories or less in height as defined by the county's building code, and the official designated to be in charge of enforcing the county's building code determines that the building is open and vacant and an immediate and continuing hazard to the community in which the building is located, then the official shall be authorized to post a notice not less than 2 feet by 2 feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired, or enclosed, and unless any garbage, debris, and other
47 [April 3, 2001] hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials may be removed, by the county. Not later than 30 days following the posting of the notice, the county shall do both of the following: (1) Cause to be sent, by certified mail, return receipt requested, a notice to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the county to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if that action is not taken by the owner or owners. (2) Cause to be published, in a newspaper published or circulated in the county where the building is located, a notice setting forth (i) the permanent tax index number and the address of the building, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and (iii) a statement that the county intends to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for 3 consecutive days. A person objecting to the proposed actions of the county board may file his or her objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed, within 30 days of mailing the notice to the owners of record, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, or within 30 days of the last day of publication of the notice, whichever is later, the county board shall have the power to demolish, repair, or enclose the building or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials. The county may proceed to demolish, repair, or enclose a building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this subsection within a 120-day period following the date of the mailing of the notice if the appropriate official determines that the demolition, repair, enclosure, or removal of any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the county proceeds with any of the actions authorized by this subsection, any person has sought a hearing under this subsection before a court and has served a copy of the complaint on the chief executive officer of the county, then the county shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris, or other substances until the court determines that that action is necessary to remedy the hazard and issues an order authorizing the county to do so. Following the demolition, repair, or enclosure of a building, or the removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this subsection, the county may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, in the office of the recorder in the county in which the real estate is located or in the office of the registrar of titles of the county if the real estate affected is registered under the Registered Titles (Torrens) Act. The notice of lien shall consist of a sworn statement setting forth (i) a description of the real estate, such as the address or other description of the property, sufficient for its identification; (ii) the expenses incurred by the county in
[April 3, 2001] 48 undertaking the remedial actions authorized under this subsection; (iii) the date or dates the expenses were incurred by the county; (iv) a statement by the official responsible for enforcing the building code that the building was open and vacant and constituted an immediate and continuing hazard to the community; (v) a statement by the official that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this subsection; and (vi) a statement as to when and where the notice was published. The lien authorized by this subsection may thereafter be released or enforced by the county as provided in subsection (a). (e) In any case where a county has obtained a lien under subsection (a), the county may also bring an action for a money judgment against the owner or owners of the real estate in the amount of the lien in the same manner as provided for bringing causes of action in Article II of the Code of Civil Procedure and, upon obtaining a judgment, file a judgment lien against all of the real estate of the owner or owners and enforce that lien as provided for in Article XII of the Code of Civil Procedure. (Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97; 91-533, eff. 8-13-99; 91-561, eff. 1-1-00.) (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017) Sec. 5-12017. Violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Division or of any ordinance, resolution or other regulation made under authority conferred thereby, the proper authorities of the county or of the township in which the building, structure, or land is located, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises. Any person who violates the terms of any ordinance adopted under the authority of this Division shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense. (Source: P.A. 86-962.) Section 10. The Township Code is amended by adding Section 85-50 as follows: (60 ILCS 1/85-50 new) Sec. 85-50. Demolition, repair, or enclosure of buildings. (a) The township board of any township may formally request the county board to commence specified proceedings with respect to property located within the township but outside the territory of any municipality as provided in Section 5-1121 of the Counties Code. If the county board declines the request as provided in Section 5-1121 of the Counties Code, the township may exercise its powers under this Section. (b) The township board of each township may demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the township and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those buildings. The township board shall apply to the circuit court of the county in which the building is located (i) for an order authorizing action to be taken with respect to a building if the owner or owners of the building, including the lien holders of record, after at least 15 days' written notice by mail to do so, have failed to commence proceedings to put the building in a safe condition or to demolish it or (ii) for an order requiring the owner or owners of record to demolish, repair, or enclose the building or to remove garbage, debris, and other hazardous,
49 [April 3, 2001] noxious, or unhealthy substances or materials from the building. It is not a defense to the cause of action that the building is boarded up or otherwise enclosed, although the court may order the defendant to have the building boarded up or otherwise enclosed. Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed and the posting of the notice upon the premises sought to be demolished or repaired is sufficient notice under this Section. The hearing upon the application to the circuit court shall be expedited by the court and shall be given precedence over all other suits. The cost of the demolition, repair, enclosure, or removal incurred by the township, by an intervenor, or by a lien holder of record, including court costs, attorney's fees, and other costs related to the enforcement of this Section, is recoverable from the owner or owners of the real estate or the previous owner or both if the property was transferred during the 15-day notice period and is a lien on the real estate if, within 180 days after the repair, demolition, enclosure, or removal, the township, the lien holder of record, or the intervenor who incurred the cost and expense shall file a notice of lien for the cost and expense incurred in the office of the recorder in the county in which the real estate is located or in the office of the registrar of titles of the county if the real estate affected is registered under the Registered Titles (Torrens) Act. The lien becomes effective at the time of filing. The notice must consist of a sworn statement setting out (1) a description of the real estate sufficient for its identification, (2) the amount of money representing the cost and expense incurred, and (3) the date or dates when the cost and expense was incurred by the township, the lien holder of record, or the intervenor. Upon payment of the cost and expense by the owner of or persons interested in the property after the notice of lien has been filed, the lien shall be released by the township, the person in whose name the lien has been filed, or the assignee of the lien, and the release may be filed of record as in the case of filing notice of lien. Unless the lien is enforced under subsection (c), the lien may be enforced by foreclosure proceedings as in the case of mortgage foreclosures under Article XV of the Code of Civil Procedure or mechanics' lien foreclosures. An action to foreclose this lien may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the township, including court costs, reasonable attorney's fees, advances to preserve the property, and other costs related to the enforcement of this subsection, plus statutory interest, are a lien on the real estate and are recoverable by the township from the owner or owners of the real estate. All liens arising under this subsection (b) shall be assignable. The assignee of the lien shall have the same power to enforce the lien as the assigning party, except that the lien may not be enforced under subsection (c). (c) In any case where a township has obtained a lien under subsection (b), the township may enforce the lien under this subsection (c) in the same proceeding in which the lien is authorized. A township desiring to enforce a lien under this subsection (c) shall petition the court to retain jurisdiction for foreclosure proceedings under this subsection. Notice of the petition shall be served, by certified or registered mail, on all persons who were served notice under subsection (b). The court shall conduct a hearing on the petition not less than 15 days after the notice is served. If the court determines that the requirements of this subsection (c) have been satisfied, it shall grant the petition and retain jurisdiction over the matter until the foreclosure proceeding is completed. The costs of foreclosure incurred by the township, including court costs, reasonable attorneys' fees, advances to preserve the property, and other costs related to the enforcement of this subsection, plus statutory interest,
[April 3, 2001] 50 are a lien on the real estate and are recoverable by the township from the owner or owners of the real estate. If the court denies the petition, the township may enforce the lien in a separate action as provided in subsection (b). All persons designated in Section 15-1501 of the Code of Civil Procedure as necessary parties in a mortgage foreclosure action shall be joined as parties before issuance of an order of foreclosure. Persons designated in Section 15-1501 of the Code of Civil Procedure as permissible parties may also be joined as parties in the action. The provisions of Article XV of the Code of Civil Procedure applicable to mortgage foreclosures shall apply to the foreclosure of a lien under this subsection (c), except to the extent that those provisions are inconsistent with this subsection. For purposes of foreclosures of liens under this subsection, however, the redemption period described in subsection (c) of Section 15-1603 of the Code of Civil Procedure shall end 60 days after the date of entry of the order of foreclosure. (d) In addition to any other remedy provided by law, the township board of any township may petition the circuit court to have property declared abandoned under this subsection (d) if: (1) the property has been tax delinquent for 2 or more years or bills for water service for the property have been outstanding for 2 or more years; (2) the property is unoccupied by persons legally in possession; and (3) the property contains a dangerous or unsafe building. All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, shall be named as defendants in the petition and shall be served with process. In addition, service shall be had under Section 2-206 of the Code of Civil Procedure as in other cases affecting property. The township, however, may proceed under this subsection in a proceeding brought under subsection (b). Notice of the petition shall be served by certified or registered mail on all persons who were served notice under subsection (b). If the township proves that the conditions described in this subsection exist and the owner of record of the property does not enter an appearance in the action, or, if title to the property is held by an Illinois land trust, if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, the court shall declare the property abandoned. If that determination is made, notice shall be sent by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, stating that title to the property will be transferred to the township unless, within 30 days of the notice, the owner of record enters an appearance in the action, or unless any other person having an interest in the property files with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition. If the owner of record enters an appearance in the action within the 30-day period, the court shall vacate its order declaring the property abandoned. In that case, the township may amend its complaint in order to initiate proceedings under subsection (b). If a request to demolish or repair the building is filed within the 30-day period, the court shall grant permission to the requesting party to demolish the building within 30 days or to restore the building to safe condition within 60 days after the request is granted. An extension of that period for up to 60 additional days may be given for good cause. If more than one person with an interest in the property files a timely request, preference shall be given to the person with the lien or other interest of the highest priority. If the requesting party proves to the court that the building has been demolished or put in a safe condition within the period of time granted by the court, the court shall issue a quitclaim judicial deed
