STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
40TH LEGISLATIVE DAY
WEDNESDAY, APRIL 4, 2001
11:00 O'CLOCK A.M.
NO. 40
[April 4, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 40th Legislative Day Action Page(s) Adjournment........................................ 205 Change of Sponsorship.............................. 35 Committee on Rules Referrals....................... 28 Fiscal Note Requested.............................. 30 Fiscal Note Withdrawn.............................. 30 Fiscal Notes Supplied.............................. 30 Home Rule Note Requested........................... 30 Home Rule Note Withdrawn........................... 30 Introduction and First Reading - HB3621-3621....... 39 Letter of Transmittal.............................. 27 Quorum Roll Call................................... 27 Recess............................................. 44 State Debt Impact Note Supplied.................... 30 State Debt Impact Note Withdrawn................... 30 State Mandate Note Withdrawn....................... 30 State Mandates Note Supplied....................... 30 Bill Number Legislative Action Page(s) HB 0006 Action on Motion................................... 187 HB 0006 Motion Submitted................................... 29 HB 0008 Action on Motion................................... 46 HB 0008 Motion Submitted................................... 29 HB 0034 Second Reading..................................... 44 HB 0047 Second Reading..................................... 44 HB 0057 Action on Motion................................... 48 HB 0057 Motion Submitted................................... 29 HB 0063 Second Reading..................................... 204 HB 0086 Second Reading..................................... 204 HB 0135 Third Reading - CPP................................ 44 HB 0170 Second Reading..................................... 44 HB 0175 Second Reading..................................... 204 HB 0199 Second Reading..................................... 44 HB 0203 Second Reading..................................... 44 HB 0204 Second Reading..................................... 44 HB 0210 Third Reading...................................... 47 HB 0211 Third Reading...................................... 47 HB 0220 Second Reading..................................... 204 HB 0231 Third Reading...................................... 41 HB 0236 Recall............................................. 196 HB 0237 Second Reading..................................... 44 HB 0241 Committee Report-Floor Amendment/s................. 27 HB 0241 Recall............................................. 173 HB 0242 Third Reading...................................... 41 HB 0246 Second Reading..................................... 204 HB 0252 Second Reading..................................... 44 HB 0256 Second Reading..................................... 204 HB 0263 Second Reading..................................... 44 HB 0268 Second Reading..................................... 204 HB 0273 Second Reading..................................... 44 HB 0279 Recall............................................. 196 HB 0280 Committee Report-Floor Amendment/s................. 27 HB 0280 Second Reading - Amendment/s....................... 76 HB 0282 Third Reading...................................... 42 HB 0330 Second Reading..................................... 44 HB 0334 Third Reading...................................... 47 HB 0342 Second Reading..................................... 44
3 [April 4, 2001] Bill Number Legislative Action Page(s) HB 0346 Second Reading..................................... 44 HB 0347 Second Reading..................................... 44 HB 0350 Second Reading..................................... 44 HB 0356 Second Reading..................................... 44 HB 0359 Second Reading..................................... 44 HB 0375 Second Reading..................................... 204 HB 0377 Second Reading..................................... 204 HB 0380 Second Reading..................................... 44 HB 0381 Second Reading..................................... 44 HB 0389 Second Reading..................................... 204 HB 0392 Second Reading..................................... 204 HB 0401 Second Reading..................................... 204 HB 0403 Committee Report-Floor Amendment/s................. 27 HB 0403 Committee Report-Floor Amendment/s................. 28 HB 0403 Recall............................................. 196 HB 0403 Second Reading - Amendment/s....................... 72 HB 0423 Second Reading..................................... 44 HB 0424 Second Reading..................................... 44 HB 0475 Committee Report-Floor Amendment/s................. 27 HB 0475 Second Reading..................................... 44 HB 0475 Second Reading..................................... 44 HB 0475 Second Reading - Amendment/s....................... 192 HB 0487 Second Reading..................................... 204 HB 0497 Second Reading - Amendment/s....................... 74 HB 0499 Second Reading..................................... 44 HB 0521 Third Reading...................................... 40 HB 0524 Third Reading...................................... 42 HB 0546 Committee Report-Floor Amendment/s................. 27 HB 0546 Second Reading - Amendment/s....................... 76 HB 0548 Second Reading..................................... 204 HB 0570 Second Reading..................................... 204 HB 0573 Second Reading..................................... 204 HB 0579 Second Reading..................................... 204 HB 0580 Second Reading..................................... 204 HB 0582 Second Reading..................................... 204 HB 0601 Second Reading..................................... 44 HB 0618 Second Reading..................................... 204 HB 0623 Second Reading..................................... 204 HB 0631 Second Reading..................................... 44 HB 0632 Committee Report-Floor Amendment/s................. 33 HB 0632 Second Reading - Amendment/s....................... 52 HB 0640 Second Reading..................................... 44 HB 0644 Third Reading...................................... 43 HB 0646 Third Reading...................................... 47 HB 0649 Second Reading..................................... 44 HB 0660 Second Reading..................................... 44 HB 0664 Second Reading..................................... 44 HB 0665 Second Reading..................................... 44 HB 0666 Second Reading..................................... 44 HB 0667 Second Reading..................................... 44 HB 0668 Second Reading..................................... 44 HB 0671 Second Reading..................................... 204 HB 0676 Second Reading..................................... 44 HB 0705 Action on Motion................................... 197 HB 0711 Second Reading..................................... 204 HB 0742 Second Reading..................................... 204 HB 0762 Second Reading..................................... 204 HB 0774 Second Reading..................................... 44 HB 0778 Third Reading...................................... 44 HB 0822 Second Reading..................................... 44 HB 0827 Committee Report-Floor Amendment/s................. 35 HB 0827 Second Reading - Amendment/s....................... 197 HB 0827 Second Reading..................................... 44 HB 0828 Second Reading..................................... 44
[April 4, 2001] 4 Bill Number Legislative Action Page(s) HB 0843 Third Reading...................................... 48 HB 0850 Committee Report-Floor Amendment/s................. 27 HB 0850 Second Reading - Amendment/s....................... 76 HB 0852 Second Reading..................................... 204 HB 0855 Second Reading..................................... 44 HB 0856 Second Reading..................................... 44 HB 0859 Committee Report-Floor Amendment/s................. 34 HB 0859 Second Reading - Amendment/s....................... 198 HB 0868 Second Reading..................................... 204 HB 0893 Committee Report-Floor Amendment/s................. 34 HB 0893 Second Reading - Amendment/s....................... 203 HB 0904 Third Reading...................................... 42 HB 0911 Second Reading..................................... 204 HB 0919 Second Reading..................................... 204 HB 0920 Second Reading..................................... 44 HB 0926 Second Reading..................................... 44 HB 0927 Third Reading...................................... 40 HB 0975 Second Reading..................................... 204 HB 1015 Second Reading..................................... 204 HB 1023 Third Reading...................................... 41 HB 1042 Second Reading..................................... 44 HB 1043 Second Reading..................................... 44 HB 1081 Third Reading...................................... 41 HB 1091 Second Reading..................................... 204 HB 1092 Second Reading..................................... 204 HB 1093 Second Reading..................................... 204 HB 1099 Second Reading..................................... 204 HB 1101 Second Reading..................................... 44 HB 1102 Second Reading..................................... 44 HB 1103 Second Reading..................................... 44 HB 1104 Second Reading..................................... 44 HB 1105 Second Reading..................................... 44 HB 1106 Second Reading..................................... 44 HB 1107 Second Reading..................................... 44 HB 1108 Second Reading..................................... 44 HB 1109 Second Reading..................................... 44 HB 1110 Second Reading..................................... 44 HB 1111 Second Reading..................................... 44 HB 1112 Second Reading..................................... 44 HB 1113 Second Reading..................................... 44 HB 1114 Second Reading..................................... 44 HB 1115 Second Reading..................................... 44 HB 1116 Second Reading..................................... 44 HB 1117 Second Reading..................................... 44 HB 1118 Second Reading..................................... 44 HB 1119 Second Reading..................................... 44 HB 1120 Second Reading..................................... 44 HB 1121 Second Reading..................................... 44 HB 1122 Second Reading..................................... 44 HB 1123 Second Reading..................................... 44 HB 1124 Second Reading..................................... 44 HB 1125 Second Reading..................................... 44 HB 1126 Second Reading..................................... 44 HB 1127 Second Reading..................................... 44 HB 1128 Second Reading..................................... 44 HB 1129 Second Reading..................................... 44 HB 1130 Second Reading..................................... 44 HB 1131 Second Reading..................................... 44 HB 1132 Second Reading..................................... 44 HB 1133 Second Reading..................................... 44 HB 1134 Second Reading..................................... 44 HB 1135 Second Reading..................................... 44 HB 1136 Second Reading..................................... 44 HB 1137 Second Reading..................................... 44
5 [April 4, 2001] Bill Number Legislative Action Page(s) HB 1138 Second Reading..................................... 44 HB 1139 Second Reading..................................... 44 HB 1140 Second Reading..................................... 44 HB 1141 Second Reading..................................... 44 HB 1142 Second Reading..................................... 44 HB 1143 Second Reading..................................... 44 HB 1144 Second Reading..................................... 44 HB 1145 Second Reading..................................... 44 HB 1146 Second Reading..................................... 44 HB 1148 Second Reading..................................... 44 HB 1149 Second Reading..................................... 44 HB 1150 Second Reading..................................... 44 HB 1151 Second Reading..................................... 44 HB 1152 Second Reading..................................... 44 HB 1153 Second Reading..................................... 44 HB 1154 Second Reading..................................... 44 HB 1155 Second Reading..................................... 44 HB 1156 Second Reading..................................... 44 HB 1157 Second Reading..................................... 44 HB 1158 Second Reading..................................... 44 HB 1159 Second Reading..................................... 44 HB 1160 Second Reading..................................... 44 HB 1161 Second Reading..................................... 44 HB 1162 Second Reading..................................... 44 HB 1163 Second Reading..................................... 44 HB 1164 Second Reading..................................... 44 HB 1165 Second Reading..................................... 44 HB 1166 Second Reading..................................... 44 HB 1167 Second Reading..................................... 44 HB 1168 Second Reading..................................... 44 HB 1169 Second Reading..................................... 44 HB 1170 Second Reading..................................... 44 HB 1171 Second Reading..................................... 44 HB 1172 Second Reading..................................... 44 HB 1174 Second Reading..................................... 44 HB 1175 Second Reading..................................... 44 HB 1176 Second Reading..................................... 44 HB 1177 Second Reading..................................... 44 HB 1178 Second Reading..................................... 44 HB 1179 Second Reading..................................... 44 HB 1180 Second Reading..................................... 44 HB 1181 Second Reading..................................... 44 HB 1182 Second Reading..................................... 44 HB 1183 Second Reading..................................... 44 HB 1184 Second Reading..................................... 44 HB 1185 Second Reading..................................... 44 HB 1186 Second Reading..................................... 44 HB 1187 Second Reading..................................... 44 HB 1188 Second Reading..................................... 44 HB 1189 Second Reading..................................... 44 HB 1190 Second Reading..................................... 44 HB 1191 Second Reading..................................... 44 HB 1192 Second Reading..................................... 44 HB 1193 Second Reading..................................... 44 HB 1194 Second Reading..................................... 44 HB 1195 Second Reading..................................... 44 HB 1196 Second Reading..................................... 44 HB 1197 Second Reading..................................... 44 HB 1198 Second Reading..................................... 44 HB 1199 Second Reading..................................... 44 HB 1200 Second Reading..................................... 44 HB 1201 Second Reading..................................... 44 HB 1202 Second Reading..................................... 44 HB 1203 Second Reading..................................... 44
[April 4, 2001] 6 Bill Number Legislative Action Page(s) HB 1204 Second Reading..................................... 44 HB 1205 Second Reading..................................... 44 HB 1206 Second Reading..................................... 44 HB 1207 Second Reading..................................... 44 HB 1208 Second Reading..................................... 44 HB 1209 Second Reading..................................... 44 HB 1210 Second Reading..................................... 44 HB 1211 Second Reading..................................... 44 HB 1212 Second Reading..................................... 44 HB 1213 Second Reading..................................... 44 HB 1214 Second Reading..................................... 44 HB 1215 Second Reading..................................... 44 HB 1216 Second Reading..................................... 44 HB 1217 Second Reading..................................... 44 HB 1218 Second Reading..................................... 44 HB 1219 Second Reading..................................... 44 HB 1220 Second Reading..................................... 44 HB 1221 Second Reading..................................... 44 HB 1222 Second Reading..................................... 44 HB 1223 Second Reading..................................... 44 HB 1224 Second Reading..................................... 44 HB 1225 Second Reading..................................... 44 HB 1226 Second Reading..................................... 44 HB 1227 Second Reading..................................... 44 HB 1228 Second Reading..................................... 44 HB 1229 Second Reading..................................... 44 HB 1230 Second Reading..................................... 44 HB 1231 Second Reading..................................... 44 HB 1232 Second Reading..................................... 44 HB 1233 Second Reading..................................... 44 HB 1234 Second Reading..................................... 44 HB 1235 Second Reading..................................... 44 HB 1236 Second Reading..................................... 44 HB 1237 Second Reading..................................... 44 HB 1238 Second Reading..................................... 44 HB 1239 Second Reading..................................... 44 HB 1240 Second Reading..................................... 44 HB 1241 Second Reading..................................... 44 HB 1242 Second Reading..................................... 44 HB 1243 Second Reading..................................... 44 HB 1244 Second Reading..................................... 44 HB 1245 Second Reading..................................... 44 HB 1246 Second Reading..................................... 44 HB 1247 Second Reading..................................... 44 HB 1248 Second Reading..................................... 44 HB 1249 Second Reading..................................... 44 HB 1250 Second Reading..................................... 44 HB 1251 Second Reading..................................... 44 HB 1252 Second Reading..................................... 44 HB 1253 Second Reading..................................... 44 HB 1254 Second Reading..................................... 44 HB 1255 Second Reading..................................... 44 HB 1256 Second Reading..................................... 44 HB 1257 Second Reading..................................... 44 HB 1258 Second Reading..................................... 44 HB 1259 Second Reading..................................... 44 HB 1260 Second Reading..................................... 44 HB 1261 Second Reading..................................... 44 HB 1262 Second Reading..................................... 44 HB 1263 Second Reading..................................... 44 HB 1264 Second Reading..................................... 44 HB 1265 Second Reading..................................... 44 HB 1266 Second Reading..................................... 44 HB 1267 Second Reading..................................... 44
7 [April 4, 2001] Bill Number Legislative Action Page(s) HB 1268 Second Reading..................................... 44 HB 1269 Second Reading..................................... 44 HB 1270 Second Reading..................................... 44 HB 1271 Second Reading..................................... 44 HB 1272 Second Reading..................................... 44 HB 1273 Second Reading..................................... 44 HB 1274 Second Reading..................................... 44 HB 1275 Second Reading..................................... 44 HB 1276 Second Reading..................................... 44 HB 1278 Second Reading..................................... 44 HB 1279 Second Reading..................................... 44 HB 1280 Second Reading..................................... 44 HB 1281 Second Reading..................................... 44 HB 1282 Second Reading..................................... 44 HB 1283 Second Reading..................................... 44 HB 1284 Second Reading..................................... 44 HB 1285 Second Reading..................................... 44 HB 1286 Second Reading..................................... 44 HB 1287 Second Reading..................................... 44 HB 1288 Second Reading..................................... 44 HB 1289 Second Reading..................................... 44 HB 1290 Second Reading..................................... 44 HB 1291 Second Reading..................................... 44 HB 1292 Second Reading..................................... 44 HB 1293 Second Reading..................................... 44 HB 1294 Second Reading..................................... 44 HB 1295 Second Reading..................................... 44 HB 1296 Second Reading..................................... 44 HB 1297 Second Reading..................................... 44 HB 1298 Second Reading..................................... 44 HB 1299 Second Reading..................................... 44 HB 1300 Second Reading..................................... 44 HB 1301 Second Reading..................................... 44 HB 1302 Second Reading..................................... 44 HB 1303 Second Reading..................................... 44 HB 1304 Second Reading..................................... 44 HB 1305 Second Reading..................................... 44 HB 1306 Second Reading..................................... 44 HB 1307 Second Reading..................................... 44 HB 1308 Second Reading..................................... 44 HB 1309 Second Reading..................................... 44 HB 1310 Second Reading..................................... 44 HB 1311 Second Reading..................................... 44 HB 1312 Second Reading..................................... 44 HB 1313 Second Reading..................................... 44 HB 1314 Second Reading..................................... 44 HB 1315 Second Reading..................................... 44 HB 1316 Second Reading..................................... 44 HB 1317 Second Reading..................................... 44 HB 1318 Second Reading..................................... 44 HB 1319 Second Reading..................................... 44 HB 1320 Second Reading..................................... 44 HB 1321 Second Reading..................................... 44 HB 1322 Second Reading..................................... 44 HB 1323 Second Reading..................................... 44 HB 1324 Second Reading..................................... 44 HB 1325 Second Reading..................................... 44 HB 1326 Second Reading..................................... 44 HB 1327 Second Reading..................................... 44 HB 1328 Second Reading..................................... 44 HB 1329 Second Reading..................................... 44 HB 1330 Second Reading..................................... 44 HB 1331 Second Reading..................................... 44 HB 1332 Second Reading..................................... 44
[April 4, 2001] 8 Bill Number Legislative Action Page(s) HB 1333 Second Reading..................................... 44 HB 1334 Second Reading..................................... 44 HB 1335 Second Reading..................................... 44 HB 1336 Second Reading..................................... 44 HB 1337 Second Reading..................................... 44 HB 1338 Second Reading..................................... 44 HB 1339 Second Reading..................................... 44 HB 1340 Second Reading..................................... 44 HB 1341 Second Reading..................................... 44 HB 1342 Second Reading..................................... 44 HB 1343 Second Reading..................................... 44 HB 1344 Second Reading..................................... 44 HB 1345 Second Reading..................................... 44 HB 1346 Second Reading..................................... 44 HB 1347 Second Reading..................................... 44 HB 1348 Second Reading..................................... 44 HB 1349 Second Reading..................................... 44 HB 1350 Second Reading..................................... 44 HB 1351 Second Reading..................................... 44 HB 1352 Second Reading..................................... 44 HB 1353 Second Reading..................................... 44 HB 1354 Second Reading..................................... 44 HB 1355 Second Reading..................................... 44 HB 1356 Second Reading..................................... 44 HB 1357 Second Reading..................................... 44 HB 1358 Second Reading..................................... 44 HB 1359 Second Reading..................................... 44 HB 1360 Second Reading..................................... 44 HB 1361 Second Reading..................................... 44 HB 1362 Second Reading..................................... 44 HB 1363 Second Reading..................................... 44 HB 1364 Second Reading..................................... 44 HB 1365 Second Reading..................................... 44 HB 1366 Second Reading..................................... 44 HB 1367 Second Reading..................................... 44 HB 1368 Second Reading..................................... 44 HB 1369 Second Reading..................................... 44 HB 1370 Second Reading..................................... 44 HB 1371 Second Reading..................................... 44 HB 1372 Second Reading..................................... 44 HB 1373 Second Reading..................................... 44 HB 1374 Second Reading..................................... 44 HB 1375 Second Reading..................................... 44 HB 1376 Second Reading..................................... 44 HB 1377 Second Reading..................................... 44 HB 1378 Second Reading..................................... 44 HB 1379 Second Reading..................................... 44 HB 1380 Second Reading..................................... 44 HB 1381 Second Reading..................................... 44 HB 1382 Second Reading..................................... 44 HB 1383 Second Reading..................................... 44 HB 1384 Second Reading..................................... 44 HB 1385 Second Reading..................................... 44 HB 1386 Second Reading..................................... 44 HB 1387 Second Reading..................................... 44 HB 1388 Second Reading..................................... 44 HB 1389 Second Reading..................................... 44 HB 1390 Second Reading..................................... 44 HB 1391 Second Reading..................................... 44 HB 1392 Second Reading..................................... 44 HB 1393 Second Reading..................................... 44 HB 1394 Second Reading..................................... 44 HB 1395 Second Reading..................................... 44 HB 1396 Second Reading..................................... 44
9 [April 4, 2001] Bill Number Legislative Action Page(s) HB 1397 Second Reading..................................... 44 HB 1398 Second Reading..................................... 44 HB 1399 Second Reading..................................... 44 HB 1400 Second Reading..................................... 44 HB 1401 Second Reading..................................... 44 HB 1402 Second Reading..................................... 44 HB 1403 Second Reading..................................... 44 HB 1404 Second Reading..................................... 44 HB 1405 Second Reading..................................... 44 HB 1406 Second Reading..................................... 44 HB 1407 Second Reading..................................... 44 HB 1408 Second Reading..................................... 44 HB 1409 Second Reading..................................... 44 HB 1410 Second Reading..................................... 44 HB 1411 Second Reading..................................... 44 HB 1412 Second Reading..................................... 44 HB 1413 Second Reading..................................... 44 HB 1415 Second Reading..................................... 44 HB 1416 Second Reading..................................... 44 HB 1417 Second Reading..................................... 44 HB 1418 Second Reading..................................... 44 HB 1419 Second Reading..................................... 44 HB 1420 Second Reading..................................... 44 HB 1421 Second Reading..................................... 44 HB 1422 Second Reading..................................... 44 HB 1423 Second Reading..................................... 44 HB 1424 Second Reading..................................... 44 HB 1425 Second Reading..................................... 44 HB 1426 Second Reading..................................... 44 HB 1427 Second Reading..................................... 44 HB 1428 Second Reading..................................... 44 HB 1429 Second Reading..................................... 44 HB 1430 Second Reading..................................... 44 HB 1431 Second Reading..................................... 44 HB 1432 Second Reading..................................... 44 HB 1433 Second Reading..................................... 44 HB 1434 Second Reading..................................... 44 HB 1435 Second Reading..................................... 44 HB 1436 Second Reading..................................... 44 HB 1437 Second Reading..................................... 44 HB 1438 Second Reading..................................... 44 HB 1439 Second Reading..................................... 44 HB 1440 Second Reading..................................... 44 HB 1441 Second Reading..................................... 44 HB 1442 Second Reading..................................... 44 HB 1443 Second Reading..................................... 44 HB 1444 Second Reading..................................... 44 HB 1445 Second Reading..................................... 44 HB 1446 Second Reading..................................... 44 HB 1447 Second Reading..................................... 44 HB 1448 Second Reading..................................... 44 HB 1449 Second Reading..................................... 44 HB 1450 Second Reading..................................... 44 HB 1451 Second Reading..................................... 44 HB 1452 Second Reading..................................... 44 HB 1453 Second Reading..................................... 44 HB 1454 Second Reading..................................... 44 HB 1455 Second Reading..................................... 44 HB 1456 Second Reading..................................... 44 HB 1457 Third Reading...................................... 44 HB 1458 Second Reading..................................... 44 HB 1459 Second Reading..................................... 44 HB 1460 Second Reading..................................... 44 HB 1461 Second Reading..................................... 44
[April 4, 2001] 10 Bill Number Legislative Action Page(s) HB 1462 Second Reading..................................... 44 HB 1463 Second Reading..................................... 44 HB 1464 Second Reading..................................... 44 HB 1465 Second Reading..................................... 44 HB 1466 Second Reading..................................... 44 HB 1467 Second Reading..................................... 44 HB 1468 Second Reading..................................... 44 HB 1469 Second Reading..................................... 44 HB 1470 Second Reading..................................... 44 HB 1471 Second Reading..................................... 44 HB 1472 Second Reading..................................... 44 HB 1473 Second Reading..................................... 44 HB 1474 Second Reading..................................... 44 HB 1475 Second Reading..................................... 44 HB 1476 Second Reading..................................... 44 HB 1477 Second Reading..................................... 44 HB 1478 Second Reading..................................... 44 HB 1479 Second Reading..................................... 44 HB 1480 Second Reading..................................... 44 HB 1481 Second Reading..................................... 44 HB 1482 Second Reading..................................... 44 HB 1483 Second Reading..................................... 44 HB 1484 Second Reading..................................... 44 HB 1485 Second Reading..................................... 44 HB 1486 Second Reading..................................... 44 HB 1487 Second Reading..................................... 44 HB 1488 Second Reading..................................... 44 HB 1489 Second Reading..................................... 44 HB 1490 Second Reading..................................... 44 HB 1491 Second Reading..................................... 44 HB 1492 Second Reading..................................... 44 HB 1493 Second Reading..................................... 44 HB 1494 Second Reading..................................... 44 HB 1495 Second Reading..................................... 44 HB 1496 Second Reading..................................... 44 HB 1497 Second Reading..................................... 44 HB 1498 Second Reading..................................... 44 HB 1499 Second Reading..................................... 44 HB 1500 Second Reading..................................... 44 HB 1501 Second Reading..................................... 44 HB 1502 Second Reading..................................... 44 HB 1503 Second Reading..................................... 44 HB 1504 Second Reading..................................... 44 HB 1505 Second Reading..................................... 44 HB 1506 Second Reading..................................... 44 HB 1507 Second Reading..................................... 44 HB 1508 Second Reading..................................... 44 HB 1509 Second Reading..................................... 44 HB 1510 Second Reading..................................... 44 HB 1511 Second Reading..................................... 44 HB 1512 Second Reading..................................... 44 HB 1513 Second Reading..................................... 44 HB 1514 Second Reading..................................... 44 HB 1515 Second Reading..................................... 44 HB 1516 Second Reading..................................... 44 HB 1517 Second Reading..................................... 44 HB 1518 Second Reading..................................... 44 HB 1519 Second Reading..................................... 44 HB 1520 Second Reading..................................... 44 HB 1521 Second Reading..................................... 44 HB 1522 Second Reading..................................... 44 HB 1523 Second Reading..................................... 44 HB 1524 Second Reading..................................... 44 HB 1525 Second Reading..................................... 44
11 [April 4, 2001] Bill Number Legislative Action Page(s) HB 1526 Second Reading..................................... 44 HB 1527 Second Reading..................................... 44 HB 1528 Second Reading..................................... 44 HB 1529 Second Reading..................................... 44 HB 1530 Second Reading..................................... 44 HB 1531 Second Reading..................................... 44 HB 1532 Second Reading..................................... 44 HB 1533 Second Reading..................................... 44 HB 1534 Second Reading..................................... 44 HB 1535 Second Reading..................................... 44 HB 1536 Second Reading..................................... 44 HB 1537 Second Reading..................................... 44 HB 1538 Second Reading..................................... 44 HB 1539 Second Reading..................................... 44 HB 1540 Second Reading..................................... 44 HB 1541 Second Reading..................................... 44 HB 1542 Second Reading..................................... 44 HB 1543 Second Reading..................................... 44 HB 1544 Second Reading..................................... 44 HB 1545 Second Reading..................................... 44 HB 1546 Second Reading..................................... 44 HB 1547 Second Reading..................................... 44 HB 1548 Second Reading..................................... 44 HB 1549 Second Reading..................................... 44 HB 1550 Second Reading..................................... 44 HB 1552 Second Reading..................................... 44 HB 1553 Second Reading..................................... 44 HB 1554 Second Reading..................................... 44 HB 1555 Second Reading..................................... 44 HB 1556 Second Reading..................................... 44 HB 1557 Second Reading..................................... 44 HB 1558 Second Reading..................................... 44 HB 1559 Second Reading..................................... 44 HB 1560 Second Reading..................................... 44 HB 1561 Second Reading..................................... 44 HB 1562 Second Reading..................................... 44 HB 1563 Second Reading..................................... 44 HB 1564 Second Reading..................................... 44 HB 1565 Second Reading..................................... 44 HB 1566 Second Reading..................................... 44 HB 1567 Second Reading..................................... 44 HB 1568 Second Reading..................................... 44 HB 1569 Second Reading..................................... 44 HB 1570 Second Reading..................................... 44 HB 1571 Second Reading..................................... 44 HB 1572 Second Reading..................................... 44 HB 1573 Second Reading..................................... 44 HB 1574 Second Reading..................................... 44 HB 1575 Second Reading..................................... 44 HB 1576 Second Reading..................................... 44 HB 1577 Second Reading..................................... 44 HB 1578 Second Reading..................................... 44 HB 1579 Second Reading..................................... 44 HB 1580 Second Reading..................................... 44 HB 1581 Second Reading..................................... 44 HB 1582 Second Reading..................................... 44 HB 1583 Second Reading..................................... 44 HB 1584 Second Reading..................................... 44 HB 1585 Second Reading..................................... 44 HB 1586 Second Reading..................................... 44 HB 1587 Second Reading..................................... 44 HB 1588 Second Reading..................................... 44 HB 1589 Second Reading..................................... 44 HB 1590 Second Reading..................................... 44
[April 4, 2001] 12 Bill Number Legislative Action Page(s) HB 1591 Second Reading..................................... 44 HB 1592 Second Reading..................................... 44 HB 1593 Second Reading..................................... 44 HB 1594 Second Reading..................................... 44 HB 1595 Second Reading..................................... 44 HB 1596 Second Reading..................................... 44 HB 1597 Second Reading..................................... 44 HB 1598 Second Reading..................................... 44 HB 1599 Second Reading..................................... 44 HB 1600 Second Reading..................................... 44 HB 1601 Second Reading..................................... 44 HB 1602 Second Reading..................................... 44 HB 1603 Second Reading..................................... 44 HB 1604 Second Reading..................................... 44 HB 1605 Second Reading..................................... 44 HB 1606 Second Reading..................................... 44 HB 1607 Second Reading..................................... 44 HB 1608 Second Reading..................................... 44 HB 1609 Second Reading..................................... 44 HB 1610 Second Reading..................................... 44 HB 1611 Second Reading..................................... 44 HB 1612 Second Reading..................................... 44 HB 1613 Second Reading..................................... 44 HB 1614 Second Reading..................................... 44 HB 1615 Second Reading..................................... 44 HB 1616 Second Reading..................................... 44 HB 1617 Second Reading..................................... 44 HB 1618 Second Reading..................................... 44 HB 1619 Second Reading..................................... 44 HB 1620 Second Reading..................................... 44 HB 1621 Second Reading..................................... 44 HB 1622 Second Reading..................................... 44 HB 1623 Second Reading..................................... 44 HB 1624 Second Reading..................................... 44 HB 1625 Second Reading..................................... 44 HB 1626 Second Reading..................................... 44 HB 1627 Second Reading..................................... 44 HB 1628 Second Reading..................................... 44 HB 1629 Second Reading..................................... 44 HB 1630 Second Reading..................................... 44 HB 1631 Second Reading..................................... 44 HB 1632 Second Reading..................................... 44 HB 1633 Second Reading..................................... 44 HB 1634 Second Reading..................................... 44 HB 1635 Second Reading..................................... 44 HB 1636 Second Reading..................................... 44 HB 1637 Second Reading..................................... 44 HB 1638 Second Reading..................................... 44 HB 1639 Second Reading..................................... 44 HB 1640 Second Reading..................................... 44 HB 1641 Second Reading..................................... 44 HB 1642 Second Reading..................................... 44 HB 1643 Second Reading..................................... 44 HB 1644 Second Reading..................................... 44 HB 1645 Second Reading..................................... 44 HB 1646 Second Reading..................................... 44 HB 1647 Second Reading..................................... 44 HB 1648 Second Reading..................................... 44 HB 1649 Second Reading..................................... 44 HB 1650 Second Reading..................................... 44 HB 1651 Second Reading..................................... 44 HB 1652 Second Reading..................................... 44 HB 1653 Second Reading..................................... 44 HB 1654 Second Reading..................................... 44
13 [April 4, 2001] Bill Number Legislative Action Page(s) HB 1655 Second Reading..................................... 44 HB 1656 Second Reading..................................... 44 HB 1657 Second Reading..................................... 44 HB 1658 Second Reading..................................... 44 HB 1659 Second Reading..................................... 44 HB 1660 Second Reading..................................... 44 HB 1661 Second Reading..................................... 44 HB 1662 Second Reading..................................... 44 HB 1663 Second Reading..................................... 44 HB 1664 Second Reading..................................... 44 HB 1665 Second Reading..................................... 44 HB 1666 Second Reading..................................... 44 HB 1667 Second Reading..................................... 44 HB 1668 Second Reading..................................... 44 HB 1669 Second Reading..................................... 44 HB 1670 Second Reading..................................... 44 HB 1671 Second Reading..................................... 44 HB 1672 Second Reading..................................... 44 HB 1673 Second Reading..................................... 44 HB 1674 Second Reading..................................... 44 HB 1675 Second Reading..................................... 44 HB 1676 Second Reading..................................... 44 HB 1677 Second Reading..................................... 44 HB 1678 Second Reading..................................... 44 HB 1679 Second Reading..................................... 44 HB 1680 Second Reading..................................... 44 HB 1681 Second Reading..................................... 44 HB 1682 Second Reading..................................... 44 HB 1683 Second Reading..................................... 44 HB 1684 Second Reading..................................... 44 HB 1689 Second Reading..................................... 204 HB 1691 Second Reading..................................... 204 HB 1704 Second Reading..................................... 204 HB 1710 Committee Report-Floor Amendment/s................. 28 HB 1710 Second Reading - Amendment/s....................... 173 HB 1714 Motion Submitted................................... 30 HB 1714 Second Reading..................................... 204 HB 1715 Motion Submitted................................... 30 HB 1715 Second Reading..................................... 204 HB 1722 Committee Report-Floor Amendment/s................. 27 HB 1722 Second Reading - Amendment/s....................... 76 HB 1722 Third Reading...................................... 196 HB 1728 Second Reading..................................... 44 HB 1745 Second Reading..................................... 44 HB 1746 Second Reading..................................... 44 HB 1747 Second Reading..................................... 44 HB 1748 Second Reading..................................... 44 HB 1774 Second Reading..................................... 44 HB 1775 Second Reading..................................... 44 HB 1779 Second Reading..................................... 204 HB 1789 Second Reading - Amendment/s....................... 196 HB 1790 Second Reading..................................... 204 HB 1802 Second Reading..................................... 204 HB 1805 Second Reading..................................... 204 HB 1808 Second Reading..................................... 204 HB 1814 Committee Report-Floor Amendment/s................. 27 HB 1814 Second Reading - Amendment/s....................... 123 HB 1815 Second Reading..................................... 204 HB 1819 Third Reading...................................... 42 HB 1825 Committee Report-Floor Amendment/s................. 34 HB 1825 Second Reading - Amendment/s....................... 188 HB 1829 Second Reading..................................... 44 HB 1831 Second Reading..................................... 44 HB 1832 Second Reading..................................... 44
[April 4, 2001] 14 Bill Number Legislative Action Page(s) HB 1839 Second Reading..................................... 44 HB 1840 Second Reading..................................... 44 HB 1841 Second Reading..................................... 44 HB 1846 Second Reading..................................... 204 HB 1855 Second Reading..................................... 204 HB 1867 Second Reading..................................... 204 HB 1886 Third Reading...................................... 46 HB 1887 Second Reading..................................... 204 HB 1888 Second Reading..................................... 44 HB 1894 Second Reading..................................... 44 HB 1904 Recall............................................. 196 HB 1919 Second Reading..................................... 204 HB 1921 Third Reading...................................... 48 HB 1922 Second Reading..................................... 204 HB 1926 Committee Report-Floor Amendment/s................. 28 HB 1926 Committee Report-Floor Amendment/s................. 35 HB 1926 Second Reading - Amendment/s....................... 174 HB 1935 Second Reading..................................... 204 HB 1941 Motion Submitted................................... 29 HB 1941 Third Reading...................................... 42 HB 1945 Third Reading...................................... 42 HB 1949 Second Reading..................................... 44 HB 1950 Second Reading..................................... 44 HB 1959 Second Reading..................................... 44 HB 1961 Third Reading...................................... 47 HB 1969 Second Reading - Amendment/s....................... 72 HB 1975 Committee Report-Floor Amendment/s................. 27 HB 1975 Second Reading - Amendment/s....................... 77 HB 1978 Third Reading...................................... 40 HB 1999 Second Reading..................................... 204 HB 2016 Second Reading..................................... 204 HB 2017 Second Reading..................................... 44 HB 2020 Second Reading..................................... 44 HB 2021 Second Reading..................................... 44 HB 2064 Second Reading..................................... 204 HB 2077 Second Reading..................................... 44 HB 2085 Second Reading..................................... 44 HB 2098 Third Reading...................................... 48 HB 2099 Third Reading...................................... 40 HB 2110 Second Reading..................................... 46 HB 2115 Second Reading..................................... 204 HB 2117 Second Reading..................................... 204 HB 2119 Second Reading..................................... 204 HB 2122 Second Reading..................................... 44 HB 2125 Second Reading..................................... 44 HB 2131 Second Reading..................................... 204 HB 2133 Second Reading..................................... 204 HB 2134 Second Reading..................................... 204 HB 2135 Second Reading..................................... 204 HB 2136 Second Reading..................................... 204 HB 2137 Second Reading..................................... 44 HB 2138 Committee Report-Floor Amendment/s................. 27 HB 2138 Second Reading - Amendment/s....................... 123 HB 2139 Committee Report-Floor Amendment/s................. 27 HB 2139 Second Reading - Amendment/s....................... 138 HB 2141 Recall............................................. 196 HB 2141 Second Reading..................................... 44 HB 2146 Second Reading..................................... 204 HB 2147 Second Reading..................................... 204 HB 2148 Committee Report-Floor Amendment/s................. 27 HB 2148 Second Reading - Amendment/s....................... 138 HB 2162 Second Reading..................................... 204 HB 2193 Second Reading..................................... 204 HB 2196 Second Reading..................................... 44
15 [April 4, 2001] Bill Number Legislative Action Page(s) HB 2201 Second Reading..................................... 204 HB 2204 Committee Report-Floor Amendment/s................. 27 HB 2204 Second Reading - Amendment/s....................... 75 HB 2206 Second Reading..................................... 44 HB 2207 Second Reading..................................... 204 HB 2208 Second Reading..................................... 204 HB 2215 Second Reading..................................... 204 HB 2220 Second Reading..................................... 204 HB 2222 Second Reading..................................... 204 HB 2224 Second Reading..................................... 204 HB 2227 Second Reading..................................... 204 HB 2228 Committee Report-Floor Amendment/s................. 27 HB 2228 Second Reading - Amendment/s....................... 75 HB 2228 Second Reading..................................... 44 HB 2232 Second Reading..................................... 44 HB 2233 Third Reading...................................... 40 HB 2238 Second Reading..................................... 44 HB 2241 Second Reading..................................... 44 HB 2242 Second Reading..................................... 44 HB 2250 Second Reading..................................... 204 HB 2259 Second Reading..................................... 204 HB 2271 Second Reading..................................... 204 HB 2277 Second Reading..................................... 44 HB 2281 Second Reading..................................... 204 HB 2282 Second Reading..................................... 204 HB 2283 Second Reading..................................... 204 HB 2284 Third Reading...................................... 44 HB 2288 Second Reading..................................... 204 HB 2293 Second Reading..................................... 204 HB 2298 Committee Report-Floor Amendment/s................. 27 HB 2298 Second Reading - Amendment/s....................... 147 HB 2333 Second Reading..................................... 204 HB 2354 Second Reading..................................... 44 HB 2357 Second Reading..................................... 44 HB 2358 Committee Report-Floor Amendment/s................. 27 HB 2358 Second Reading - Amendment/s....................... 74 HB 2374 Second Reading..................................... 204 HB 2382 Recall............................................. 196 HB 2387 Second Reading..................................... 204 HB 2390 Recall............................................. 196 HB 2391 Third Reading...................................... 41 HB 2397 Second Reading..................................... 44 HB 2400 Second Reading..................................... 204 HB 2411 Second Reading..................................... 204 HB 2419 Committee Report-Floor Amendment/s................. 34 HB 2419 Second Reading - Amendment/s....................... 191 HB 2424 Second Reading..................................... 44 HB 2426 Second Reading..................................... 204 HB 2428 Second Reading..................................... 44 HB 2429 Second Reading..................................... 44 HB 2435 Second Reading - Amendment/s....................... 43 HB 2435 Second Reading..................................... 204 HB 2437 Second Reading - Amendment/s....................... 49 HB 2438 Committee Report-Floor Amendment/s................. 27 HB 2438 Second Reading - Amendment/s....................... 166 HB 2439 Second Reading..................................... 204 HB 2450 Second Reading..................................... 44 HB 2467 Second Reading..................................... 204 HB 2481 Second Reading..................................... 44 HB 2488 Second Reading..................................... 44 HB 2493 Second Reading..................................... 204 HB 2523 Committee Report-Floor Amendment/s................. 28 HB 2523 Second Reading - Amendment/s....................... 175 HB 2523 Second Reading..................................... 44
[April 4, 2001] 16 Bill Number Legislative Action Page(s) HB 2527 Second Reading - Amendment/s....................... 52 HB 2535 Third Reading...................................... 47 HB 2536 Second Reading..................................... 204 HB 2538 Second Reading..................................... 204 HB 2555 Second Reading..................................... 204 HB 2565 Recall............................................. 196 HB 2568 Second Reading..................................... 44 HB 2569 Second Reading..................................... 44 HB 2572 Second Reading..................................... 44 HB 2573 Second Reading..................................... 44 HB 2574 Second Reading..................................... 44 HB 2575 Recall............................................. 49 HB 2576 Second Reading..................................... 44 HB 2577 Second Reading..................................... 44 HB 2578 Second Reading..................................... 44 HB 2579 Second Reading..................................... 44 HB 2580 Second Reading..................................... 44 HB 2581 Second Reading..................................... 44 HB 2582 Second Reading..................................... 44 HB 2583 Second Reading..................................... 44 HB 2584 Second Reading..................................... 44 HB 2585 Second Reading..................................... 44 HB 2586 Second Reading..................................... 44 HB 2587 Second Reading..................................... 44 HB 2588 Second Reading..................................... 44 HB 2589 Second Reading..................................... 44 HB 2591 Second Reading..................................... 44 HB 2592 Second Reading..................................... 44 HB 2593 Second Reading..................................... 44 HB 2594 Second Reading..................................... 44 HB 2595 Second Reading..................................... 44 HB 2596 Second Reading..................................... 44 HB 2597 Second Reading..................................... 44 HB 2598 Second Reading..................................... 44 HB 2599 Second Reading..................................... 44 HB 2600 Second Reading..................................... 44 HB 2601 Second Reading..................................... 44 HB 2602 Second Reading..................................... 44 HB 2603 Second Reading..................................... 44 HB 2604 Second Reading..................................... 44 HB 2605 Second Reading..................................... 44 HB 2606 Second Reading..................................... 44 HB 2607 Second Reading..................................... 44 HB 2608 Second Reading..................................... 44 HB 2609 Second Reading..................................... 44 HB 2610 Second Reading..................................... 44 HB 2611 Second Reading..................................... 44 HB 2612 Second Reading..................................... 44 HB 2613 Second Reading..................................... 44 HB 2614 Second Reading..................................... 44 HB 2615 Second Reading..................................... 44 HB 2616 Second Reading..................................... 44 HB 2617 Second Reading..................................... 44 HB 2618 Second Reading..................................... 44 HB 2619 Second Reading..................................... 44 HB 2620 Second Reading..................................... 44 HB 2621 Second Reading..................................... 44 HB 2622 Second Reading..................................... 44 HB 2623 Second Reading..................................... 44 HB 2624 Second Reading..................................... 44 HB 2625 Second Reading..................................... 44 HB 2626 Second Reading..................................... 44 HB 2627 Second Reading..................................... 44 HB 2628 Second Reading..................................... 44
17 [April 4, 2001] Bill Number Legislative Action Page(s) HB 2629 Second Reading..................................... 44 HB 2630 Second Reading..................................... 44 HB 2631 Second Reading..................................... 44 HB 2632 Second Reading..................................... 44 HB 2633 Second Reading..................................... 44 HB 2634 Second Reading..................................... 44 HB 2635 Second Reading..................................... 44 HB 2636 Second Reading..................................... 44 HB 2637 Second Reading..................................... 44 HB 2638 Second Reading..................................... 44 HB 2639 Second Reading..................................... 44 HB 2640 Second Reading..................................... 44 HB 2641 Second Reading..................................... 44 HB 2642 Second Reading..................................... 44 HB 2643 Second Reading..................................... 44 HB 2644 Second Reading..................................... 44 HB 2645 Second Reading..................................... 44 HB 2646 Second Reading..................................... 44 HB 2647 Second Reading..................................... 44 HB 2648 Second Reading..................................... 44 HB 2649 Second Reading..................................... 44 HB 2650 Second Reading..................................... 44 HB 2651 Second Reading..................................... 44 HB 2652 Second Reading..................................... 44 HB 2653 Second Reading..................................... 44 HB 2654 Second Reading..................................... 44 HB 2655 Second Reading..................................... 44 HB 2656 Second Reading..................................... 44 HB 2657 Second Reading..................................... 44 HB 2658 Second Reading..................................... 44 HB 2659 Second Reading..................................... 44 HB 2660 Second Reading..................................... 44 HB 2661 Second Reading..................................... 44 HB 2662 Second Reading..................................... 44 HB 2663 Second Reading..................................... 44 HB 2664 Second Reading..................................... 44 HB 2665 Second Reading..................................... 44 HB 2666 Second Reading..................................... 44 HB 2667 Second Reading..................................... 44 HB 2668 Second Reading..................................... 44 HB 2669 Second Reading..................................... 44 HB 2670 Second Reading..................................... 44 HB 2671 Second Reading..................................... 44 HB 2672 Second Reading..................................... 44 HB 2673 Second Reading..................................... 44 HB 2674 Second Reading..................................... 44 HB 2675 Second Reading..................................... 44 HB 2676 Second Reading..................................... 44 HB 2677 Second Reading..................................... 44 HB 2678 Second Reading..................................... 44 HB 2680 Second Reading..................................... 44 HB 2681 Second Reading..................................... 44 HB 2682 Second Reading..................................... 44 HB 2683 Second Reading..................................... 44 HB 2684 Second Reading..................................... 44 HB 2685 Second Reading..................................... 44 HB 2686 Second Reading..................................... 44 HB 2687 Second Reading..................................... 44 HB 2688 Second Reading..................................... 44 HB 2689 Second Reading..................................... 44 HB 2690 Second Reading..................................... 44 HB 2691 Second Reading..................................... 44 HB 2692 Second Reading..................................... 44 HB 2693 Second Reading..................................... 44
[April 4, 2001] 18 Bill Number Legislative Action Page(s) HB 2694 Second Reading..................................... 44 HB 2695 Second Reading..................................... 44 HB 2696 Second Reading..................................... 44 HB 2697 Second Reading..................................... 44 HB 2698 Second Reading..................................... 44 HB 2699 Second Reading..................................... 44 HB 2700 Second Reading..................................... 44 HB 2701 Second Reading..................................... 44 HB 2702 Second Reading..................................... 44 HB 2703 Second Reading..................................... 44 HB 2704 Second Reading..................................... 44 HB 2705 Second Reading..................................... 44 HB 2706 Second Reading..................................... 44 HB 2707 Second Reading..................................... 44 HB 2708 Second Reading..................................... 44 HB 2709 Second Reading..................................... 44 HB 2710 Second Reading..................................... 44 HB 2711 Second Reading..................................... 44 HB 2712 Second Reading..................................... 44 HB 2713 Second Reading..................................... 44 HB 2714 Second Reading..................................... 44 HB 2715 Second Reading..................................... 44 HB 2716 Second Reading..................................... 44 HB 2717 Second Reading..................................... 44 HB 2718 Second Reading..................................... 44 HB 2719 Second Reading..................................... 44 HB 2720 Second Reading..................................... 44 HB 2721 Second Reading..................................... 44 HB 2722 Second Reading..................................... 44 HB 2723 Second Reading..................................... 44 HB 2724 Second Reading..................................... 44 HB 2725 Second Reading..................................... 44 HB 2726 Second Reading..................................... 44 HB 2727 Second Reading..................................... 44 HB 2728 Second Reading..................................... 44 HB 2729 Second Reading..................................... 44 HB 2730 Second Reading..................................... 44 HB 2731 Second Reading..................................... 44 HB 2732 Second Reading..................................... 44 HB 2733 Second Reading..................................... 44 HB 2734 Second Reading..................................... 44 HB 2735 Second Reading..................................... 44 HB 2736 Second Reading..................................... 44 HB 2737 Second Reading..................................... 44 HB 2738 Second Reading..................................... 44 HB 2740 Second Reading..................................... 44 HB 2742 Second Reading..................................... 44 HB 2743 Second Reading..................................... 44 HB 2744 Second Reading..................................... 44 HB 2745 Second Reading..................................... 44 HB 2746 Second Reading..................................... 44 HB 2747 Second Reading..................................... 44 HB 2748 Second Reading..................................... 44 HB 2749 Second Reading..................................... 44 HB 2750 Second Reading..................................... 44 HB 2751 Second Reading..................................... 44 HB 2752 Second Reading..................................... 44 HB 2753 Second Reading..................................... 44 HB 2754 Second Reading..................................... 44 HB 2755 Second Reading..................................... 44 HB 2756 Second Reading..................................... 44 HB 2757 Second Reading..................................... 44 HB 2758 Second Reading..................................... 44 HB 2759 Second Reading..................................... 44
19 [April 4, 2001] Bill Number Legislative Action Page(s) HB 2760 Second Reading..................................... 44 HB 2761 Second Reading..................................... 44 HB 2762 Second Reading..................................... 44 HB 2763 Second Reading..................................... 44 HB 2764 Second Reading..................................... 44 HB 2765 Second Reading..................................... 44 HB 2766 Second Reading..................................... 44 HB 2767 Second Reading..................................... 44 HB 2768 Second Reading..................................... 44 HB 2769 Second Reading..................................... 44 HB 2770 Second Reading..................................... 44 HB 2771 Second Reading..................................... 44 HB 2772 Second Reading..................................... 44 HB 2773 Second Reading..................................... 44 HB 2774 Second Reading..................................... 44 HB 2775 Second Reading..................................... 44 HB 2776 Second Reading..................................... 44 HB 2777 Second Reading..................................... 44 HB 2778 Second Reading..................................... 44 HB 2779 Second Reading..................................... 44 HB 2780 Second Reading..................................... 44 HB 2781 Second Reading..................................... 44 HB 2782 Second Reading..................................... 44 HB 2783 Second Reading..................................... 44 HB 2784 Second Reading..................................... 44 HB 2785 Second Reading..................................... 44 HB 2786 Second Reading..................................... 44 HB 2787 Second Reading..................................... 44 HB 2788 Second Reading..................................... 44 HB 2789 Second Reading..................................... 44 HB 2790 Second Reading..................................... 44 HB 2791 Second Reading..................................... 44 HB 2792 Second Reading..................................... 44 HB 2793 Second Reading..................................... 44 HB 2794 Second Reading..................................... 44 HB 2795 Second Reading..................................... 44 HB 2796 Second Reading..................................... 44 HB 2797 Second Reading..................................... 44 HB 2798 Second Reading..................................... 44 HB 2799 Second Reading..................................... 44 HB 2800 Second Reading..................................... 44 HB 2801 Second Reading..................................... 44 HB 2802 Second Reading..................................... 44 HB 2803 Second Reading..................................... 44 HB 2804 Second Reading..................................... 44 HB 2805 Second Reading..................................... 44 HB 2806 Second Reading..................................... 44 HB 2808 Second Reading..................................... 44 HB 2809 Second Reading..................................... 44 HB 2810 Second Reading..................................... 44 HB 2811 Second Reading..................................... 44 HB 2812 Second Reading..................................... 44 HB 2813 Second Reading..................................... 44 HB 2814 Second Reading..................................... 44 HB 2815 Second Reading..................................... 44 HB 2816 Second Reading..................................... 44 HB 2817 Second Reading..................................... 44 HB 2818 Second Reading..................................... 44 HB 2819 Second Reading..................................... 44 HB 2820 Second Reading..................................... 44 HB 2821 Second Reading..................................... 44 HB 2822 Second Reading..................................... 44 HB 2823 Second Reading..................................... 44 HB 2824 Second Reading..................................... 44
[April 4, 2001] 20 Bill Number Legislative Action Page(s) HB 2825 Second Reading..................................... 44 HB 2826 Second Reading..................................... 44 HB 2827 Second Reading..................................... 44 HB 2828 Second Reading..................................... 44 HB 2829 Second Reading..................................... 44 HB 2830 Second Reading..................................... 44 HB 2831 Second Reading..................................... 44 HB 2832 Second Reading..................................... 44 HB 2833 Second Reading..................................... 44 HB 2834 Second Reading..................................... 44 HB 2835 Second Reading..................................... 44 HB 2836 Second Reading..................................... 44 HB 2837 Second Reading..................................... 44 HB 2838 Second Reading..................................... 44 HB 2839 Second Reading..................................... 44 HB 2840 Second Reading..................................... 44 HB 2841 Second Reading..................................... 44 HB 2842 Second Reading..................................... 44 HB 2843 Second Reading..................................... 44 HB 2844 Second Reading..................................... 44 HB 2845 Second Reading..................................... 44 HB 2846 Second Reading..................................... 44 HB 2847 Second Reading..................................... 44 HB 2848 Second Reading..................................... 44 HB 2849 Second Reading..................................... 44 HB 2850 Second Reading..................................... 44 HB 2851 Second Reading..................................... 44 HB 2852 Second Reading..................................... 44 HB 2853 Second Reading..................................... 44 HB 2854 Second Reading..................................... 44 HB 2855 Second Reading..................................... 44 HB 2856 Second Reading..................................... 44 HB 2857 Second Reading..................................... 44 HB 2858 Second Reading..................................... 44 HB 2859 Second Reading..................................... 44 HB 2862 Second Reading..................................... 44 HB 2863 Second Reading..................................... 44 HB 2864 Second Reading..................................... 44 HB 2865 Second Reading..................................... 44 HB 2865 Third Reading...................................... 46 HB 2866 Second Reading..................................... 44 HB 2867 Second Reading..................................... 44 HB 2868 Second Reading..................................... 44 HB 2869 Second Reading..................................... 44 HB 2870 Second Reading..................................... 44 HB 2871 Second Reading..................................... 44 HB 2872 Second Reading..................................... 44 HB 2873 Second Reading..................................... 44 HB 2874 Second Reading..................................... 44 HB 2875 Second Reading..................................... 44 HB 2876 Second Reading..................................... 44 HB 2877 Second Reading..................................... 44 HB 2878 Second Reading..................................... 44 HB 2879 Second Reading..................................... 44 HB 2880 Second Reading..................................... 44 HB 2881 Second Reading..................................... 44 HB 2882 Second Reading..................................... 44 HB 2883 Second Reading..................................... 44 HB 2884 Second Reading..................................... 44 HB 2885 Second Reading..................................... 44 HB 2886 Second Reading..................................... 44 HB 2887 Second Reading..................................... 44 HB 2888 Second Reading..................................... 44 HB 2889 Second Reading..................................... 44
21 [April 4, 2001] Bill Number Legislative Action Page(s) HB 2890 Second Reading..................................... 44 HB 2891 Second Reading..................................... 44 HB 2892 Second Reading..................................... 44 HB 2893 Second Reading..................................... 44 HB 2894 Second Reading..................................... 44 HB 2895 Second Reading..................................... 44 HB 2896 Second Reading..................................... 44 HB 2897 Second Reading..................................... 44 HB 2898 Second Reading..................................... 44 HB 2899 Second Reading..................................... 44 HB 2900 Second Reading..................................... 44 HB 2901 Second Reading..................................... 44 HB 2902 Second Reading..................................... 44 HB 2903 Second Reading..................................... 44 HB 2904 Second Reading..................................... 44 HB 2905 Second Reading..................................... 44 HB 2906 Second Reading..................................... 44 HB 2907 Second Reading..................................... 44 HB 2908 Second Reading..................................... 44 HB 2909 Second Reading..................................... 44 HB 2910 Second Reading..................................... 44 HB 2911 Second Reading..................................... 44 HB 2912 Second Reading..................................... 44 HB 2913 Second Reading..................................... 44 HB 2914 Second Reading..................................... 44 HB 2915 Second Reading..................................... 44 HB 2916 Second Reading..................................... 44 HB 2917 Second Reading..................................... 44 HB 2918 Second Reading..................................... 44 HB 2919 Second Reading..................................... 44 HB 2920 Second Reading..................................... 44 HB 2921 Second Reading..................................... 44 HB 2922 Second Reading..................................... 44 HB 2923 Second Reading..................................... 44 HB 2924 Second Reading..................................... 44 HB 2925 Second Reading..................................... 44 HB 2926 Second Reading..................................... 44 HB 2928 Second Reading..................................... 44 HB 2929 Second Reading..................................... 44 HB 2930 Second Reading..................................... 44 HB 2931 Second Reading..................................... 44 HB 2932 Second Reading..................................... 44 HB 2933 Second Reading..................................... 44 HB 2934 Second Reading..................................... 44 HB 2935 Second Reading..................................... 44 HB 2936 Second Reading..................................... 44 HB 2937 Second Reading..................................... 44 HB 2938 Second Reading..................................... 44 HB 2939 Second Reading..................................... 44 HB 2940 Second Reading..................................... 44 HB 2941 Second Reading..................................... 44 HB 2942 Second Reading..................................... 44 HB 2943 Second Reading..................................... 44 HB 2944 Second Reading..................................... 44 HB 2945 Second Reading..................................... 44 HB 2946 Second Reading..................................... 44 HB 2947 Second Reading..................................... 44 HB 2948 Second Reading..................................... 44 HB 2949 Second Reading..................................... 44 HB 2951 Second Reading..................................... 44 HB 2952 Second Reading..................................... 44 HB 2953 Second Reading..................................... 44 HB 2954 Second Reading..................................... 44 HB 2955 Second Reading..................................... 44
[April 4, 2001] 22 Bill Number Legislative Action Page(s) HB 2956 Second Reading..................................... 44 HB 2957 Second Reading..................................... 44 HB 2958 Second Reading..................................... 44 HB 2958 Second Reading..................................... 44 HB 2959 Second Reading..................................... 44 HB 2960 Second Reading..................................... 44 HB 2961 Second Reading..................................... 44 HB 2962 Second Reading..................................... 44 HB 2963 Second Reading..................................... 44 HB 2964 Second Reading..................................... 44 HB 2965 Second Reading..................................... 44 HB 2966 Second Reading..................................... 44 HB 2967 Second Reading..................................... 44 HB 2968 Second Reading..................................... 44 HB 2969 Second Reading..................................... 44 HB 2970 Second Reading..................................... 44 HB 2971 Second Reading..................................... 44 HB 2972 Second Reading..................................... 44 HB 2973 Second Reading..................................... 44 HB 2974 Second Reading..................................... 44 HB 2975 Second Reading..................................... 44 HB 2976 Second Reading..................................... 44 HB 2977 Second Reading..................................... 44 HB 2978 Second Reading..................................... 44 HB 2979 Second Reading..................................... 44 HB 2980 Second Reading..................................... 44 HB 2981 Second Reading..................................... 44 HB 2982 Second Reading..................................... 44 HB 2983 Second Reading..................................... 44 HB 2984 Second Reading..................................... 44 HB 2985 Second Reading..................................... 44 HB 2986 Second Reading..................................... 44 HB 2987 Second Reading..................................... 44 HB 2988 Second Reading..................................... 44 HB 2989 Second Reading..................................... 44 HB 2990 Second Reading..................................... 44 HB 2991 Second Reading..................................... 44 HB 2992 Second Reading..................................... 44 HB 2993 Second Reading..................................... 204 HB 3002 Second Reading..................................... 204 HB 3003 Second Reading..................................... 204 HB 3015 Second Reading - Amendment/s....................... 74 HB 3018 Second Reading..................................... 44 HB 3019 Second Reading..................................... 204 HB 3024 Third Reading...................................... 44 HB 3029 Second Reading..................................... 204 HB 3031 Second Reading..................................... 44 HB 3032 Second Reading..................................... 204 HB 3034 Second Reading..................................... 44 HB 3037 Committee Report-Floor Amendment/s................. 27 HB 3037 Second Reading - Amendment/s....................... 168 HB 3052 Second Reading..................................... 204 HB 3060 Second Reading..................................... 204 HB 3070 Second Reading..................................... 204 HB 3071 Second Reading..................................... 204 HB 3072 Second Reading..................................... 204 HB 3081 Second Reading..................................... 204 HB 3082 Second Reading..................................... 204 HB 3083 Second Reading..................................... 204 HB 3084 Second Reading..................................... 204 HB 3087 Second Reading..................................... 204 HB 3090 Second Reading..................................... 204 HB 3091 Second Reading..................................... 204 HB 3092 Second Reading..................................... 204
23 [April 4, 2001] Bill Number Legislative Action Page(s) HB 3095 Second Reading..................................... 204 HB 3097 Second Reading..................................... 204 HB 3098 Third Reading...................................... 48 HB 3111 Second Reading..................................... 44 HB 3114 Second Reading..................................... 44 HB 3117 Second Reading..................................... 44 HB 3122 Second Reading..................................... 44 HB 3123 Second Reading..................................... 204 HB 3124 Second Reading..................................... 204 HB 3127 Second Reading..................................... 204 HB 3131 Second Reading..................................... 204 HB 3140 Third Reading...................................... 41 HB 3146 Second Reading..................................... 204 HB 3155 Second Reading..................................... 204 HB 3157 Committee Report-Floor Amendment/s................. 27 HB 3157 Second Reading - Amendment/s....................... 168 HB 3161 Second Reading..................................... 44 HB 3173 Second Reading..................................... 44 HB 3184 Committee Report-Floor Amendment/s................. 28 HB 3184 Second Reading - Amendment/s....................... 174 HB 3184 Second Reading..................................... 44 HB 3194 Committee Report-Floor Amendment/s................. 28 HB 3195 Second Reading..................................... 44 HB 3211 Second Reading..................................... 204 HB 3213 Second Reading..................................... 204 HB 3224 Second Reading..................................... 204 HB 3231 Second Reading..................................... 204 HB 3234 Second Reading..................................... 44 HB 3238 Second Reading..................................... 204 HB 3239 Second Reading..................................... 44 HB 3241 Committee Report-Floor Amendment/s................. 27 HB 3241 Second Reading - Amendment/s....................... 170 HB 3252 Second Reading..................................... 44 HB 3254 Second Reading..................................... 44 HB 3256 Second Reading..................................... 44 HB 3261 Second Reading..................................... 204 HB 3266 Second Reading..................................... 204 HB 3279 Second Reading..................................... 204 HB 3283 Second Reading..................................... 204 HB 3286 Second Reading..................................... 204 HB 3288 Second Reading..................................... 204 HB 3289 Second Reading..................................... 204 HB 3292 Committee Report-Floor Amendment/s................. 28 HB 3292 Second Reading - Amendment/s....................... 187 HB 3299 Second Reading..................................... 204 HB 3303 Second Reading..................................... 204 HB 3308 Second Reading..................................... 44 HB 3318 Third Reading...................................... 43 HB 3320 Second Reading..................................... 204 HB 3321 Second Reading..................................... 204 HB 3324 Second Reading..................................... 204 HB 3329 Third Reading...................................... 41 HB 3333 Second Reading..................................... 44 HB 3337 Second Reading..................................... 44 HB 3338 Second Reading..................................... 44 HB 3339 Second Reading..................................... 44 HB 3341 Second Reading..................................... 204 HB 3353 Third Reading...................................... 40 HB 3360 Second Reading..................................... 44 HB 3364 Second Reading..................................... 76 HB 3366 Second Reading..................................... 44 HB 3373 Second Reading..................................... 204 HB 3375 Second Reading..................................... 204 HB 3377 Committee Report-Floor Amendment/s................. 27
[April 4, 2001] 24 Bill Number Legislative Action Page(s) HB 3377 Second Reading - Amendment/s....................... 172 HB 3380 Second Reading..................................... 44 HB 3393 Second Reading..................................... 44 HB 3426 Second Reading..................................... 204 HB 3426 Second Reading..................................... 44 HB 3439 Second Reading..................................... 44 HB 3439 Second Reading..................................... 204 HB 3440 Second Reading..................................... 204 HB 3441 Second Reading..................................... 204 HB 3463 Second Reading..................................... 44 HB 3489 Second Reading..................................... 44 HB 3490 Second Reading..................................... 44 HB 3490 Second Reading..................................... 44 HB 3491 Second Reading..................................... 44 HB 3492 Second Reading..................................... 44 HB 3493 Second Reading..................................... 44 HB 3494 Second Reading..................................... 44 HB 3495 Second Reading..................................... 44 HB 3505 Second Reading..................................... 204 HB 3533 Second Reading..................................... 204 HB 3535 Second Reading..................................... 204 HB 3540 Second Reading..................................... 204 HB 3544 Second Reading..................................... 44 HB 3564 Second Reading..................................... 204 HB 3566 Second Reading..................................... 44 HB 3567 Second Reading..................................... 204 HB 3572 Second Reading..................................... 204 HB 3577 Second Reading..................................... 204 HB 3578 Second Reading..................................... 204 HB 3579 Second Reading..................................... 204 HB 3580 Second Reading..................................... 204 HB 3581 Second Reading..................................... 204 HB 3582 Second Reading..................................... 204 HB 3583 Second Reading..................................... 204 HB 3589 Second Reading..................................... 44 HB 3590 Second Reading..................................... 44 HB 3591 Second Reading..................................... 44 HB 3592 Second Reading..................................... 44 HB 3593 Second Reading..................................... 44 HB 3594 Second Reading..................................... 44 HB 3595 Second Reading..................................... 44 HB 3596 Second Reading..................................... 44 HB 3597 Second Reading..................................... 44 HB 3598 Second Reading..................................... 44 HB 3599 Second Reading..................................... 44 HB 3600 Second Reading..................................... 44 HB 3601 Second Reading..................................... 44 HB 3602 Second Reading..................................... 44 HB 3603 Second Reading..................................... 44 HB 3604 Second Reading..................................... 44 HB 3605 Second Reading..................................... 44 HB 3606 Second Reading..................................... 44 HB 3607 Second Reading..................................... 44 HB 3608 Second Reading..................................... 44 HB 3609 Second Reading..................................... 44 HB 3610 Second Reading..................................... 44 HB 3611 Second Reading..................................... 44 HB 3612 Second Reading..................................... 44 HB 3613 Second Reading..................................... 44 HB 3614 Second Reading..................................... 44 HB 3615 Second Reading..................................... 44 HB 3616 Second Reading..................................... 44 HR 0187 Motion............................................. 196 HR 0192 Agreed Resolution.................................. 36
25 [April 4, 2001] Bill Number Legislative Action Page(s) HR 0193 Agreed Resolution.................................. 37 HR 0195 Agreed Resolution.................................. 37 HR 0197 Agreed Resolution.................................. 38 HR 0198 Agreed Resolution.................................. 38 SB 0028 Senate Message - Passage of Senate Bill............ 32 SB 0030 Senate Message - Passage of Senate Bill............ 32 SB 0038 Senate Message - Passage of Senate Bill............ 32 SB 0055 First Reading...................................... 39 SB 0074 Senate Message - Passage of Senate Bill............ 32 SB 0075 Senate Message - Passage of Senate Bill............ 32 SB 0138 Senate Message - Passage of Senate Bill............ 32 SB 0161 Senate Message - Passage of Senate Bill............ 32 SB 0162 Senate Message - Passage of Senate Bill............ 32 SB 0164 First Reading...................................... 39 SB 0173 Senate Message - Passage of Senate Bill............ 32 SB 0208 First Reading...................................... 39 SB 0209 Senate Message - Passage of Senate Bill............ 32 SB 0216 Senate Message - Passage of Senate Bill............ 32 SB 0233 Senate Message - Passage of Senate Bill............ 32 SB 0273 Senate Message - Passage of Senate Bill............ 32 SB 0318 Senate Message - Passage of Senate Bill............ 32 SB 0330 Senate Message - Passage of Senate Bill............ 32 SB 0358 First Reading...................................... 39 SB 0373 Senate Message - Passage of Senate Bill............ 32 SB 0397 Senate Message - Passage of Senate Bill............ 32 SB 0430 Senate Message - Passage of Senate Bill............ 32 SB 0449 First Reading...................................... 39 SB 0461 Senate Message - Passage of Senate Bill............ 32 SB 0494 Senate Message - Passage of Senate Bill............ 32 SB 0496 First Reading...................................... 39 SB 0497 First Reading...................................... 39 SB 0508 First Reading...................................... 39 SB 0517 Senate Message - Passage of Senate Bill............ 33 SB 0531 Senate Message - Passage of Senate Bill............ 33 SB 0538 First Reading...................................... 39 SB 0542 Senate Message - Passage of Senate Bill............ 33 SB 0550 Senate Message - Passage of Senate Bill............ 33 SB 0556 Senate Message - Passage of Senate Bill............ 33 SB 0571 Senate Message - Passage of Senate Bill............ 33 SB 0573 First Reading...................................... 39 SB 0602 Senate Message - Passage of Senate Bill............ 33 SB 0606 Senate Message - Passage of Senate Bill............ 33 SB 0633 First Reading...................................... 39 SB 0635 Senate Message - Passage of Senate Bill............ 33 SB 0638 First Reading...................................... 39 SB 0699 Senate Message - Passage of Senate Bill............ 33 SB 0713 First Reading...................................... 39 SB 0727 Senate Message - Passage of Senate Bill............ 33 SB 0747 Senate Message - Passage of Senate Bill............ 33 SB 0795 Senate Message - Passage of Senate Bill............ 33 SB 0814 First Reading...................................... 39 SB 0826 First Reading...................................... 39 SB 0834 First Reading...................................... 39 SB 0845 First Reading...................................... 39 SB 0856 First Reading...................................... 39 SB 0860 First Reading...................................... 39 SB 0885 Senate Message - Passage of Senate Bill............ 33 SB 0887 First Reading...................................... 39 SB 0902 Senate Message - Passage of Senate Bill............ 33 SB 0914 Senate Message - Passage of Senate Bill............ 33 SB 0940 First Reading...................................... 39 SB 0945 Senate Message - Passage of Senate Bill............ 33 SB 0965 First Reading...................................... 39 SB 0979 Senate Message - Passage of Senate Bill............ 33
[April 4, 2001] 26 Bill Number Legislative Action Page(s) SB 0980 Senate Message - Passage of Senate Bill............ 33 SB 1014 Senate Message - Passage of Senate Bill............ 33 SB 1035 First Reading...................................... 39 SB 1039 First Reading...................................... 39 SB 1050 Senate Message - Passage of Senate Bill............ 33 SB 1065 Senate Message - Passage of Senate Bill............ 33 SB 1081 Senate Message - Passage of Senate Bill............ 33 SB 1089 Senate Message - Passage of Senate Bill............ 33 SB 1098 Senate Message - Passage of Senate Bill............ 33 SB 1116 Senate Message - Passage of Senate Bill............ 33 SB 1117 Senate Message - Passage of Senate Bill............ 33 SB 1126 First Reading...................................... 39 SB 1128 Senate Message - Passage of Senate Bill............ 33 SB 1151 Senate Message - Passage of Senate Bill............ 33 SB 1174 First Reading...................................... 39 SB 1175 Senate Message - Passage of Senate Bill............ 33 SB 1289 First Reading...................................... 39 SB 1348 First Reading...................................... 39
27 [April 4, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Jeff Anselmi of the Auburn Christian Church in Auburn, Illinois. Representative Klingler 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: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Schmitz and Stephens were excused from attendance. LETTER OF TRANSMITTAL JACK D. FRANKS State Representative - 63rd District Tony Rossi Clerk of the House The House of Representatives 402 Capitol Springfield, IL 62706 Dear Clerk Rossi: I have a potential conflict of interest with the subject material in House Bill 383. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks State Representative 63rd District REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 241. Amendment No. 2 to HOUSE BILL 280. Amendment No. 3 to HOUSE BILL 403. Amendment No. 2 to HOUSE BILL 475. Amendment No. 1 to HOUSE BILL 546. Amendment No. 1 to HOUSE BILL 850. Amendment No. 1 to HOUSE BILL 1722. Amendments numbered 2 and 3 to HOUSE BILL 1814. Amendment No. 3 to HOUSE BILL 1975. Amendment No. 4 to HOUSE BILL 2138. Amendment No. 1 to HOUSE BILL 2139. Amendment No. 5 to HOUSE BILL 2148. Amendments numbered 1 and 2 to HOUSE BILL 2204. Amendment No. 2 to HOUSE BILL 2228. Amendment No. 2 to HOUSE BILL 2298. Amendment No. 2 to HOUSE BILL 2358. Amendment No. 1 to HOUSE BILL 2438. Amendment No. 1 to HOUSE BILL 3037. Amendment No. 2 to HOUSE BILL 3157. Amendment No. 2 to HOUSE BILL 3241. Amendment No. 2 to HOUSE BILL 3377. The committee roll call vote on the foregoing Legislative Measures is as follows:
[April 4, 2001] 28 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art 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. 4 to HOUSE BILL 403. Amendment No. 2 to HOUSE BILL 1710. Amendment No. 2 to HOUSE BILL 1926. Amendment No. 2 to HOUSE BILL 2523. Amendment No. 1 to HOUSE BILL 3184. Amendment No. 2 to HOUSE BILL 3194. Amendment No. 2 to HOUSE BILL 3292. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder A Hannig Y Tenhouse, Spkpn Y Turner, Art (Lang) COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Environment & Energy: House Amendment 3 to HOUSE BILL 2576. Committee on Executive: HOUSE BILL 705 and House Amendment 5 to HOUSE BILL 3188. Committee on Financial Institutions: House Amendment 1 to HOUSE BILL 2207 and House Amendments 1 and House Amendment 2 to HOUSE BILL 2282. Committee on Judiciary I-Civil Law: House Amendment 3 to HOUSE BILL 774 and House Amendment 1 to HOUSE BILL 2196. Committee on Judiciary II-Criminal Law: House Amendment 1 to HOUSE BILL 2847. Committee on Personnel & Pensions: House Amendments 2 and House Amendment 3 to HOUSE BILL 2662. Committee on Public Safety: House Amendment 3 to HOUSE BILL 1194. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 1954. Committee on Revenue: House Amendment 5 to HOUSE BILL 914. Committee on Transportation & Motor Vehicles: House Amendment 1 to HOUSE BILL 2259 and House Amendment 1 to HOUSE BILL 2263. Committee on Constitutional Officers: House Amendment 3 to HOUSE BILL 2283. Committee on Elementary & Secondary Education: House Amendment 3 to HOUSE BILL 2834. Committee on Environment & Energy: House Amendment 2 to HOUSE BILL 1887. Committee on Executive: House Amendment 6 to HOUSE BILL 640, House Amendment 1 to HOUSE BILL 2439 and House Amendment 6 to HOUSE BILL 3188. Committee on Higher Education: House Amendment 1 to HOUSE BILL 3123. Committee on Human Services: House Amendment 2 to HOUSE BILL 3538.