51 [April 3, 2001] for the property to the requesting party, conveying only the interest of the owner of record, upon proof of payment to the township of all costs incurred by the township in connection with the action, including but not limited to court costs, attorney's fees, administrative costs, the costs, if any, associated with building enclosure or removal, and receiver's certificates. The interest in the property so conveyed shall be subject to all liens and encumbrances on the property. In addition, if the interest is conveyed to a person holding a certificate of purchase for the property under the Property Tax Code, the conveyance shall be subject to the rights of redemption of all persons entitled to redeem under that Act, including the original owner of record. If no person with an interest in the property files a timely request or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the court, the township may petition the court to issue a judicial deed for the property to the township, or at the election of the township to issue the judicial deed to the county. A conveyance by judicial deed shall operate to extinguish all existing ownership interests in, liens on, and other interest in the property, including tax liens. (e) This Section applies only to requests made by townships under subsection (a) before January 1, 2006 and proceedings to implement or enforce this Section with respect to matters related to or arising from those requests. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. Floor Amendment No. 3 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2098. Having been printed, was taken up and read by title a second time. Representative Myers offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2098 AMENDMENT NO. 1. Amend House Bill 2098 as follows: on page 1, by replacing line 7 with the following: "Sec. 5.545. The Seat Belt Compliance Program Fund."; and on page 2, by replacing lines 27 through 29 with the following: "and subject to a fine not to exceed $25. In addition to the fine and any other financial assessments or penalties, a $5 surcharge shall be imposed for a violation of this Section. The $5 surcharge shall be collected by the circuit clerk and disbursed"; and on page 3, by replacing line 9 with the following: "less than $55, except the $5 surcharge on the fine imposed for a violation"; and on page 8, by replacing line 12 with the following: "of a local ordinance, the $5 surcharge on that fine shall be collected and"; and on page 8, by replacing lines 18 and 19 with the following: "Sec. 5-9-1.12. The Seat Belt Compliance Program Fund. (a) The $5 surcharge added to each fine imposed for a violation of"; and on page 8, line 23, by replacing "Operation Cool" with "Seat Belt Compliance"; and on page 8, line 30, by replacing "Operation Cool" with "Seat Belt Compliance"; and
[April 3, 2001] 52 on page 8, by replacing line 33 with the following: "by the Department of State Police for the Seat Belt Compliance Program or by the Department of State Police for grants to other State, county, or municipal law enforcement agencies for seat belt compliance programs established to increase seat safety belt compliance by high school students, including but not limited to the Operation Cool Program."; and on page 9, by deleting lines 1 and 2. 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 3188. 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 Hassert offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO HOUSE BILL 3188 AMENDMENT NO. 4. Amend House Bill 3188 on page 41, by inserting after line 10 the following: "(735 ILCS 5/7-103.160a new) Sec. 7-103.160a. Quick-take; Village of Bolingbrook. Quick-take proceedings under Section 7-103 may be used for a period of 24 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Bolingbrook for the acquisition of the following described property for economic development purposes: PARCEL 1: That part of parcel 02-30-200-002 located in the Northeast Quarter of Section 30, Township 37 North, Range 10 East of the Third Principal Meridian lying westerly of Weber Road in Will County, Illinois, more particularly described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence S 1 deg. 19 min. 22 sec. E along the east line of said Northeast Quarter a distance of 2047.60 feet to the point of intersection of the centerline of the extension of Remington Boulevard; thence S 88 deg. 40 min. 35 sec. W along said centerline of the extension of Remington Boulevard a distance of 50.00 feet to the intersection of said centerline of Remington Boulevard and the west line of Weber Road at the point of beginning of this description; 1.) thence N 1 deg. 19 min. 22 sec. W along said west line of Weber Road a distance of 519.11 feet; 2.) thence S 88 deg. 14 min. 37 sec. W along north line of said parcel 02-30-200-002 a distance of 20.00 feet; 3.) thence S 1 deg. 19 min. 22 sec. E along a line 20.00 feet parallel to the west line of Weber Road a distance of 418.96 feet; 4.) thence S 43 deg. 40 min. 37 sec. W a distance of 63.64 feet; 5.) thence S 88 deg. 40 min. 35 sec. W a distance of 70.00 feet; 6.) thence S 1 deg. 19 min. 04 sec. E a distance of 5.00 feet; 7.) thence S 88 deg. 40 min. 35 sec. W a distance of 175.00 feet; 8.) thence west a distance of 227.70 feet along a tangential curve concave south having a radius of 686.62 feet and a cord bearing of S 79 deg. 10 min. 35 sec. W; 9.) thence S 67 deg. 10 min. 30 sec. W a distance of 229.11 feet; 10.) thence S 69 deg. 40 min. 35 sec. W a distance of 352.08 feet; 11.) thence west a distance of 559.79 feet; along a tangential curve concave south having a radius of 676.62 feet and a cord bearing of S 45 deg. 58 min. 31 sec. W; 12.) thence south a distance of 55.38 feet along a tangential curve
53 [April 3, 2001] concave east having a radius of 995.00 feet and a cord bearing of S 20 deg. 40 min. 49 sec. W to a point on the south line of said parcel 02-30-200-002; 13.) thence N 88 deg. 14 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 42.93 feet to the point of intersection of said south line of parcel 02-30-200-002 and said centerline of the extension of Remington Boulevard; 14.) thence N 88 deg. 14 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 43.22 feet; 15.) thence north a distance of 20.27 feet along a non-tangential curve concave east having a radius of 915.00 feet and a cord bearing of N 21 deg. 38 min. 17 sec. E; 16.) thence north a distance of 493.60 feet along a tangential curve concave east having a radius of 596.62 feet and a cord bearing of N 45 deg. 58 min. 31 sec. E; 17.) thence N 69 deg. 40 min. 35 sec. E a distance of 352.08 feet; 18.) thence N 72 deg. 10 min. 40 sec. E a distance of 229.11 feet; 19.) thence east a distance of 194.53 feet along a non-tangential curve concave south having a radius of 586.62 feet and a cord bearing of N 79 deg. 10 min. 36 sec. E; 20.) thence N 88 deg. 40 min. 35 sec. E a distance of 240.00 feet; 21.) thence S 46 deg. 19 min. 23 sec E a distance of 84.85 feet; 22.) thence S 1 deg. 19 min. 22 sec. E along a line 10.00 feet parallel to the west line of Weber Road a distance of 485.00 feet; 23.) thence N 88 deg. 13 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 10.00 feet; 24.) thence N 1 deg. 19 min. 22 sec. W along said west line of Weber Road a distance of 594.92 feet to the point of beginning, in Will County, Illinois, said parcel containing 3.77 acres, more or less.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 3521. Having been read by title a second time on April 2, 2001, and held on the order of Second Reading, the same was again taken up. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3521 AMENDMENT NO. 1. Amend House Bill 3521 by replacing everything after the enacting clause with the following: "Section 5. The General Obligation Bond Act is amended by changing Sections 2 and 5 as follows: (30 ILCS 330/2) (from Ch. 127, par. 652) Sec. 2. Authorization for Bonds. The State of Illinois is authorized to issue, sell and provide for the retirement of General Obligation Bonds of the State of Illinois for the categories and specific purposes expressed in Sections 2 through 8 of this Act, in the total amount of $14,697,632,592
[April 3, 2001] 54 General Obligation Retirement Savings Bonds. The issuance and sale of Bonds pursuant to the General Obligation Bond Act is an economical and efficient method of financing the capital needs of the State. This Act will permit the issuance of a multi-purpose General Obligation Bond with uniform terms and features. This will not only lower the cost of registration but also reduce the overall cost of issuing debt by improving the marketability of Illinois General Obligation Bonds. (Source: P.A. 90-1, eff. 2-20-97; 90-8, eff. 12-8-97; 90-549, eff. 12-8-97; 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-53, eff 6-30-99; 91-710, eff. 5-17-00.) (30 ILCS 330/5) (from Ch. 127, par. 655) Sec. 5. School Construction. (a) The amount of $58,450,000 is authorized to make grants to local school districts for the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning and installation of capital facilities, including but not limited to those required for special education building projects provided for in Article 14 of The School Code, consisting of buildings, structures, and durable equipment, and for the acquisition and improvement of real property and interests in real property required, or expected to be required, in connection therewith. (b) $22,550,000, or so much thereof as may be necessary, for grants to school districts for the making of principal and interest payments, required to be made, on bonds issued by such school districts after January 1, 1969, pursuant to any indenture, ordinance, resolution, agreement or contract to provide funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning and installation of capital facilities consisting of buildings, structures, durable equipment and land for educational purposes or for lease payments required to be made by a school district for principal and interest payments on bonds issued by a Public Building Commission after January 1, 1969. (c) $10,000,000 for grants to school districts for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning and installation of capital facilities consisting of buildings structures, durable equipment and land for special education building projects. (d) $9,000,000 for grants to school districts for the reconstruction, rehabilitation, improvement, financing and architectural planning of capital facilities, including construction at another location to replace such capital facilities, consisting of those public school buildings and temporary school facilities which, prior to January 1, 1984, were condemned by the regional superintendent under Section 3-14.22 of The School Code or by any State official having jurisdiction over building safety. (e) $2,620,000,000
55 [April 3, 2001] HOUSE BILL 646. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 646 AMENDMENT NO. 1. Amend House Bill 646 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 10-20.14 as follows: (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) Sec. 10-20.14. Student discipline policies; Parent-teacher advisory committee. (a) To establish and maintain a parent-teacher advisory committee to develop with the school board policy guidelines on pupil discipline, including school searches, to furnish a copy of the policy to the parents or guardian of each pupil within 15 days after the beginning of the school year, or within 15 days after starting classes for a pupil who transfers into the district during the school year, and to require that each school informs its pupils of the contents of its policy. School boards, along with the parent-teacher advisory committee, are encouraged to annually review their pupil discipline policies, the implementation of those policies, and any other factors related to the safety of their schools, pupils, and staff. (b) The parent-teacher advisory committee in cooperation with local law enforcement agencies shall develop, with the school board, policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding criminal offenses committed by students. (c) The parent-teacher advisory committee, in cooperation with school bus personnel, shall develop, with the school board, policy guideline procedures to establish and maintain school bus safety procedures. These procedures shall be incorporated into the district's pupil discipline policy. (d) The school board, in consultation with the parent-teacher advisory committee, must include provisions in the student discipline policy to address patent and latent aggressive student behavior. These provisions must include identification and intervention procedures consistent with community-based standards and resources. (Source: P.A. 91-272, eff. 1-1-00.)". Floor Amendments numbered 2 and 3 remained in the Committee on Elementary & Secondary Education. Representative Lindner offered and withdrew Amendment No. 4. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO HOUSE BILL 646 AMENDMENT NO. 5. Amend House Bill 646, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, by replacing lines 12 through 17 with the following: "(d) The school board, in consultation with the parent-teacher advisory committee and other community-based organizations, must include provisions in the student discipline policy to address students who have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal guardians and early intervention procedures based upon available community-based and district resources.".
[April 3, 2001] 56 The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 5 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 172. Having been printed, was taken up and read by title a second time. Representative Capparelli offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 172 AMENDMENT NO. 1. Amend House Bill 172 by replacing everything after the enacting clause with the following: "Section 5. The Riverboat Gambling Act is amended by changing Section 5 as follows: (230 ILCS 10/5) (from Ch. 120, par. 2405) Sec. 5. Gaming Board. (a) (1) There is hereby established within the Department of Revenue an Illinois Gaming Board which shall have the powers and duties specified in this Act, and all other powers necessary and proper to fully and effectively execute this Act for the purpose of administering, regulating, and enforcing the system of riverboat gambling established by this Act. Its jurisdiction shall extend under this Act to every person, association, corporation, partnership and trust involved in riverboat gambling operations in the State of Illinois. (2) The Board shall consist of 7
57 [April 3, 2001] this Board, or any race track, race meeting, racing association or the operations thereof subject to the jurisdiction of the Illinois Racing Board. No Board member shall hold any other public office for which he shall receive compensation other than necessary travel or other incidental expenses. No person shall be a member of the Board who is not of good moral character or who has been convicted of, or is under indictment for, a felony under the laws of Illinois or any other state, or the United States. (6) Any member of the Board may be removed by the Governor for neglect of duty, misfeasance, malfeasance, or nonfeasance in office. (7) Before entering upon the discharge of the duties of his office, each member of the Board shall take an oath that he will faithfully execute the duties of his office according to the laws of the State and the rules and regulations adopted therewith and shall give bond to the State of Illinois, approved by the Governor, in the sum of $25,000. Every such bond, when duly executed and approved, shall be recorded in the office of the Secretary of State. Whenever the Governor determines that the bond of any member of the Board has become or is likely to become invalid or insufficient, he shall require such member forthwith to renew his bond, which is to be approved by the Governor. Any member of the Board who fails to take oath and give bond within 30 days from the date of his appointment, or who fails to renew his bond within 30 days after it is demanded by the Governor, shall be guilty of neglect of duty and may be removed by the Governor. The cost of any bond given by any member of the Board under this Section shall be taken to be a part of the necessary expenses of the Board. (8) Upon the request of the Board, the Department shall employ such personnel as may be necessary to carry out the functions of the Board. No person shall be employed to serve the Board who is, or whose spouse, parent or child is, an official of, or has a financial interest in or financial relation with, any operator engaged in gambling operations within this State or any organization engaged in conducting horse racing within this State. Any employee violating these prohibitions shall be subject to termination of employment. (9) An Administrator shall perform any and all duties that the Board shall assign him. The salary of the Administrator shall be determined by the Board and approved by the Director of the Department and, in addition, he shall be reimbursed for all actual and necessary expenses incurred by him in discharge of his official duties. The Administrator shall keep records of all proceedings of the Board and shall preserve all records, books, documents and other papers belonging to the Board or entrusted to its care. The Administrator shall devote his full time to the duties of the office and shall not hold any other office or employment. (b) The Board shall have general responsibility for the implementation of this Act. Its duties include, without limitation, the following: (1) To decide promptly and in reasonable order all license applications. Any party aggrieved by an action of the Board denying, suspending, revoking, restricting or refusing to renew a license may request a hearing before the Board. A request for a hearing must be made to the Board in writing within 5 days after service of notice of the action of the Board. Notice of the action of the Board shall be served either by personal delivery or by certified mail, postage prepaid, to the aggrieved party. Notice served by certified mail shall be deemed complete on the business day following the date of such mailing. The Board shall conduct all requested hearings promptly and in reasonable order; (2) To conduct all hearings pertaining to civil violations of this Act or rules and regulations promulgated hereunder; (3) To promulgate such rules and regulations as in its judgment may be necessary to protect or enhance the credibility and integrity of gambling operations authorized by this Act and the regulatory process hereunder; (4) To provide for the establishment and collection of all license and registration fees and taxes imposed by this Act and the
[April 3, 2001] 58 rules and regulations issued pursuant hereto. All such fees and taxes shall be deposited into the State Gaming Fund; (5) To provide for the levy and collection of penalties and fines for the violation of provisions of this Act and the rules and regulations promulgated hereunder. All such fines and penalties shall be deposited into the Education Assistance Fund, created by Public Act 86-0018, of the State of Illinois; (6) To be present through its inspectors and agents any time gambling operations are conducted on any riverboat for the purpose of certifying the revenue thereof, receiving complaints from the public, and conducting such other investigations into the conduct of the gambling games and the maintenance of the equipment as from time to time the Board may deem necessary and proper; (7) To review and rule upon any complaint by a licensee regarding any investigative procedures of the State which are unnecessarily disruptive of gambling operations. The need to inspect and investigate shall be presumed at all times. The disruption of a licensee's operations shall be proved by clear and convincing evidence, and establish that: (A) the procedures had no reasonable law enforcement purposes, and (B) the procedures were so disruptive as to unreasonably inhibit gambling operations; (8) To hold at least one meeting each quarter of the fiscal year. In addition, special meetings may be called by the Chairman or any 2 Board members upon 72 hours written notice to each member. All Board meetings shall be subject to the Open Meetings Act. Four
59 [April 3, 2001] where gambling operations are conducted. (3) To promulgate rules and regulations for the purpose of administering the provisions of this Act and to prescribe rules, regulations and conditions under which all riverboat gambling in the State shall be conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of riverboat gambling, including rules and regulations regarding the inspection of such riverboats and the review of any permits or licenses necessary to operate a riverboat under any laws or regulations applicable to riverboats, and to impose penalties for violations thereof. (4) To enter the office, riverboats, facilities, or other places of business of a licensee, where evidence of the compliance or noncompliance with the provisions of this Act is likely to be found. (5) To investigate alleged violations of this Act or the rules of the Board and to take appropriate disciplinary action against a licensee or a holder of an occupational license for a violation, or institute appropriate legal action for enforcement, or both. (6) To adopt standards for the licensing of all persons under this Act, as well as for electronic or mechanical gambling games, and to establish fees for such licenses. (7) To adopt appropriate standards for all riverboats and facilities. (8) To require that the records, including financial or other statements of any licensee under this Act, shall be kept in such manner as prescribed by the Board and that any such licensee involved in the ownership or management of gambling operations submit to the Board an annual balance sheet and profit and loss statement, list of the stockholders or other persons having a 1% or greater beneficial interest in the gambling activities of each licensee, and any other information the Board deems necessary in order to effectively administer this Act and all rules, regulations, orders and final decisions promulgated under this Act. (9) To conduct hearings, issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records and other pertinent documents in accordance with the Illinois Administrative Procedure Act, and to administer oaths and affirmations to the witnesses, when, in the judgment of the Board, it is necessary to administer or enforce this Act or the Board rules. (10) To prescribe a form to be used by any licensee involved in the ownership or management of gambling operations as an application for employment for their employees. (11) To revoke or suspend licenses, as the Board may see fit and in compliance with applicable laws of the State regarding administrative procedures, and to review applications for the renewal of licenses. The Board may suspend an owners license, without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a riverboat's operation. The suspension may remain in effect until the Board determines that the cause for suspension has been abated. The Board may revoke the owners license upon a determination that the owner has not made satisfactory progress toward abating the hazard. (12) To eject or exclude or authorize the ejection or exclusion of, any person from riverboat gambling facilities where such person is in violation of this Act, rules and regulations thereunder, or final orders of the Board, or where such person's conduct or reputation is such that his presence within the riverboat gambling facilities may, in the opinion of the Board, call into question the honesty and integrity of the gambling operations or interfere with orderly conduct thereof; provided that the propriety of such ejection or exclusion is subject to subsequent hearing by the Board.
[April 3, 2001] 60 (13) To require all licensees of gambling operations to utilize a cashless wagering system whereby all players' money is converted to tokens, electronic cards, or chips which shall be used only for wagering in the gambling establishment. (14) (Blank). (15) To suspend, revoke or restrict licenses, to require the removal of a licensee or an employee of a licensee for a violation of this Act or a Board rule or for engaging in a fraudulent practice, and to impose civil penalties of up to $5,000 against individuals and up to $10,000 or an amount equal to the daily gross receipts, whichever is larger, against licensees for each violation of any provision of the Act, any rules adopted by the Board, any order of the Board or any other action which, in the Board's discretion, is a detriment or impediment to riverboat gambling operations. (16) To hire employees to gather information, conduct investigations and carry out any other tasks contemplated under this Act. (17) To establish minimum levels of insurance to be maintained by licensees. (18) To authorize a licensee to sell or serve alcoholic liquors, wine or beer as defined in the Liquor Control Act of 1934 on board a riverboat and to have exclusive authority to establish the hours for sale and consumption of alcoholic liquor on board a riverboat, notwithstanding any provision of the Liquor Control Act of 1934 or any local ordinance, and regardless of whether the riverboat makes excursions. The establishment of the hours for sale and consumption of alcoholic liquor on board a riverboat is an exclusive power and function of the State. A home rule unit may not establish the hours for sale and consumption of alcoholic liquor on board a riverboat. This amendatory Act of 1991 is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (19) After consultation with the U.S. Army Corps of Engineers, to establish binding emergency orders upon the concurrence of a majority of the members of the Board regarding the navigability of water, relative to excursions, in the event of extreme weather conditions, acts of God or other extreme circumstances. (20) To delegate the execution of any of its powers under this Act for the purpose of administering and enforcing this Act and its rules and regulations hereunder. (21) To take any other action as may be reasonable or appropriate to enforce this Act and rules and regulations hereunder. (d) The Board may seek and shall receive the cooperation of the Department of State Police in conducting background investigations of applicants and in fulfilling its responsibilities under this Section. Costs incurred by the Department of State Police as a result of such cooperation shall be paid by the Board in conformance with the requirements of Section 2605-400 of the Department of State Police Law (20 ILCS 2605/2605-400). (e) The Board must authorize to each investigator and to any other employee of the Board exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Board and (ii) contains a unique identifying number. No other badge shall be authorized by the Board. (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, eff. 1-1-01.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed.