29 [April 4, 2001] Committee on Personnel & Pensions: House Amendment 4 to HOUSE BILL 2662 and House Amendment 1 to HOUSE BILL 2663. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 1356, House Amendment 1 to HOUSE BILL 2595 and House Amendment 1 to HOUSE BILL 2271. Committee on State Government Administration: House Amendment 1 to HOUSE BILL 1630 and HOUSE RESOLUTION 187. Committee on Transportation & Motor Vehicles: House Amendment 1 to HOUSE BILL 2603 and HOUSE RESOLUTION 190. Committee on Elections & Campaign Reform: House Amendment 2 to HOUSE BILL 1330, House Amendment 2 to HOUSE BILL 3581, House Amendment 2 to HOUSE BILL 3579 and House Amendment 2 to HOUSE BILL 3583. Committee on Environment & Energy: House Amendments 3; House Amendments 4 and House Amendment 5 to HOUSE BILL 63. 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 (Bost) Y Hannig Y Tenhouse, Spkpn Y Turner, Art Committee on Elections & Campaign Reform: House Amendment 3 to HOUSE BILL 1330. The committee roll call vote on the foregoing Legislative Measure is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art MOTIONS SUBMITTED Representative Madigan submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 52(c) the Debate Status for HOUSE BILL 1941 is changed from Standard Debate to Extended Debate. Representative Black submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of HOUSE BILL 8 and advance to the order of Second Reading-Standard Debate. Representative Black submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of HOUSE BILL 57 and advance to the order of Second Reading-Standard Debate. Representative Cross submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of HOUSE BILL 6 and advance to the order of Second Reading-Standard Debate. Representative Biggins submitted the following written motion, which was placed on the order of Motions:
[April 4, 2001] 30 MOTION Pursuant to Rule 60(b), I move to table HOUSE BILL 1714. Representative Biggins submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 60(b), I move to table HOUSE BILL 1715. STATE DEBT IMPACT NOTE WITHDRAWN Representative Black withdrew his request for a State Debt Impact Note on HOUSE BILL 2435. HOME RULE NOTE WITHDRAWN Representative Black withdrew his request for a Home Rule Note on HOUSE BILL 2435. FISCAL NOTE WITHDRAWN Representative Black withdrew his request for a Fiscal Note on HOUSE BILL 3364, as amended. STATE MANDATE NOTE WITHDRAWN Representative Black withdrew his request for a State Mandate Note on HOUSE BILL 3364, as amended. REQUEST FOR FISCAL NOTE Representative Parke requested that a Fiscal Note be supplied for HOUSE BILL 850, as amended. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 497, as amended, 1887, as amended, 2100, 2148, as amended, 2208, 2303, as amended, 2435 and 3024, as amended. REQUEST FOR HOME RULE NOTE Representative Parke requested that a Home Rule Note be supplied for HOUSE BILL 850, as amended. STATE DEBT IMPACT NOTE SUPPLIED State Debt Impact Notes have been supplied for HOUSE BILLS 2435 and 3521, as amended. Representative Parke requested that a State Mandates Note be supplied for HOUSE BILL 850, as amended. STATE MANDATES NOTE SUPPLIED A State Mandates Note has been supplied for HOUSE BILL 3184.
31 [April 4, 2001] 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 passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 28 A bill for An Act concerning criminal law. SENATE BILL NO. 30 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 13B-45. SENATE BILL NO. 38 A bill for AN ACT to amend the Property Tax Code by changing Section 15-170. SENATE BILL NO. 74 A bill for AN ACT in relation to vehicles. SENATE BILL NO. 75 A bill for AN ACT concerning the environment. SENATE BILL NO. 138 A bill for AN ACT concerning drug treatment. SENATE BILL NO. 161 A bill for AN ACT in relation to public aid. SENATE BILL NO. 162 A bill for AN ACT in relation to public aid. SENATE BILL NO. 173 A bill for AN ACT concerning taxation. SENATE BILL NO. 209 A bill for AN ACT in relation to taxes. SENATE BILL NO. 216 A bill for AN ACT in relation to children. SENATE BILL NO. 233 A bill for AN ACT concerning criminal law. SENATE BILL NO. 273 A bill for AN ACT concerning vehicles. SENATE BILL NO. 318 A bill for AN ACT concerning the regulation of professions. SENATE BILL NO. 330 A bill for AN ACT concerning education. SENATE BILL NO. 373 A bill for AN ACT to amend the Children and Family Services Act. SENATE BILL NO. 397 A bill for AN ACT concerning firearms. SENATE BILL NO. 430 A bill for AN ACT concerning criminal law. SENATE BILL NO. 461
[April 4, 2001] 32 A bill for AN ACT in relation to children. SENATE BILL NO. 494 A bill for AN ACT in relation to civil immunities. Passed by the Senate, April 4, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 28, 30, 38, 74, 75, 138, 161, 162, 173, 209, 216, 233, 273, 318, 330, 373, 397, 430, 461 and 494 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. 517 A bill for AN ACT in relation to Attorneys Lien Act. SENATE BILL NO. 531 A bill for AN ACT in relation to transportation. SENATE BILL NO. 542 A bill for AN ACT concerning employment. SENATE BILL NO. 550 A bill for AN ACT in relation to property. SENATE BILL NO. 556 A bill for AN ACT concerning education. SENATE BILL NO. 571 A bill for AN ACT concerning factory-built housing. SENATE BILL NO. 602 A bill for AN ACT in relation to vehicles. SENATE BILL NO. 606 A bill for AN ACT concerning energy efficiency. SENATE BILL NO. 635 A bill for AN ACT regarding libraries. SENATE BILL NO. 699 A bill for AN ACT concerning highways. SENATE BILL NO. 727 A bill for AN ACT in relation to vehicles. SENATE BILL NO. 747 A bill for AN ACT in relation to children. SENATE BILL NO. 795 A bill for AN ACT concerning unemployment insurance. SENATE BILL NO. 885 A bill for AN ACT concerning children's health care. SENATE BILL NO. 902 A bill for AN ACT concerning finance. SENATE BILL NO. 914
33 [April 4, 2001] A bill for AN ACT concerning higher education. SENATE BILL NO. 945 A bill for AN ACT concerning elections. SENATE BILL NO. 979 A bill for AN ACT concerning schools. SENATE BILL NO. 980 A bill for AN ACT concerning local governments. SENATE BILL NO. 1014 A bill for AN ACT in relation to bicycles and bicycle safety. SENATE BILL NO. 1050 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 1065 A bill for AN ACT concerning firearms. SENATE BILL NO. 1081 A bill for AN ACT regarding child care. SENATE BILL NO. 1089 A bill for AN ACT concerning the regulation of professions. SENATE BILL NO. 1098 A bill for AN ACT concerning vehicles. SENATE BILL NO. 1116 A bill for AN ACT in relation to taxation. SENATE BILL NO. 1117 A bill for AN ACT concerning taxation. SENATE BILL NO. 1128 A bill for AN ACT in relation to local governments. SENATE BILL NO. 1151 A bill for AN ACT in relation to the repeal, deletion, and amendment of certain statutory provisions. SENATE BILL NO. 1175 A bill for AN ACT in relation to human rights. Passed by the Senate, April 4, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 517, 531, 542, 550, 556, 571, 602, 606, 635, 699, 727, 747, 795, 885, 902, 914, 945, 979, 980, 1014, 1050, 1065, 1081, 1089, 1098, 1116, 1117, 1128, 1151 and 1175 were ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken on April 3, 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 632. The committee roll call vote on Amendment No. 2 to HOUSE BILL 632 is as follows: 8, Yeas; 0, Nays; 0, Answering Present.
[April 4, 2001] 34 Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard Y Winters A Wirsing Representative Mautino, Chairperson, from the Committee on Insurance to which the following were referred, action taken on April 3, 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 2419. The committee roll call vote on Amendment No. 2 to HOUSE BILL 2419 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Mautino, Chair A Kenner A Bradley Y Osmond Y Brady Y Pankau A Brunsvold Y Parke, Spkpn A Bugielski A Stroger Y Hultgren Y Winters Y Yarbrough Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken on April 3, 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 859. Amendment No. 1 to HOUSE BILL 893. Amendment No. 2 to HOUSE BILL 1825. The committee roll call vote on Amendment No. 1 to HOUSE BILL 859 is as follows: 18, Yeas; 0, Nays; 1, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke A Osmond Y Coulson Y Reitz (Holbrook) Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters A Fritchey, V-Chair P Wojcik Y Zickus, Spkpn The committee roll call vote on Amendment No. 1 to HOUSE BILL 893 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill A Bugielski Y Novak A Burke Y Osmond Y Coulson A Reitz (Holbrook) Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters A Fritchey, V-Chair A Wojcik Y Zickus, Spkpn The committee roll call vote on Amendment No. 2 to HOUSE BILL 1825 is as follows:
35 [April 4, 2001] 13, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill A Bugielski A Novak A Burke Y Osmond Y Coulson A Reitz (Holbrook) A Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters A Fritchey, V-Chair A Wojcik Y Zickus, Spkpn Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken on April 3, 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 1926. The committee roll call vote on Amendment No. 1 to HOUSE BILL 1926 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair Y 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 Y Garrett Y Osterman A Hamos Y Reitz Y Hartke A Schmitz Y Jones, John Y Wait, Spkpn Y Zickus Representative Scully, Chairperson, from the Committee on Commerce & Business Development to which the following were referred, action taken on Tuesday, April 3, 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 827. The committee roll call vote on Amendment No. 1 to HOUSE BILL 827 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Scully, Chair Y Lindner Y Collins Y Miller Y Flowers, V-Chair (McGuire) Y Mulligan A Forby A Osmond, Spkpn A Hoeft Y Ryan A Zickus CHANGE OF SPONSORSHIP Representative Madigan 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 3521. Representative Slone asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1083. Representative Slone asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained
[April 4, 2001] 36 unanimous consent to be shown as chief sponsor of HOUSE BILL 3184. Representative Novak 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 1094. Representative Klingler asked and obtained unanimous consent to be removed as chief sponsor and Representative Bill Mitchell asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3318. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Kurtz asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 811. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Winkel asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1553. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Hultgren asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1630. Representative Younge asked and obtained unanimous consent to be removed as chief sponsor and Representative Murphy asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2052. Representative Dart asked and obtained unanimous consent to be removed as chief sponsor and Representative Delgado asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2531. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Lou Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2847. Representative Novak asked and obtained unanimous consent to be removed as chief sponsor and Representative Reitz asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2575. Representative Fritchey asked and obtained unanimous consent to be removed as chief sponsor and Representative Stroger asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3069. Representative Capparelli asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3308. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 192 Offered by Representative McCarthy: WHEREAS, The members of the Illinois House of Representatives wish to congratulate the St. Michael Varsity (7th and 8th Grade) Cheerleaders, who won the 2001 Jr. High Illinois State Cheerleading Championship on March 10, 2001; and WHEREAS, St. Michael Jr. High School is located in Orland Park, Illinois; and WHEREAS, The young women of St. Michael Jr. High School impressed the crowd gathered at the Prairie Capitol Convention Center in Springfield with their high-flying acrobatics, tumbling, stunting, and dance; and WHEREAS, The team are also the Jr. High Kings Island Champs, the Jr. High Great America Champs, the CYO Catholic League Champs, for the seventh year in a row, and Windy City Navy Pier Champs; and WHEREAS, The St. Michael team consists of: Jerrica Adeszko, Laura DeBiasio, Allison Donenberg, Chelsea Fahey (Captain), Crista Henry, Heidi Hoffman, K.C. Hurley (Captain), Michelle Koszulinski, Kristi LaMorte, Kristin McNellis, Lauren Novorita, Allison Restko, Torrey Szofer (Captain), Alex Wichmann, Bridget Wichmann, Michelle Wrona, Lori Yarmoska, and Melissa Zeilner; the team coach is Becky Weslow;
37 [April 4, 2001] therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the 2001 Jr. High Illinois State Cheerleading Champions from St. Michael Junior High School in Orland Park; and be it further RESOLVED, That a suitable copy of this resolution be presented to the St. Michael Jr. High School Varsity Cheerleaders and Coach Becky Weslow. HOUSE RESOLUTION 193 Offered by Representative McCarthy: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone achievements in the lives of citizens of the State of Illinois; and WHEREAS, Rabbi Ellen Dreyfus of B'Nai Yehuda Beth Sholom in Homewood will assume the presidency of the Chicago Board of Rabbis on May 16, 2001; and WHEREAS, Rabbi Ellen Dreyfus will serve a two year term as president of the Chicago Board which represents Reform, Conservative, Reconstructionist, and Orthodox rabbis across Chicago and the suburbs; she is believed to be the first female president of a rabbinical board in the five largest cities populated by Jewish citizens; and WHEREAS, In 1979, Rabbi Ellen Dreyfus was ordained as the first female rabbi in the State of Illinois; she served in congregations in Michigan and Kankakee before becoming rabbi of Congregation Beth Sholom in 1987; after the congregation merged with Reform synagogue B'Nai Yehuda in Homewood in 1998, Rabbi Ellen Dreyfus became rabbi of the merged congregations which include about 300 families; and WHEREAS, Rabbi Ellen Dreyfus will also serve as a member of the Council of Religious Leaders of Metropolitan Chicago which includes members from the Catholic, Anglican, Protestant, and Orthodox faiths; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Rabbi Ellen Dreyfus of B'Nai Yehuda Beth Sholom for being the first woman to achieve the position of president of the Chicago Board of Rabbis; and be it further RESOLVED, That a suitable copy of this resolution be presented to Rabbi Ellen Dreyfus as an expression of our esteem. HOUSE RESOLUTION 195 Offered by Representative Leitch: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of businesses of the State of Illinois; and WHEREAS, Advanced Information Services Inc. of Peoria, Illinois was a recipient of the Governor's Small Business Award recently awarded by the Governor of Illinois, George H. Ryan; and WHEREAS, The Governor's Small Business Awards recognize the important contributions that small business owners make to the Illinois economy; and WHEREAS, Girish Seshagiri is the CEO and Patricia Ferguson is the president of Advanced Information Services Inc.; in 1986, Mr. Seshagiri founded Advanced Information Services Inc. to create high wage, high technology jobs in information services in central Illinois; the fourteen year-old company started with one employee and has successfully grown to employ 140 people; and WHEREAS, Ms. Ferguson and Mr. Seshagiri have demonstrated outstanding entrepreneurship through their unique design and approach to create an innovative, fast-paced, intensive technical training program to re-train college-educated people with skills to become computer programmers and enter into high-wage technology jobs; Advanced Information Services Inc. provides software application development services, technology training consulting/integration services and
[April 4, 2001] 38 process consulting/training services; some of the customers that utilize Advanced Information Services Inc. include Caterpillar, State Farm, Ford, Hewlett Packard, and IBM Global Services; and WHEREAS, Advanced Information Services Inc. recognizes the importance of helping to employ both women and minorities; today, Advanced Information Services Inc. is comprised of 42 percent minorities and 36 percent women; and WHEREAS, The list of other notable awards and recognitions that Advanced Information Services Inc. has received include a feature story in the December 1990 issue of Business Week recognizing Advanced Information Services Inc. for its quality process methods, receiving the 1999 Software Process Achievement Award sponsored by the IEEE/Software Engineering Institute, and being the recipient of the 1999 Power of Minority Business Excellence Award; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Advanced Information Services Inc. for earning the Governor's Small Business Award for the year 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to Girish Seshagiri, CEO of Advanced Information Services Inc., and Patricia Ferguson, the president of Advanced Informations Services Inc. HOUSE RESOLUTION 197 WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Gladys Petersen of Lake of Egypt, Illinois is celebrating the 102nd anniversary of her birth; and WHEREAS, Gladys Petersen was born March 23, 1899 to Charles and Olive Campbell Reynolds; and WHEREAS, Gladys Petersen was the captain of her girl's basketball team from the 8th grade through high school; she also loved horse back riding and dancing; and WHEREAS, Gladys Petersen was first married to Irvin Singler, who preceded her in death; in 1950, Gladys Petersen married A.W. "Pete" Petersen in Marion, Illinois at the First United Methodist Church; she owned and operated Rosetta's Beauty Shop in Marion, Illinois for many years; and WHEREAS, At 102 years of age, Mrs. Petersen continues her daily active regimen of exercise and reading Bible scripture; and WHEREAS, On March 23, 2001, Gladys Petersen happily celebrated her 102nd birthday surrounded by her family, friends, and neighbors; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Gladys Petersen on the occasion of her 102nd birthday and extend to her our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Gladys Petersen as an expression of our respect and esteem. HOUSE RESOLUTION 198 Offered by Representative Brady - Cross: WHEREAS, Dennie Bridges, Illinois Wesleyan University athletic director and coach of the Titans basketball team, has announced his retirement as coach after 36 seasons; and WHEREAS, Coach Bridges is a native of Anchor, Illinois; as a student at Illinois Wesleyan University he was a four-year letterman and starter in basketball and baseball and a three-year football letterman (all-conference quarterback); he was a two-year captain, most valuable player, and all-conference player while playing basketball; he is currently 40th in school scoring history with 926 career points; and WHEREAS, After graduation in 1961, Dennie Bridges coached at Plainfield High School for three years; he returned to Illinois Wesleyan University in 1964 as assistant basketball and head tennis
39 [April 4, 2001] coach; in the 1965-1966 season he became head basketball coach, leading the Titans to a sixth College Conference of Illinois and Wisconsin (CCIW) championship in seven years; in 1981 he became the athletic director at Illinois Wesleyan University; and WHEREAS, As athletic director, Coach Bridges has added women's varsity swimming, women's soccer, women's cross country, and women's golf; he has seen the return of men's varsity swimming, and added men's soccer as a varsity sport; the construction of the Shirk Center and Fort Natatorium was completed during his time as athletic director; he was active in fundraising for the Jack Horenberger Baseball Field, which opened in April of 1999 and yielded new facilities in softball, the Neis Soccer Field, and renovations of the football field and outdoor track; Coach Bridges will continue his responsibilities as athletic director after his retirement from coaching, and the staff and students at Illinois Wesleyan University can look forward to the continued success of this position; and WHEREAS, Coach Bridges has a career coaching record of 667-319; this season the team finished 24-7 and placed third in the national Division III tournament; the 1997 team won the Division III title, earning him Division III "Coach of the Year" honors; and his 1996 team also won a third place national finish; and WHEREAS, Coach Bridges is one of only 22 college coaches with more than 650 victories and retires as the winningest active coach in NCAA Division III men's basketball and he is second in Division III history; Coach Bridges has coached in the CCIW longer and won more league championships than any other coach in CCIW history; he has a league record of 421-129 with 17 titles; and WHEREAS, Coach Bridges has coached teams into the National Association of Intercollegiate Athletics national tournament seven times and compiled a record of 23-11 in NAIA postseason play, with two of his teams reaching the quarterfinals; Coach Bridges has conducted basketball clinics in Brazil, New Zealand, and Australia; he is a member of the Illinois Basketball Coaches Association Hall of Fame; he received the Illinois Basketball Coaches Association Buzzy O'Connor award for meritorious service; and he has been the State's Division III Coach of the Year many times; and WHEREAS, Coach Bridges has been an excellent role model for the young men he has worked with at Illinois Wesleyan University; he has had a positive effect in the shaping of their futures; and he has been a great sportsman; and WHEREAS, Coach Dennie Bridges and his wife, Rita have three children, Angie, Steve, and Eric; they are the proud grandparents of Alyssa, Carly, Keegan, and Summer; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Coach Dennie Bridges on his successful coaching career at Illinois Wesleyan University and wish him nothing but the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Coach Dennie Bridges. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 55, 164, 208, 358, 449, 496, 497, 508, 538, 573, 633, 638, 713, 814, 826, 834, 845, 856, 860, 887, 940, 965, 1035, 1039, 1126, 1174, 1289 and 1348. INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules:
[April 4, 2001] 40 HOUSE BILL 3621. Introduced by Representative Soto, a bill for AN ACT concerning State holidays. 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 Howard, HOUSE BILL 3353 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: 116, Yeas; 0, 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 Winkel, HOUSE BILL 927 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: 116, 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 Murphy, HOUSE BILL 2099 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: 97, Yeas; 19, 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 Sommer, HOUSE BILL 1978 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: 116, Yeas; 0, Nays; 0, 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 May, HOUSE BILL 521 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; 20, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Rutherford, HOUSE BILL 2233 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: 116, Yeas; 0, Nays; 0, Answering Present.
41 [April 4, 2001] (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 McCarthy, HOUSE BILL 3140 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: 116, 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 O'Connor, HOUSE BILL 231 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: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Yarbrough, HOUSE BILL 1023 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: 116, 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 Sommer, HOUSE BILL 2391 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: 116, 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 Madigan, HOUSE BILL 3329 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: 116, 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. On motion of Representative Slone, HOUSE BILL 1081 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Flowers, HOUSE BILL 242 was taken up
[April 4, 2001] 42 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: 83, Yeas; 27, Nays; 5, 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 Garrett, HOUSE BILL 282 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, 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 524 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: 72, Yeas; 41, Nays; 3, 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 Shirley Jones, HOUSE BILL 1819 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 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Dart, HOUSE BILL 1941 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 57, Yeas; 57, Nays; 1, Answering Present. (ROLL CALL 18) VERIFIED ROLL CALL This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative Mathias, HOUSE BILL 904 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 106, Yeas; 7, Nays; 1, 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 Schoenberg, HOUSE BILL 1945 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: 69, Yeas; 44, Nays; 1, Answering Present. (ROLL CALL 20) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
43 [April 4, 2001] Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Morrow, HOUSE BILL 644 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; 6, Nays; 0, Answering Present. (ROLL CALL 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bill Mitchell, HOUSE BILL 3318 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 2435. Having been printed, was taken up and read by title a second time. Representative Jerry Mitchell moved that the Fiscal Note Act does not apply. And on that motion, a vote was taken resulting as follows: 54, Yeas; 61, Nays; 0, Answering Present. (ROLL CALL 23) The motion failed. Representative Jerry Mitchell moved that the Balanced Budget Note does not apply. And on that motion, a vote was taken resulting as follows: 64, Yeas; 45, Nays; 4, Answering Present. (ROLL CALL 24) The motion prevailed. Representative Jerry Mitchell moved that the Home Rule Note and State Debt Impact Note does not apply. The motion prevailed. Representative Jerry Mitchell then moved the Fiscal Note does not apply. Representative Hoffman moved that the Fiscal Note was inapplicable. And on that motion, a vote was taken resulting as follows: 62, Yeas; 49, Nays; 0, Answering Present. (ROLL CALL 25) The motion prevailed. There being no further action pending, the bill was held on the order of Second Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments
[April 4, 2001] 44 pending were tabled pursuant to Rule 40(a). On motion of Representative Shirley Jones, HOUSE BILL 2284 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 26) 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 Joseph Lyons, HOUSE BILL 778 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: 87, Yeas; 26, Nays; 0, Answering Present. (ROLL CALL 27) 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 Hoeft, HOUSE BILL 1457 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 28) 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 Schoenberg, HOUSE BILL 135 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Schoenberg, further consideration of HOUSE BILL 135 was postponed. On motion of Representative Granberg, HOUSE BILL 3024 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 29) 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. RECESS At the hour of 4:48 o'clock p.m., Representative Black moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 6:48 o'clock p.m., the House resumed its session. Representative Hartke in the Chair. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and held on the order of Second Reading: HOUSE BILLS 47, 170, 203, 204, 237, 252, 263, 273, 330, 342, 346, 347, 350, 356, 359, 380, 381, 423, 424, 475, 499, 601, 631, 640, 649, 660, 664, 665, 666, 667, 668, 676, 774, 789, 822, 827, 828, 855, 856, 920, 926, 1042, 1043, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109,
45 [April 4, 2001] 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1437, 1438, 1439, 1436, 1440, 1441, 1442, 1443, 1444, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1445, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599, 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, 1642, 1643, 1644, 1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, 1653, 1654, 1655, 1656, 1657, 1658, 1659, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1670, 1671, 1672, 1673, 1674, 1675, 1676, 1677, 1678, 1679, 1680, 1681, 1682, 1683, 1684, 1728, 1745, 1746, 1747, 1748, 1774, 1775, 1829, 1831, 1832, 1839, 1840, 1841, 1845, 1888, 1894, 1949, 1950, 1959, 2017, 2020, 2021, 2077, 2085, 2122, 2125, 2137, 2141, 2196, 2206, 2228, 2232, 2238, 2241, 2242, 2277, 2354, 2357, 2397, 2424, 2428, 2429, 2450, 2481, 2488, 2523, 2568, 2569, 2572, 2573, 2574, 2576, 2577, 2578, 2579, 2580, 2581, 2582, 2583, 2584, 2585, 2586, 2587, 2588, 2589, 2591, 2592, 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612, 2613, 2614, 2615, 2616, 2617, 2618, 2619, 2620, 2621, 2622, 2623, 2624, 2625, 2626, 2627, 2628, 2629, 2630, 2631, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644, 2645, 2646, 2647, 2648, 2649, 2650, 2651, 2652, 2653, 2654, 2655, 2656, 2657, 2658, 2659, 2660, 2661, 2662, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2670, 2671, 2672, 2673, 2674, 2675, 2676, 2677, 2678, 2680, 2681, 2682, 2683, 2684, 2685, 2686, 2687, 2688, 2689, 2690, 2691, 2692, 2693, 2694, 2695, 2696, 2697, 2698, 2699, 2700, 2701, 2702, 2703, 2704, 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712, 2713, 2714, 2715, 2716, 2717, 2718, 2719, 2720, 2721, 2722, 2723, 2724, 2725, 2726, 2727, 2728, 2729, 2730, 2731, 2732, 2733, 2734, 2735, 2736, 2737, 2738, 2740, 2742, 2743, 2744, 2745,
[April 4, 2001] 46 2746, 2747, 2748, 2749, 2750, 2751, 2752, 2753, 2754, 2755, 2756, 2767, 2758, 2759, 2760, 2761, 2762, 2763, 2764, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2772, 2773, 2774, 2775, 27776, 2777, 2778, 2779, 2780, 2781, 2782, 2783, 2784, 2785, 2786, 2787, 2788, 2789, 2790, 2791, 2792, 2793, 2794, 2795, 2796, 2797, 2798, 2799, 2800, 2801, 2802, 2803, 2804, 2805, 2806, 2808, 2809, 2810, 2811, 2812, 2813, 2814, 2815, 2816, 2817, 2818, 2819, 2820, 2821, 2822, 2823, 2824, 2825, 2826, 2827, 2828, 2829, 2830, 2831, 2832, 2833, 2834, 2835, 2836, 2837, 2838, 2839, 2840, 2841, 2842, 2843, 2844, 2845, 2846, 2847, 2848, 2849, 2850, 2851, 2852, 2853, 2854, 2855, 2856, 2857, 2858, 2859, 2862, 2863, 2864, 2866, 2867, 2868, 2869, 2870, 2871, 2872, 2873, 2874, 2875, 2876, 2877, 2878, 2879, 2880, 2881, 2882, 2883, 2884, 2885, 2886, 2887, 2888, 2889, 2890, 2891, 2892, 2893, 2894, 2895, 2896, 2897, 2898, 2899, 2900, 2901, 2902, 2903, 2904, 2905, 2906, 2907, 2908, 2909, 2910, 2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2925, 2926, 2928, 2929, 2930, 2931, 2932, 2933, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2947, 2948, 2949, 2951, 2952, 2953, 2954, 2955, 2956, 2957, 2958, 2959, 2960, 2961, 2962, 2963, 2964, 2965, 2966, 2967, 2968, 2969, 2970, 2971, 2972, 2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983, 2984, 2985, 2986, 2987, 2988, 2989, 2990, 2991, 2992, 3018, 3031, 3034, 3111, 3114, 3117, 3122, 3161, 3173, 3184, 3195, 3204, 3234, 3239, 3252, 3254, 3256, 3308, 3333, 3337, 3338, 3339, 3360, 3366, 3380, 3393, 3463, 3489, 3490, 3491, 3492, 3493, 3494, 3495, 3544, 3566, 3589, 3590, 3591, 3592, 3593, 3594, 3595, 3596, 3597, 3598, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 3613, 3614, 3615 and 3616. Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILL 2110. 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 Brady, HOUSE BILL 2865 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 30) 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 1886 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 100, Yeas; 0, Nays; 3, Answering Present. (ROLL CALL 31) 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. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Black moved to discharge the Committee on Rules from further consideration of HOUSE BILL 8, and to hear it immediately. Representative Currie questioned if the Motion was in order.
47 [April 4, 2001] The Chair ruled the Motion out of order. Representative Black moved to sustain the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 48, Yeas; 54, Nays; 1, Answering Present. (ROLL CALL 32) The motion prevailed. 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 210 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: 102, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 33) 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 Capparelli, HOUSE BILL 2535 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: 60, Yeas; 40, Nays; 1, Answering Present. (ROLL CALL 34) 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 Saviano, HOUSE BILL 334 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 29, Yeas; 61, Nays; 8, Answering Present. (ROLL CALL 35) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative Dart, HOUSE BILL 1961 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 95, Yeas; 6, Nays; 0, Answering Present. (ROLL CALL 36) 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 Lindner, HOUSE BILL 646 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: 90, Yeas; 10, Nays; 0, Answering Present. (ROLL CALL 37) 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 Franks, HOUSE BILL 211 was taken up and
[April 4, 2001] 48 read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 99, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 38) 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 Myers, HOUSE BILL 2098 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: 92, Yeas; 6, Nays; 1, Answering Present. (ROLL CALL 39) 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 Dart, HOUSE BILL 3098 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 91, Yeas; 10, Nays; 0, Answering Present. (ROLL CALL 40) 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. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Black moved to discharge the Committee on Rules from further consideration of HOUSE BILL 57, and to hear it immediately. Representative Currie questioned if the Motion was in order. The Chair ruled the Motion out of order. Representative Black moved to sustain the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 48, Yeas; 52, Nays; 0, Answering Present. (ROLL CALL 41) The motion prevailed. 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 Granberg, HOUSE BILL 843 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 95, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 42) 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 Myers, HOUSE BILL 1921 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 Myers,
49 [April 4, 2001] further consideration of HOUSE BILL 1921 was postponed. RECALLS By unanimous consent, on motion of Representative Reitz, HOUSE BILL 2575 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 2437. Having been recalled on April 2, 2001, and held on the order of Second Reading, the same was again taken up. Represenative Brosnahan moved to tabled Amendment No. 2. And on that motion, a vote was taken resulting as follows: 103, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 43) The motion prevailed. Representative Brosnahan offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 2437 AMENDMENT NO. 3. Amend House Bill 2437, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, by replacing lines 13 through 20 with the following: "Section 10. Application of Act; definitions. This Act applies to persons with disabilities. The disabilities included are defined for purposes of this Act as follows: "Disability" means a disability as defined by the Americans with Disabilities Act of 1990 that is attributable to a developmental disability, a mental illness, or a physical disability, or combination of those. "Developmental disability" means a disability that is attributable to mental retardation or a related condition. A related condition must meet all of the following conditions: (1) It must be attributable to cerebral palsy, epilepsy, or autism, or any other condition (other than mental illness) found to be closely related to mental retardation because that condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with mental retardation, and requires treatment or services similar to those required for those individuals. (2) It must be manifested before the individual reaches age 22. (3) It must be likely to continue indefinitely. (4) It must result in substantial functional limitations in 3 or more of the following areas of major life activity: self-care, language, learning, mobility, self-direction, and capacity for independent living. "Mental Illness" means a mental or emotional disorder verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition, published by the American Psychiatric Association (DSM-IV) or International Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM) that substantially impairs a person's cognitive, emotional, or behavioral functioning, or any combination of those, excluding (i) conditions that may be the focus of clinical attention but are not of sufficient duration or severity to be categorized as a mental illness, such as parent-child relational problems, partner-relational problems, sexual abuse of a child, bereavement, academic problems, phase-of-life problems, and occupational problems (collectively, "V codes"), (ii) organic disorders such as substance intoxication dementia, substance withdrawal dementia,
[April 4, 2001] 50 Alzheimer's disease, vascular dementia, dementia due to HIV infection, and dementia due to Creutzfeld-Jakob disease and disorders associated with known or unknown physical conditions such as hallucinasis, amnestic disorders and delirium, psychoactive substance-induced organic disorders, and (iii) mental retardation or psychoactive substance use disorders. "Mental retardation" means significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the age of 22 years. "Significantly sub-average" means an intelligence quotient (IQ) of 70 or below on standardized measures of intelligence. This upper limit could be extended upward depending on the reliability of the intelligence test used. "Physical disability" means a disability as defined by the Americans with Disabilities Act of 1990 that meets the following criteria: (1) It is attributable to a physical impairment. (2) It results in a substantial functional limitation in 3 or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency. (3) It reflects the person's need for a combination and sequence of special, interdisciplinary, or general care, treatment, or other services that are of lifelong or of extended duration and must be individually planned and coordinated."; and on page 2, by deleting lines 1 through 10; and on page 2, line 18, by replacing "Case coordination services" with "Service coordination"; and on page 2, line 20, by replacing "Case" with "Service"; and on page 2, line 21, by replacing "services are" with "is"; and on page 2, line 24, by replacing "Case" with "Service"; and on page 2, line 25, by replacing "services include" with "includes"; and on page 2, by replacing lines 29 through 31 with the following: "participation in the development of a comprehensive individual service or treatment plan; (iv) referral to and linkage with needed services and supports; (v) monitoring to"; and on page 2, line 34, by inserting "for" after "services"; and on page 3, by replacing line 1 with the following: "he or she is eligible or entitled."; and on page 3, lines 6 and 7, by replacing "and assessments used" with "used by qualified professionals selectively with an individual"; and on page 3, lines 9 and 10, by deleting "The term means procedures used selectively with an individual."; and on page 3, line 15, by replacing "a family member" with "an individual"; and on page 3, line 16, after "home", by inserting "or his or her own home"; and on page 3, line 19, by replacing "program" with "service or treatment"; and on page 3, line 23, by changing "professional" to "professionals"; and on page 3, line 30, by inserting "service or treatment" after "individual"; and on page 4, by replacing lines 2 and 3 with the following: "person with a suspected disability who is applying for Department-authorized disability services must receive a comprehensive"; and on page 4, line 10, by inserting "service or treatment" after "Individual"; and on page 4, line 12, by inserting "service or treatment" after "individual"; and on page 4, line 14, by replacing "program" with "service or treatment"; and on page 4, line 15, by replacing "twice each year" with "annually"; and on page 4, line 19, by replacing "representatives" with "guardian"; and
51 [April 4, 2001] on page 4, line 21, by inserting "service or treatment" after "individual"; and on page 4, line 26, after the period, by inserting: "Family members and other representatives of the person with a disability must be allowed, encouraged, and supported to participate as well, if the person with a disability consents to that participation."; and on page 4, line 29, by deleting "age,"; and on page 4, by replacing lines 30 and 31 with the following: "ability to pay (except where contrary to law), or criminal record. Specific program eligibility requirements with regard to disability, level of need, age, and other matters may be established by the Department by rule. The Department may set priorities for the provision of services and for determining the need and eligibility for services in accordance with available funding."; and on page 4, line 34, after "both,", by inserting "whenever possible and appropriate,"; and on page 5, line 1, after "skills", by inserting "when authorized for such services"; and on page 5, line 5, before the period, by inserting "when authorized for those services"; and on page 5, by replacing line 6 with "offered in the most integrated setting appropriate."; and on page 5, by replacing line 14 with "by no later than the school year in which the person reaches age 14, consistent with the requirements of the federal Individuals with Disabilities Education Act and Article XIV of the School Code."; and on page 5, line 19, by replacing "must" with "should"; and on page 5, by replacing line 20 with "lead to employment and reemployment in the most integrated setting appropriate to the individual."; and on page 5, line 24, by replacing "Case coordination services" with "Service coordination"; and on page 5, by replacing line 25 with the following: "disability who is receiving direct services from the Department must be provided service coordination when needed."; and on page 5, line 30, by replacing "before a" with "before an impartial"; and on page 6, line 3, by replacing "Reasonable" with "Prevailing"; and on page 6, line 17, after "composed of", by inserting "persons with disabilities, family representatives, and"; and on page 6, by replacing lines 20 and 21 with the following: "disabilities."; and on page 6, by replacing line 25 with the following: "comprehensive evaluations, including provisions for Department review and approval of need determinations. The Department may utilize independent evaluators and targeted or sample reviews during this review and approval process, as it deems appropriate."; and on page 6, by replacing line 27 with the following: "an individual service or treatment plan for each person with a disability, including provisions for Department review and authorization."; and on page 7, line 14, by replacing "October 1, 2001" with "July 1, 2002"; and on page 7, line 19, by inserting "service or treatment" after "individual"; and on page 7, line 21, after the period, by inserting the following: "This description shall include a report of related program and service improvements or expansions implemented by the Department since the effective date of this Act."; and on page 7, line 34, by replacing "March" with "July"; and on page 8, line 1, after the period, by inserting the following: "Initial implementation of the plan is required by July 1, 2003. The requirement of annual updates and reports expires in 2007, unless otherwise extended by the General Assembly.". The motion prevailed and the amendment was adopted and ordered
[April 4, 2001] 52 printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2527. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2527 AMENDMENT NO. 1. Amend House Bill 2527, on page 2, line 4, by replacing "first $1,900,000" with "funds"; and on page 2, by replacing lines 6 and 7 with "Hazardous Waste Fund. If a site is contiguous to"; and on page 2, line 33, by replacing "$1.05" with "one dollar and 10.5 cents
53 [April 4, 2001] petition for"; and on page 6, by replacing line 32 with the following: "Section 45. Medical assistance. Notwithstanding any other provision of law, a newborn infant relinquished in accordance with this Act shall be deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant shall be reimbursed for those services in accordance with the payment methodologies authorized under that Code. In addition, for any day that a hospital has custody of a newborn infant relinquished in accordance with this Act and the infant does not require medically necessary care, the hospital shall be reimbursed by the Illinois Department of Public Aid at the general acute care per diem rate, in accordance with 89 Ill. Adm. Code 148.270(c)."; and on page 7, by deleting lines 1 and 2; and on page 8, lines 22, 26, and 33, by deleting "or legal guardian" each time it appears; and on page 8, line 24, before "termination", by inserting "filing of a petition for"; and on page 8, line 29, by replacing "and filing" with the following: "for the purpose of obtaining the name of the child-placing agency and then filing"; and on page 9, lines 2, 16, and 18, by deleting "or legal guardian" each time it appears; and on page 9, by replacing lines 5 through 9 with the following: "(d) The circuit court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period: (1) The court shall order genetic testing to establish maternity or paternity, or both. (2) The Department shall conduct a child protective investigation and home study to develop recommendations to the court. (3) When indicated as a result of the Department's investigation and home study, further proceedings under the Juvenile Court Act of 1987 as the court determines appropriate, may be conducted. However, relinquishment of a newborn infant in accordance with this Act does not render the infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a hospital, fire station, or emergency medical facility in accordance with this Act. on page 9, line 11, before "termination", by inserting "filing of a petition for"; and on page 9, lines 13 and 14, by replacing "parent or legal guardian's" with "parent's"; and on page 9, lines 29 and 30, by replacing "parent or legal guardian's" with "parent's"; and on page 9, line 32, by deleting "or legal guardian's"; and on page 18, after line 23, by inserting the following: "Section 96. The Criminal Code of 1961 is amended by changing Sections 12-21.5 and 12-21.6 as follows: (720 ILCS 5/12-21.5) Sec. 12-21.5. Child Abandonment. (a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act. (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors: (1) the age of the child;
[April 4, 2001] 54 (2) the number of children left at the location; (3) special needs of the child, including whether the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; (4) the duration of time in which the child was left without supervision; (5) the condition and location of the place where the child was left without supervision; (6) the time of day or night when the child was left without supervision; (7) the weather conditions, including whether the child was left in a location with adequate protection from the natural elements such as adequate heat or light; (8) the location of the parent, guardian, or other person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision; (9) whether the child's movement was restricted, or the child was otherwise locked within a room or other structure; (10) whether the child was given a phone number of a person or location to call in the event of an emergency and whether the child was capable of making an emergency call; (11) whether there was food and other provision left for the child; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the child; (14) any other factor that would endanger the health or safety of that particular child; (15) whether the child was left under the supervision of another person. (d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. (Source: P.A. 88-479.) (720 ILCS 5/12-21.6) Sec. 12-21.6. Endangering the life or health of a child. (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. (b) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. (Source: P.A. 90-687, eff. 7-31-98.) Section 96.5. The Neglected Children Offense Act is amended by changing Section 2 as follows: (720 ILCS 130/2) (from Ch. 23, par. 2361) Sec. 2. Any parent, legal guardian or person having the custody of a child under the age of 18 years, who knowingly or wilfully causes, aids or encourages such person to be or to become a dependent and neglected child as defined in section 1, who knowingly or wilfully does acts which directly tend to render any such child so dependent and neglected, or who knowingly or wilfully fails to do that which will directly tend to prevent such state of dependency and neglect is guilty of the Class A misdemeanor of contributing to the dependency and
55 [April 4, 2001] neglect of children, except that a person who relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act is not guilty of that misdemeanor. Instead of imposing the punishment hereinbefore provided, the court may release the defendant from custody on probation for one year upon his or her entering into recognizance with or without surety in such sum as the court directs. The conditions of the recognizance shall be such that if the defendant appears personally in court whenever ordered to do so within the year and provides and cares for such neglected and dependent child in such manner as to prevent a continuance or repetition of such state of dependency and neglect or as otherwise may be directed by the court then the recognizance shall be void, otherwise it shall be of full force and effect. If the court is satisfied by information and due proof under oath that at any time during the year the defendant has violated the terms of such order it may forthwith revoke the order and sentence him or her under the original conviction. Unless so sentenced, the defendant shall at the end of the year be discharged. In case of forfeiture on the recognizance the sum recovered thereon may in the discretion of the court be paid in whole or in part to someone designated by the court for the support of such dependent and neglected child. (Source: P.A. 77-2350.)". Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 632 AMENDMENT NO. 2. Amend House Bill 632, AS AMENDED, as follows: by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Abandoned Newborn Infant Protection Act. Section 5. Public policy. Illinois recognizes that newborn infants have been abandoned to the environment or to other circumstances that may be unsafe to the newborn infant. These circumstances have caused injury and death to newborn infants and give rise to potential civil or criminal liability to parents who may be under severe emotional distress. This Act is intended to provide a mechanism for a newborn infant to be relinquished to a safe environment and for the parents of the infant to remain anonymous if they choose and to avoid civil or criminal liability for the act of relinquishing the infant. It is recognized that establishing an adoption plan is preferable to relinquishing a child using the procedures outlined in this Act, but to reduce the chance of injury to a newborn infant, this Act provides a safer alternative. A public information campaign on this delicate issue shall be implemented to encourage parents considering abandonment of their newborn child to relinquish the child under the procedures outlined in this Act, to choose a traditional adoption plan, or to parent a child themselves rather than place the newborn infant in harm's way. Section 10. Definitions. In this Act: "Abandon" has the same meaning as in the Abused and Neglected Child Reporting Act. "Abused child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Child-placing agency" means a licensed public or private agency that receives a child for the purpose of placing or arranging for the placement of the child in a foster family home or other facility for child care, apart from the custody of the child's parents. "Department" or "DCFS" means the Illinois Department of Children and Family Services. "Emergency medical facility" means a freestanding emergency center or trauma center, as defined in the Emergency Medical Services (EMS) Systems Act. "Emergency medical professional" includes licensed physicians, and
[April 4, 2001] 56 any emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, trauma nurse specialist, and pre-hospital RN, as defined in the Emergency Medical Services (EMS) Systems Act. "Fire station" means a fire station within the State that is staffed with at least one full-time emergency medical professional. "Hospital" has the same meaning as in the Hospital Licensing Act. "Legal custody" means the relationship created by a court order in the best interest of a newborn infant that imposes on the infant's custodian the responsibility of physical possession of the infant, the duty to protect, train, and discipline the infant, and the duty to provide the infant with food, shelter, education, and medical care, except as these are limited by parental rights and responsibilities. "Neglected child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Newborn infant" means a child who a licensed physician reasonably believes is 72 hours old or less at the time the child is initially relinquished to a hospital, fire station, or emergency medical facility, and who is not an abused or a neglected child. "Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 72 hours old or less, to a hospital, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant. In the case of a mother who gives birth to an infant in a hospital, the mother's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the infant or (ii) stating that she will not return for the infant is not a "relinquishment" under this Act. "Temporary protective custody" means the temporary placement of a newborn infant within a hospital or other medical facility out of the custody of the infant's parent. Section 15. Presumptions. (a) There is a presumption that by relinquishing a newborn infant in accordance with this Act, the infant's parent consents to the termination of his or her parental rights with respect to the infant. (b) There is a presumption that a person relinquishing a newborn infant in accordance with this Act: (1) is the newborn infant's biological parent; and (2) either without expressing an intent to return for the infant or expressing an intent not to return for the infant, did intend to relinquish the infant to the hospital, fire station, or emergency medical facility to treat, care for, and provide for the infant in accordance with this Act. (c) A parent of a relinquished newborn infant may rebut the presumption set forth in either subsection (a) or subsection (b) pursuant to Section 55, at any time before the termination of the parent's parental rights. Section 20. Procedures with respect to relinquished newborn infants. (a) Hospitals. Every hospital must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the infant. The hospital shall be deemed to have temporary protective custody of a relinquished newborn infant until the infant is discharged to the custody of a child-placing agency or the Department. (b) Fire stations and emergency medical facilities. Every fire station and emergency medical facility must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The act of relinquishing a newborn infant serves as implied consent for the fire station or emergency medical facility and its emergency medical professionals to treat and provide care for the infant, to the
57 [April 4, 2001] extent that those emergency medical professionals are trained to provide those services. After the relinquishment of a newborn infant to a fire station or emergency medical facility, the fire station or emergency medical facility's personnel must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. If the parent of a new born infant returns to reclaim the child within 72 hours after relinquishing the child to a fire station or emergency medical facility, the fire station or emergency medical facility must inform the parent of the name and location of the hospital to which the infant was transported. Section 25. Immunity for relinquishing person. (a) The act of relinquishing a newborn infant to a hospital, fire station, or emergency medical facility in accordance with this Act does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this State nor does it, by itself, constitute a violation of Section 12-21.5 or 12-21.6 of the Criminal Code of 1961. (b) If there is suspected child abuse or neglect that is not based solely on the newborn infant's relinquishment to a hospital, fire station, or emergency medical facility, the personnel of the hospital, fire station, or emergency medical facility who are mandated reporters under the Abused and Neglected Child Reporting Act must report the abuse or neglect pursuant to that Act. (c) Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this Act. Section 27. Immunity of facility and personnel. A hospital, fire station, or emergency medical facility, and any personnel of a hospital, fire station, or emergency medical facility, are immune from criminal or civil liability for acting in good faith in accordance with this Act. Nothing in this Act, however, limits a person's liability for negligence. Section 30. Anonymity of relinquishing person. If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing person has the right to remain anonymous and to leave the hospital, fire station, or emergency medical facility at any time and not be pursued or followed. Before the relinquishing person leaves the hospital, fire station, or emergency medical facility, the hospital, fire station, or emergency medical facility shall offer the relinquishing person an information packet described in Section 35 of this Act. However, nothing in this Act shall be construed as precluding the relinquishing person from providing his or her identity or completing the application forms for the Illinois Adoption Registry and Medical Information Exchange and requesting that the hospital, fire station, or emergency medical facility forward those forms to the Illinois Adoption Registry and Medical information Exchange. Section 35. Information for relinquishing person. A hospital, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act must offer an information packet to the relinquishing person and, if possible, must clearly inform the relinquishing person that his or her acceptance of the information is completely voluntary, that registration with the Illinois Adoption Registry and Medical Information Exchange is voluntary, that the person will remain anonymous if he or she completes a Denial of Information Exchange, and that the person has the option to provide medical information only and still remain anonymous. The information packet must include all of the following: (1) All Illinois Adoption Registry and Medical Information Exchange application forms, including the Medical Information Exchange Questionnaire and the web site address and toll free phone number of the Registry. (2) Written notice of the following: (A) No sooner than 60 days following the date of the initial relinquishment of the infant to a hospital, fire station, or emergency medical facility, the child-placing
[April 4, 2001] 58 agency or the Department will commence proceedings for the termination of parental rights and placement of the infant for adoption. (B) Failure of a parent of the infant to contact the Department and petition for the return of custody of the infant before termination of parental rights bars any future action asserting legal rights with respect to the infant. (3) A resource list of providers of counseling services including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the infant. Upon request, the Department of Public Health shall provide the application forms for the Illinois Adoption Registry and Medical Information Exchange to hospitals, fire stations, and emergency medical facilities. Section 40. Reporting requirements. (a) Within 12 hours after accepting a newborn infant from a relinquishing person or from a fire station or emergency medical facility in accordance with this Act, a hospital must report to the Department's State Central Registry for the purpose of transferring physical custody of the infant from the hospital to either a child-placing agency or the Department. (b) Within 24 hours after receiving a report under subsection (a), the Department must request assistance from law enforcement officials to investigate the matter using the National Crime Information Center to ensure that the relinquished newborn infant is not a missing child. (c) Once a hospital has made a report to the Department under subsection (a), the Department must provide to the hospital the name of a licensed child-placing agency. The hospital must then arrange for the child-placing agency to accept physical custody of the relinquished newborn infant. (d) If a relinquished child is not a newborn infant as defined in this Act, the hospital and the Department must proceed as if the child is an abused or neglected child. Section 45. Medical assistance. Notwithstanding any other provision of law, a newborn infant relinquished in accordance with this Act shall be deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant shall be reimbursed for those services in accordance with the payment methodologies authorized under that Code. In addition, for any day that a hospital has custody of a newborn infant relinquished in accordance with this Act and the infant does not require medically necessary care, the hospital shall be reimbursed by the Illinois Department of Public Aid at the general acute care per diem rate, in accordance with 89 Ill. Adm. Code 148.270(c). Section 50. Child-placing agency procedures. (a) The Department's State Central Registry must maintain a list of licensed child-placing agencies willing to take legal custody of newborn infants relinquished in accordance with this Act. The child-placing agencies on the list must be contacted by the Department on a rotating basis upon notice from a hospital that a newborn infant has been relinquished in accordance with this Act. (b) Upon notice from the Department that a newborn infant has been relinquished in accordance with this Act, a child-placing agency must accept the newborn infant if the agency has the accommodations to do so. The child-placing agency must seek an order for legal custody of the infant upon its acceptance of the infant. (c) In order to secure legal custody, the child-placing agency shall file a petition seeking custody, alleging that the newborn infant has been relinquished pursuant to this Act. This petition shall be filed in the circuit court in the division in which petitions for adoption would normally be heard. The standard of proof and rules of evidence in the nature of civil proceedings in this State are applicable to proceedings under this subsection. (d) If no licensed child-placing agency is able to accept the relinquished newborn infant, then the Department must assume
59 [April 4, 2001] responsibility for the infant as soon as practicable. (e) A custody order issued under subsection (b) shall remain in effect until a final adoption order based on the relinquished newborn infant's best interests is issued in accordance with this Act and the Adoption Act. (f) When possible, the child-placing agency must place a relinquished newborn infant in a prospective adoptive home. (g) The Department or child-placing agency must initiate proceedings to (i) terminate the parental rights of the relinquished newborn infant's known or unknown parents, (ii) appoint a guardian for the infant, and (iii) obtain consent to the infant's adoption in accordance with this Act no sooner than 60 days following the date of the initial relinquishment of the infant to the hospital, fire station, or emergency medical facility. (h) Before filing a petition for termination of parental rights, the Department or child-placing agency must do the following: (1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted, at least 30 days after the relinquished newborn infant's estimated date of birth; earlier searches may be conducted, however. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with Section 12a of the Adoption Act. (2) Verify with law enforcement officials, using the National Crime Information Center, that the relinquished newborn infant is not a missing child. Section 55. Petition for return of custody. (a) In compliance with Section 9 of the Adoption Act, if the parent returns to the hospital, emergency medical facility, or fire station to reclaim a child within 72 hours after the child's birth, the provisions of the Adoption Act shall apply, and the abandonment of the child shall not be considered a relinquishment under this Act. In cases in which the newborn infant was not born in a hospital or not born in the hospital where he or she was relinquished, however, the parent shall be required to undergo genetic testing to confirm that he or she is the biological parent of the child before the child can be released by the hospital. (b) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant before the termination of parental rights with respect to the infant. (c) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant by contacting the Department for the purpose of obtaining the name of the child-placing agency and then filing a petition for return of custody in the circuit court in which the proceeding for the termination of parental rights is pending. (d) If a petition for the termination of parental rights has not been filed by the Department or the child-placing agency, the parent of the relinquished newborn infant must contact the Department, which must notify the parent of the appropriate court in which the petition for return of custody must be filed. (e) The circuit court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period: (1) The court shall order genetic testing to establish maternity or paternity, or both. (2) The Department shall conduct a child protective investigation and home study to develop recommendations to the court. (3) When indicated as a result of the Department's investigation and home study, further proceedings under the
[April 4, 2001] 60 Juvenile Court Act of 1987 as the court determines appropriate, may be conducted. However, relinquishment of a newborn infant in accordance with this Act does not render the infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a hospital, fire station, or emergency medical facility in accordance with this Act. (f) Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the infant unless the parent's act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the parent. No action to void or revoke the termination of parental rights of a parent of a newborn infant relinquished in accordance with this Act, including an action based on fraud, may be commenced after 12 months after the date that the newborn infant was initially relinquished to a hospital, fire station, or emergency medical facility. Section 60. Department's duties. The Department must implement a public information program to promote safe placement alternatives for newborn infants. The public information program must inform the public of the following: (1) The relinquishment alternative provided for in this Act, which results in the adoption of a newborn infant 72 hours old or less and which provides for the parent's anonymity if the parent so chooses. (2) The alternative of adoption through a public or private agency, in which the parent's identity may or may not be known to the agency, but is kept anonymous from the adoptive parents, if the birth parent so desires, and which allows the parent to be actively involved in the child's adoption plan. The public information program may include, but need not be limited to, the following elements: (i) Educational and informational materials in print, audio, video, electronic or other media. (ii) Establishment of a web site. (iii) Public service announcements and advertisements. (iv) Establishment of toll-free telephone hotlines to provide information. Section 65. Construction of Act. Nothing in this Act shall be construed to preclude the courts of this State from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child shall be a paramount consideration in the construction and interpretation of this Act. It is in the child's best interests that this Act be construed and interpreted so as not to result in extending time limits beyond those set forth in this Act. Section 70. Evaluation. (a) The Department shall collect and analyze information regarding the relinquishment of newborn infants and placement of children under this Act. Fire stations, emergency medical facilities, and medical professionals accepting and providing services to a newborn infant under this Act shall report to the Department data necessary for the Department to evaluate and determine the effect of this Act in the prevention of injury or death of newborn infants. Child-placing agencies shall report to the Department data necessary to evaluate and determine the effectiveness of these agencies in providing child protective and child welfare services to newborn infants relinquished under this Act. (b) The information collected shall include, but need not be limited to: the number of newborn infants relinquished; the outcome of care for the relinquished newborn infants; the number and disposition of cases of relinquished newborn infants subject to placement; the number of children accepted and served by child-placing agencies; and the services provided by child-placing agencies and the disposition of the cases of the children placed under this Act. (c) The Department shall submit a report by January 1, 2002, and
61 [April 4, 2001] on January 1 of each year thereafter, to the Governor and General Assembly regarding the prevention of injury or death of newborn infants and the effect of placements of children under this Act. The report shall include, but need not be limited to, a summary of collected data, an analysis of the data and conclusions regarding the Act's effectiveness, a determination whether the purposes of the Act are being achieved, and recommendations for changes that may be considered necessary to improve the administration and enforcement of this Act. Section 75. Repeal. This Act is repealed on July 1, 2007. Section 90. The Illinois Public Aid Code is amended by changing Section 4-1.2 as follows: (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) Sec. 4-1.2. Living Arrangements - Parents - Relatives - Foster Care. (a) The child or children must (1) be living with his or their father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, or other relative approved by the Illinois Department, in a place of residence maintained by one or more of such relatives as his or their own home, or (2) have been (a) removed from the home of the parents or other relatives by judicial order under the Juvenile Court Act or the Juvenile Court Act of 1987, as amended, (b) placed under the guardianship of the Department of Children and Family Services, and (c) under such guardianship, placed in a foster family home, group home or child care institution licensed pursuant to the "Child Care Act of 1969", approved May 15, 1969, as amended, or approved by that Department as meeting standards established for licensing under that Act, or (3) have been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child so placed in foster care who was not receiving aid under this Article in or for the month in which the court proceedings leading to that placement were initiated may qualify only if he lived in the home of his parents or other relatives at the time the proceedings were initiated, or within 6 months prior to the month of initiation, and would have received aid in and for that month if application had been made therefor. (b) The Illinois Department may, by rule, establish those persons who are living together who must be included in the same assistance unit in order to receive cash assistance under this Article and the income and assets of those persons in an assistance unit which must be considered in determining eligibility. (c) The conditions of qualification herein specified shall not prejudice aid granted under this Code for foster care prior to the effective date of this 1969 Amendatory Act. (Source: P.A. 90-17, eff. 7-1-97.) Section 92. The Abused and Neglected Child Reporting Act is amended by changing Section 3 as follows: (325 ILCS 5/3) (from Ch. 23, par. 2053) Sec. 3. As used in this Act unless the context otherwise requires: "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services. "Department" means Department of Children and Family Services. "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: a. inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; b. creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health,
[April 4, 2001] 62 or loss or impairment of any bodily function; c. commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include children under 18 years of age; d. commits or allows to be committed an act or acts of torture upon such child; e. inflicts excessive corporal punishment; f. commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against the child; or g. causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act in violation of Article IV of the Illinois Controlled Substances Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription. A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended. "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform the duties and responsibilities as provided under Section 7.2 of this Act. "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, or any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, and volunteers or support personnel in any setting where children may be subject to abuse or neglect.