61 [April 3, 2001] There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 593. Having been recalled on February 22, 2001, and held on the order of Second Reading, the same was again taken up. Representative Lang offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 593 AMENDMENT NO. 1. Amend House Bill 593 as follows: on page 1, line 27, by replacing "person if the" with "person."; and on page 1, by deleting line 28; and on page 2, line 5, after "neglect", by inserting "in accordance with applicable law". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3216. Having been printed, was taken up and read by title a second time. Representative Lang offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3216 AMENDMENT NO. 1. Amend House Bill 3216 by replacing the title with the following: "AN ACT in relation to mental health."; and by replacing everything after the enacting clause with the following: "Section 5. The Community Mental Health Act is amended by adding Sections 8.100, 8.102, 8.105, 8.110, 8.115, 8.120, 8.125, 8.130, 8.135, 8.140, 8.145, 8.150, 8.155, 8.160, 8.165, 8.170, and 8.175 as follows: (405 ILCS 20/8.100 new) Sec. 8.100. Purpose. It is the purpose of this Act to prevent or avoid institutionalization of individuals with mental illness or a co-occurring disorder of mental illness and substance abuse. The Department of Human Services shall implement, coordinate, monitor, and evaluate the CHOICES program, as described in this Section and the following Sections preceding Section 9, in cooperation with all governmental and private resources, organizations, and stakeholders. Programs shall address the needs of qualified individuals, both children and adults. The CHOICES program will provide cost effective, community residential environments and supports to enable individuals with a mental illness or a mental illness and substance abuse co-occurring disorder to live successfully in the community. (405 ILCS 20/8.102 new) Sec. 8.102. Definitions. In Section 8.100 and the subsequent Sections preceding Section 9 of this Act: "Individual with a disability" means any of the following: (1) An individual, whether a child or an adult, who has a physical or mental impairment that substantially limits one or more of the individual's major life activities. (2) An individual, whether a child or an adult, who has a record of a physical or mental impairment that substantially limited one or more of the individual's major life activities. (3) An individual, whether a child or an adult, who is regarded as having a physical or mental impairment, whether the individual has the impairment or not.
[April 3, 2001] 62 "Mental impairment" means a mental or psychological disorder or emotional or mental illness. "Physical impairment" means drug addiction or alcoholism, or both. "Stakeholder" means an advocacy organization or service provider whose mission includes advocacy for or provision of quality services to individuals with a disability of mental illness or a co-occurring disorder of mental illness and substance abuse. (405 ILCS 20/8.105 new) Sec. 8.105. Implementation of program. The Department of Human Services is directed to implement the CHOICES program. The Department of Public Aid, the Department on Aging, the Department of Children and Family Services, the Department of Public Health, the Bureau of the Budget, and other State agencies as appropriate shall cooperate fully with the Department of Human Services in fulfilling the requirements of Section 8.100 and the subsequent Sections preceding Section 9. (405 ILCS 20/8.110 new) Sec. 8.110. Community services. In order to prevent or avoid institutionalization of individuals with a disability, the Department of Human Services shall implement, coordinate, monitor, and evaluate community services for individuals with disabilities in Illinois in cooperation with all governmental and private resources, organizations, and stakeholders. Programs shall address the needs of qualified individuals, both children and adults, with disabilities, in the following disability areas: (1) Mental illness. (2) Mental illness and substance abuse. (405 ILCS 20/8.115 new) Sec. 8.115. Implementation; program components. (a) Subject to appropriations, the Department of Human Services shall implement the CHOICES program for individuals with a mental illness or co-occurring disability of mental illness and substance abuse. The CHOICES program shall consist of a program for 1,000 individuals with a disability, designed to provide a system of services and supports for those qualified individuals with a disability to live in the most integrated community-based integrated setting. The Department shall begin implementation of the program by January 1, 2002, and shall implement the program statewide within 4 years after the effective date of this amendatory Act of the 92nd General Assembly. The Department shall adopt rules for the selection of the initial program participants. (b) From existing funds and funds appropriated by the General Assembly, the Department of Human Services shall do the following: (1) Develop a comprehensive plan to develop and maintain a statewide system of community-based services that reflect the choices and needs of individuals with mental illness or a co-occurring disorder of mental illness and substance abuse and their families in Illinois, to prevent or avoid unnecessary institutionalization. (2) Carry out all functions and duties required by law through collaboration with individuals with mental illness or a co-occurring disorder of mental illness and substance abuse, their families and guardians, community organizations, and providers throughout the State. (3) Facilitate or provide technical assistance to community service providers in planning, developing, and implementing services and supports for individuals with mental illness or a co-occurring disorder of mental illness and substance abuse and their families. (4) Consider the needs in the field of mental illness or mental illness and substance abuse and make recommendations to the General Assembly and the Governor for changes in the law. From funds appropriated by the General Assembly to the Department of Human Services for that purpose, the Secretary of the Department of Human Services shall establish initiatives including, but not limited to, the CHOICES program as described in Section 8.100 and the subsequent Sections preceding Section 9 of this Act, to prevent
63 [April 3, 2001] and correct inappropriate institutionalization to ensure that individuals needing mental health services or mental health and substance abuse services are served in the most integrated setting. (c) The CHOICES program's components shall include the following: (1) Policies to avoid inappropriate placement of an individual in an institution, including general acute care hospitals, hospitals with distinct parts for psychiatric care, freestanding public or private psychiatric hospitals, residential treatment facilities, and nursing facilities. (2) Institutional pre-admission screening and mandated follow up. (3) A cost-benefit analysis concerning placement of the person in the community. (405 ILCS 20/8.120 new) Sec. 8.120. CHOICES program features. The CHOICES program shall include the following features: (1) It shall require 1,000 additional community-based integrated residential settings with appropriate community supports. (2) It shall create programs to train institutional discharge staff treating individuals with disabilities training on community-based alternatives. (3) It shall require a process to inform a person of all available options for his or her care before that person makes a decision on his or her placement. (4) It shall offer, before placement, the assistance of a planning specialist who will assist the person in making the move from an institution to a community setting. (5) It shall fund outreach activities to identify persons in institutions who may wish to move. The Department of Human Services shall establish the qualifications of persons and or organizations who perform the outreach for community-based organizations funded through the program. The guardian of the person, if any, must be involved with the outreach process and the resident. (405 ILCS 20/8.125 new) Sec. 8.125. Provision of services. In accordance with an individual program plan or an individual treatment plan, or both, based on a comprehensive evaluation, individuals with a disability may be provided the services described in the Sections following this Section. (405 ILCS 20/8.130 new) Sec. 8.130. Comprehensive evaluation and diagnosis. An individual with a disability who is applying for services is entitled to receive a comprehensive evaluation and diagnosis, including an assessment of skills, abilities, and potential for residential and work placement, adapted to his or her primary language, cultural background, and ethnic origin. All components of a comprehensive evaluation must be administered by a qualified examiner. (405 ILCS 20/8.135 new) Sec. 8.135. Individual program plan. An individual with a disability is entitled to receive services in accordance with a current individual program plan or an individual treatment plan, or both. An individual with a disability who is receiving services shall be provided periodic reevaluation and review of the individual program plan or individual treatment plan, or both, at least twice each year, in order to measure progress, to modify or change objectives if necessary, and to provide guidance and remediation techniques. An individual with a disability and his or her representatives have the right (i) to participate in the planning and decision-making process regarding the individual's program plan and (ii) to be informed in writing, or in that individual's mode of communication, of progress at reasonable time intervals. Each individual must be given he opportunity to make decisions and exercise options regarding the plan, consistent with the individual's capabilities. (405 ILCS 20/8.140 new) Sec. 8.140. Nondiscriminatory access to services. An individual with a disability may not be denied program services because of age,
[April 3, 2001] 64 sex, ethnic origin, marital status, ability to pay (except when contrary to law), criminal record, degree of disability, or illness. (405 ILCS 20/8.145 new) Sec. 8.145. Family or individual support. An individual with a disability must be provided family or individual support services, or both, to prevent unnecessary out-of-home placement and to foster independent living skills. (405 ILCS 20/8.150 new) Sec. 8.150. Residential choices and options. An individual with a disability who requires residential placement in a supervised or supported setting must be provided choices among various residential options. The placement must be offered in the most integrated community setting possible. (405 ILCS 20/8.155 new) Sec. 8.155. Vocational training. An individual with a disability must be provided vocational training, when appropriate, that contributes to the individual's independence and employment potential. This training must include strategies and activities in programs that lead to employment and reemployment. (405 ILCS 20/8.160 new) Sec. 8.160. Employment. An individual with a disability has the right to be employed free from discrimination, pursuant to the Constitution and laws of this State. (405 ILCS 20/8.165 new) Sec. 8.165. Case coordination services. An individual with a disability must be provided case coordination services, as appropriate. (405 ILCS 20/8.170 new) Sec. 8.170. Due process; judicial review. (a) An individual with a disability retains the rights of citizenship. Any individual aggrieved by a decision of a department of State government regarding services provided under this Act must be given an opportunity to present complaints at a due process hearing before a hearing officer designated by the director of that department. (b) Any individual aggrieved by a final administrative decision rendered following the due-process hearing may seek judicial review of that decision pursuant to the Administrative Review Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Reasonable attorney's fees and costs may be awarded to the successful plaintiff in any formal administrative or judicial action under this Act. (c) The right to a hearing under this Section is in addition to any other rights under federal, State, or local laws. (405 ILCS 20/8.175 new) Sec. 8.175. Transitional living assistance. The Department of Human Services shall lead a coordinated effort with the Department of Commerce and Community Affairs to further develop housing assistance programs to promote the ability of individuals to move from institutions to the most integrated community residence. The program shall address eligibility criteria, the period a person may receive assistance, the types of housing expenses to be covered, and the locations of the programs. The Department of Human Services shall administer the program and may seek the advice of the Department of Commerce and Community Affairs for this purpose. 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 482. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary
65 [April 3, 2001] II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 482 AMENDMENT NO. 1. Amend House Bill 482 by replacing the title with the following: "AN ACT in relation to firearms."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Firearms Retail Sale Licensing Act. Section 5. Definitions. In this Act: "Adjudicated as a disabled person" means adjudicated as a disabled person under the Probate Act of 1975 or the laws of another state. "BATF" means the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury. "Cannabis" has the meaning ascribed to it in the Cannabis Control Act. "Controlled substance" has the meaning ascribed to it in the Illinois Controlled Substances Act. "Crime punishable by imprisonment for a term exceeding one year" does not include: (A) any federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime must be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored must not be considered a conviction for purposes of this Act, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. "Department" means the Department of State Police. "Dealer" means: (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. "Licensed dealer" means any dealer who is licensed under the provisions of this Act. "Pawnbroker" means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money. "Engaged in the business", as applied to a dealer in firearms, means a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms, as defined in Section 921 (a)(11)(B) of the federal Gun Control Act of 1968. "With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; provided that proof of profit is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. "Firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