63 [April 4, 2001] "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists. "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists. "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act and his or her parent, guardian or other person responsible who is also named in the report. "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect. (Source: P.A. 90-239, eff. 7-28-97; 90-684, eff. 7-31-98; 91-802, eff. 1-1-01.) Section 95. The Juvenile Court Act of 1987 is amended by changing Sections 2-3 and 2-4 as follows: (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) Sec. 2-3. Neglected or abused minor. (1) Those who are neglected include: (a) any minor under 18 years of age who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter, or who is abandoned by his or her parents or other person responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare has left the minor in the care of an adult relative for any period of time; or (b) any minor under 18 years of age whose environment is injurious to his or her welfare; or (c) any newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant; or (d) any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including but not limited to: (1) the age of the minor; (2) the number of minors left at the location; (3) special needs of the minor, including whether the minor is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; (4) the duration of time in which the minor was left without supervision; (5) the condition and location of the place where the minor
[April 4, 2001] 64 was left without supervision; (6) the time of day or night when the minor was left without supervision; (7) the weather conditions, including whether the minor was left in a location with adequate protection from the natural elements such as adequate heat or light; (8) the location of the parent or guardian at the time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision; (9) whether the minor's movement was restricted, or the minor was otherwise locked within a room or other structure; (10) whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call; (11) whether there was food and other provision left for the minor; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the minor; (14) whether the minor was left under the supervision of another person; (15) any other factor that would endanger the health and safety of that particular minor. A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (2) Those who are abused include any minor under 18 years of age whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent: (i) inflicts, causes to be inflicted, or allows to be inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (ii) creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function; (iii) commits or allows to be committed any sex offense against such minor, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include minors under 18 years of age; (iv) commits or allows to be committed an act or acts of torture upon such minor; or (v) inflicts excessive corporal punishment. A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for himself, his parents, guardian or custodian. (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.) (705 ILCS 405/2-4) (from Ch. 37, par. 802-4) Sec. 2-4. Dependent minor. (1) Those who are dependent include any minor under 18 years of age: (a) who is without a parent, guardian or legal custodian; (b) who is without proper care because of the physical or mental disability of his parent, guardian or custodian; (c) who is without proper medical or other remedial care recognized under State law or other care necessary for his or her
65 [April 4, 2001] well being through no fault, neglect or lack of concern by his parents, guardian or custodian, provided that no order may be made terminating parental rights, nor may a minor be removed from the custody of his or her parents for longer than 6 months, pursuant to an adjudication as a dependent minor under this subdivision (c), unless it is found to be in his or her best interest by the court or the case automatically closes as provided under Section 2-31 of this Act;
[April 4, 2001] 66 (11) whether there was food and other provision left for the child; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the child; (14) any other factor that would endanger the health or safety of that particular child; (15) whether the child was left under the supervision of another person. (d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. (Source: P.A. 88-479.) (720 ILCS 5/12-21.6) Sec. 12-21.6. Endangering the life or health of a child. (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. (b) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. (Source: P.A. 90-687, eff. 7-31-98.) Section 96.5. The Neglected Children Offense Act is amended by changing Section 2 as follows: (720 ILCS 130/2) (from Ch. 23, par. 2361) Sec. 2. Any parent, legal guardian or person having the custody of a child under the age of 18 years, who knowingly or wilfully causes, aids or encourages such person to be or to become a dependent and neglected child as defined in section 1, who knowingly or wilfully does acts which directly tend to render any such child so dependent and neglected, or who knowingly or wilfully fails to do that which will directly tend to prevent such state of dependency and neglect is guilty of the Class A misdemeanor of contributing to the dependency and neglect of children, except that a person who relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act is not guilty of that misdemeanor. Instead of imposing the punishment hereinbefore provided, the court may release the defendant from custody on probation for one year upon his or her entering into recognizance with or without surety in such sum as the court directs. The conditions of the recognizance shall be such that if the defendant appears personally in court whenever ordered to do so within the year and provides and cares for such neglected and dependent child in such manner as to prevent a continuance or repetition of such state of dependency and neglect or as otherwise may be directed by the court then the recognizance shall be void, otherwise it shall be of full force and effect. If the court is satisfied by information and due proof under oath that at any time during the year the defendant has violated the terms of such order it may forthwith revoke the order and sentence him or her under the original conviction. Unless so sentenced, the defendant shall at the end of the year be discharged. In case of forfeiture on the recognizance the sum recovered thereon may in the discretion of the court be paid in whole or in part to someone designated by the court for the support of such dependent and neglected child. (Source: P.A. 77-2350.) Section 97. The Adoption Act is amended by changing Section 1 as follows: (750 ILCS 50/1) (from Ch. 40, par. 1501)
67 [April 4, 2001] Sec. 1. Definitions. When used in this Act, unless the context otherwise requires: A. "Child" means a person under legal age subject to adoption under this Act. B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood or marriage: parent, grand-parent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, or cousin of first degree. A child whose parent has executed a final irrevocable consent to adoption or a final irrevocable surrender for purposes of adoption, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless the consent is determined to be void or is void pursuant to subsection O of Section 10. C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency. D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: (a) Abandonment of the child. (a-1) Abandonment of a newborn infant in a hospital. (a-2) Abandonment of a newborn infant in any setting where the evidence suggests that the parent intended to relinquish his or her parental rights. (b) Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare. (c) Desertion of the child for more than 3 months next preceding the commencement of the Adoption proceeding. (d) Substantial neglect of the child if continuous or repeated. (d-1) Substantial neglect, if continuous or repeated, of any child residing in the household which resulted in the death of that child. (e) Extreme or repeated cruelty to the child. (f) Two or more findings of physical abuse to any children under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; a criminal conviction or a finding of not guilty by reason of insanity resulting from the death of any child by physical child abuse; or a finding of physical child abuse resulting from the death of any child under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987. (g) Failure to protect the child from conditions within his environment injurious to the child's welfare. (h) Other neglect of, or misconduct toward the child; provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987. (i) Depravity. Conviction of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph 1 or 2 of subsection (a) of Section 9-1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (3) attempt or conspiracy
[April 4, 2001] 68 to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961; or (5) aggravated criminal sexual assault in violation of Section 12-14(b)(1) of the Criminal Code of 1961. There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights. There is a rebuttable presumption that a parent is depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 within 10 years of the filing date of the petition or motion to terminate parental rights. (j) Open and notorious adultery or fornication. (j-1) (Blank). (k) Habitual drunkenness or addiction to drugs, other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding. There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987. (l) Failure to demonstrate a reasonable degree of interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth. (m) Failure by a parent (i) to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent, or (ii) to make reasonable progress toward the return of the child to the parent within 9 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (iii) to make reasonable progress toward the return of the child to the parent during any 9-month period after the end of the initial 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes (I) the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care within 9 months after the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987 and (II) the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period after the end of the initial 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. (m-1) Pursuant to the Juvenile Court Act of 1987, a child has
69 [April 4, 2001] been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987. The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made. For purposes of this subdivision (m-1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent, guardian, or legal custodian. (n) Evidence of intent to forgo his or her parental rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother. Contact or communication by a parent with his or her child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n). It shall be an affirmative defense to any allegation under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence. (o) Repeated or continuous failure by the parents, although physically and financially able, to provide the child with adequate food, clothing, or shelter. (p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed
[April 4, 2001] 70 clinical social worker, or clinical psychologist of mental impairment, mental illness or mental retardation as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment. (q) The parent has been criminally convicted of aggravated battery, heinous battery, or attempted murder of any child. (r) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights. (s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child. (t) A finding that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program. E. "Parent" means the father or mother of a legitimate or illegitimate child. For the purpose of this Act, a person who has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10. F. A person is available for adoption when the person is: (a) a child who has been surrendered for adoption to an agency and to whose adoption the agency has thereafter consented; (b) a child to whose adoption a person authorized by law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act; (c) a child who is in the custody of persons who intend to adopt him through placement made by his parents; (c-1) a child for whom a parent has signed a specific consent pursuant to subsection O of Section 10;
71 [April 4, 2001] G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require. H. "Adoption disruption" occurs when an adoptive placement does not prove successful and it becomes necessary for the child to be removed from placement before the adoption is finalized. I. "Foreign placing agency" is an agency or individual operating in a country or territory outside the United States that is authorized by its country to place children for adoption either directly with families in the United States or through United States based international agencies. J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents. K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted. L. "Intercountry Adoption Coordinator" is a staff person of the Department of Children and Family Services appointed by the Director to coordinate the provision of services by the public and private sector to prospective parents of foreign-born children. M. "Interstate Compact on the Placement of Children" is a law enacted by most states for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities. N. "Non-Compact state" means a state that has not enacted the Interstate Compact on the Placement of Children. O. "Preadoption requirements" are any conditions established by the laws or regulations of the Federal Government or of each state that must be met prior to the placement of a child in an adoptive home. P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (b) creates a substantial risk of physical injury to the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (c) commits or allows to be committed any sex offense against the child, as sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age; (d) commits or allows to be committed an act or acts of torture upon the child; or (e) inflicts excessive corporal punishment. Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of
[April 4, 2001] 72 the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961. S. "Standby adoption" means an adoption in which a terminally ill parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the terminally ill parent or the request of the parent for the entry of a final judgment of adoption. T. "Terminally ill parent" means a person who has a medical prognosis by a physician licensed to practice medicine in all of its branches that the person has an incurable and irreversible condition which will lead to death. (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; revised 8-31-99.) Section 999. 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 Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1969. 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 1969 AMENDMENT NO. 1. Amend House Bill 1969 as follows: on page 2, by replacing lines 12 through 18 with the following: "(iv) that a prisoner who is serving a sentence for a crime committed as a result of the use of, abuse of, or addiction to alcohol or a controlled substance shall receive no good conduct credit until he or she participates in and completes a substance abuse treatment program. If the prisoner completes a substance abuse treatment program, the Department may award good conduct credit for the time spent in treatment. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available, prisoners shall be placed on a waiting list under criteria established by the Department. The Department may require a prisoner placed on a waiting list to attend a substance abuse education class or attend substance abuse self-help meetings. Prisoners shall not lose good conduct credit as a result of being placed on a waiting list. Prisoners placed on a waiting list shall remain eligible for increased good conduct credit for participation in educational, vocational, and correctional industry programs under this Code."; and on page 9, by replacing lines 3 and 4 with the following: "Section 99. This Act takes effect on January 1, 2002.". 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 403. Having been printed, was taken up and read by title a second time.
73 [April 4, 2001] The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 403 AMENDMENT NO. 1. Amend House Bill 403 by replacing everything after the enacting clause with the following: "Section 5. 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 imposes restrictions or limitations on the acquisition, possession, transportation, storage, purchase, sale, or other dealing in rifles and shotguns and ammunition, components, accessories, and accoutrements of rifles and shotguns in a manner 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, sale, or other dealing in rifles and shotguns, and may not regulate ammunition, components, accessories, or accoutrements for rifles and shotguns in a manner more restrictive than provided in subsection (a). This Section is 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 99. Effective date. This Act takes effect upon becoming law.". Representative John Jones offered and withdrew Amendment No. 2. Representative John Jones offered the following amendments and moved their adoption:
[April 4, 2001] 74 AMENDMENT NO. 3 TO HOUSE BILL 403 AMENDMENT NO. 3. Amend House Bill 403, AS AMENDED, by replacing subsection (d) of Sec. 24-3.1 of Section 105 with the following: "(d) A unit of local government, including a home rule unit, may not regulate the acquisition, possession, transportation, storage, purchase, sale, or other dealing in rifles and shotguns, and may not regulate ammunition, components, accessories, or accoutrements for rifles and shotguns in a manner inconsistent with subsection (a). This Section is 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.". AMENDMENT NO. 4 TO HOUSE BILL 403 AMENDMENT NO. 4. Amend House Bill 403, AS AMENDED, with reference to the page and line numbers of House Amendment No. 2, on page 3, line 28, by inserting after "dealer" the following: "who is not licensed under this Act". There being no further amendments, the foregoing Amendments numbered 1, 3 and 4 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3015. Having been printed, was taken up and read by title a second time. Representative Rutherford offered and withdrew Amendment No. 1. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 497. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 was recommended be adopted by the Committee on Labor. There being no further amendments, the bill was held on the order of Second Reading. HOUSE BILL 2358. Having been printed, was taken up and read by title a second time. Representative Winters offered and withdrew Amendment No. 1. Representative Winters offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2358 AMENDMENT NO. 2. Amend House Bill 2358, on page 1, by deleting lines 23 through 26; and on page 1, line 27, by replacing "(e)" with "(d)"; and on page 4, by replacing lines 12 through 17 with the following: "natural areas, farmland, and cultural resources; and (ii) develop Resource Protection Plans."; and on page 6, by deleting lines 20 through 24; and on page 6, by replacing line 33 with the following: "and planning for preservation of farmland, natural areas, and cultural resources."; and on page 7, by replacing lines 1 through 6 with the following: "Section 40. Consideration of State grant awards. When approving grant awards under this Act, the Board or the State agency, as the case may be, shall give preferential consideration to counties and municipalities that have adopted Resource Protection Plans.".
75 [April 4, 2001] The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2228. Having been read by title a second time earlier today, and held on the order of Second Reading, the same was again taken up. Representative Johnson offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2228 AMENDMENT NO. 2. Amend House Bill 2228 as follows: by replacing the title with the following: "AN ACT concerning criminal law."; and by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Section 1-1 as follows: (720 ILCS 5/1-1) (from Ch. 38, par. 1-1) Sec. 1-1. Short title. This Act
[April 4, 2001] 76 Having been read by title a second time on April 3, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3364. HOUSE BILL 280. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Burke offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 280 AMENDMENT NO. 2. Amend House Bill 280, AS AMENDED, by replacing Section 99 of the bill with the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 546. Having been printed, was taken up and read by title a second time. Representative Bill Mitchell offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 546 AMENDMENT NO. 1. Amend House Bill 546 as follows: on page 2, line 6, by changing "
77 [April 4, 2001] AMENDMENT NO. 1 TO HOUSE BILL 1722 AMENDMENT NO. 1. Amend House Bill 1722 as follows: on page 1, line 9, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 1, line 16, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 1, line 23, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 2, line 4, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 2, line 11, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 2, line 18, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 2, line 25, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 3, line 5, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to"; and on page 3, line 12, after "to", by inserting the following: "the Board of Higher Education, and the Board of Higher Education shall annually report this information to". 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 1975. 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 1975 AMENDMENT NO. 1. Amend House Bill 1975 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Mobile Home Local Services Tax Enforcement Act.". Floor Amendment No. 2 remained in the Committee on Rules. Representative Novak offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 1975 AMENDMENT NO. 3. Amend House Bill 1975, AS AMENDED, by replacing everything after the enacting clause with the following: "Division 1. General provisions Section 1. Short title. This Act may be cited as the Mobile Home Local Services Tax Enforcement Act. Section 5. Definitions. As used in this Act: "Mobile home" means that term as defined in the Mobile Home Local
[April 4, 2001] 78 Services Tax Act. Section 10. Application. This Act applies to delinquencies in payment of the tax imposed by the Mobile Home Local Services Tax Act. Division 2. Enforcement actions Section 15. Lien; payments by representative or agent. When a mobile home is taxed to any person as agent for another, or in a representative capacity, the agent or representative shall have a lien on the mobile home, or any mobile home of his or her principal in the agent's possession, until he or she is indemnified against the payment thereof, or, if he or she has paid the tax, until he or she is reimbursed for the payment. Section 20. Lien for taxes. The taxes upon a mobile home, together with all penalties, interests, and costs that may accrue thereon, shall be a prior and first lien on the mobile home, superior to all other liens and encumbrances, from and including the first day of January in the year in which the taxes are imposed until the taxes are paid or until the mobile home is sold under this Act. (a) Foreclosure; mobile home forfeited for 2 or more years. A lien may be foreclosed, in the circuit court in the name of the People of the State of Illinois, whenever the taxes for 2 or more years on the same mobile home have been forfeited to the State. The mobile home may be sold under the order of the court by the person having authority to receive County taxes, with notice to interested parties and right of redemption from the sale, (except that the interest or any other amount to be paid upon redemption in addition to the amount for which the mobile home was sold shall be as provided herein), as provided in Sections 290 through 310 and 325. In any action to foreclose the lien for delinquent taxes brought by the People of the State of Illinois when the taxes for 2 or more years on the same mobile home have been forfeited to the State, service of process shall be made in the manner now prescribed by law. All owners, parties interested, and occupants of any mobile home against which tax liens are sought to be foreclosed shall be named as parties defendant, and shall be served in the manner and form as provided by law for the service of defendants in foreclosures of lien or encumbrances upon real estate. In case there are other parties with ownership interests in the mobile home, they shall be named in the notice under the designation "unknown owners". (b) Redemption interest. The interest to be paid upon redemption from all tax foreclosure sales held under this Section shall be: (1) If redeemed within 2 months from the date of the sale, 3% per month upon the amount for which the mobile home was sold for each of the first 2 months, or fraction thereof; (2) If redeemed between 2 and 6 months from the date of the sale, 12% of the amount of sale; (3) If redeemed between 6 and 12 months from the date of the sale, 24% of the amount of sale; (4) If redeemed between 12 and 18 months from the date of the sale, 36% of the amount of sale; (5) If redeemed between 18 and 24 months from the date of the sale, 48% of the amount of sale; (6) If redeemed after 24 months from the date of sale, the 48% for the 24 months plus interest at 6% per year thereafter. (c) Enforcement of lien from rents and profits. A lien under this Section may be enforced at any time after 6 months from the day the tax becomes delinquent out of the rents and profits of the mobile home accruing, or accrued and under the control or jurisdiction of a court. This process may be initiated by the county board of the county or by the corporate authorities of any taxing body entitled to receive any part of the delinquent tax, by petition in any pending suit having jurisdiction of the mobile home, or in any application for judgment and order of sale of mobile homes for delinquent taxes in which the mobile home is included, in the name of the People of the State of Illinois. The process, practice, and procedure under this subsection shall be the same as provided in the Civil Practice Law and the Supreme Court Rules adopted in relation to that Law, except that receivers may be
79 [April 4, 2001] appointed on not less than 3 days' written notice to holders of certificate of title or persons in possession. In all petitions the court shall have power to appoint the county collector to take possession of the mobile home only for the purpose of collecting the rents, issues and profits therefrom, and to apply them in satisfaction of the tax lien. When the taxes set forth in the petition are paid in full, the receiver shall be discharged. If the taxes described in the petition are reduced by the final judgment of a court, the county collector shall immediately refund all moneys collected by him or her as receiver over and above the taxes as reduced, and shall deduct that amount from the moneys thereafter distributed to the taxing bodies which received the tax revenue. In proceedings to foreclose the tax lien, or in petitions to enforce the lien, the amount due on the collector's books against the mobile home shall be prima facie evidence of the amount of taxes against the mobile home. When any taxes are collected, they shall be paid to the county collector, to be distributed by him or her to the authorities entitled to them. All sales made under this Section shall be conducted under the order and supervision of the court by the county collector. An action to foreclose the lien for delinquent taxes under this Act is an action in rem. Section 25. Preventing waste to mobile homes; receiver. During the pendency of any tax foreclosure proceeding and until the time to redeem the mobile home sold expires, or redemption is made, from any sale made under any judgment foreclosing the lien of taxes, no waste shall be committed or suffered on any of the mobile homes involved. The mobile home shall be maintained in good condition and repair. When violations of local building, health, or safety codes make the mobile home dangerous or hazardous, when taxes on the mobile home are delinquent for 2 years or more, or when in the judgment of the court it is to the best interest of the parties, the court may, upon the verified petition of any party to the proceeding, or the holder of the certificate of purchase, appoint a receiver for the mobile home with like powers and duties of receivers as in cases of foreclosure of mortgages or trust deeds. The court, in its discretion, may take any other action as may be necessary or desirable to prevent waste and maintain the mobile home in good condition and repair. Section 30. No receiver for homestead dwelling. No receiver shall be appointed under the provisions of Section 25 for mobile homes used as a family dwelling and occupied by the owner as a residence at the time the unpaid taxes became a lien and continuously thereafter. Section 35. Purchase and sale by county; distribution of proceeds. When any mobile home is delinquent, or is forfeited for each of 2 or more years, and is offered for sale under any of the provisions of this Act, the county board of the county in which the mobile home is located, in its discretion, if there are no other bids, may bid, or, in the case of a forfeited mobile home, may apply to purchase it, in the name of the county as trustee for all taxing districts having an interest in the mobile home's taxes for the nonpayment of which the mobile home is sold. The presiding officer of the county board, with the advice and consent of the board, may appoint on its behalf some officer or person to attend such sales and bid or, in the case of a forfeited mobile home, to apply to the county clerk to purchase. The county shall apply on the bid or purchase the unpaid taxes due upon the mobile home. No cash need be paid. The county shall take all steps necessary to acquire certificate of title to the mobile home and may manage and operate the mobile home. When a county, or other taxing district within the county, is a petitioner for a tax certificate of title, no filing fee shall be required. When a county or other taxing district within the county is the petitioner for a tax certificate of title, one petition may be filed including all mobile homes that are tax delinquent within the county or taxing district, and any publication made under Section 380 of this Act may combine all such mobile homes within a single notice. The notice shall list the street or common address, if known, of the mobile homes for informational
[April 4, 2001] 80 purposes. The county, as tax creditor and as trustee for other tax creditors, or other taxing districts within the county, shall not be required to allege and prove that all taxes that become due and payable after the sale to the county have been paid nor shall the county be required to pay the subsequently accruing taxes at any time, except when subsequent taxes are sold to another buyer. The county board or its designee may prohibit the county collector from including the mobile home in the tax sale of one or more subsequent years. The lien of taxes that become due and payable after a sale to a county shall merge in the certificate of title of the county, or other taxing district within the county, on the issuance of a certificate of title. The County may sell or assign the mobile home so acquired, or the certificate of purchase to it, to any party, including taxing districts. The proceeds of that sale or assignment, less all costs of the county incurred in the acquisition and sale or assignment of the mobile home, shall be distributed to the taxing districts in proportion to their respective interests therein. Under Sections 55 and 60, a County may bid or purchase only in the absence of other bidders. Section 40. Tax abatement after acquisition by a governmental unit. When any county or municipality acquires a mobile home through the foreclosure of a lien, through a judicial order, through the foreclosure of receivership certificate lien, or by acceptance of a certificate of title in lieu of foreclosing any lien against the mobile home, or when any county or other taxing district acquires a certificate of title for a mobile home under Section 35 or Sections 90 and 200, all due or unpaid mobile home taxes and existing liens for unpaid mobile home taxes imposed or pending under any law or ordinance of this State or any of its political subdivisions shall become null and void. Section 45. Notice to county officials; voiding of tax bills. The county board or corporate authorities of the county, or other taxing district acquiring a mobile home under Section 35 shall give written notice of the acquisition to the chief county assessment officer and the county collector and the county clerk of the county in which the mobile home is located, and request the voiding of the tax liens as provided in this Section. The notice shall describe the acquired mobile home by the vehicle identification number of the mobile home, if there is one. Upon receipt of the notice, the county collector and county clerk or county assessor, as appropriate shall void the current and all prior unpaid taxes on the records in their respective offices by entering the following statement upon their records for the mobile home: "Acquired by ... (name of county or municipality acquiring the mobile home under Section 35). Taxes due and unpaid on this mobile home ... (give vehicle identification number, if any, and location of the mobile home) ... are waived and null and void under Section 45 of the Mobile Home Local Services Tax Enforcement Act. The tax bills of this mobile home are hereby voided and liens for the taxes are extinguished." Section 50. Liability of owner; rights of tax purchaser. Nothing in Sections 40 and 45 shall relieve any owner liable for delinquent mobile home taxes under the Mobile Home Local Services Tax Act from the payment of any delinquent taxes or liens which have become null and void under those Sections. Sections 45 and 50 shall not adversely affect the rights or interests of the holder of any bona fide certificate of purchase of the mobile home for delinquent taxes. However, upon acquisition of a mobile home by a governmental unit as set forth in Section 40, the rights and interests of the holder of any bona fide certificate of purchase of the mobile home for delinquent taxes shall be limited to a sale in error and a refund as provided under Section 255. Section 55. Published notice of annual application for judgment and sale; delinquent taxes. At any time after all taxes have become delinquent in any year, the Collector shall publish an advertisement, giving notice of the intended application for judgment and sale of the delinquent mobile homes. Except as provided below, the advertisement
81 [April 4, 2001] shall be in a newspaper published in the township or road district in which the mobile homes are located. If there is no newspaper published in the township or road district, then the notice shall be published in some newspaper in the same county as the township or road district, to be selected by the county collector. When the mobile home is in a city with more than 1,000,000 inhabitants, the advertisement may be in any newspaper published in the same county. When the mobile home is in an incorporated town which has superseded a civil township, the advertisement shall be in a newspaper published in the incorporated town or if there is no such newspaper, then in a newspaper published in the county. Section 60. Times of publication of notice. The advertisement shall be published once at least 10 days before the day on which judgment is to be applied for, and shall contain a list of the delinquent mobile homes upon which the taxes or any part thereof remain due and unpaid, the names of owners, if known, the vehicle identification number, the model year of the home, the square footage of the home, the total amount due, and the year or years for which they are due. In counties of less than 3,000,000 inhabitants, advertisement shall include notice of the registration requirement for persons bidding at the sale. The collector shall give notice that he or she will apply to the circuit court on a specified day for judgment against the mobile homes for the taxes, and costs, and for an order to sell the mobile homes for the satisfaction of the amount due. The collector shall also give notice of a date within the next 5 business days after the date of application on which all the mobile homes for the sale of which an order is made will be exposed to public sale at a location within the county designated by the county collector, for the amount of taxes and cost due. The advertisement published according to the provisions of this Section shall be deemed to be sufficient notice of the intended application for judgment and of the sale of mobile homes under the order of the court. Section 65. Costs of publishing delinquent list. A county shall pay for the printer for advertising delinquent lists for mobile homes, $0.40 per column line, to be taxed and collected as costs. The printer shall receive for printing the preamble, the descriptive headings, the affidavit, and any other matter accompanying the delinquent list, the sum of $0.40 per line, to be paid by the county. No costs except printer's fee shall be charged on any mobile homes forfeited to the State. Section 70. Sale of mobile homes previously ordered sold. A mobile home ordered sold by unexecuted judgments and orders of sale, previously entered, shall be included in the advertisement for sale only under the previous orders, and shall be sold in the order in which they appear in the delinquent list contained in the advertisement. At any time between annual sales the county collector also may advertise for sale any mobile homes subject to sale under orders previously entered and not executed for any reason. The advertisement and sale shall be regulated by the provisions regulating the annual advertisement and sale of delinquent mobile homes, as far as applicable. Section 75. Use of figures and letters in advertisement and other lists. In all advertisements for the sale of mobile homes for taxes, and in entries required to be made by the clerk of the court or other officer, letters, figures, or characters may be used to denote the year or the years for which the taxes were due and the amount of taxes, interest, and costs. The county collector may subsequently advertise and obtain judgment on mobile homes that have been omitted, or that have been erroneously advertised or described in the first advertisement. Division 3. Notice and publication provisions Section 80. Mailed notice of application for judgment and sale. Not less than 15 days before the date of application for judgment and sale of delinquent mobile homes, the county collector shall mail, by
[April 4, 2001] 82 registered or certified mail, a notice of the forthcoming application for judgment and sale to the person shown by the current collector's warrant book to be the party in whose name the taxes were last computed. The notice shall include the intended dates of application for judgment and sale and commencement of the sale, and a description of the mobile homes. The county collector must present proof of the mailing to the court along with the application for judgement. In counties with less than 3,000,000 inhabitants, a copy of this notice shall also be mailed by the county collector by registered or certified mail to any lienholder of record who annually requests a copy of the notice. The failure of the county collector to mail a notice or its non-delivery to the lienholder shall not affect the validity of the judgment. The collector shall collect $10 from the proceeds of each sale to cover the costs of registered or certified mailing and the costs of advertisement and publication. If a taxpayer pays the taxes on the mobile home after the notice of the forthcoming application for judgment and sale is mailed but before the sale is made, then the collector shall collect $10 from the taxpayer to cover the costs of registered or certified mailing and the costs of advertisement and publication. Section 85. Printer's error in advertisement. In all cases where there is a printer's error in the advertised list which prevents judgment from being obtained against any mobile home, or against all of the delinquent list, at the time stated in the advertisement, the printer shall lose the compensation allowed by this Act for those mobile homes containing errors, or for the entire list, as the case may be. Section 90. Scavenger sale. At the same time the county collector annually publishes the collector's annual sale advertisement under Sections 55 and 60, it is mandatory for the collector in counties with 3,000,000 or more inhabitants, and in other counties if the county board so orders by resolution, to publish an advertisement giving notice of the intended application for judgment and sale of all mobile homes upon which all or a part of the taxes for each of 2 or more years, including the current tax year, are delinquent as of the date of the advertisement. In no event may there be more than 2 consecutive years without a sale under this Section. The term delinquent also includes forfeitures. The county collector shall include in the advertisement and in the application for judgment and sale under this Section and Section 200 the total amount of all taxes upon those mobile homes which are delinquent as of the date of the advertisement. In lieu of a single annual advertisement and application for judgment and sale under this Section and Section 200, the county collector may, from time to time, beginning on the date of the publication of the annual sale advertisement and before August 1 of the next year, publish separate advertisements and make separate applications on eligible mobile homes described in one or more volumes of the delinquent list. The separate advertisements and applications shall, in the aggregate, include all the mobile homes which otherwise would have been included in the single annual advertisement and application for judgment and sale under this Section. The advertisement and application for judgment and sale shall be in the manner prescribed by this Act relating to the annual advertisement and application for judgment and sale of delinquent mobile homes. Division 3.5. Judgments and Sales Section 95. Time of applying for judgment. Except as otherwise provided in this Section, all applications for judgment and order of sale for taxes on delinquent mobile homes shall be made during the month of October. In the 10 years next following the completion of a general reassessment of property in any county with 3,000,000 or more inhabitants, made under an order of the Department, applications for judgment and order of sale shall be made as soon as may be and on the day specified in the advertisement required by Section 55 and 60. If for any cause the court is not held on the day specified, the cause shall stand continued, and it shall be unnecessary to re-advertise the
83 [April 4, 2001] list or notice. Within 30 days after the day specified for the application for judgment the court shall hear and determine the matter. If judgment is rendered, the sale shall begin on the date within 5 business days specified in the notice as provided in Section 60. If the collector is prevented from advertising and obtaining judgment during the month of October, the collector may obtain judgment at any time thereafter; but if the failure arises by the county collector's not complying with any of the requirements of this Act, he or she shall be held on his or her official bond for the full amount of all taxes charged against him or her. Any failure on the part of the county collector shall not be allowed as a valid objection to the collection of any tax, or to entry of a judgment against any delinquent mobile homes included in the application of the county collector. Section 100. Annual tax judgment, sale, redemption, and forfeiture record. The collector shall transcribe into a record prepared for that purpose, and known as the annual tax judgment, sale, redemption, and forfeiture record, the list of delinquent mobile homes. The record shall contain all the information necessary to be recorded, at least 5 days before the day on which application for judgment is to be made. The record shall set forth the name of the owner, if known; a description of the mobile home, including the vehicle identification number, model year, and square footage; the year or years for which the tax is due; the valuation on which the tax is extended; the amount of the consolidated and other taxes; the costs; and the total amount of charges against the mobile home. The record shall also be ruled in columns to show the amount paid before entry of judgment; the amount of judgment and a column for remarks; the amount paid before sale and after entry of judgment; the amount of the sale; amount of interest or penalty; amount of cost; amount forfeited to the State; date of sale; name of purchaser; amount of sale and penalty; taxes of succeeding years; interest and when paid, interest and cost; total amount of redemption; date of redemption; when certificate of title executed; by whom redeemed; and a column for remarks or receipt of redemption money. The record shall be kept in the office of the county clerk. Section 105. Payment of delinquent tax before sale. Any person owning or claiming mobile homes upon which application for judgment is applied for may, in person or by agent, pay the taxes, and costs due, or in counties with 3,000,000 or more inhabitants, the taxes, interest, and costs due, to the county collector at any time before sale. Section 110. Report of payments and corrections. On the day on which application for judgment on a delinquent mobile home is applied for, the collector, assisted by the county clerk, shall post all payments, compare and correct the list, and shall make and subscribe an affidavit, which shall be substantially in the following form: State of Illinois) ) ss. County of .......) I ...., collector of the county of ...., do solemnly swear (or affirm, as the case may be), that the foregoing is a true and correct list of the delinquent mobile homes within the county of ...., upon which I have been unable to collect the taxes (and interest and printer's fees, if any), charged thereon, as required by law, for the year or years therein set forth; and that the taxes, now remain due and unpaid, to the best of my knowledge and belief. Dated .......... The affidavit shall be entered at the end of the list, and signed by the collector. Section 115. Proceedings by court. Defenses to the entry of judgment against mobile homes included in the delinquent list shall be entertained by the court only when the defense includes a writing specifying the particular grounds for the objection. If any party objecting is entitled to a refund of all or any part of a tax paid, the court shall enter judgment accordingly, and also shall enter judgment for the taxes, interest, and penalties as appear
[April 4, 2001] 84 to be due. The judgment shall be considered as a several judgment against each mobile home, for each kind of tax included therein. The court shall direct the clerk to prepare and enter an order for the sale of the mobile home against which judgment is entered. Section 120. Form of court order. A judgment and order of sale shall be substantially in the following form: Whereas, due notice has been given of the intended application for a judgment against mobile homes, and no sufficient defense having been made or cause shown why judgment should not be entered against the mobile homes, for taxes, interest, penalties, and costs due and unpaid thereon for the year or years herein set forth, therefore the court hereby enters judgment against the above stated mobile homes, in favor of the People of the State of Illinois, for the amount of taxes, interest, penalties and costs due thereon. It is ordered by the court that the mobile homes be sold as the law directs. The order shall be signed by the judge. In all judicial proceedings of any kind, for the collection of taxes, all amendments may be made which, by law, could be made in any personal action pending in that court. Section 125. Cure of error or informality in computation of tax or collection of the taxes. No computation of the tax on a mobile home or charge for any of the taxes shall be considered illegal on account of any irregularity in the computation, or on account of the computation not having been made within the time required by law, or on account of the mobile home having been charged without name, or in any other name than that of the rightful owner. No error or informality in the proceedings of any of the officers connected with the computation or collection of the taxes, not affecting the substantial justice of the tax itself, shall vitiate or in any manner affect the tax or the computation thereof. Any irregularity or informality in the computation of the tax, or in any of the proceedings connected with the computation of the taxes, or any omission or defective act of any other officer or officers connected with the computation of the taxes, may be, in the discretion of the court, corrected, supplied and made to conform to law by the court, or by the person (in the presence of the court) from whose neglect or default it was occasioned. Division 4. Annual tax sale procedure Section 130. Entry of judgment for sale. If judgment is rendered against any mobile home for any tax, the county collector shall, after publishing a notice for sale in compliance with the requirements of Sections 55 or 60, proceed to offer the mobile home for sale pursuant to the judgment. However, in the case of an appeal from the judgment, if the party, when filing notice of appeal deposits with the county collector the amount of the judgment and costs, the collector shall not sell the mobile home until the appeal is disposed of. Section 135. Examination of record; certificate of correctness. On the day advertised for sale, the county clerk, assisted by the collector, shall examine the list upon which judgment has been entered and ascertain that all payments have been properly noted thereon. The county clerk shall make a certificate to be entered on the record, following the order of court that the record is correct, and that judgment was entered upon the mobile home therein mentioned for the taxes, interest, and costs due thereon. The certificate shall be attested by the circuit court clerk under seal of the court and shall be the process on which the mobile home or any interest therein shall be sold for taxes, interest, and costs due thereon, and may be substantially in the following form: State of Illinois County of ..... I, ...., clerk of the circuit court, in and for the county of ...., do hereby certify that the foregoing is a true and correct record of the delinquent mobile home in the county, against which judgment and order of sale was duly entered in the circuit court for the county, on (insert date), for the amount of the taxes, interest, and costs due severally thereon as therein set forth, and that the judgment and order of court in relation thereto fully appears on the record. Dated (insert date).