[April 3, 2001] 66 "Handgun" has the meaning ascribed to it in paragraph (h)(2) of subsection (A) of Section 24-3 of the Criminal Code of 1961. "Fugitive from justice" means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. "Indictment" means an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. "Licensed dealer" means any firearm dealer who is required to be licensed under both this Act and Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). "Mental condition" means having been adjudicated by the State as having a state of mind manifested by violent, suicidal, threatening or assaultive behavior. "Multiple handgun sale" means the sale of 2 or more handguns to the same person within 5 business days by the same licensed dealer. "Person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company. Section 10. Unlicensed firearms dealer; prohibition. No person, required to be licensed under this Act, may knowingly sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with intent to sell or transfer any firearm without being licensed under this Act. This prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or as a hobby, who sells all or part of his or her personal collection of firearms, or who is not required to be licensed under this Act or Section 921(a)(21) of the Gun Control Act of 1968 (18 U.S.C. 921(a)(21). Section 15. License application; requirements. (a) Each applicant for a firearms dealer license must: (1) Make application on blank forms prepared and furnished at convenient locations throughout the State by the Department of State Police; and (2) Submit evidence under penalty of perjury to the Department of State Police that: (i) The applicant is 21 years of age or over; or (ii) In the case of a corporation, partnership, or association, an individual possessing, directly or indirectly, the power to direct or cause the direction of management and policies of the corporation, partnership, or association: (A) has not been convicted of a felony under the laws of this or any other jurisdiction; (B) has not been convicted of and is not under indictment for a crime punishable by imprisonment for a term exceeding one year; (C) is not a fugitive from justice; (D) is not addicted to narcotics, a controlled substance, or cannabis; (E) has not been adjudicated as a disabled person or committed to a mental institution and does not have a mental condition that poses a clear and present danger to the applicant, another person, or the community. (F) is not an alien who is illegally or unlawfully present in the United States under the laws of the United States; (G) is not a former citizen of the United States who has renounced his or her citizenship; (b) The provisions of subdivision (a)(2)(ii) do not apply to a person who has been granted relief from disabilities under subsection (c) of Section 925 of Title 18 of the United States Code or to a licensed dealer who is indicted if, before the expiration of the term of the existing license, timely application is made for a new license during the term of indictment and until any conviction under the indictment becomes final. (c) The applicant must submit a full set of legible fingerprints on forms prescribed by the Department.
67 [April 3, 2001] (d) The applicant must have in the State premises from which he or she conducts business subject to a license under this Act or from which he or she intends to conduct such business within a reasonable period of time. The applicant must certify that the business to be conducted under the license is not prohibited under local law where the licensed premise is located. (e) The applicant must submit to the Department an application fee of $150. (f) A license granted under this Act expires 3 years from its date of issue. (g) No later than 30 days after the filing of a proper application and appropriate fee, submitted under Section 15 of this Act, the Department must issue a license to the applicant that entitles the licensee to transport, ship, receive, and sell firearms and firearm ammunition during the period stated in the license. Nothing in this Act shall be construed to prohibit a licensed dealer from maintaining and disposing of a personal collection of firearms or firearms ammunition, subject only to the restrictions that apply in 18 U.S.C. 923 of the Gun Control Act of 1968 and the Firearm Owners Identification Card Act. Section 20. License retention. (a) A person licensed under this Act must at all times have in effect a valid license issued by the United States Treasury Bureau of Alcohol, Tobacco and Firearms under 18 U.S.C. 923 of the Gun Control Act of 1968. (b) Business will not be conducted under a license until the requirements of local zoning ordinances have been met. (c) A licensed dealer may not knowingly violate any provision of federal and State laws pertaining to the acquisition, sale, or transfer of firearms or firearms ammunition. (d) Licensed dealers must participate in the dial up system as provided in Section 3.1 of the Firearm Owners Identification Card Act. (e) Licensed dealers may display, sell, or transfer firearms or transact business at gun shows open to the general public or at any regular meeting or banquet of an incorporated collectors club, association, or membership organization in accordance with this Act and federal law. (f) A separate license must be obtained for each separate place of business. However, nothing in this Section must require a separate or additional license for a licensed dealer conducting business in accordance with item (e) of this Section at gun shows open to the general public or at any regular meeting or banquet of an incorporated collectors club, association, or membership organization. (g) The license or a copy of the license issued by the Department must be displayed on the premise at a location where it can easily be read. (h) The licensee must obtain a certificate of registration issued under the Retailers' Occupation Tax Act. Section 25. Enforcement; hearings; suspension; revocation; notice. (a) This Act must be enforced by the Department for the purpose of determining compliance with this Act. The Department may conduct one unannounced compliance inspection per year. Inspections may not disrupt the normal business operations of the licensee. (b) The Department, after 30 days notice to the licensee and reasonable opportunity for the licensee to be heard, may revoke a license or may suspend a license up to one year upon satisfactory proof that the licensee has violated or permitted a violation of any requirement of this Act or is no longer eligible to obtain a license under Section 15. A person whose license has been revoked by the Department is disqualified to receive a license for 5 years after the revocation. Proceedings for revocation or suspension under this Section may only be initiated by the Department. Section 30. Submission to the Department; (a) Within 48 hours of discovering evidence of a break-in at a licensee's place of business listed on his or her license, he or she must report the incident to the Department.
[April 3, 2001] 68 (b) Within 48 hours of discovering evidence of a theft or loss of firearms or ammunition from his or her inventory, the licensee must report the incident to the Department. (c) Within 48 hours of discovering evidence of a lost or stolen shipment of firearms or firearms ammunition, the licensee must report the incident to the Department. (d) Within 7 days of making a sale of multiple handguns, the licensee must forward a copy of the multiple purchase form to the Department. Unless required for a open criminal investigation, the Department must destroy any and all records or copies pertaining to the multiple purchase form with in 30 days. All records maintained by the licensee are the property of the licensee and may not be removed from his or her property without the licensee's consent or by court order. Section 35. Penalties (a) A person who knowingly makes a false statement or knowingly conceals a material fact or uses false information or identification in any application for a license under this Act commits a Class A misdemeanor. (b) A person who is engaged in the business of selling firearms or ammunition without a license under this Act commits a Class A misdemeanor for the first offense. A second or subsequent offense is a Class 4 felony. In any other action or proceeding under the provisions of this Act, the court, when it finds that such action was without foundation or was initiated vexatiously, frivolously, or in bad faith must allow the prevailing party, other than the State or unit of local government, a reasonable attorney's fee, and the State or unit of local government which brought such action must be liable therefor. Section 40. Exemptions. The following persons are not required to be licensed under this Act: (1) Persons considered licensed collectors by the BATF. (2) Any person who is not engaged in the business. Section 105. The Criminal Code of 1961 is amended by changing Section 24-3.1 as follows: (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition. (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when: (1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or (2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or (3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or (4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or (5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or (6) He has in his possession any explosive bullet. For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (b) Sentence. Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. (c) The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 92nd General Assembly by any unit of local government that impose restrictions or limitations on the acquisition, possession,
69 [April 3, 2001] transportation, storage, purchase, sale, or other dealing in firearms, ammunition, components, accessories, and accoutrements, other than those that are imposed by subsection (a) of this Section, are invalid, except as authorized by this Code, and all those existing ordinances and resolutions are void. (d) A unit of local government, including a home rule unit, may not regulate the acquisition, possession, transportation, storage, purchase, selling, or other dealing in firearms, ammunition, components, accessories, or accoutrements in a manner more restrictive than provided in subsection (a). This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 91-696, eff. 4-13-00.) Section 999. Effective date. This Act takes effect upon becoming law, except that the Firearms Retail Sale Licensing Act takes effect July 1, 2002.". Representative Bost offered and withdrew Amendment No. 2. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2276. Having been recalled on March 20, 2001, and held on the order of Second Reading, the same was again taken up. Representative Ryder offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2276 AMENDMENT NO. 2. Amend House Bill 2276 on page 2, line 5, by adding after "Section." the following: "The Department of Public Health may consult with a statewide organization representing registered professional nurses on preparing materials required by this Section."; and on page 3, by replacing lines 20 and 21 with the following: "Minors Act may execute a document (consistent with the Department of Public Health Uniform DNR Order Form) directing that"; and on page 4, line 11, after the comma, by inserting the following: "except for willful and wanton misconduct,". 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 1075. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1075 AMENDMENT NO. 1. Amend House Bill 1075 on page 1, line 7, by changing "and 5-122" to "5-122, and 5-123"; and on page 7 by inserting immediately below line 22 the following: "(e) Notwithstanding Section 5-111, if an Illinois or federal statute or regulation requires that the following disclosures or notices be provided to a consumer in connection with or subsequent to consummation of a consumer transaction, the disclosures or notices must be given in writing:
[April 3, 2001] 70 (1) the cancellation or termination of utility services (including water, heat, and power); (2) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (3) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); (4) recall of a product, or material failure of a product, that risks endangering health or safety; and (5) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials."; and on page 17 by inserting immediately below line 28 the following: "(5 ILCS 175/5-123 new) Sec. 5-123. Consent to electronic records. The provisions of Section 101(c)(1) of the Electronic Signatures in Global and National Commerce Act are hereby adopted as part of this Act.". Representative Ryder offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 1075 AMENDMENT NO. 2. Amend House Bill 1075, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Electronic Commerce Security Act is amended by changing Section 10-105 and adding Sections 5-106, 5-107, 5-108, 5-109, 5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-118, 5-119, 5-121, and 5-122 as follows: (5 ILCS 175/5-105) Sec. 5-105. Definitions. "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. "Asymmetric cryptosystem" means a computer-based system capable of generating and using a key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature. "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. "Certificate" means a record that at a minimum: (a) identifies the certification authority issuing it; (b) names or otherwise identifies its subscriber or a device or electronic agent under the control of the subscriber; (c) contains a public key that corresponds to a private key under the control of the subscriber; (d) specifies its operational period; and (e) is digitally signed by the certification authority issuing it. "Certification authority" means a person who authorizes and causes the issuance of a certificate. "Certification practice statement" is a statement published by a certification authority that specifies the policies or practices that the certification authority employs in issuing, managing, suspending, and revoking certificates and providing access to them. "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. "Contract" means the total legal obligation resulting from the parties' agreement as affected by this Act and other applicable law. "Correspond", with reference to keys, means to belong to the same
71 [April 3, 2001] key pair. "Digital signature" means a type of electronic signature created by transforming an electronic record using a message digest function and encrypting the resulting transformation with an asymmetric cryptosystem using the signer's private key such that any person having the initial untransformed electronic record, the encrypted transformation, and the signer's corresponding public key can accurately determine whether the transformation was created using the private key that corresponds to the signer's public key and whether the initial electronic record has been altered since the transformation was made. A digital signature is a security procedure. "Electronic" means relating to technology having