85 [April 4, 2001] Section 140. County clerk assistance at sale. The county clerk, in person or by deputy, shall attend all sales for taxes, made by the collector, and shall assist at the sales. Section 145. Tax sale procedures. The collector, in person or by deputy, shall attend, on the day and in the place specified in the notice for the sale of mobile homes for taxes, and shall, between 9:00 a.m. and 4:00 p.m., or later at the collector's discretion, proceed to offer for sale, separately and in consecutive order, all mobile homes in the list on which the taxes, interest, or costs have not been paid. However, in any county with 3,000,000 or more inhabitants, the offer for sale shall be made between 8:00 a.m. and 8:00 p.m. The collector's office shall be kept open during all hours in which the sale is in progress. The sale shall be continued from day to day, until all mobile homes in the delinquent list have been offered for sale. Section 150. Penalty bids. The person at the sale offering to pay the amount due on each mobile home for the least penalty percentage shall be the purchaser of that mobile home. No bid shall be accepted for a penalty exceeding 18% of the amount of the tax on a mobile home. Section 155. Letter of credit or bond in counties of 3,000,000 or more; registration in other counties. In counties with 3,000,000 or more inhabitants, no person shall make an offer to pay the amount due on any mobile home and the collector shall not accept or acknowledge an offer from any person who has not deposited with the collector, not less than 10 days prior to making such offer, an irrevocable and unconditional letter of credit or such other unconditional bond payable to the order of the collector in an amount not less than 1.5 times the amount of any tax due upon the mobile home. The collector may without notice draw upon the letter of credit or bond in the event payment of the amount due together with interest and costs thereon is not made forthwith by the person purchasing any mobile home. At all times during the sale, any person making an offer or offers to pay the amount or amounts due on any mobile homes shall maintain the letter of credit or bond with the collector in an amount not less than 1.5 times the amount due on the mobile homes which he or she has purchased and for which he or she has not paid. In counties with less than 3,000,000 inhabitants, unless the county board provides otherwise, no person shall be eligible to bid who did not register with the county collector at least 10 business days prior to the first day of sale authorized under Section 60. Section 160. Forfeited mobile home. Every mobile home offered at public sale, and not sold for want of bidders, shall be forfeited to the State of Illinois. However, when the court, county clerk, and county treasurer certify that the taxes on a forfeited mobile home equal or exceed the actual value of the mobile home, the county collector shall, on the receipt of such certificate, offer the mobile home for sale to the highest bidder, after first giving 10 days' notice, in the manner described in Sections 55 and 60, of the time and place of sale, together with a description of the mobile home to be offered. A certificate of purchase shall be issued to the purchaser at the sale as in other cases provided in this Act. The county collector shall receive credit in the settlement with the taxing bodies for which the tax was levied for the amount not realized by the sale. The amount received from the sale shall be paid by the collector, pro rata, to the taxing bodies entitled to it. Section 165. Record of sales and redemptions. When any mobile home is sold, the county clerk shall enter on the Tax Judgment, Sale, Redemption and Forfeiture Record, in the blank columns provided for that purpose, the name of the purchaser and the final bid. When any mobile home is redeemed from sale, the county clerk shall enter the name of the person redeeming, the redemption date, and the amount of redemption, in the proper column. Section 170. Record of forfeitures. All mobile homes forfeited to the State at the sale shall be noted on the Tax Judgment, Sale, Redemption and Forfeiture Record. Section 175. Payment for mobile homes purchased at tax sale; reoffering for sale. Except as otherwise provided below, the person
[April 4, 2001] 86 purchasing any mobile home shall be liable to the county for the amount due and shall forthwith pay to the county collector the amount charged on the mobile home. Upon failure to do so, the amount due shall be recoverable in a civil action brought in the name of the People of the State of Illinois in any court of competent jurisdiction. The person so purchasing shall be relieved of liability only by payment of the amount due together with interest and costs thereon, or if the mobile home is reoffered at the sale, purchased, and paid for. Reoffering of the mobile home for sale shall be at the discretion of the collector. The sale shall not be closed until payment is made or the mobile home again offered for sale. In counties with 3,000,000 or more inhabitants, only the taxes, interest, and costs as advertised in the sale shall be required to be paid forthwith. The taxes charged on the mobile home remaining due and unpaid, not included in the advertisement, shall be paid by the purchaser within 10 days after the sale, except that upon payment of the fee provided by law to the county clerk (which fee shall be deemed part of the costs of sale) the purchaser may make written application, within the 10 day period, to the county clerk for a statement of all taxes, interest, and costs due and an estimate of the cost of redemption of all forfeited taxes, which were not included in the advertisement. After obtaining such statement and estimate and an order on the county collector to receive the amount of forfeited taxes, if any, the purchaser shall pay to the county collector all the remaining taxes, interest, and costs, and the amount necessary to redeem the forfeited taxes. The county collector shall issue the purchaser a receipt therefor. Any delay in providing the statement or in accepting payment, and delivering receipt therefor, shall not be counted as a part of the 10 days. When the receipt of the collector is issued, a copy shall be filed with the county clerk and the county clerk shall include the amount shown in such receipt in the amount of the purchase price of the mobile home in the certificate of purchase. The purchaser then shall be entitled to a certificate of purchase. If a purchaser fails to complete his or her purchase as provided in this Section, the purchase shall become void, and be of no effect, but the collector shall not refund the amount paid in cash at the time of the sale, except in cases of sale in error. That amount shall be treated as a payment and distributed to the taxing bodies as other collections are distributed. The lien for taxes for the amount paid shall remain on the mobile home, in favor of the purchaser, his or her heirs or assigns, until paid with 5% interest per year on that amount from the date the purchaser paid it. The amount and fact of such ineffective purchase shall be entered in the tax judgment, sale, redemption and forfeiture record opposite the mobile home upon which the lien remains. No redemption shall be made without payment of this amount for the benefit of the purchaser, and no future sale of the mobile home shall be made except subject to the lien of such purchaser. Section 180. Automation fee. The county collector in all counties may assess to the purchaser of a mobile home for delinquent taxes an automation fee of not more than $10 per mobile home. In counties with less than 3,000,000 inhabitants: (a) The fee shall be paid at the time of the purchase if the record keeping system used for processing the delinquent mobile home tax sales is automated or has been approved for automation by the county board. The fee shall be collected in the same manner as other fees or costs. (b) Fees collected under this Section shall be retained by the county treasurer in a fund designated as the Tax Sale Automation Fund. The fund shall be audited by the county auditor. The county board shall make expenditures from the fund to pay any costs related to the automation of mobile home tax collections and delinquent mobile home tax sales, including the cost of hardware, software, research and development, and personnel. Section 185. Certificate of purchase. The county clerk shall make out and deliver to the purchaser of any mobile home sold under Section 145, a certificate of purchase countersigned by the collector, describing the mobile home sold, including the vehicle identification
87 [April 4, 2001] number, the model year, and the square footage, the date of sale, the amount of taxes, interest, and cost for which it was sold, and that payment of the sale price has been made. If any person becomes the purchaser of more than one mobile home owned by one party or person, the purchaser may have the whole or one or more of them included in one certificate, but separate certificates shall be issued in all other cases. A certificate of purchase shall be assignable by endorsement. An assignment shall vest in the assignee or his or her legal representatives, all the right and title of the original purchaser. If the tax certificate is lost or destroyed, the county clerk shall issue a duplicate certificate upon written request and a sworn affidavit by the tax sale purchaser, or his or her assignee, that the tax certificate is lost or destroyed. The county clerk shall cause a notation to be made in the tax sale and judgment book that a duplicate certificate has been issued, and redemption payments shall be made only to the holder of the duplicate certificate. Section 190. Index of tax sale records. The county clerk may make an index of tax-sale records. The index shall be kept in the county clerk's office as a public record, open to inspection during office hours. Section 195. County clerk's books and records; prima facie evidence. The books and records of the county clerk, or copies thereof, certified by the clerk, shall be prima facie evidence to prove the sale of any mobile home for taxes, the redemption of the mobile home, or payment of taxes thereon. Division 5. Scavenger sales; procedures Section 200. Collector's scavenger sale. Upon the county collector's application under Section 90, to be known as the Scavenger Sale Application, the Court shall enter judgment for the taxes, interest, penalties, and costs as are included in the advertisement and appear to be due thereon after allowing an opportunity to object and a hearing upon the objections as provided in Section 115, and order those mobile homes sold by the county collector at public sale to the highest bidder for cash, notwithstanding the bid may be less than the full amount of taxes, interest, penalties, and costs for which judgment has been entered. (a) Conducting the sale; bidding. All mobile homes shall be offered for sale in consecutive order as they appear in the delinquent list. The minimum bid for any mobile home shall be $250 or one-half of the tax if the total liability is less than $500. The successful bidder shall immediately pay the amount of minimum bid to the County Collector in cash, by certified or cashier's check, by money order, or, if the successful bidder is a governmental unit, by a check issued by that governmental unit. If the bid exceeds the minimum bid, the successful bidder shall pay the balance of the bid to the county collector in cash, by certified or cashier's check, by money order, or, if the successful bidder is a governmental unit, by a check issued by that governmental unit by the close of the next business day. If the minimum bid is not paid at the time of sale or if the balance is not paid by the close of the next business day, then the sale is void and the minimum bid, if paid, is forfeited to the county general fund. In that event, the mobile home shall be reoffered for sale within 30 days of the last offering of mobile homes in regular order. The collector shall make available to the public a list of all mobile homes to be included in any reoffering due to the voiding of the original sale. The collector is not required to serve or publish any other notice of the reoffering of those mobile homes. In the event that any of the mobile homes are not sold upon reoffering, or are sold for less than the amount of the original voided sale, the original bidder who failed to pay the bid amount shall remain liable for the unpaid balance of the bid in an action under Section 175. Liability shall not be reduced where the bidder upon reoffering also fails to pay the bid amount, and in that event both bidders shall remain liable for the unpaid balance of their respective bids. A sale of mobile homes under this Section shall not be final until confirmed by the court. (b) Confirmation of sales. The county collector shall file his or
[April 4, 2001] 88 her report of sale in the court within 30 days after the date of sale of each mobile home. No notice of the county collector's application to confirm the sales shall be required except as prescribed by rule of the court. Upon confirmation, except in cases where the sale becomes void under Section 430, or in cases where the order of confirmation is vacated by the court, a sale under this Section shall extinguish the in rem lien of the taxes, for which judgment has been entered and a redemption shall not revive the lien. Confirmation of the sale shall in no event affect the owner's personal liability to pay the taxes, interest, and penalties as provided in this Act or prevent institution of a proceeding under Section 355 to collect any amount that may remain due after the sale. (c) Issuance of tax sale certificates. Upon confirmation of the sale, the county clerk and the county collector shall issue to the purchaser a certificate of purchase in the form prescribed by Section 185 as near as may be. A certificate of purchase shall not be issued to any person who is ineligible to bid at the sale or to receive a certificate of purchase under Section 205. (d) Scavenger Tax Judgment, Sale and Redemption Record; sale of parcels not sold. The county collector shall prepare a Scavenger Tax Judgment, Sale and Redemption Record. The county clerk shall write or stamp on the scavenger tax judgment, sale, forfeiture and redemption record opposite the description of any mobile home offered for sale and not sold, or not confirmed for any reason, the words "offered but not sold". The mobile homes that are offered for sale under this Section and not sold or not confirmed shall be offered for sale annually thereafter in the manner provided in this Section until sold. At any time between annual sales the county collector may advertise for sale any mobile homes subject to sale under judgments for sale previously entered under this Section and not executed for any reason. The advertisement and sale shall be regulated by the provisions of this Act as far as applicable. (e) Proceeding to tax certificate of title. The owner of the certificate of purchase shall give notice as required by Sections 365 through 390, and may extend the period of redemption as provided by Section 330. At any time within 5 months prior to expiration of the period of redemption from a sale under this Act, the owner of a certificate of purchase may file a petition and may obtain a tax certificate of title under Sections 390 through 410. All proceedings for the issuance of a tax certificate of title and all tax certificates of title for mobile homes sold under this Section shall be subject to Sections 390 through 410. This Section shall be liberally construed so that the certificates of title provided for in this Section convey merchantable title. (f) Redemptions from scavenger sales. Redemptions may be made from sales under this Section in the same manner and upon the same terms and conditions as redemptions from sales made under the county collector's annual application for judgment and order of sale, except that in lieu of penalty the person redeeming shall pay interest on that part of the amount for which the mobile home was sold equal to or less than the full amount of delinquent taxes, penalties, interest, and costs, included in the judgment and order of sale as follows: (1) If redeemed within the first 2 months from the date of the sale, 3% per month upon the amount of taxes, penalties, interest, and costs due for each of the first 2 months, or fraction thereof. (2) If redeemed at any time between 2 and 6 months from the date of the sale, 12% of the amount of taxes, penalties, interest, and costs due. (3) If redeemed at any time between 6 and 12 months from the date of the sale, 24% of the amount of taxes, penalties, interest, and costs due. (4) If redeemed at any time between 12 and 18 months from the date of the sale, 36% of the amount of taxes, penalties, interest, and costs due. (5) If redeemed at any time between 18 and 24 months from the
89 [April 4, 2001] date of the sale, 48% of the amount of taxes, penalties, interest, and costs due. (6) If redeemed after 24 months from the date of sale, the 48% provided for the 24 months together with interest at 6% per annum thereafter on the amount of taxes, penalties, interest, and costs due. The person redeeming shall not be required to pay any interest on any part of the amount for which the mobile home was sold that exceeds the full amount of delinquent taxes, penalties, interest, and costs included in the judgment and order of sale. Notwithstanding any other provision of this Section, the amount required to be paid for redemption shall also include an amount equal to all delinquent taxes on the mobile home which taxes were delinquent at the time of sale. The delinquent taxes shall be apportioned by the county collector among the taxing districts in which the mobile home is situated in accordance with law. In the event that all moneys received from any sale held under this Section exceed an amount equal to all delinquent taxes on the mobile home sold, which taxes were delinquent at the time of sale, together with all publication and other costs associated with the sale, then, upon redemption, the county collector and the county clerk shall apply the excess amount to the cost of redemption. (g) Bidding by county or other taxing districts. Any taxing district may bid at a scavenger sale. The county board of the county in which mobile homes offered for sale under this Section are located may bid as trustee for all taxing districts having an interest in the taxes for the nonpayment of which the mobile homes are offered. The county shall apply on the bid the unpaid taxes due upon the mobile home and no cash need be paid. The county or other taxing district acquiring a tax sale certificate shall take all steps necessary to acquire certificate of title to the mobile home and may manage and operate the mobile home so acquired. When a county, or other taxing district within the county, is a petitioner for a tax certificate of title, no filing fee shall be required on the petition. The county as a tax creditor and as trustee for other tax creditors, or other taxing district within the county shall not be required to allege and prove that all taxes that become due and payable after the sale to the county have been paid. The county shall not be required to pay the subsequently accruing taxes at any time. Upon the written request of the county board or its designee, the county collector shall not offer the mobile home for sale at any tax sale subsequent to the sale of the mobile home to the county under this Section. The lien of taxes that become due and payable after a sale to a county shall merge in the certificate title of the county, or other taxing district, on the issuance of a certificate of title. The County may sell the mobile homes so acquired, or the certificate of purchase thereto, and the proceeds of the sale shall be distributed to the taxing districts in proportion to their respective interests therein. The presiding officer of the county board, with the advice and consent of the county board, may appoint some officer or person to attend scavenger sales and bid on its behalf. (h) Miscellaneous provisions. In the event that a mobile home sold at any such sale is not redeemed within the time permitted by law and a tax certificate of title is issued, all moneys that may be received from the sale of mobile homes in excess of the delinquent taxes, together with all publication and other costs associated with the sale, shall, upon petition of any interested party to the court that issued the tax certificate of title, be distributed by the county collector pursuant to order of the court among the persons having legal or equitable interests in the mobile home according to the fair value of their interests in the mobile home. Appeals may be taken from the orders and judgments entered under this Section as in other civil cases. The remedy herein provided is in addition to other remedies for the collection of delinquent taxes. Section 205. Scavenger sale; persons ineligible to bid or purchase.
[April 4, 2001] 90 (a) No person, except a unit of local government, shall be eligible to bid or receive a certificate of purchase at any sale under Section 200 unless that person has completed and delivered to the county clerk a true, accurate, and complete application for certificate of purchase which shall affirm that: (1) the person has not bid upon or applied to purchase any mobile home at the sale for a person who is the party or agent of the party who owns the mobile home or is responsible for the payment of the delinquent taxes; (2) the person is not, nor is he or she the agent for, the owner or party responsible for payment of the taxes on any mobile home which is located in the same county in which the sale is held and which is tax delinquent or forfeited for all or any part of each of 2 or more years; and (3) the person, although otherwise eligible to bid, has not either directly or through an agent twice during the same sale failed to complete a purchase by the immediate payment of the minimum bid or the payment of the balance of a bid within the time provided by Section 200. Section 210. Scavenger sale registration. No person, except a unit of local government, shall be eligible to bid or to receive a certificate of purchase who did not register with the county collector at least 5 business days in advance of the first day of the sale under Section 200. The collector may charge, for each registration, a fee of not more than $50 in counties with less than 3,000,000 inhabitants and not more than $100 in counties of 3,000,000 or more inhabitants. Registration shall be made upon such forms and according to such regulations as the county collector deems necessary in order to effect complete and accurate disclosure of the identity of all persons beneficially interested, directly or indirectly, in each sale under Section 200. The information to be disclosed shall include, but not be limited to, the name, address, and telephone number of the purchaser to whom the clerk and collector will be requested to issue a certificate of purchase; if the purchaser is a corporation, the place of incorporation and the names and addresses of its shareholders unless the corporation is publicly held; if the purchaser is a partnership, the names and addresses of all general and limited partners; if the purchaser is doing business under an assumed business name, the county where such name is registered and the names, addresses, and telephone numbers of all persons having an ownership interest in the business; and the identity and location of any other tax delinquent mobile home owned by the bidder and purchaser. Every application for certificate of purchase and form for registration authorized and required by this Section and Section 215 shall be executed under penalty of perjury as though under oath or affirmation, but no acknowledgement is required. Section 215. Scavenger sale; application for certificate of purchase. The application for certificate of purchase shall be executed by the purchaser and by any individual bidder acting in the purchaser's behalf. The application shall be initially executed and delivered to the county clerk at the time of registration for the sale as provided in this Section. Before receiving any certificate of purchase, each purchaser and individual bidder acting in the purchaser's behalf shall sign and deliver to the county clerk a schedule or schedules of the mobile homes for which that purchaser has successfully bid and is applying to purchase, which schedule or schedules shall be attached to and incorporated within the application. The schedule or schedules shall be accompanied by a fee, for each mobile home listed, of $10 in counties with less than 3,000,000 inhabitants and $20 in counties with 3,000,000 or more inhabitants. The application and schedule or schedules shall be in substantially the following form: APPLICATION FOR CERTIFICATE OF PURCHASE Date of Application: ............... Name of Purchaser: ................. Address: ...........................
91 [April 4, 2001] Name of Bidder: .................... Address: ........................... I (we) hereby apply to the County Clerk and County Treasurer of ..... County for issuance of a certificate of purchase for each of the mobile homes on the attached schedule(s), and state as follows: 1. I (we) made (or authorized) the successful bid on each mobile home listed on the attached schedule or schedules at the sale of delinquent mobile homes under Section 200 of the Mobile Home Local Services Tax Enforcement Act conducted by the County Treasurer of ..... County, Illinois, on the dates indicated for each mobile home on the schedule(s). 2. At least 5 business days before the first day of this sale, I (we) submitted a truthful, accurate and complete registration to the Treasurer of ..... County on the form(s) and according to the regulations prescribed by the Treasurer's office. 3. Neither I (we) nor any person or firm identified in the registration submitted to the Treasurer of ..... County was an owner or agent of an owner, lienholder or agent of a lienholder (other than the mobile home park owner or his or her agent), holder of beneficial interest or agent of a holder of a beneficial interest in or of any mobile home identified on the schedule(s) attached to this application on January 1st of any years for which taxes were delinquent at the time of my (our) bid(s) described in the schedule(s). 4. Neither I (we) nor any person or firm identified in the registration submitted to the Treasurer of ..... County was an owner or agent of an owner, lienholder or agent of a lienholder (other than the mobile home park owner or his or her agent), holder of a beneficial interest or agent of a holder of a beneficial interest in or of the mobile home identified on the schedule(s) attached to this application at the time of the bid(s) described in the schedule. 5. Neither I (we) nor any person or firm identified in the registration submitted to the Treasurer of ..... County was an owner or agent for an owner, or party or agent for a party responsible for the payment of delinquent taxes, on any mobile home in the county that was tax delinquent or forfeited for all or any part of each of 2 or more years when the registration was submitted. 6. Neither I (we) nor any person acting in my (our) behalf has twice failed to complete a purchase at the sale during which the mobile homes on the attached schedule(s) were offered by failing to immediately pay a minimum bid or by failing to pay the balance of a bid for any mobile home within one business day thereafter. I (we) hereby affirm that I (we) have read this application and that the statements made in it are personally known by me (us) to be true, accurate and complete, under penalty of perjury as provided by law. I (we) further understand that this application shall be void unless the schedule(s) of mobile homes referred to in the application is (are) completed and delivered to the County Clerk. ........................ Dated: .............. (Signature of Purchaser) ........................ Dated: .............. (Signature of Bidder) SCHEDULE OF PROPERTIES Mobile home vehicle identification number (or other identification) Date of Bid (insert number or other identification) (insert date) I (we) hereby affirm that I (we) successfully bid upon the above mobile homes at the sale conducted by the County Treasurer of ..... County on the indicated dates, and I (we) request that the County Clerk of ..... County attach this schedule to my (our) application for certificate of purchase dated ...... Signed under penalty of perjury as provided by law: ........................ Dated: .............. (Signature of Purchaser) ........................ Dated: .............. (Signature of Bidder)
[April 4, 2001] 92 Section 220. Scavenger sale; ineligible bid; liability. (a) Any person who is ineligible under Section 205 to bid or to receive a certificate of purchase from a sale under Section 200, who nevertheless registers to bid or bids or receives or acquires ownership of a certificate of purchase from a sale, and any person who registers to bid or bids at a sale on behalf of an ineligible person, shall be personally liable, jointly and severally, in a sum equal to the full amount of delinquent or forfeited taxes, interest, penalties, and costs for which the judgment for sale under Section 200 was entered. (b) The State's Attorney of the county in which the sale under Section 200 was conducted may bring an action in the name of the People of the State of Illinois against the person and, upon a finding of liability under this Section, the court shall enter judgment against the person in a sum equal to the full amount of delinquent or forfeited taxes, interest, penalties, and costs for which judgment for sale under Section 200 was entered, together with the costs of the action and reasonable attorney's fees. The proceeds of any judgment under this Section shall be paid into the county general fund. Section 225. Tax scavenger sale fraud; definitions. For purposes of Section 230: (1) "Ownership interest" means any title or other interest in a mobile home, the holder of which is considered to be the owner of the mobile home for purposes of taxation under Section 3 of the Mobile Home Local Services Tax Act. (2) "Nonownership interest" means any interest in a mobile home other than a contingent interest and other than an ownership interest as defined in this Section, including without limitation an easement or lien. (3) "Mobile home" has the same meaning as defined in Section 1 of the mobile Home Local Services Tax Act. Section 230. Offense of scavenger sale fraud. A person commits the offense of tax sale fraud who knowingly: (a) enters a bid or authorizes or procures the entry of a bid on any mobile home offered for sale under Section 200, when the person in whose behalf the bid is made or authorized or procured has an ownership interest or nonownership interest in the mobile home, or where that person had such an interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 200; (b) acquires, or attempts to acquire, ownership of any certificate of purchase for a mobile home sold under Section 200, when the person in whose behalf such certificate of purchase is or would be acquired has an ownership interest or nonownership interest in the mobile home, or where that person had that interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 200; (c) conveys or assigns any certificate of purchase for a mobile home sold under Section 200 to any person who has an ownership interest or nonownership interest in the mobile home, or who had that interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 200; (d) makes a false statement in any application for certificate of purchase or registration form submitted under Sections 210 and 215; or (e) forfeits 2 or more bids at any one sale under Section 200 by failing to pay the minimum cash bid timely or by failing to pay the balance of the bid timely as required by Section 200. Tax sale fraud is a Class A misdemeanor. A subsequent conviction for tax sale fraud as defined in subsections (a) through (d) of this Section is a Class 4 felony. Division 6. Indemnity fund; sales in error Section 235. Creation of indemnity fund. (a) Each person purchasing any mobile home at a sale under this Act shall pay to the county collector, prior to the issuance of any certificate of purchase, a fee of $20 for each item purchased. A like sum shall be paid for each year that all or a portion of subsequent
93 [April 4, 2001] taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate of purchase is recorded. (b) The amount paid prior to issuance of the certificate of purchase pursuant to subsection (a) shall be included in the purchase price of the mobile home in the certificate of purchase and all amounts paid under this Section shall be included in the amount required to redeem under Section 300. Except as otherwise provided in subsection (b) of Section 240, all money received under subsection (a) shall be paid by the collector to the county treasurer of the county in which the mobile home is situated, for the purpose of an indemnity fund. The county treasurer, as trustee of that fund, shall invest all of that fund, principal and income, in his or her hands from time to time, if not immediately required for payments of indemnities under subsection (a) of Section 245, in investments permitted by the Illinois State Board of Investment under Article 22A of the Illinois Pension Act. The county collector shall report annually to the circuit court on the condition and income of the fund. The indemnity fund shall be held to satisfy judgments obtained against the county treasurer, as trustee of the fund. No payment shall be made from the fund, except upon a judgment of the court which ordered the issuance of a tax certificate of title. Section 240. Amount to be retained in indemnity fund. (a) The county board in each county shall determine the amount of the fund to be maintained in that county, which amount shall not be less than $50,000 and shall not be greater than $1,000,000 in counties with less than 3,000,000 inhabitants, and not greater than $2,000,000 in counties with 3,000,000 or more inhabitants. Any moneys accumulated by the county treasurer in excess of the amount so established, as trustee of the fund, shall be paid by him or her annually to the general fund of the county. (b) In counties in which a Tort Liability Fund is established, all sums of money received under subsection (a) of Section 235 may be deposited in the general fund of the county for general county governmental purposes, if the county board provides by ordinance that the indemnity required by this Section shall be provided by the Tort Liability Fund. Section 245. Payments from Indemnity Fund. (a) Any owner of a mobile home sold under any provision of this Act who sustains loss or damage by reason of the issuance of a tax certificate of title under Section 360 or 400 and who is barred or is in any way precluded from bringing an action for the recovery of the mobile home shall have the right to indemnity for the loss or damage sustained, limited as follows: (1) An owner who resided in a mobile home on the last day of the period of redemption and who is equitably entitled to compensation for the loss or damage sustained has the right to indemnity. An equitable indemnity award shall be limited to the fair cash value of the mobile home as of the date the tax certificate of title was issued less any liens on the mobile home, and the award will not exceed $99,000. The court shall liberally construe this equitable entitlement standard to provide compensation wherever, in the discretion of the court, the equities warrant the action. An owner of a mobile home who requests an award in excess of $99,000 must prove that the loss of his or her mobile home was not attributable to his or her own fault or negligence before an award in excess of $99,000 will be granted. (2) An owner who sustains the loss or damage of any mobile home occasioned by reason of the issuance of a tax certificate of title, without fault or negligence of his or her own, has the right to indemnity limited to the fair cash value of the mobile home less any liens on the mobile home. In determining the existence of fault or negligence, the court shall consider whether the owner exercised ordinary reasonable diligence under all of the relevant circumstances.
[April 4, 2001] 94 (3) In determining the fair cash value of a mobile home less any liens on the mobile home, the fair cash value shall be reduced by the principal amount of all taxes paid by the tax purchaser or his or her assignee before the issuance of the tax certificate of title. (4) If an award made under paragraph (1) or (2) is subject to a reduction by the amount of an outstanding lien on the mobile home, other than the principal amount of all taxes paid by the tax purchaser or his or her assignee before the issuance of the tax certificate of title and the petitioner would be personally liable to the lienholder for all or part of that reduction amount, the court shall order an additional indemnity award to be paid directly to the lienholder sufficient to discharge the petitioner's personal liability. The court, in its discretion, may order the joinder of the lienholder as an additional party to the indemnity action. (b) Indemnity fund; subrogation. (1) Any person claiming indemnity hereunder shall petition the court which ordered the tax certificate of title to issue, shall name the county treasurer, as trustee of the indemnity fund, as defendant to the petition, and shall ask that judgment be entered against the county treasurer, as trustee, in the amount of the indemnity sought. The provisions of the Civil Practice Law shall apply to proceedings under the petition, except that neither the petitioner nor county treasurer shall be entitled to trial by jury on the issues presented in the petition. The court shall liberally construe this Section to provide compensation wherever in the discretion of the Court the equities warrant such action. (2) The county treasurer, as trustee of the indemnity fund, shall be subrogated to all parties in whose favor judgment may be rendered against him or her, and by third party complaint may bring in as a defendant any person, other than the tax certificate of title grantee and its successors in title, not a party to the action who is or may be liable to him or her, as subrogee, for all or part of the petitioner's claim against him or her. (c) Any contract involving the proceeds of a judgment for indemnity under this Section, between the tax certificate of title grantee or its successors in title and the indemnity petitioner or his or her successors, shall be in writing. In any action brought under this Section, the Collector shall be entitled to discovery regarding, but not limited to, the following: (1) the identity of all persons beneficially interested in the contract, directly or indirectly, including at least the following information: the names and addresses of any natural persons; the place of incorporation of any corporation and the names and addresses of its shareholders unless it is publicly held; the names and addresses of all general and limited partners of any partnership; the names and addresses of all persons having an ownership interest in any entity doing business under an assumed name, and the county in which the assumed business name is registered; and the nature and extent of the interest in the contract of each person identified; (2) the time period during which the contract was negotiated and agreed upon, from the date of the first direct or indirect contact between any of the contracting parties to the date of its execution; (3) the name and address of each natural person who took part in negotiating the contract, and the identity and relationship of the party that the person represented in the negotiations; and (4) the existence of an agreement for payment of attorney's fees by or on behalf of each party. Any information disclosed during discovery may be subject to protective order as deemed appropriate by the court. The terms of the contract shall not be used as evidence of value. Section 250. Indemnity fund fraud. (a) A person commits the offense of indemnity fund fraud when that person knowingly:
95 [April 4, 2001] (1) offers or agrees to become a party to, or to acquire an interest in, a contract involving the proceeds of a judgment for indemnity under Section 245 before the end of the period of redemption from the tax sale to which the judgment relates; (2) fraudulently induces a party to forego bringing an action for the recovery of the mobile home; (3) makes a deceptive misrepresentation during the course of negotiating an agreement under subsection (c) of Section 245; or (4) conspires to violate any of the provisions of this subsection. (b) Commission of any one act described in subsection (a) is a Class A misdemeanor. Commission of more than one act described in subsection (a) during a single course of conduct is a Class 4 felony. A second or subsequent conviction for violation of any portion of this Section is a Class 4 felony. (c) The State's Attorney of the county in which a judgment for indemnity under Section 245 is entered may bring a civil action in the name of the People of the State of Illinois against a person who violates paragraph (1), (2), or (3) of subsection (a). Upon a finding of liability in the action the court shall enter judgment in favor of the People in a sum equal to 3 times the amount of the judgment for indemnity, together with costs of the action and reasonable attorney's fees. The proceeds of any judgment under this subsection shall be paid into the general fund of the county. Section 255. Sales in error. (a) When, upon application of the county collector, the owner of the certificate of purchase, or a municipality that owns or has owned the mobile home ordered sold, it appears to the satisfaction of the court that ordered the mobile home sold that any of the following subsections are applicable, the court shall declare the sale to be a sale in error: (1) the mobile home was not subject to taxation, (1.5) the mobile home has been moved to a different location, (2) the taxes had been paid prior to the sale of the mobile home, (3) there is a double computation of the tax, (4) the description is void for uncertainty, (5) the assessor, chief county assessment officer, board of review, board of appeals, or other county official has made an error (other than an error of judgment as to the value of any mobile home), (5.5) the owner of the mobile home had tendered timely and full payment to the county collector that the owner reasonably believed was due and owing on the mobile home, and the county collector did not apply the payment to the mobile home; provided that this provision applies only to mobile home owners, not their agents or third-party payors, or (6) prior to the tax sale a voluntary or involuntary petition has been filed by or against the legal or beneficial owner of the mobile home requesting relief under the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13. (b) When, upon application of the owner of the certificate of purchase only, it appears to the satisfaction of the court that ordered the mobile home sold that any of the following subsections are applicable, the court shall declare the sale to be a sale in error: (1) A voluntary or involuntary petition under the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been filed subsequent to the tax sale and prior to the issuance of the tax certificate of title. (2) The mobile home sold has been substantially destroyed or rendered uninhabitable or otherwise unfit for occupancy subsequent to the tax sale and prior to the issuance of the tax certificate of title. If a sale is declared to be a sale in error, the county clerk shall make entry in the tax judgment, sale, redemption and forfeiture record, that the mobile home was erroneously sold, and the county collector
[April 4, 2001] 96 shall, on demand of the owner of the certificate of purchase, refund the amount paid, pay any interest and costs as may be ordered under Sections 260 through 280, and cancel the certificate so far as it relates to the mobile home. The county collector shall deduct from the accounts of the appropriate taxing bodies their pro rata amounts paid. Section 260. Interest on refund. (a) In those cases which arise solely under grounds set forth in Section 255 or 395, and in no other cases, the court which orders a sale in error shall also award interest on the refund of the amount paid for the certificate of purchase, together with all costs paid by the owner of the certificate of purchase or his or her assignor which were posted to the tax judgment, sale, redemption and forfeiture record, except as otherwise provided in this Section. Except as otherwise provided in this Section, interest shall be awarded and paid at the rate of 1% per month from the date of sale to the date of payment to the tax purchaser, or in an amount equivalent to the penalty interest which would be recovered on a redemption at the time of payment pursuant to the order for sale in error, whichever is less. (b) Interest on the refund to the owner of the certificate of purchase shall not be paid (i) in any case in which the mobile home sold has been substantially destroyed or rendered uninhabitable or otherwise unfit for occupancy, (ii) when the sale in error is made pursuant to Section 395, or (iii) in any other case where the court determines that the tax purchaser had actual knowledge prior to the sale of the grounds on which the sale is declared to be erroneous. (c) When the county collector files a petition for sale in error under Section 255 and mails a notice thereof by certified or registered mail to the tax purchaser, any interest otherwise payable under this Section shall cease to accrue as of the date the petition is filed, unless the tax purchaser agrees to an order for sale in error upon the presentation of the petition to the court. Notices under this subsection may be mailed to the original owner of the certificate of purchase, or to the latest assignee, if known. When the owner of the certificate of purchase contests the collector's petition solely to determine whether the grounds for sale in error are such as to support a claim for interest, the court may direct that the principal amount of the refund be paid to the owner of the certificate of purchase forthwith. If the court thereafter determines that a claim for interest lies under this Section, it shall award such interest from the date of sale to the date the principal amount was paid. Section 265. Refund of other taxes paid by holder of certificate of purchase. The court which orders a sale in error shall order the refund of all other taxes paid by the owner of the certificate of purchase or his or her assignor which were validly posted to the tax judgment, sale redemption and forfeiture record subsequent to the tax sale, together with interest on the other taxes under the same terms as interest is otherwise payable under Section 260. The interest under this Section shall be calculated at the rate of 1% per month from the date the other taxes were paid and not from the date of sale. The collector shall take credit in settlement of his or her accounts for the refund of the other taxes as in other cases of sale in error under Section 255. Section 270. Orders for payment of interest; counties of 3,000,000 or more. In counties with 3,000,000 or more inhabitants, all orders for payment of interest or costs under Sections 260 and 265 shall be paid as provided in Sections 275, 280, and 285. In all other counties, the county treasurer may determine in his or her discretion whether payment of interest and costs shall be made as provided in Sections 275, 280, and 285. In the other counties, where the treasurer determines not to make payment as provided in those Sections, the treasurer shall pay any interest or costs awarded under this Section pro rata from those accounts where the principal refund of the tax sale purchase price under Section 255 is taken. Section 275. Fund for payment of interest. In counties of under 3,000,000 inhabitants, the county board may impose a fee of up to $10, which shall be paid to the county collector, upon each person
97 [April 4, 2001] purchasing any mobile home at a sale held under this Act, prior to the issuance of any certificate of purchase. Each person purchasing any mobile home at a sale held under this Act in a county with 3,000,000 or more inhabitants shall pay to the county collector, prior to the issuance of any certificate of purchase, a fee of $15 for each item purchased. That amount shall be included in the price paid for the certificate of purchase and the amount required to redeem under Section 300. All sums of money received under this Section shall be paid by the collector to the county treasurer of the county in which the mobile home is situated for deposit into a special fund. It shall be the duty of the county treasurer, as trustee of the fund, to invest the principal and income of the fund from time to time, if not immediately required for payments under this Section, in investments as are authorized by Sections 3-10009 and 3-11002 of the Counties Code. The fund shall be held to satisfy orders for payment of interest and costs obtained against the county treasurer as trustee of the fund. No payment shall be made from the fund except by order of the court declaring a sale in error under Section 255. Any moneys accumulated in the fund by the county treasurer in excess of $500,000 shall be paid each year prior to the commencement of the annual tax sale, first to satisfy any existing unpaid judgments entered pursuant to Section 235, and any funds remaining thereafter shall be paid to the general fund of the county. Section 280. Claims for interest and costs. Any person claiming interest or costs under Sections 260 through 275 shall include the claim in his or her petition for sale in error under Section 255. Any claim for interest or costs which is not included in the petition is waived, except interest or costs may be awarded to the extent permitted by this Section upon a sale in error petition filed by the county collector, without requiring a separate filing by the claimant. Any order for interest or costs upon the petition for sale in error shall be deemed to be entered against the county treasurer as trustee of the fund created by Section 275. The fund shall be the sole source for payment and satisfaction of orders for interest or costs, except as otherwise provided in this Section. If the court determines that the fund has been depleted and will not be restored in time to pay an award with reasonable promptness, the court may authorize the collector to pay the interest portion of the award pro rata from those accounts where the principal refund of the tax sale purchase price under Section 255 is taken. Section 285. Recovery of amount of tax paid by purchaser at erroneous sale. In addition to all other remedies, when the purchaser or assignee of a certificate of purchase that has been declared an erroneous sale, has paid any tax upon the mobile home sold, which was not paid by the owner of the mobile home and was not refunded to the tax purchaser or assignee by the county, the purchaser or assignee may recover from the owner the amount he or she paid, with 10% interest, as money paid for the owner's use. Division 7. Redemption procedures and notice requirements Section 290. Right of redemption. (a) Mobile homes sold under this Act may be redeemed only by those persons having a right of redemption as defined in this Section and only in accordance with this Act. A right to redeem a mobile home from any sale under this Act shall exist in any owner or person interested in that mobile home whether or not the interest in the mobile home sold is recorded or filed. Any redemption shall be presumed to have been made by or on behalf of the owners and persons interested in the mobile home and shall inure to the benefit of the persons having the certificate of title to the mobile home redeemed, subject to the right of the person making the redemption to be reimbursed by the persons benefited. (b) Any person who desires to redeem and does not desire to contest the validity of a petition for tax certificate of title may redeem pursuant to this Section and related Sections of this Act without submitting a written protest under Section 21-380.
[April 4, 2001] 98 Section 295. Period of redemption. Mobile homes sold under this Act may be redeemed on or before the expiration of 2 years and 6 months from the date of sale. If, however, the court that ordered the mobile home sold, upon the verified petition of the holder of the certificate of purchase brought within 4 months from the date of sale, finds and declares that the mobile home is abandoned, then the court may order that the mobile home may be redeemed at any time on or before the expiration of 1 year from the date of sale. Notice of the hearing on a petition to declare the mobile home abandoned shall be given to the owner or owners of the mobile home and to the person in whose name the taxes were last assessed, by certified or registered mail sent to their last known addresses at least 5 days before the date of the hearing. If the period of redemption has been extended by the certificate holder as provided in Section 330, the mobile home may be redeemed on or before the extended redemption date. Section 300. Amount of redemption. Any person desiring to redeem shall deposit an amount specified in this Section with the county clerk of the county in which the mobile home is situated, in legal money of the United States, or by cashier's check, certified check, post office money order or money order, issued by a financial institution insured by an agency or instrumentality of the United States, payable to the county clerk of the proper county. The deposit shall be deemed timely only if actually received in person at the county clerk's office prior to the close of business as defined in Section 3-2007 of the Counties Code on or before the expiration of the period of redemption or by United States mail with a post office cancellation mark dated not less than one day prior to the expiration of the period of redemption. The deposit shall be in an amount equal to the total of the following: (a) the certificate amount, which shall include all tax principal, interest, and penalties paid by the tax purchaser together with costs and fees of sale and fees paid under Sections 235 and 260 through 280; (b) the accrued penalty, computed through the date of redemption as a percentage of the certificate amount, as follows: (1) if the redemption occurs on or before the expiration of 6 months from the date of sale, the certificate amount times the penalty bid at sale; (2) if the redemption occurs after 6 months from the date of sale, and on or before the expiration of 12 months from the date of sale, the certificate amount times 2 times the penalty bid at sale; (3) if the redemption occurs after 12 months from the date of sale and on or before the expiration of 18 months from the date of sale, the certificate amount times 3 times the penalty bid at sale; (4) if the redemption occurs after 18 months from the date of sale and on or before the expiration of 24 months from the date of sale, the certificate amount times 4 times the penalty bid at sale; (5) if the redemption occurs after 24 months from the date of sale and on or before the expiration of 30 months from the date of sale, the certificate amount times 5 times the penalty bid at sale; (6) if the redemption occurs after 30 months from the date of sale and on or before the expiration of 36 months from the date of sale, the certificate amount times 6 times the penalty bid at sale. (c) The total of all taxes, accrued interest on those taxes, and costs charged in connection with the payment of those taxes, which have been paid by the tax certificate holder on or after the date those taxes became delinquent together with 12% penalty on each amount so paid for each year or portion thereof intervening between the date of that payment and the date of redemption. In counties with less than 3,000,000 inhabitants, however, a tax certificate holder may not pay the subsequent tax for any year, nor shall any tender of such a payment be accepted, until the
99 [April 4, 2001] subsequent tax has become delinquent or until after the holder of the certificate of purchase has filed a petition for a tax certificate of title under Section 390. The person redeeming shall also pay the amount of interest charged on the subsequent tax and paid as a penalty by the tax certificate holder. (d) Any amount paid to redeem a forfeiture occurring subsequent to the tax sale together with 12% penalty thereon for each year or portion thereof intervening between the date of the forfeiture redemption and the date of redemption from the sale. (e) Any amount paid by the certificate holder for redemption of a subsequently occurring tax sale. (f) All fees paid to the county clerk under Section 22-5. (g) All fees paid to the circuit clerk and the sheriff or coroner in connection with the filing of the petition for tax certificate of title and service of notices under Sections 375 through 390 and 400 in addition to (1) a fee of $35 if a petition for tax certificate of title has been filed, which fee shall be posted to the tax judgement, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; (2) a fee of $4 if a notice under Section 365 has been filed, which fee shall be posted to the tax judgment, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; and (3) all costs paid to record a lis pendens notice in connection with filing a petition under this Act. The fees in (1) and (2) of this paragraph (g) shall be exempt from the posting requirements of Section 305. (h) All fees paid for publication of notice of the tax sale in accordance with Section 380. (i) All sums paid to any city, village or incorporated town for reimbursement under Section 395. (j) All costs and expenses of receivership under Section 350, to the extent that these costs and expenses exceed any income from the mobile home in question, if the costs and expenditures have been approved by the court appointing the receiver and a certified copy of the order or approval is filed and posted by the certificate holder with the county clerk. Only actual costs expended may be posted on the tax judgment, sale, redemption and forfeiture record. Section 305. Posting requirements. Except as otherwise provided in Section 300, the county clerk shall not be required to include amounts described in paragraphs (c) through (j) of Section 300 in the payment for redemption or the amount received for redemption, nor shall payment thereof be a charge on the mobile home sold for taxes, unless the tax certificate holder has filed and posted with the county clerk prior to redemption and in any event not less than 30 days prior to the expiration of the period of redemption or extended period of redemption an official, original or duplicate receipt for payment of those fees, costs, and expenses permitted under paragraphs (c) through (j) of Section 300. Section 310. Deficiency judgment. If the sold mobile home is not redeemed, a deficiency judgment shall not be taken on account of the receivership proceedings against the owner or owners of the mobile home. In the event that income to the receiver exceeds expenditures, net income is to be deposited with the clerk of the court ordering the tax sale and shall be distributed as determined by the court ordering the appointment of the receiver. Section 315. Redemption of a forfeited mobile home. Except as otherwise provided in Section 320, any mobile home forfeited to the State may be redeemed or sold in the following manner: When a mobile home has been forfeited for delinquent taxes, the person desiring to redeem shall apply to the county clerk who shall order the county collector to receive from the person the amount of the forfeited taxes, statutory costs, interest prior to forfeiture, printer's fees due thereon and, in addition, forfeiture interest at a rate of 12% per year or fraction thereof. Upon presentation of the county clerk's order to the county collector, the collector shall
[April 4, 2001] 100 receive the amount due on account of forfeited taxes and give the person duplicate receipts, setting forth a description of the mobile home and amount received. One of the receipts shall be countersigned by the county clerk and, when so countersigned, shall be evidence of the redemption of the mobile home. The receipt shall not be valid until it is countersigned by the county clerk. The other receipt shall be filed by the county clerk in his or her office, and the clerk shall make a proper entry of the redemption of the mobile home on the appropriate books in his or her office and charge the amount of the redemption to the county collector. Section 320. Partial redemption of forfeited mobile homes. In counties with less than 3,000,000 inhabitants, when forfeited taxes on a mobile home remain unpaid for one or more years, it is permissible to pay to the county or township collector, one or more full years of back or forfeited taxes, interest prior to forfeiture, statutory costs, printers' fees, and forfeiture interest or penalties, attaching thereto beginning with the earliest year for which the taxes are unpaid. In no case shall payment on account of a designated years' taxes be accepted unless the sums due for prior years have first been paid or are tendered at the same time. Any person seeking to make payments under this Section shall notify the county clerk of his or her intention in person or by agent or in writing. If notice is given while the collector has possession of the collector's books, the county clerk shall prepare an addendum to be presented to the collector and attached, by the collector, to the collector's books on which the description of the mobile home involved appears, which addendum shall become a part of the collector's books. If notice is given after the tax sale, but before receipt by the county collector of the current collector's books, the county clerk shall prepare an addendum and attach it to the Tax Judgment, Sale, Redemption, and Forfeiture record, on which the mobile home involved appears, which addendum shall become a part of that record. The addendum shall show separately, for the year or years to be paid, (a) the amount of back or forfeited taxes, (b) interest prior to forfeiture, (c) statutory costs and printers' fees, and (d) forfeiture interest or penalties attaching thereto. The county clerk shall, at the same time, order the county or town collector to receive from the person the amount due on account of the taxes, for the year or years determined as provided above, of the back or forfeited taxes, interest prior to forfeiture, statutory costs, printers' fees, and forfeiture interest or penalties to date attaching to the back or forfeited taxes. Upon presentation of the order from the county clerk, and receipt of the addendum if the books are in the collector's possession, the collector shall receive the sum tendered on account of the taxes for the year or years designated, and make out duplicate receipts therefor. The receipts shall set forth a description of the mobile home, the year or years paid, and the total amount received. One copy of the receipt shall be given the person making payment and, when countersigned by the county clerk, shall be evidence of the payment therein set forth. The second copy shall be filed by the county clerk in his or her office. If the collector's books are in the collector's possession, he or she shall enter the payment on the current collector's books or addendum, and he or she shall also enter any unpaid balance on the Tax Judgment, Sale, Redemption and Forfeiture record at the proper time. After the tax sale and before receipt by the county collector of the current collector's books, the county clerk shall make a proper entry on the Tax Judgment, Sale, Redemption and Forfeiture record, and shall charge the county collector with the sum received. The county clerk shall also enter any unpaid balance on the county collector's books at the proper time. The county collector shall distribute all sums received as required by law. Section 325. Redemption under protest. Any person redeeming under this Section at a time subsequent to the filing of a petition under Section 390 or 360, who desires to preserve his or her right to defend against the petition for a tax certificate of title, shall accompany
101 [April 4, 2001] the deposit for redemption with a writing substantially in the following form: Redemption Under Protest Tax Deed Case No. ..................................................... Vol. No. .............................................................. Mobile Home Vehicle Identification No. (or other unique description)...................................... Original Amount of Tax $............................................... Amount Deposited for Redemption $...................................... Name of Petitioner..................................................... Tax Year Included in Judgment.......................................... Date of Sale........................................................... Expiration Date of the Period of Redemption............................ To the county clerk of ........ County: This redemption is made under protest for the following reasons: (here set forth and specify the grounds relied upon for the objection) Name of party redeeming................................................ Address................................................................ Any grounds for the objection not specified at the time of the redemption under protest shall not be considered by the court. The specified grounds for the objections shall be limited to those defenses as would provide sufficient basis to deny entry of an order for issuance of a tax certificate of title. Nothing in this Section shall be construed to authorize or revive any objection to the tax sale or underlying taxes which was estopped by entry of the order for sale as set forth in Section 420. The person protesting shall present to the county clerk 3 copies of the written protest signed by himself or herself. The clerk shall write or stamp the date of receipt upon the copies and sign them. He or she shall retain one of the copies, another he or she shall deliver to the person making the redemption, who shall file the copy with the clerk of the court in which the tax certificate of title petition is pending, and the third he or she shall forward to the petitioner named therein. The county clerk shall enter the redemption as provided in Section 165 and shall note the redemption under protest. The redemption money so deposited shall not be distributed to the holder of the certificate of purchase but shall be retained by the county clerk pending disposition of the petition filed under Section 390. Redemption under protest constitutes the appearance of the person protesting in the proceedings under Sections 390 through 412 and that person shall present a defense to the petition for tax certificate of title at the time which the court directs. Failure to appear and defend shall constitute a waiver of the protest and the court shall order the redemption money distributed to the holder of the certificate of purchase upon surrender of that certificate and shall dismiss the proceedings. When the party redeeming appears and presents a defense, the court shall hear and determine the matter. If the defense is not sustained, the court shall order the protest stricken and direct the county clerk to distribute the redemption money upon surrender of the certificate of purchase and shall order the party redeeming to pay the petitioner reasonable expenses, actually incurred, including the cost of withheld redemption money, together with a reasonable attorneys fee. Upon a finding sustaining the protest in whole or in part, the court may declare the sale to be a sale in error under Section 255 or Section 405, and shall direct the county clerk to return all or part of the redemption money or deposit to the party redeeming. Section 330. Extension of period of redemption. The purchaser or his or her assignee of a mobile home sold for nonpayment of taxes may extend the period of redemption at any time before the expiration of the original period of redemption, or thereafter prior to the expiration of any extended period of redemption, for a period which will expire not later than 3 years from the date of sale, by filing with the county clerk of the county in which the mobile home is located a written notice to that effect describing the mobile home, stating the
[April 4, 2001] 102 date of the sale and specifying the extended period of redemption. If prior to the expiration of the period of redemption or extended period of redemption a petition for tax certificate of title has been filed under Section 390, upon application of the petitioner, the court shall allow the purchaser or his or her assignee to extend the period of redemption after expiration of the original period or any extended period of redemption, provided that any extension allowed will expire not later than 3 years from the date of sale. If the period of redemption is extended, the purchaser or his or her assignee must give the notices provided for in Section 370 at the specified times prior to the expiration of the extended period of redemption by causing a sheriff (or if he or she is disqualified, a coroner) of the county in which the mobile home, or any part thereof, is located to serve the notices as provided in Sections 375 and 380. The notices may also be served as provided in Sections 375 and 380 by a special process server appointed by the court under Section 375. Section 335. Effect of receipt of redemption money, forfeiture, withdrawal, or return of certificate. The receipt of the redemption money on any mobile home by any purchaser or assignee, on account of any forfeiture or withdrawal, or the return of the certificate of purchase, withdrawal or forfeiture for cancellation, shall operate as a release of the claim to the mobile home under, or by virtue of, the purchase, withdrawal, or forfeiture. However, when a certificate of purchase has been recorded in the office of the county recorder by any city, incorporated town, or village with 1,000,000 or more inhabitants in which the mobile home is situated, the recording of a certificate by the county clerk, reciting the cancellation of the certificate of purchase on the tax judgment, sale, redemption and forfeiture record, shall operate as a release of the lien of the city, incorporated town, or village under the certificate of purchase. Section 340. County clerk to pay successor redemption money collected. At the expiration of his or her term of office, the county clerk shall pay over to the successor in office all moneys in his or her hands received for redemption from sale for taxes on a mobile home. Section 345. Notice of order setting aside redemption. In counties with 3,000,000 or more inhabitants, if an order is entered setting aside a redemption made within the time allowed by law after a petition for tax certificate of title has been filed, the holder of the certificate of purchase shall mail a copy of the order within 7 days of entry of the order by registered or certified mail to the county clerk, to the person who made the redemption, and to all parties entitled to notice of the petition under Section 370, 375, or 385. The order shall provide that any person who was entitled to redeem may pay to the county clerk within 30 days after the entry of the order the amount necessary to redeem the mobile home from the sale as of the last day of the period of redemption. The county clerk shall make an entry in the annual tax judgment, sale, redemption, and forfeiture record reflecting the entry of the order and shall immediately upon request provide an estimate of the amount required to effect a redemption as of the last date of the period of redemption. If the amount is paid within 30 days after entry of the order, then the court shall enter an order declaring the taxes to be paid as if the mobile home had been redeemed within the time required by law and dismissing the petition for tax certificate of title. A tax certificate of title shall not be issued within the 30-day period. Upon surrender of the certificate of purchase, the county clerk shall distribute the funds deposited as if a timely redemption had been made. Division 8. Other procedures Section 350. Waste; appointment of receiver. After any sale of mobile homes under this Act and until a tax certificate of title has been issued or until redemption has been made, no waste shall be committed on any of the mobile homes involved. The court which ordered the mobile home to be sold may, upon verified petition of the holder of the certificate of purchase, take such action as the court deems necessary and desirable to prevent the commission of waste. If the mobile home sold is abandoned or if any municipality or
103 [April 4, 2001] other local governmental body has legal action pending because the mobile home violates local building, housing, or fire ordinances, or mobile home park rules and regulations, or because the taxes on the mobile home are delinquent for 2 or more years, the court which ordered the mobile home to be sold may, upon verified petition of the holder of the certificate of purchase, enter an order for appointment of a receiver. Notice of the hearing for appointment of the receiver shall be given to the owner or owners of the mobile home and to the person in whose name the taxes were last assessed, by certified or registered mail sent to their last known addresses, at least 5 days prior to the date of the hearing. The receiver may take only that action, subject to court approval, as is necessary for the preservation of the mobile home or is necessary to correct conditions at the mobile home that fail to conform to minimum standards of health and safety, as set forth in local ordinances or mobile home park rules and regulations. If a receiver is appointed, all costs and expenses advanced by the receiver shall be repaid as provided for in Section 300 before any redemption is considered complete. The receiver shall be discharged upon redemption from the tax sale or upon entry of an order directing issuance of a tax certificate of title. Nothing herein contained is intended to prevent a court from appointing the holder of the certificate of purchase as receiver. The holder of the certificate of purchase shall be made a party to any action or proceeding to demolish or destroy a mobile home where the mobile home has been sold for failure to pay taxes and the period of redemption has not expired. Section 355. Action for collection of taxes. The county board may, at any time after final judgment and order of sale against a delinquent mobile home under Section 120, institute a civil action in the name of the People of the State of Illinois in the circuit court for the whole amount due for taxes on the delinquent or forfeited mobile home. Any county, city, village, incorporated town, school district or other municipal corporation to which any tax is due, may, at any time after final judgment under Section 120, institute a civil action in its own name, in the circuit court, for the amount of the tax due to it on the delinquent or forfeited mobile home, and prosecute the same to final judgment. On the sale of any mobile home following judgment in the civil action, the county, city, village, incorporated town, school district or other municipal corporation, interested in the collection of the tax, may become purchaser at the sale. If the mobile home so sold is not redeemed the purchaser may acquire, hold, sell or dispose of the title thereto, the same as individuals may do under the laws of this State. In any action for delinquent or forfeited taxes, the fact that the mobile home was assessed to a person shall be prima facie evidence that the person was the owner thereof, and was liable for the taxes for the year or years for which the assessment was made. That fact may be proved by the introduction in evidence of the proper assessment book or roll, or other competent proof. Any judgment rendered for delinquent or forfeited taxes under this Section shall include the costs of the action and reasonable attorney's fees. Section 360. Tax foreclosure proceedings. In tax foreclosure proceedings, the purchaser or assignee shall file a petition for a certificate of title in the proceeding in which the foreclosure order was entered. Notice of the filing of the petition and of the hearing on the petition shall be given in conformity with rule or practice of court in regard to motions as in other civil actions. Division 9. Tax certificates of title and procedures Section 365. Notice of sale and redemption rights. In order to be entitled to a tax certificate of title, within 4 months and 15 days after any sale held under this Act, the purchaser or his or her assignee shall deliver to the county clerk a notice to be given to the party in whose name the taxes are last assessed as shown by the most recent tax collector's warrant books, in at least 10 point type in the following form completely filled in: TAKE NOTICE County of .........................................................
[April 4, 2001] 104 Date Premises Sold ................................................ Certificate No. ................................................... Sold for Taxes of (year) .......................................... Warrant No. ............... Inst. No. ................. THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES Property located at ................................................... Mobile Home Vehicle Identification No. (or other unique description) .. ....................................................................... ....................................................................... This notice is to advise you that the above mobile home has been sold for delinquent taxes and that the period of redemption from the sale will expire on ................................................... This notice is also to advise you that a petition will be filed for a tax certificate of title which will transfer certificate of title and the right to possession of this mobile home if redemption is not made on or before .......................................................... At the date of this notice the total amount which you must pay in order to redeem the above mobile home is .............................. YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY Redemption can be made at any time on or before .... by applying to the County Clerk of .... County, Illinois at the County Court House in ...., Illinois. The above amount is subject to increase at 6 month intervals from the date of sale. Check with the county clerk as to the exact amount you owe before redeeming. Payment must be made by certified check, cashier's check, money order, or in cash. For further information contact the County Clerk. ............................... Purchaser or Assignee Dated (insert date). Within 10 days after receipt of said notice, the county clerk shall mail to the addresses supplied by the purchaser or assignee, by registered or certified mail, copies of said notice to the party in whose name the taxes are last assessed as shown by the most recent tax collector's warrant books. The purchaser or assignee shall pay to the clerk postage plus the sum of $10. The clerk shall write or stamp the date of receiving the notices upon the copies of the notices, and retain one copy. Section 370. Notice of expiration of period of redemption. A purchaser or assignee shall not be entitled to a tax certificate of title to the mobile home sold unless, not less than 3 months nor more than 5 months prior to the expiration of the period of redemption, he or she gives notice of the sale and the date of expiration of the period of redemption to the owners, occupants, and parties interested in the mobile home as provided below. The Notice to be given to the parties shall be in at least 10 point type in the following form completely filled in: TAX DEED NO. .................... FILED .................... TAKE NOTICE County of ......................................................... Date Premises Sold ................................................ Certificate No. .................................................. Sold for Taxes of (year) .......................................... Warrant No. ................ Inst. No. ................. THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES Property located at ................................................... Mobile Home Vehicle Identification No. (or other unique description) .. ....................................................................... ....................................................................... This notice is to advise you that the above mobile home has been sold for delinquent taxes and that the period of redemption from the sale will expire on ................................................... .......................................................................
105 [April 4, 2001] The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes to redeem the mobile home from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming. This notice is also to advise you that a petition has been filed for a tax certificate of title which will transfer certificate of title and the right to possession of this mobile home if redemption is not made on or before ..................................................... This matter is set for hearing in the Circuit Court of this county in ...., Illinois on ..... You may be present at this hearing but your right to redeem will already have expired at that time. YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY Redemption can be made at any time on or before .... by applying to the County Clerk of ...., County, Illinois at the County Court House in ...., Illinois. For further information contact the County Clerk. .......................... Purchaser or Assignee. In counties with 3,000,000 or more inhabitants, the notice shall also state the address, room number and time at which the matter is set for hearing. Section 375. Service of notice. The purchaser or his or her assignee shall give the notice required by Section 370 by causing it to be published in a newspaper as set forth in Section 380. In addition, the notice shall be served by a sheriff (or if he or she is disqualified, by a coroner) of the county in which the mobile home is located upon owners who reside in the mobile home sold by leaving a copy of the notice with those owners personally. In counties of 3,000,000 or more inhabitants where a taxing district is a petitioner for tax certificate of title pursuant to Section 35, in lieu of service by the sheriff or coroner the notice may be served by a special process server appointed by the circuit court as provided in this Section. The taxing district may move prior to filing one or more petitions for tax certificate of title for appointment of such a special process server. The court, upon being satisfied that the person named in the motion is at least 18 years of age and is capable of serving notice as required under this Act, shall enter an order appointing such person as a special process server for a period of one year. The appointment may be renewed for successive periods of one year each by motion and order, and a copy of the original and any subsequent order shall be filed in each tax certificate of title case in which a notice is served by the appointed person. Delivery of the notice to and service of the notice by the special process server shall have the same force and effect as its delivery to and service by the sheriff or coroner. The same form of notice shall also be served upon all other owners and parties interested in the mobile home, if upon diligent inquiry they can be found in the county, and upon the occupants of the mobile home in the following manner: (a) as to individuals, by (1) leaving a copy of the notice with the person personally or (2) by leaving a copy at his or her usual place of residence with a person of the family, of the age of 13 years or more, and informing that person of its contents. The person making the service shall cause a copy of the notice to be sent by registered or certified mail, return receipt requested, to that party at his or her usual place of residence; (b) as to public and private corporations, municipal, governmental and quasi-municipal corporations, partnerships, receivers and trustees of corporations, by leaving a copy of the notice with the person designated by the Civil Practice Law. When a party interested in the mobile home is a trustee, notice served upon the trustee shall be deemed to have been served upon any
[April 4, 2001] 106 beneficiary or note holder thereunder unless the holder of the note is disclosed of record. When a judgment is a lien upon the mobile home sold, the holder of the lien shall be served with notice if the name of the judgment debtor as shown in the transcript, certified copy or memorandum of judgment filed of record is identical, as to given name and surname, with the name of the party interested as it appears of record. If any owner or party interested, upon diligent inquiry and effort, cannot be found or served with notice in the county as provided in this Section, and the person in actual occupancy and possession is tenant to, or in possession under the owners or the parties interested in the mobile home, then service of notice upon the tenant, occupant or person in possession shall be deemed service upon the owners or parties interested. If any owner or party interested, upon diligent inquiry and effort cannot be found or served with notice in the county, then the person making the service shall cause a copy of the notice to be sent by registered or certified mail, return receipt requested, to that party at his or her residence, if ascertainable. Section 380. Proof of service of notice; publication of notice. The sheriff or coroner serving notice under Section 375 shall endorse his or her return thereon and file it with the clerk of the circuit court and it shall be a part of the court record. A special process server appointed under Section 375 shall make his or her return by affidavit and shall file it with the clerk of the circuit court, where it shall be a part of the court record. If a sheriff, special process server, or coroner to whom any notice is delivered for service, neglects or refuses to make the return, the purchaser or his or her assignee may petition the court to enter a rule requiring the sheriff, special process server, or coroner to make return of the notice on a day to be fixed by the court, or to show cause on that day why he or she should not be attached for contempt of the court. The purchaser or assignee shall cause a written notice of the rule to be served upon the sheriff, special process server, or coroner. If good and sufficient cause to excuse the sheriff, special process server, or coroner is not shown, the court shall adjudge him or her guilty of a contempt, and shall proceed to punish him as in other cases of contempt. If the mobile home is located in a municipality in a county with less than 3,000,000 inhabitants, the purchaser or his or her assignee shall also publish a notice as to the owner or party interested, in some newspaper published in the municipality. If the mobile home is not in a municipality in a county with less than 3,000,000 inhabitants, or if no newspaper is published therein, or if the mobile home is in a county with 3,000,000 or more inhabitants, the notice shall be published in some newspaper in the county. If no newspaper is published in the county, then the notice shall be published in the newspaper that is published nearest the county seat of the county in which the mobile home is located. If the owners and parties interested in the mobile home upon diligent inquiry are unknown to the purchaser or his or her assignee, the publication as to such owner or party interested, may be made to unknown owners or parties interested. Any notice by publication given under this Section shall be given 3 times at any time after filing a petition for tax certificate of title, but not less than 3 months nor more than 5 months prior to the expiration of the period of redemption. The publication shall contain (a) notice of the filing of the petition for tax certificate of title, (b) the date on which the petitioner intends to make application for an order on the petition that a tax certificate of title issue, (c) a description of the mobile home, (d) the date upon which the mobile home was sold, (e) the taxes for which it was sold and (f) the date on which the period of redemption will expire. The publication shall not include more than one mobile home listed and sold in one description, except as provided in Section 35, and except that when more than one mobile home is owned by one person, all of the mobile homes owned by that person may be included in one notice. Section 385. Mailed notice. In addition to the notice required to
107 [April 4, 2001] be served not less than 3 months nor more than 5 months prior to the expiration of the period of redemption, the purchaser or his or her assignee shall prepare and deliver to the clerk of the circuit court of the county in which the mobile home is located, the notice provided for in this Section, together with the statutory costs for mailing the notice by certified mail, return receipt requested. The form of notice to be mailed by the clerk shall be identical in form to that provided by Section 370 for service upon owners residing in the mobile home sold, except that it shall bear the signature of the clerk and shall designate the parties to whom it is to be mailed. The clerk may furnish the form. The clerk shall promptly mail the notices delivered to him or her by certified mail, return receipt requested. The certificate of the clerk that he or she has mailed the notices, together with the return receipts, shall be filed in and made a part of the court record. The notices shall be mailed to the owners of the mobile home at their last known addresses, and to those persons who are entitled to service of notice as occupants. Section 390. Petition for certificate of title. At any time within 5 months but not less than 3 months prior to the expiration of the redemption period for a mobile home sold pursuant to judgment and order of sale under Sections 55 through 65 or 200, the purchaser or his or her assignee may file a petition in the circuit court in the same proceeding in which the judgment and order of sale were entered, asking that the court direct the county clerk to issue a tax certificate of title if the mobile home is not redeemed from the sale. The petition shall be accompanied by the statutory filing fee. Notice of filing the petition and the date on which the petitioner intends to apply for an order on the petition that a certificate of title be issued if the mobile home is not redeemed shall be given to occupants, owners, and persons interested in the mobile home as part of the notice provided in Sections 370 through 385, except that only one publication is required. The county clerk shall be notified of the filing of the petition and any person owning or interested in the mobile home may, if he or she desires, appear in the proceeding. Section 395. Reimbursement of municipality before issuance of tax certificate of title. An order for the issuance of a tax certificate of title under this Act shall not be entered affecting the title to or interest in any mobile home in which a city, village, or incorporated town has an interest under the police and welfare power by advancements made from public funds, until the purchaser or assignee makes reimbursement to the city, village, or incorporated town of the money so advanced or the city, village, or town waives its lien on the mobile home for the money so advanced. However, in lieu of reimbursement or waiver, the purchaser or his or her assignee may make application for and the court shall order that the tax purchase be set aside as a sale in error. A filing or appearance fee shall not be required of a city, village, or incorporated town seeking to enforce its claim under this Section in a tax certificate of title proceeding. Section 400. Issuance of certificate of title; possession. (a) If the redemption period expires and the mobile home has not been redeemed and all taxes which became due and payable subsequent to the sale have been paid and all forfeitures and sales which occur subsequent to the sale have been redeemed and the notices required by law have been given and all advancements of public funds under the police power made by a city, village, or town under Section 395 have been paid and the petitioner has complied with all the provisions of law entitling him or her to a certificate of title, the court shall so find and shall enter an order directing the Secretary of State on the production of the certificate of purchase and a certified copy of the order, to issue to the purchaser or his or her assignee a tax certificate of title. The court shall insist on strict compliance with Section 370 through 385. Prior to the entry of an order directing the issuance of a tax certificate of title, the petitioner shall furnish the court with a report of proceedings of the evidence received on the application for tax certificate of title and the report of proceedings shall be filed and made a part of the court record.
[April 4, 2001] 108 (b) If taxes for years prior to the year sold remain delinquent at the time of the tax certificate of title hearing, those delinquent taxes may be merged into the tax certificate of title if the court determines that all other requirements for receiving an order directing the issuance of the tax certificate of title are fulfilled and makes a further determination under either paragraph (1) or (2). (1) Incomplete estimate. (A) The mobile home in question was purchased at an annual sale; and (B) the statement and estimate of forfeited taxes furnished by the county clerk pursuant to Section 175 failed to include all delinquent taxes as of the date of that estimate's issuance. (2) Vacating order. (A) The petitioner furnishes the court with a certified copy of an order vacating a prior sale for the subject mobile home; (B) the order vacating the sale was entered after the date of purchase for the subject taxes; (C) the sale in error was granted pursuant to paragraphs (1), (2), or (4) of subsection (b) of Section 255 or Section 395; and (D) the tax purchaser who received the sale in error has no affiliation, direct or indirect, with the petitioner in the present proceeding and that petitioner has signed an affidavit attesting to the lack of affiliation. If delinquent taxes are merged into the tax certificate of title pursuant to this subsection, a declaration to that effect shall be included in the order directing issuance of the tax certificate of title. Nothing contained in this Section shall relieve any owner liable for delinquent mobile home taxes under the Mobile Home Local Services Tax Act from the payment of the taxes that have been merged into the title upon issuance of the tax certificate of title. (c) Upon application the court shall, enter an order to place the tax certificate of title grantee in possession of the mobile home and may enter orders and grant relief as may be necessary or desirable to maintain the grantee in possession. Section 402. Mobile homes located in manufactured home community; requirements. The person who acquires a certificate of title under Section 400 for a mobile home located on a lot in a manufactured home community is liable for lot rent (at the prevailing rate) beginning on the day the certificate of title is issued and shall either (i) qualify for tenancy in the manufactured home community in accordance with the community's normal tenant qualification and screening procedures or (ii) remove the mobile home from the lot not later than 30 days after the date the certificate of title is issued. Section 405. Tax certificate of title incontestable unless order appealed or relief petitioned. Tax certificates of title issued under Section 395 are incontestable except by appeal from the order of the court directing the county clerk to issue the tax certificate of title. However, relief from such order may be had under Section 2-1401 of the Code of Civil Procedure in the same manner and to the same extent as may be had under that Section with respect to final orders and judgments in other proceedings. The grounds for relief under Section 2-1401 shall be limited to: (1) proof that the taxes were paid prior to sale; (2) proof that the mobile home was exempt from taxation; (3) proof by clear and convincing evidence that the tax certificate of title had been procured by fraud or deception by the tax purchaser or his or her assignee; or (4) proof by a person or party holding a recorded ownership or other recorded interest in the mobile home that he or she was not named as a party in the publication notice as set forth in Section 380, and that the tax purchaser or his or her assignee did not make a diligent inquiry and effort to serve that person or party with the notices required by Sections 370 through 390.