[April 3, 2001] 72 or other information relevant to certificates, including information relating to the status of a certificate. "Revoke a certificate" means to permanently end the operational period of a certificate from a specified time forward. "Rule of law" means any statute, ordinance, common law rule, court decision, or other rule of law enacted, established or promulgated by the State of Illinois, or any agency, commission, department, court, other authority or political subdivision of the State of Illinois. "Security procedure" means a
73 [April 3, 2001] a valid certificate, along with the appropriate message digest function and asymmetric cryptosystem, to evaluate a digitally signed electronic record, such that the result of the process concludes that the digital signature was created using the private key corresponding to the public key listed in the certificate and the electronic record has not been altered since its digital signature was created. (Source: P.A. 90-759, eff. 7-1-99.) (5 ILCS 175/5-106 new) Sec. 5-106. Scope. (a) Except as otherwise provided in subsection (b), this Act applies to electronic records and electronic signatures relating to a transaction. (b) This Act does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; (2) the Uniform Commercial Code other than Sections 1-107 and 1-206, Article 2, and Article 2A; (3) Section 3 of the Rental Property Utility Service Act, subsection (a) of Section 8-202 of the Public Utilities Act, or any other requirement in Illinois law that notice of termination of utility services (including water, heat, and power) to tenants or individual customers be in writing; (4) Section 15-1503 of the Code of Civil Procedure or any other statutory requirement that notice of default, acceleration, repossession, foreclosure, eviction, or the right to cure under a credit agreement secured by, or a rental agreement for, a primary residence of an individual be in writing; (5) any requirement in Illinois law that notice of cancellation or termination of health care insurance or benefits, or death or life insurance benefits (excluding annuities) under a program of insurance or coverage to an enrollee, patient, or individual insurance customer be in writing; (6) any requirement in Illinois law that any notice of recall of a product be provided to a consumer in writing; and (7) Section 6 of the Lead Poisoning Prevention Act, Sections 4 and 18 of the Illinois Pesticide Act, Section 9 of the Illinois Low-Level Radioactive Waste Management Act, Section 2-11 and subsection A of Section 2-15 of the Uniform Hazardous Substances Act of Illinois, and subsection (a) of Section 8 of the Toxic Substances Disclosure to Employees Act, or any other requirement in Illinois law that hazardous materials, pesticides, or other toxic substances be labeled for transport or handling. (c) This Act applies to an electronic record or electronic signature otherwise excluded from the application of this Act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b). (d) A transaction subject to this Act is also subject to other applicable substantive law. (e) No provision in this Act modifies, limits, or supersedes Section 101(c) of the Electronic Signatures in Global and National Commerce Act. (5 ILCS 175/5-107 new) Sec. 5-107. Prospective application. The changes made by the amendatory Act of the 92nd General Assembly applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this Act. (5 ILCS 175/5-108 new) Sec. 5-108. Use of electronic records and electronic signatures; variation by agreement. (a) This Act does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is
[April 3, 2001] 74 determined from the context and surrounding circumstances, including the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (d) Except as otherwise provided in this Act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this Act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this Act and other applicable law. (5 ILCS 175/5-109 new) Sec. 5-109. Construction and application. This Act must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate its general purpose to make uniform the law with respect to the subject of this Act among States enacting it. (5 ILCS 175/5-111 new) Sec. 5-111. Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law. (5 ILCS 175/5-112 new) Sec. 5-112. Provision of information in writing; presentation of records. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (b) If a law other than this Act requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply: (1) The record must be posted or displayed in the manner specified in the other law. (2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law. (3) The record must contain the information formatted in the manner specified in the other law. (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (d) The requirements of this Section may not be varied by agreement, but: (1) to the extent a law other than this Act requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by
75 [April 3, 2001] agreement; and (2) a requirement under a law other than this Act to send, communicate, or transmit a record by regular United States mail, may be varied by agreement to the extent permitted by the other law. (5 ILCS 175/5-113 new) Sec. 5-113. Attribution and effect of electronic record and electronic signature. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. (5 ILCS 175/5-114 new) Sec. 5-114. Effect of change or error. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record. (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) has not used or received any benefit or value from the consideration, if any, received from the other person. (3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any. (4) Paragraphs (2) and (3) may not be varied by agreement. (5 ILCS 175/5-116 new) Sec. 5-116. Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. (5 ILCS 175/5-117 new) Sec. 5-117. Retention of electronic records; originals. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible for later reference. (b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to
[April 3, 2001] 76 enable the record to be sent, communicated, or received. (c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a). (f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this Act specifically prohibits the use of an electronic record for the specified purpose. (g) This Section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. (5 ILCS 175/5-118 new) Sec. 5-118. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (5 ILCS 175/5-119 new) Sec. 5-119. Automated transaction. In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance. (3) The terms of the contract are determined by the substantive law applicable to it. (5 ILCS 175/5-121 new) Sec. 5-121. Time and place of sending and receipt. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) is in a form capable of being processed by that system; and (3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) it is in a form capable of being processed by that system. (c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d). (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be
77 [April 3, 2001] received at the recipient's place of business. For purposes of this subsection, the following rules apply: (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (e) An electronic record is received under subsection (b) even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement. (5 ILCS 175/5-122 new) Sec. 5-122. Transferable records. (a) In this Section, "transferable record" means an electronic record that: (1) would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a transferable record. (b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the person asserting control as: (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Section 1-201(20) of the Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under Section 3-302(a), 7-501, or 9-308 of the Uniform Commercial Code are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any
[April 3, 2001] 78 of the rights under this subsection. (e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code. (f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record. (5 ILCS 175/5-110 rep.) (5 ILCS 175/5-115 rep.) (5 ILCS 175/5-120 rep.) (5 ILCS 175/5-125 rep.) (5 ILCS 175/5-130 rep.) (5 ILCS 175/5-135 rep.) (5 ILCS 175/5-140 rep.) Section 10. The Electronic Commerce Security Act is amended by repealing Sections 5-110, 5-115, 5-120, 5-125, 5-130, 5-135, and 5-140.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 953. Having been printed, was taken up and read by title a second time. Representative Smith offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 953 AMENDMENT NO. 1. Amend House Bill 953 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Seed Law is amended by changing Section 4.2 as follows: (505 ILCS 110/4.2) (from Ch. 5, par. 404.2) Sec. 4.2. All agricultural seeds must be labeled with: (1) The name of the kind or kinds and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each except as provided by regulation: provided, that if the variety of those kinds generally labeled as to variety as designated in the regulations is not stated, the label shall show the name of the kind and the words, "Variety Not Stated". Hybrids shall be labeled as hybrids. (2) Lot number or other lot identification. (3) Origin (State or foreign country), if known, of alfalfa, red clover and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated. (4) Percentage by weight of all weed seeds except as provided by regulation. (5) The name and approximate number of each kind of restricted noxious weed seed, per pound in groups (a), (b), (c) and (d), when present singly or collectively in excess of (a) Eighty seeds or bulblets per pound of Agrostis spp., Poa spp., Rhodesgrass, Bermudagrass, timothy, orchardgrass, fine textured fescues, alsike and white clover, reed canarygrass, dallisgrass, and other agricultural seeds of similar size and weight, or mixtures within this group; (b) Thirty-two seeds or bulblets per pound of ryegrass, meadow and tall fescues, foxtail millet, crownvetch, alfalfa, red clover, sweetclovers, lespedezas, smooth bromegrass, crimson clover, flax,
79 [April 3, 2001] Agropyron spp., and other agricultural seeds of similar size and weight, or mixtures within this group, or of this group with (a); (c) Sixteen seeds or bulblets per pound of proso, Sudangrass and other agricultural seeds of similar size and weight, or mixtures not specified in (a), (b), or (d); (d) Four seeds or bulblets per pound of wheat, oats, rye, barley, buckwheat, sorghums (except Sudangrass), vetches and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group. (6) Percentage by weight of agricultural seeds (which may be designated as "crop seeds") other than those required to be named on the label. (7) Percentage by weight of inert matter. (8) For each named agricultural seed: (a) Percentage of germination, exclusive of hard or dormant seed. (b) Percentage of hard or dormant seeds, if present. (c) The calendar month and year the test was completed to determine such percentages. Following (a) and (b) the "total germination and hard or dormant seed" may be stated as such, if desired. (9) Name,
[April 3, 2001] 80 are being met in Illinois' public schools, a new State assessment system should be explored. (2) The new State assessment system must meet the needs of and have significance for Illinois' teachers and students. (3) The new State assessment system should be meaningful to higher education and employers. (4) The new State assessment system must be cost efficient. (5) The new State assessment system must ultimately result in less overall standardized testing. (6) Teachers must have a thorough knowledge base of the Illinois Learning Standards and the use of local and State assessments to improve student learning. (7) A series of State-sponsored, locally administered diagnostic assessments need to be available to school districts as well as their staffs. (8) The new State assessment must be aligned to the Illinois Learning Standards. (9) The new State assessment system must be well constructed, must be grade level appropriate with effective testing procedures, and must be able to be used by school districts as well as their staffs. (10) The new State assessment system must be kept in place for at least 5 years following its implementation. (11) The State Assessment System Review Committee must explore the potential of annual State assessment aligned to the Illinois Learning Standards. (c) The State Assessment System Review Committee is created, which shall consist of the following members: (1) One parent, appointed by the Illinois PTA Congress of Parents and Teachers. (2) One person appointed by the Governor. (3) One representative of the business community, appointed by the Illinois Business Education Coalition. (4) One representative from a regional office of education, appointed by the Illinois Association of Regional Superintendents of Schools. (5) One school board member, appointed by the Illinois Association of School Boards. (6) Four school administrators, with one administrator appointed by the Chicago Board of Education, one principal appointed by the Illinois Principals Association, one administrator appointed by the Large Unit District Association, and one administrator appointed by the Illinois Association of School Administrators. (7) Four teachers, with 2 appointed by the Illinois Education Association and 2 appointed by the Illinois Federation of Teachers. (8) Two representatives of higher education, one who is an expert in the field of assessment and one from admissions, appointed by the Chairperson of the Board of Higher Education. (9) The State Superintendent of Education or his or her designee. (d) Members of the State Assessment System Review Committee shall be initially appointed by October 1, 2001. Members shall serve 2-year terms. A chairperson of the Committee shall be selected by the appointed members from among its membership. The chairperson shall serve a 2-year term. The Committee shall meet at the call of the chairperson, who shall develop the agenda for the meetings with the advice of the members. (e) The State Assessment System Review Committee shall explore a State assessment system consistent with the General Assembly's findings and declarations under subsection (b) of this Section and the requirements of subsection (a-5) of Section 2-3.64 of this Code. The Committee shall be provided staff from the State Board of Education and outside sources with expertise in assessment, and such staff shall be directed by the chairperson of the Committee. Funding for the staffing shall be included in the State Board of Education's assessment budget.