109 [April 4, 2001] In cases of the sale of a mobile home in counties with 3,000,000 or more inhabitants, a tax certificate of title may also be voided by the court upon petition, filed not more than 3 months after an order for tax certificate of title was entered, if the court finds that the mobile home was owner occupied on the expiration date of the period of redemption and that the order for certificate of title was effectuated pursuant to a negligent or willful error made by an employee of the county clerk or county collector during the period of redemption from the sale that was reasonably relied upon to the detriment of any person having a redeemable interest. In such a case, the tax purchaser shall be entitled to the original amount required to redeem the mobile home plus interest from the sale as of the last date of redemption together with costs actually expended subsequent to the expiration of the period of redemption and reasonable attorney's fees, all of which shall be dispensed from the fund created by Section 235. In those cases of error where the court vacates the tax certificate of title, it may award the petitioner reasonable attorney's fees and court costs actually expended, payable from that fund. The court hearing a petition filed under this Section or Section 2-1401 of the Act of Civil Procedure may concurrently hear a petition filed under Section 235 and may grant relief under either Section. Section 410. Denial of certificate of title. If the court refuses to enter an order directing the Secretary of State to execute and deliver the tax certificate of title, because of the failure of the purchaser to fulfill any of the above provisions, and if the purchaser, or his or her assignee has made a bona fide attempt to comply with the statutory requirements for the issuance of the tax certificate of title, it shall order the return of the purchase price, and subsequent taxes and posted costs forthwith, as in case of sales in error, except that no interest shall be paid. Section 412. Tax certificate of titles to convey merchantable title. This Section shall be liberally construed so that tax certificate of titles shall convey merchantable title. Section 415. Form of certificate of title. A tax certificate of title executed by the Secretary of State vests in the grantee the certificate of title of the mobile home therein described without further acknowledgment or evidence of the conveyance. The conveyance shall be substantially in the following form: At a public sale of mobile homes for the nonpayment of taxes, held in the .... County, on (insert date), the following described mobile home was sold: (here place description of mobile home conveyed). The mobile home not having been redeemed from the sale, and it appearing that the holder of the certificate of purchase of the mobile home has complied with the laws of the State of Illinois necessary to entitle (insert him, her or them) to a certificate of title of the mobile home: I ...., (Secretary of State official) ...., in consideration of the mobile home and by virtue of the statutes of the State of Illinois in such cases provided, issue a certificate of title to .... for the mobile home described above. Dated (insert date). Signature of .................... (Secretary of State) Section 420. Certificate of title; prima facie evidence of regularity of sale. (a) As to the mobile home conveyed therein, tax certificates of title executed by the Secretary of State are prima facie evidence of the following facts in all controversies and suits in relation to the rights of the tax certificate of title grantee and his or her heirs or assigns: (1) the mobile home conveyed was subject to taxation at the time the tax was charged and was listed and charged in the time and manner required by law; (2) the taxes were not paid at any time before the sale; (3) the mobile home was advertised for sale in the manner and for the length of time required by law; (4) the mobile home was sold for taxes as stated in the
[April 4, 2001] 110 certificate of title; (5) the sale was conducted in the manner required by law; (6) the mobile home conveyed was not redeemed from the sale within the time permitted by law; (7) the grantee in the certificate of title was the purchaser or assignee of the purchaser. (b) Any order for the sale of a mobile home for delinquent taxes, except as otherwise provided in this Section, shall estop all parties from raising any objections to the order or to a tax certificate of title based thereon, which existed at or before the rendition of the order, and which could have been presented as a defense to the application for the order. The order itself is conclusive evidence of its regularity and validity in all collateral proceedings, except in cases where the tax was paid prior to the sale or the mobile home was exempt from taxes. Section 425. Order of court setting aside tax certificate of title; payments to holder of certificate of title. (a) Any order of court vacating an order directing the Secretary of State to issue a tax certificate of title based upon a finding that the mobile home was not subject to taxation, or that the taxes had been paid prior to the sale of the mobile home, or that the tax sale was otherwise void, shall declare the tax sale to be a sale in error pursuant to Section 255 of this Act. The order shall direct the county collector to refund to the tax certificate of title grantee or his or her successors and assigns (or, if a tax certificate of title has not yet issued, the holder of the certificate of purchase) the following amounts: (1) all taxes purchased, paid, or redeemed by the tax purchaser or his or her assignee, or by the tax certificate of title grantee or his or her successors and assigns, whether before or after entry of the order for tax certificate of title, with interest at the rate of 1% per month from the date each amount was paid until the date of payment pursuant to this Section; (2) all costs paid and posted to the judgment record and not included in paragraph (1) of this subsection (a); and (3) court reporter fees for the hearing on the application for tax certificate of title and transcript thereof, cost of certification of tax certificate of title order, cost of issuance of tax certificate of title, and cost of transferring certificate of title to the tax purchaser. (b) Except in those cases described in subsection (a) of this Section, and unless the court on motion of the tax certificate of title petitioner extends the redemption period to a date not later than 3 years from the date of sale, any order of court finding that an order directing the Secretary of State to issue a tax certificate of title should be vacated shall direct the party who successfully contested the entry of the order to pay to the tax certificate of title grantee or his or her successors and assigns (or, if a tax certificate of title has not yet issued, the holder of the certificate) within 90 days after the date of the finding: (1) the amount necessary to redeem the mobile home from the sale as of the last day of the period of redemption, except that, if the sale is a scavenger sale pursuant to Section 200 of this Act, the redemption amount shall not include an amount equal to all delinquent taxes on such mobile home which taxes were delinquent at the time of sale; and (2) amounts in satisfaction of municipal liens paid by the tax purchaser or his or her assignee, and the amounts specified in paragraphs (1) and (3) of subsection (a) of this Section, to the extent the amounts are not included in paragraph (1) of this subsection (b). If the payment is not made within the 90-day period, the petition to vacate the order directing the Secretary of State to issue a tax certificate of title shall be denied with prejudice, and the order directing the Secretary of State to issue a tax certificate of title shall remain in full force and effect. No final order vacating any
111 [April 4, 2001] order directing the Secretary of State to issue a tax certificate of title shall be entered pursuant to this subsection (b) until the payment has been made. Section 430. Failure to timely transfer certificate of title; tax certificate of title is void. Unless the holder of the certificate purchased at any tax sale under this Act transfers the certificate of title within one year from and after the time for redemption expires, the certificate of purchase or order for tax certificate of title, and the sale on which it is based, shall, after the expiration of the one year period, be absolutely void with no right to reimbursement. If the holder of the certificate of purchase is prevented from obtaining a certificate of title by injunction or order of any court, or by the refusal or inability of any court to act upon the application for a tax certificate of title, or by the refusal of the Secretary of State to execute the same certificate of title, the time he or she is so prevented shall be excluded from computation of the one year period. Certificates of purchase and orders for tax certificates of title executed by the court shall recite the qualifications required in this Section. Division 900. Amendatory provisions Section 905. The Mobile Home Local Services Tax Act is amended by changing Sections 6, 8, 9, and 10.1 as follows: (35 ILCS 515/6) (from Ch. 120, par. 1206) Sec. 6. Computation, certification, and distribution of tax. Except as otherwise provided in this Section, within 60 days of receipt of each registration form, the county clerk or, in counties in which a county assessor is elected pursuant to Section 3-45 of the Property Tax Code, the county assessor shall compute the tax due, as provided in Section 3, and certify the tax to the county treasurer who shall mail the tax bill to the owner of such mobile home at the time he receives the certification or on the annual billing date, whichever occurs later. If the registration form is accompanied by a receipt for privilege taxes paid in Illinois for the current tax year, no further privilege tax shall be imposed for the remainder of the current tax year. If the mobile home is initially harbored after the annual liability date, as provided in Section 3 of this Act, the county clerk or county assessor shall reduce such tax 1/12 for each month that has passed since such annual liability date. A mobile home harbored after the first day of such month shall be considered to have been harbored for the entire month for the purposes of this Section. Thereafter, for taxable years prior to taxable year 2002, except for the year 1976, the county clerk or county assessor shall compute such tax as of the first day of June of each year and certify the tax to the county treasurer. For taxable year 2002 and thereafter, the county clerk or county assessor shall compute the tax as of the first day of March of each year and certify the tax to the county treasurer. Such tax shall be due and payable to the county treasurer within 60 days after the treasurer mails the tax bill to the address of record. The county treasurer shall distribute such taxes to the local taxing districts within the boundaries of which such mobile homes are located, in the same proportion as the property taxes collectible for each such taxing district in the prior year. In order to effect the change of the annual billing date and the date of liability, provided for by this amendatory Act of 1975, the county clerk shall compute such tax as of July 1, 1976, for the 1/2 year period from July 1, 1976, through December 31, 1976, at 1/2 the amount of the annual tax. The tax for such period shall be certified, billed, collected and distributed in the same manner as is provided in this Section as taxes for a full year, and shall be subject to a proportionate reduction if the mobile home is initially harbored after July 1, 1976 and before January 1, 1977. (Source: P.A. 88-670, eff. 12-2-94.) (35 ILCS 515/8) (from Ch. 120, par. 1208) Sec. 8. Failure to pay tax; lien. If any local services tax imposed by this Act is not paid when due, the county treasurer of the county in which the mobile home is located shall have a lien on the
[April 4, 2001] 112 mobile home for the amount of the tax, addition to the tax, penalty and interest due. The treasurer shall notify the taxpayer in writing of the existence of the lien. Such lien shall terminate (i) unless the county treasurer files with the county recorder of the county in which the mobile home is located a notice of lien
113 [April 4, 2001] proof of the transfer, and his application for a new certificate in the form the Secretary of State prescribes. It shall be unlawful for any person having possession of a certificate of title for a motor vehicle, semi-trailer, or house car by reason of his having a lien or encumbrance on such vehicle, to fail or refuse to deliver such certificate to the owner, upon the satisfaction or discharge of the lien or encumbrance, indicated upon such certificate of title. (b) If the interest of an owner in a vehicle passes to another under the provisions of the Small Estates provisions of the Probate Act of 1975 the transferee shall promptly mail or deliver to the Secretary of State, within 120 days, the last certificate of title, if available, the documentation required under the provisions of the Probate Act of 1975, and an application for certificate of title. The Small Estate Affidavit form shall be furnished by the Secretary of State. The transfer may be to the transferee or to the nominee of the transferee. (c) If the interest of an owner in a vehicle passes to another under other provisions of the Probate Act of 1975, as amended, and the transfer is made by a representative or guardian, such transferee shall promptly mail or deliver to the Secretary of State, the last certificate of title, if available, and a certified copy of the letters of office or guardianship, and an application for certificate of title. Such application shall be made before the estate is closed. The transfer may be to the transferee or to the nominee of the transferee. (d) If the interest of an owner in joint tenancy passes to the other joint tenant with survivorship rights as provided by law, the transferee shall promptly mail or deliver to the Secretary of State, the last certificate of title, if available, proof of death of the one joint tenant and survivorship of the surviving joint tenant, and an application for certificate of title. Such application shall be made within 120 days after the death of the joint tenant. The transfer may be to the transferee or to the nominee of the transferee. (e) The Secretary of State shall transfer a decedent's vehicle title to any legatee, representative or heir of the decedent who submits to the Secretary a death certificate and an affidavit by an attorney at law on the letterhead stationery of the attorney at law stating the facts of the transfer. (f) Repossession with assignment of title. In all cases wherein a lienholder has repossessed a vehicle by other than judicial process and holds it for resale under a security agreement, and the owner of record has executed an assignment of the existing certificate of title after default, the lienholder may proceed to sell or otherwise dispose of the vehicle as authorized under the Uniform Commercial Code. Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee the existing certificate of title for the repossessed vehicle, reflecting the release of the lienholder's security interest in the vehicle. The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle.
[April 4, 2001] 114 (f-5) Repossession without assignment of title. In all cases wherein a lienholder has repossessed a vehicle by other than judicial process and holds it for resale under a security agreement, and the owner of record has not executed an assignment of the existing certificate of title, the lienholder shall comply with the following provisions: (1) Prior to sale, the lienholder shall deliver or mail to the owner at the owner's last known address and to any other lienholder of record, a notice of redemption setting forth the following information: (i) the name of the owner of record and in bold type at or near the top of the notice a statement that the owner's vehicle was repossessed on a specified date for failure to make payments on the loan (or other reason), (ii) a description of the vehicle subject to the lien sufficient to identify it, (iii) the right of the owner to redeem the vehicle, (iv) the lienholder's intent to sell or otherwise dispose of the vehicle after the expiration of 21 days from the date of mailing or delivery of the notice, and (v) the name, address, and telephone number of the lienholder from whom information may be obtained concerning the amount due to redeem the vehicle and from whom the vehicle may be redeemed under Section 9-506 of the Uniform Commercial Code. At the lienholder's option, the information required to be set forth in this notice of redemption may be made a part of or accompany the notification of sale or other disposition required under subsection (3) of Section 9-504 of the Uniform Commercial Code, but none of the information required by this notice shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code. (2) With respect to the repossession of a vehicle used primarily for personal, family, or household purposes, the lienholder shall also deliver or mail to the owner at the owner's last known address an affidavit of defense. The affidavit of defense shall accompany the notice of redemption required in subdivision (f-5)(1) of this Section. The affidavit of defense shall (i) identify the lienholder, owner, and the vehicle; (ii) provide space for the owner to state the defense claimed by the owner; and (iii) include an acknowledgment by the owner that the owner may be liable to the lienholder for fees, charges, and costs incurred by the lienholder in establishing the insufficiency or invalidity of the owner's defense. To stop the transfer of title, the affidavit of defense must be received by the lienholder no later than 21 days after the date of mailing or delivery of the notice required in subdivision (f-5)(1) of this Section. If the lienholder receives the affidavit from the owner in a timely manner, the lienholder must apply to a court of competent jurisdiction to determine if the lienholder is entitled to possession of the vehicle. (3) Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee (i) the existing certificate of title for the repossessed vehicle, reflecting the release of the lienholder's security interest in the vehicle; and (ii) an affidavit of repossession made by or on behalf of the lienholder which provides the following information: that the vehicle was repossessed, a description of the vehicle sufficient to identify it, whether the vehicle has been damaged in excess of 33 1/3% of its fair market value as required under subdivision (b)(3) of Section 3-117.1, that the owner and any other lienholder of record were given the notice required in subdivision (f-5)(1) of this Section, that the owner of record was given the affidavit of defense required in subdivision (f-5)(2) of this Section, that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement, and the purchaser's name and address. If the vehicle is damaged in excess of 33 1/3% of its fair market value, the lienholder shall make application for a salvage
115 [April 4, 2001] certificate under Section 3-117.1 and transfer the vehicle to a person eligible to receive assignments of salvage certificates identified in Section 3-118. (4) The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the affidavit of repossession furnished by the lienholder and the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to execute the assignment on behalf of the owner as seller if the owner has not done so and to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. In the event the lienholder does not hold the certificate of title for the repossessed vehicle, the lienholder shall make application for and may obtain a new certificate of title in the name of the lienholder upon furnishing information satisfactory to the Secretary of State. Upon receiving the new certificate of title, the lienholder may proceed with the sale described in subdivision (f-5)(3), except that upon selling the vehicle the lienholder shall promptly and within 20 days mail or deliver to the purchaser the new certificate of title reflecting the assignment and transfer of title to the purchaser. (5) Neither the lienholder nor the owner shall file with the Office of the Secretary of State the notice of redemption or affidavit of defense described in subdivisions (f-5)(1) and (f-5)(2) of this Section. The Office of the Secretary of State shall not determine the merits of an owner's affidavit of defense, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted defenses to the repossession action. (f-7) Notice of reinstatement in certain cases. (1) If, at the time of repossession by a lienholder that is seeking to transfer title pursuant to subsection (f-5), the owner has paid an amount equal to 30% or more of the deferred payment price or total of payments due, the owner may, within 21 days of the date of repossession, reinstate the contract or loan agreement and recover the vehicle from the lienholder by tendering in a lump sum (i) the total of all unpaid amounts, including any unpaid delinquency or deferral charges due at the date of reinstatement, without acceleration; and (ii) performance necessary to cure any default other than nonpayment of the amounts due; and (iii) all reasonable costs and fees incurred by the lienholder in retaking, holding, and preparing the vehicle for disposition and in arranging for the sale of the vehicle. Reasonable costs and fees incurred by the lienholder include without limitation repossession and storage expenses and, if authorized by the contract or loan agreement, reasonable attorneys' fees and collection agency charges. (2) Tender of payment and performance pursuant to this limited right of reinstatement restores to the owner his rights under the contract or loan agreement as though no default had occurred. The owner has the right to reinstate the contract or loan agreement and recover the vehicle from the lienholder only once under this subsection. The lienholder may, in the lienholder's sole discretion, extend the period during which the
[April 4, 2001] 116 owner may reinstate the contract or loan agreement and recover the vehicle beyond the 21 days allowed under this subsection, and the extension shall not subject the lienholder to liability to the owner under the laws of this State. (3) The lienholder shall deliver or mail written notice to the owner at the owner's last known address, within 3 business days of the date of repossession, of the owner's right to reinstate the contract or loan agreement and recover the vehicle pursuant to the limited right of reinstatement described in this subsection. At the lienholder's option, the information required to be set forth in this notice of reinstatement may be made part of or accompany the notice of redemption required in subdivision (f-5)(1) of this Section and the notification of sale or other disposition required under subsection (3) of Section 9-504 of the Uniform Commercial Code, but none of the information required by this notice of reinstatement shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code. (4) The reinstatement period, if applicable, and the redemption period described in subdivision (f-5)(1) of this Section, shall run concurrently if the information required to be set forth in the notice of reinstatement is part of or accompanies the notice of redemption. In any event, the 21 day redemption period described in subdivision (f-5)(1) of this Section shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of redemption, and the 21 day reinstatement period described in this subdivision, if applicable, shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of reinstatement. (5) The Office of the Secretary of State shall not determine the merits of an owner's claim of right to reinstatement, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted right to reinstatement. Where a lienholder is subject to licensing and regulatory supervision by the State of Illinois, the lienholder shall be subject to all of the powers and authority of the lienholder's primary State regulator to enforce compliance with the procedures set forth in this subsection (f-7). (f-10) Repossession by judicial process. In all cases wherein a lienholder has repossessed a vehicle by judicial process and holds it for resale under a security agreement, order for replevin, or other court order establishing the lienholder's right to possession of the vehicle, the lienholder may proceed to sell or otherwise dispose of the vehicle as authorized under the Uniform Commercial Code or the court order. Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee (i) the existing certificate of title for the repossessed vehicle reflecting the release of the lienholder's security interest in the vehicle; (ii) a certified copy of the court order; and (iii) a bill of sale identifying the new owner's name and address and the year, make, model, and vehicle identification number of the vehicle. The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the certified copy of the court order furnished by the lienholder and the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to execute the assignment on behalf of the owner as seller if the owner has not done so and to complete and execute the space reserved in the certificate of title for a dealer
117 [April 4, 2001] reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. In the event the lienholder does not hold the certificate of title for the repossessed vehicle, the lienholder shall make application for and may obtain a new certificate of title in the name of the lienholder upon furnishing information satisfactory to the Secretary of State. Upon receiving the new certificate of title, the lienholder may proceed with the sale described in this subsection, except that upon selling the vehicle the lienholder shall promptly and within 20 days mail or deliver to the purchaser the new certificate of title reflecting the assignment and transfer of title to the purchaser. (f-15) The Secretary of State shall not issue a certificate of title to a purchaser under subsection (f), (f-5), or (f-10) of this Section, unless the person from whom the vehicle has been repossessed by the lienholder is shown to be the last registered owner of the motor vehicle. The Secretary of State may provide by rule for the standards to be followed by a lienholder in assigning and transferring certificates of title with respect to repossessed vehicles. (f-20) If applying for a salvage certificate or a junking certificate, the lienholder shall within 20 days make an application to the Secretary of State for a salvage certificate or a junking certificate, as set forth in this Code. The Secretary of State shall not issue a salvage certificate or a junking certificate to such lienholder unless the person from whom such vehicle has been repossessed is shown to be the last registered owner of such motor vehicle and such lienholder establishes to the satisfaction of the Secretary of State that he is entitled to such salvage certificate or junking certificate. The Secretary of State may provide by rule for the standards to be followed by a lienholder in order to obtain a salvage certificate or junking certificate for a repossessed vehicle. (g) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate, within 20 days upon request of the Secretary of State. The delivery of the certificate pursuant to the request of the Secretary of State does not affect the rights of the person surrendering the certificate, and the action of the Secretary of State in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate. (h) The Secretary of State may decline to process any application for a transfer of an interest in a vehicle hereunder if any fees or taxes due under this Act from the transferor or the transferee have not been paid upon reasonable notice and demand. (i) The Secretary of State shall not be held civilly or criminally liable to any person because any purported transferor may not have had the power or authority to make a transfer of any interest in any vehicle or because a certificate of title issued in error is subsequently used to commit a fraudulent act. (Source: P.A. 90-212, eff. 1-1-98; 90-665, eff. 1-1-99.) (Text of Section after amendment by P.A. 91-893) Sec. 3-114. Transfer by operation of law. (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in paragraph (b), promptly mail or deliver within 20 days to the Secretary of State the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the Secretary of State prescribes. It shall be unlawful for any person having possession of a certificate of title for a motor vehicle, semi-trailer, or house car by reason of his having a lien or encumbrance on such vehicle, to fail or refuse to deliver such certificate to the owner, upon the satisfaction or discharge of the
[April 4, 2001] 118 lien or encumbrance, indicated upon such certificate of title. (b) If the interest of an owner in a vehicle passes to another under the provisions of the Small Estates provisions of the Probate Act of 1975 the transferee shall promptly mail or deliver to the Secretary of State, within 120 days, the last certificate of title, if available, the documentation required under the provisions of the Probate Act of 1975, and an application for certificate of title. The Small Estate Affidavit form shall be furnished by the Secretary of State. The transfer may be to the transferee or to the nominee of the transferee. (c) If the interest of an owner in a vehicle passes to another under other provisions of the Probate Act of 1975, as amended, and the transfer is made by a representative or guardian, such transferee shall promptly mail or deliver to the Secretary of State, the last certificate of title, if available, and a certified copy of the letters of office or guardianship, and an application for certificate of title. Such application shall be made before the estate is closed. The transfer may be to the transferee or to the nominee of the transferee. (d) If the interest of an owner in joint tenancy passes to the other joint tenant with survivorship rights as provided by law, the transferee shall promptly mail or deliver to the Secretary of State, the last certificate of title, if available, proof of death of the one joint tenant and survivorship of the surviving joint tenant, and an application for certificate of title. Such application shall be made within 120 days after the death of the joint tenant. The transfer may be to the transferee or to the nominee of the transferee. (e) The Secretary of State shall transfer a decedent's vehicle title to any legatee, representative or heir of the decedent who submits to the Secretary a death certificate and an affidavit by an attorney at law on the letterhead stationery of the attorney at law stating the facts of the transfer. (f) Repossession with assignment of title. In all cases wherein a lienholder has repossessed a vehicle by other than judicial process and holds it for resale under a security agreement, and the owner of record has executed an assignment of the existing certificate of title after default, the lienholder may proceed to sell or otherwise dispose of the vehicle as authorized under the Uniform Commercial Code. Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee the existing certificate of title for the repossessed vehicle, reflecting the release of the lienholder's security interest in the vehicle. The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. (f-5) Repossession without assignment of title. In all cases wherein a lienholder has repossessed a vehicle by other than judicial process and holds it for resale under a security agreement, and the owner of record has not executed an assignment of the existing certificate of title, the lienholder shall comply with the following provisions:
119 [April 4, 2001] (1) Prior to sale, the lienholder shall deliver or mail to the owner at the owner's last known address and to any other lienholder of record, a notice of redemption setting forth the following information: (i) the name of the owner of record and in bold type at or near the top of the notice a statement that the owner's vehicle was repossessed on a specified date for failure to make payments on the loan (or other reason), (ii) a description of the vehicle subject to the lien sufficient to identify it, (iii) the right of the owner to redeem the vehicle, (iv) the lienholder's intent to sell or otherwise dispose of the vehicle after the expiration of 21 days from the date of mailing or delivery of the notice, and (v) the name, address, and telephone number of the lienholder from whom information may be obtained concerning the amount due to redeem the vehicle and from whom the vehicle may be redeemed under Section 9-623 of the Uniform Commercial Code. At the lienholder's option, the information required to be set forth in this notice of redemption may be made a part of or accompany the notification of sale or other disposition required under Section 9-611 of the Uniform Commercial Code, but none of the information required by this notice shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code. (2) With respect to the repossession of a vehicle used primarily for personal, family, or household purposes, the lienholder shall also deliver or mail to the owner at the owner's last known address an affidavit of defense. The affidavit of defense shall accompany the notice of redemption required in subdivision (f-5)(1) of this Section. The affidavit of defense shall (i) identify the lienholder, owner, and the vehicle; (ii) provide space for the owner to state the defense claimed by the owner; and (iii) include an acknowledgment by the owner that the owner may be liable to the lienholder for fees, charges, and costs incurred by the lienholder in establishing the insufficiency or invalidity of the owner's defense. To stop the transfer of title, the affidavit of defense must be received by the lienholder no later than 21 days after the date of mailing or delivery of the notice required in subdivision (f-5)(1) of this Section. If the lienholder receives the affidavit from the owner in a timely manner, the lienholder must apply to a court of competent jurisdiction to determine if the lienholder is entitled to possession of the vehicle. (3) Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee (i) the existing certificate of title for the repossessed vehicle, reflecting the release of the lienholder's security interest in the vehicle; and (ii) an affidavit of repossession made by or on behalf of the lienholder which provides the following information: that the vehicle was repossessed, a description of the vehicle sufficient to identify it, whether the vehicle has been damaged in excess of 33 1/3% of its fair market value as required under subdivision (b)(3) of Section 3-117.1, that the owner and any other lienholder of record were given the notice required in subdivision (f-5)(1) of this Section, that the owner of record was given the affidavit of defense required in subdivision (f-5)(2) of this Section, that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement, and the purchaser's name and address. If the vehicle is damaged in excess of 33 1/3% of its fair market value, the lienholder shall make application for a salvage certificate under Section 3-117.1 and transfer the vehicle to a person eligible to receive assignments of salvage certificates identified in Section 3-118. (4) The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the affidavit of repossession furnished by the lienholder and the existing certificate of title for the
[April 4, 2001] 120 repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to execute the assignment on behalf of the owner as seller if the owner has not done so and to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. In the event the lienholder does not hold the certificate of title for the repossessed vehicle, the lienholder shall make application for and may obtain a new certificate of title in the name of the lienholder upon furnishing information satisfactory to the Secretary of State. Upon receiving the new certificate of title, the lienholder may proceed with the sale described in subdivision (f-5)(3), except that upon selling the vehicle the lienholder shall promptly and within 20 days mail or deliver to the purchaser the new certificate of title reflecting the assignment and transfer of title to the purchaser. (5) Neither the lienholder nor the owner shall file with the Office of the Secretary of State the notice of redemption or affidavit of defense described in subdivisions (f-5)(1) and (f-5)(2) of this Section. The Office of the Secretary of State shall not determine the merits of an owner's affidavit of defense, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted defenses to the repossession action. (f-7) Notice of reinstatement in certain cases. (1) If, at the time of repossession by a lienholder that is seeking to transfer title pursuant to subsection (f-5), the owner has paid an amount equal to 30% or more of the deferred payment price or total of payments due, the owner may, within 21 days of the date of repossession, reinstate the contract or loan agreement and recover the vehicle from the lienholder by tendering in a lump sum (i) the total of all unpaid amounts, including any unpaid delinquency or deferral charges due at the date of reinstatement, without acceleration; and (ii) performance necessary to cure any default other than nonpayment of the amounts due; and (iii) all reasonable costs and fees incurred by the lienholder in retaking, holding, and preparing the vehicle for disposition and in arranging for the sale of the vehicle. Reasonable costs and fees incurred by the lienholder include without limitation repossession and storage expenses and, if authorized by the contract or loan agreement, reasonable attorneys' fees and collection agency charges. (2) Tender of payment and performance pursuant to this limited right of reinstatement restores to the owner his rights under the contract or loan agreement as though no default had occurred. The owner has the right to reinstate the contract or loan agreement and recover the vehicle from the lienholder only once under this subsection. The lienholder may, in the lienholder's sole discretion, extend the period during which the owner may reinstate the contract or loan agreement and recover the vehicle beyond the 21 days allowed under this subsection, and the extension shall not subject the lienholder to liability to the owner under the laws of this State. (3) The lienholder shall deliver or mail written notice to the owner at the owner's last known address, within 3 business days of the date of repossession, of the owner's right to reinstate the
121 [April 4, 2001] contract or loan agreement and recover the vehicle pursuant to the limited right of reinstatement described in this subsection. At the lienholder's option, the information required to be set forth in this notice of reinstatement may be made part of or accompany the notice of redemption required in subdivision (f-5)(1) of this Section and the notification of sale or other disposition required under Section 9-611 of the Uniform Commercial Code, but none of the information required by this notice of reinstatement shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code. (4) The reinstatement period, if applicable, and the redemption period described in subdivision (f-5)(1) of this Section, shall run concurrently if the information required to be set forth in the notice of reinstatement is part of or accompanies the notice of redemption. In any event, the 21 day redemption period described in subdivision (f-5)(1) of this Section shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of redemption, and the 21 day reinstatement period described in this subdivision, if applicable, shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of reinstatement. (5) The Office of the Secretary of State shall not determine the merits of an owner's claim of right to reinstatement, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted right to reinstatement. Where a lienholder is subject to licensing and regulatory supervision by the State of Illinois, the lienholder shall be subject to all of the powers and authority of the lienholder's primary State regulator to enforce compliance with the procedures set forth in this subsection (f-7). (f-10) Repossession by judicial process. In all cases wherein a lienholder has repossessed a vehicle by judicial process and holds it for resale under a security agreement, order for replevin, or other court order establishing the lienholder's right to possession of the vehicle, the lienholder may proceed to sell or otherwise dispose of the vehicle as authorized under the Uniform Commercial Code or the court order. Upon selling the vehicle to another person, the lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee (i) the existing certificate of title for the repossessed vehicle reflecting the release of the lienholder's security interest in the vehicle; (ii) a certified copy of the court order; and (iii) a bill of sale identifying the new owner's name and address and the year, make, model, and vehicle identification number of the vehicle. The application for a certificate of title made by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the certified copy of the court order furnished by the lienholder and the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to execute the assignment on behalf of the owner as seller if the owner has not done so and to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. In the event the lienholder does
[April 4, 2001] 122 not hold the certificate of title for the repossessed vehicle, the lienholder shall make application for and may obtain a new certificate of title in the name of the lienholder upon furnishing information satisfactory to the Secretary of State. Upon receiving the new certificate of title, the lienholder may proceed with the sale described in this subsection, except that upon selling the vehicle the lienholder shall promptly and within 20 days mail or deliver to the purchaser the new certificate of title reflecting the assignment and transfer of title to the purchaser. (f-15) The Secretary of State shall not issue a certificate of title to a purchaser under subsection (f), (f-5), or (f-10) of this Section, unless the person from whom the vehicle has been repossessed by the lienholder is shown to be the last registered owner of the motor vehicle. The Secretary of State may provide by rule for the standards to be followed by a lienholder in assigning and transferring certificates of title with respect to repossessed vehicles. (f-20) If applying for a salvage certificate or a junking certificate, the lienholder shall within 20 days make an application to the Secretary of State for a salvage certificate or a junking certificate, as set forth in this Code. The Secretary of State shall not issue a salvage certificate or a junking certificate to such lienholder unless the person from whom such vehicle has been repossessed is shown to be the last registered owner of such motor vehicle and such lienholder establishes to the satisfaction of the Secretary of State that he is entitled to such salvage certificate or junking certificate. The Secretary of State may provide by rule for the standards to be followed by a lienholder in order to obtain a salvage certificate or junking certificate for a repossessed vehicle. (f-25) If the interest of an owner in a mobile home, as defined in the Mobile Home Local Services Tax Act, passes to another under the provisions of the Mobile Home Local Services Tax Enforcement Act, the transferee shall promptly mail or deliver to the Secretary of State (i) the last certificate of title, if available, (ii) a certified copy of the court order ordering the transfer of title, and (iii) an application for certificate of title. (g) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate, within 20 days upon request of the Secretary of State. The delivery of the certificate pursuant to the request of the Secretary of State does not affect the rights of the person surrendering the certificate, and the action of the Secretary of State in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate. (h) The Secretary of State may decline to process any application for a transfer of an interest in a vehicle hereunder if any fees or taxes due under this Act from the transferor or the transferee have not been paid upon reasonable notice and demand. (i) The Secretary of State shall not be held civilly or criminally liable to any person because any purported transferor may not have had the power or authority to make a transfer of any interest in any vehicle or because a certificate of title issued in error is subsequently used to commit a fraudulent act. (Source: P.A. 90-212, eff. 1-1-98; 90-665, eff. 1-1-99; 91-893, eff. 7-1-01.) Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Division 999. Effective date Section 999. Effective date. This Act takes effect on January 1, 2002.". The motion prevailed and the amendment was adopted and ordered
123 [April 4, 2001] 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 1814. Having been recalled on April 2, 2001, and held on the order of Second Reading, the same was again taken up. Representative Wait offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 1814 AMENDMENT NO. 2. Amend House Bill 1814, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 9, by replacing lines 16 through 18 with the following: "for any portion that is