81 [April 3, 2001] The Committee shall report its recommendations for the State assessment system to the Governor, General Assembly, and State Board of Education on or before January 1, 2003. Following its initial report, the Committee shall periodically meet to review the implementation of the State assessment system and ensure that the State assessment system meets the requirements of this Section. Following its initial report, the Committee shall issue an additional report to the Governor, General Assembly, and State Board of Education regarding the implementation of the State assessment system on or before January 1 of each even-numbered year. (Source: P.A. 89-184, eff. 7-19-95; 90-789, eff. 8-14-98.) 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 2807. Having been printed, was taken up and read by title a second time. Representative Capparelli offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2807 AMENDMENT NO. 1. Amend House Bill 2807 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Court of Claims Act is amended by changing Section 24 as follows: (705 ILCS 505/24) (from Ch. 37, par. 439.24) Sec. 24. Payment of awards. (1) From funds appropriated by the General Assembly for the purposes of this Section the Court may direct immediate payment of: (a) All claims arising solely as a result of the lapsing of an appropriation out of which the obligation could have been paid. (b) All claims pursuant to the "Law Enforcement Officers and Firemen Compensation Act", approved September 30, 1969, as amended. (c) All claims pursuant to the "Illinois National Guardsman's and Naval Militiaman's Compensation Act", approved August 12, 1971, as amended. (d) All claims pursuant to the "Crime Victims Compensation Act", approved August 23, 1973, as amended. (e) All other claims wherein the amount of the award of the Court is less than $5,000. (2) The court may, from funds specifically appropriated from the General Revenue Fund for this purpose, direct the payment of awards solely as a result of the lapsing of an appropriation originally made from any fund held by the State Treasurer. For any such award paid from the General Revenue Fund, the court shall thereafter seek an appropriation from the fund from which the liability originally accrued in reimbursement of the General Revenue Fund. (Source: P.A. 90-492, eff. 8-17-97.) 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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading.
[April 3, 2001] 82 HOUSE BILL 3525. Having been printed, was taken up and read by title a second time. Representative Schoenberg offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3525 AMENDMENT NO. 1. Amend House Bill 3525 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Housing Development Act is amended by changing Section 7 and adding Section 7.30 as follows: (20 ILCS 3805/7) (from Ch. 67 1/2, par. 307) Sec. 7. The Authority may exercise the powers set forth in Sections 7.1 through 7.30
83 [April 3, 2001] assessor's office, within 14 days of receipt, a copy of any application that requests exempt status under Section 15-40. (Source: P.A. 88-455.) (35 ILCS 200/15-10) Sec. 15-10. Exempt property; procedures for certification. All property granted an exemption by the Department pursuant to the requirements of Section 15-5 and described in the Sections following Section 15-30 and preceding Section 16-5, to the extent therein limited, is exempt from taxation. In order to maintain that exempt status,
[April 3, 2001] 84 performing the duties of their vocation as ministers at such churches or religious institutions or for such religious denominations,
85 [April 3, 2001] housing"; and on page 8, line 13, before "project", by inserting "multifamily rental housing"; and on page 8, below line 14, by inserting the following: "(q) "Multifamily rental housing" means any rental project designed for mixed-income or low-income occupancy.". 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 3073. Having been read by title a second time on March 30, 2001, and held on the order of Second Reading, the same was again taken up. On motion of Representative Bost, Amendment No. 1 was ordered to lie on the table. Representative Bost offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3073 AMENDMENT NO. 2. Amend House Bill 3073 as follows: on page 1, line 5, by replacing "Sections 15-101 and 15-113" with "Section 15-101"; and on page 1, line 29, after "fines", by inserting "relative to size, weight, and load limitations"; and on page 2, by deleting lines 6 through 33; and by deleting page 3; and on page 4, by deleting lines 1 through 3. 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. Having been read by title a second time on March 26, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 131. HOUSE BILL 242. Having been printed, was taken up and read by title a second time. Committee Amendment No. 1 was tabled in the Committee on Elementary & Secondary Education. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 3024. 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 Daniels offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 3024 AMENDMENT NO. 3. Amend House Bill 3024, AS AMENDED, by replacing the title with the following: "AN ACT concerning land disclosure."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Airport and Correctional Facility Land Disclosure Act.
[April 3, 2001] 86 Section 5. Disclosure required. Neither the State nor any unit of local government may enter into any agreement or understanding for the use or acquisition of land that is intended to be used or acquired for airport purposes or for a correctional facility unless full disclosure of all beneficial interests in the land is made under this Act. Section 10. Beneficial interests. Each holder of any beneficial interest in the land, including without limitation beneficial interests in a land trust, must be disclosed, including both individuals and other entities. If any beneficial interest is held by an entity, other than an entity whose shares are publicly traded, and not by an individual, then all the holders of any beneficial interest in that entity must be disclosed. This requirement continues at each level of holders of beneficial interests until all beneficial interests of all individuals in all entities, other than entities whose shares are publicly traded, have been disclosed. Section 15. Written statement. Disclosure must be made by a written statement filed with the appropriate State agency or unit of local government contemporaneously with the execution of the agreement or understanding. Each individual and entity must be disclosed by name and address and by a description of the interest held, including the percentage interest in the land held by the individual or entity. The statement must be verified, subject to penalty of perjury, by the individual who holds the greatest percentage of beneficial interest in the land. Section 20. Recordation. The State agency or unit of local government must file the statement of record with the recorder of each county in which any part of the land is located within 3 business days after the statement is filed with the State agency or unit of local government. Section 25. Agreements and understandings void. Any agreement or understanding in violation of this Act is void. Section 30. Other disclosure requirements. The disclosure required under this Act is in addition to, and not in lieu of, any other disclosure required by law. 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. 3 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 231. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 231 AMENDMENT NO. 1. Amend House Bill 231 as follows: on page 2, by deleting lines 22 through 30; and by deleting all of pages 3 through 7; and on page 8, by deleting lines 1 through 7; and by deleting all of page 9. 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 644. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Labor, adopted and printed:
87 [April 3, 2001] AMENDMENT NO. 1 TO HOUSE BILL 644 AMENDMENT NO. 1. Amend House Bill 644, on page 2, line 8, by inserting after the period the following: "Only contracts to be performed in counties with a population of more than 115,000 may be designated under the Act.". 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 John Jones, HOUSE BILL 902 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading. On motion of Representative John Jones, Amendment No. 2. was ordered to lie on the table. There being no further amendments, the bill was again advanced to the order of Third Reading. By unanimous consent, on motion of Representative Burke, HOUSE BILL 280 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 927. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Conservation & Land Use, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 927 AMENDMENT NO. 1. Amend House Bill 927 on page 1, line 11, by replacing "and (iii)" with the following: "(iii) analyze current groundwater withdrawals; and (iv)". Floor Amendment No. 2 remained in the Committee on Rules. 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 read by title a second time on March 26, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 2382. 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 Kenner, HOUSE BILL 2235 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:
[April 3, 2001] 88 113, Yeas; 0, Nays; 0, 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 Miller, HOUSE BILL 2564 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. HOUSE BILLS ON SECOND READING HOUSE BILL 521. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Health Care Availability & Access, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 521 AMENDMENT NO. 1. Amend House Bill 521 on page 1, line 6, by changing "10," to "10, 13.2,"; and on page 22, line 14, by changing "government" to "government, domestic violence shelter or service,"; and on page 26 by replacing lines 6 and 7 with the following: "deposited into the Small Employers Health Insurance Reserve Fund. The Small Employers Health Insurance Reserve Fund shall be a continuing fund not subject to fiscal year limitations. All expenditures from this fund shall be used for payments for health care benefits for self-employed persons and employees of qualified small businesses and their annuitants and dependents and to reimburse the Department or its administrative service organization for all expenses incurred in the administration of benefits. No other State funds may be used for these purposes."; and on page 27 by inserting immediately below line 1 the following: "(5 ILCS 375/13.2) (from Ch. 127, par. 533.2) Sec. 13.2. Insurance reserve funds; investments. All amounts held in the Health Insurance Reserve Fund, the Group Insurance Premium Fund, the Small Employers Health Insurance Reserve Fund, and the Local Government Health Insurance Reserve Fund shall be invested, at interest, by the State Treasurer. The investments shall be subject to terms, conditions, and limitations imposed by the laws of Illinois on State funds. All income derived from the investments shall accrue and be deposited to the respective funds no less frequently than quarterly. The Health Insurance Reserve Fund, the Small Employers Health Insurance Reserve Fund, and the Local Government Health Insurance Reserve Fund shall be administered by the Director. (Source: P.A. 91-390, eff. 7-30-99.)"; and on page 28 by inserting immediately below line 28 the following: "Section 10. The State Finance Act is amended by changing Section 25 as follows: (30 ILCS 105/25) (from Ch. 127, par. 161) Sec. 25. Fiscal year limitations. (a) All appropriations shall be available for expenditure for the fiscal year or for a lesser period if the Act making that appropriation so specifies. A deficiency or emergency appropriation shall be available for expenditure only through June 30 of the year when the Act making that appropriation is enacted unless that Act otherwise provides.
89 [April 3, 2001] (b) Outstanding liabilities as of June 30, payable from appropriations which have otherwise expired, may be paid out of the expiring appropriations during the 2-month period ending at the close of business on August 31. Any service involving professional or artistic skills or any personal services by an employee whose compensation is subject to income tax withholding must be performed as of June 30 of the fiscal year in order to be considered an "outstanding liability as of June 30" that is thereby eligible for payment out of the expiring appropriation. However, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code may be made by the State Board of Education from its appropriations for those respective purposes for any fiscal year, even though the claims reimbursed by the payment may be claims attributable to a prior fiscal year, and payments may be made at the direction of the State Superintendent of Education from the fund from which the appropriation is made without regard to any fiscal year limitations. Medical payments may be made by the Department of Veterans' Affairs from its appropriations for those purposes for any fiscal year, without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year. Medical payments may be made by the Department of Public Aid and child care payments may be made by the Department of Human Services (as successor to the Department of Public Aid) from appropriations for those purposes for any fiscal year, without regard to the fact that the medical or child care services being compensated for by such payment may have been rendered in a prior fiscal year; and payments may be made at the direction of the Department of Central Management Services from the Health Insurance Reserve Fund, the Small Employers Health Insurance Reserve Fund, and the Local Government Health Insurance Reserve Fund without regard to any fiscal year limitations. Additionally, payments may be made by the Department of Human Services from its appropriations, or any other State agency from its appropriations with the approval of the Department of Human Services, from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986, without regard to any fiscal year limitations. (c) Further, payments may be made by the Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) from their respective appropriations for grants for medical care to or on behalf of persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program, for any fiscal year without regard to the fact that the services being compensated for by such payment may have been rendered in a prior fiscal year. (d) The Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services provided in any prior fiscal year. This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years. (e) The Department of Public Aid and the Department of Human Services (acting as successor to the Department of Public Aid) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before November 30, a
[April 3, 2001] 90 report that shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for (i) services provided in prior fiscal years and (ii) services for which claims were received in prior fiscal years. (f) The Department of Human Services (as successor to the Department of Public Aid) shall annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services (other than medical care) provided in any prior fiscal year. This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years. (g) In addition, each annual report required to be submitted by the Department of Public Aid under subsection (e) shall include the following information with respect to the State's Medicaid program: (1) Explanations of the exact causes of the variance between the previous year's estimated and actual liabilities. (2) Factors affecting the Department of Public Aid's liabilities, including but not limited to numbers of aid recipients, levels of medical service utilization by aid recipients, and inflation in the cost of medical services. (3) The results of the Department's efforts to combat fraud and abuse. (h) As provided in Section 4 of the General Assembly Compensation Act, any utility bill for service provided to a General Assembly member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year. (i) An agency which administers a fund classified by the Comptroller as an internal service fund may issue rules for: (1) billing user agencies in advance based on estimated charges for goods or services; (2) issuing credits during the subsequent fiscal year for all user agency payments received during the prior fiscal year which were in excess of the final amounts owed by the user agency for that period; and (3) issuing catch-up billings to user agencies during the subsequent fiscal year for amounts remaining due when payments received from the user agency during the prior fiscal year were less than the total amount owed for that period. User agencies are authorized to reimburse internal service funds for catch-up billings by vouchers drawn against their respective appropriations for the fiscal year in which the catch-up billing was issued. (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff. 7-23-97.)". AMENDMENT NO. 2 TO HOUSE BILL 521 AMENDMENT NO. 2. Amend House Bill 521, AS AMENDED, by inserting immediately below the last line of Section 10 of the bill the following: "Section 99. Effective date. This Act takes effect on January 1, 2003.". 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. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by
91 [April 3, 2001] title a first time and placed in the Committee on Rules: SENATE BILLS 113, 170, 252, 290, 326, 376, 405, 464, 493, 530, 534, 610, 615, 624, 686, 698, 824, 827, 830, 912, 984, 1048, 1080, 1104, 1234 and 1486. At the hour of 3:16 o'clock p.m., Representative Lang moved that the House do now adjourn until Wednesday, April 4, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[April 3, 2001] 92 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 03, 2001 0 YEAS 0 NAYS 114 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 P 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 P DURKIN P LAWFER P PERSICO P MR. SPEAKER P ERWIN P LEITCH E - Denotes Excused Absence
93 [April 3, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3050 SCH CD-ST AID-FOUNDATION LEVEL THIRD READING PASSED APR 03, 2001 110 YEAS 1 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E CURRY Y KENNER Y O'BRIEN Y WINTERS Y 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 94 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3148 ELEC CD-REGISTRATION INFO THIRD READING PASSED APR 03, 2001 110 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
95 [April 3, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3149 ELEC-REGISTRATION FORMS THIRD READING PASSED APR 03, 2001 74 YEAS 36 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE Y BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST A 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 Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT A 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 N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL E CURRY Y KENNER Y O'BRIEN N WINTERS A DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 3, 2001] 96 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1982 ELEC CD-VOTERS PAMPHLET THIRD READING PASSED APR 03, 2001 67 YEAS 42 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN N REITZ N BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK P FOWLER Y MATHIAS N RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST A 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 Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT A 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 N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL E CURRY Y KENNER Y O'BRIEN N WINTERS A DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
97 [April 3, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 980 INS COVER CONTRACEPTIVES THIRD READING PASSED APR 03, 2001 70 YEAS 36 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY P LYONS,JOSEPH N RIGHTER N BELLOCK N FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO N RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND P GILES N McCARTHY E SCHMITZ Y BOST A GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY N BROSNAHAN N HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH P BUGIELSKI N HOEFT A MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO P CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN A MURPHY N TURNER,JOHN N CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL E CURRY Y KENNER Y O'BRIEN N WINTERS A DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 3, 2001] 98 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 934 VEH CD-SOS POLICE POWERS THIRD READING PASSED APR 03, 2001 103 YEAS 4 NAYS 3 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 N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY P SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS P HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL E 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 P YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
99 [April 3, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 572 PHYSICAL THERAPY-CONTINUING ED THIRD READING PASSED APR 03, 2001 110 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 100 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3162 LIQ CONTROL-COMPLIANCE ACTIONS THIRD READING PASSED APR 03, 2001 96 YEAS 13 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT A MITCHELL,BILL N 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 N HULTGREN Y MORROW Y TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL E 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 Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
101 [April 3, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 163 PETRO RESOURCE BD ASSESSMENT THIRD READING PASSED APR 03, 2001 109 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 102 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2425 SCH CD-SUBSTITUTE TEACH LIMIT THIRD READING PASSED APR 03, 2001 110 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
103 [April 3, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 58 INCOME TAX DEDUCTION-RESERVIST THIRD READING PASSED APR 03, 2001 110 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 104 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2563 CRIM JUSTICE INFO AUTH-MEMBERS THIRD READING PASSED APR 03, 2001 108 YEAS 0 NAYS 2 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 A MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY P SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 P DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
105 [April 3, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1889 INS HOSPITAL FOR DENTAL THIRD READING PASSED APR 03, 2001 100 YEAS 10 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 N HOEFT Y 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 Y COULSON N HULTGREN N MORROW Y TENHOUSE N COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E CURRY Y KENNER Y O'BRIEN Y WINTERS A DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 3, 2001] 106 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1905 COMM COLL-DOWNST TREASUR BOND THIRD READING PASSED APR 03, 2001 110 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E 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 A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
107 [April 3, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2054 LAND USE INITIATIVE ACT THIRD READING PASSED APR 03, 2001 82 YEAS 30 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY E SCHMITZ N BOST A GRANBERG Y McGUIRE N SCHOENBERG Y BRADLEY Y HAMOS Y McKEON A SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT N MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE N 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 Y MORROW N TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN A MURPHY N TURNER,JOHN N CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL E CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER N O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND N WOJCIK N 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 108 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 776 HORSE RACE-THOROUGHBRED REPORT THIRD READING PASSED APR 03, 2001 112 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E CURRY Y KENNER Y O'BRIEN Y WINTERS Y 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
109 [April 3, 2001] NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3392 DISABLITY-WORKFORCE TASK FORCE THIRD READING PASSED APR 03, 2001 111 YEAS 1 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 E CURRY Y KENNER Y O'BRIEN Y WINTERS Y 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 N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 3, 2001] 110 NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2235 ST EMPLOYEES-SHIELDS THIRD READING PASSED APR 03, 2001 113 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y BOST A 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y 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 Y 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
111 [April 3, 2001] NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2564 MOTOR VEHICLE FRANCHISE THIRD READING PASSED APR 03, 2001 113 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 Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ Y 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 Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y 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 Y 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 Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence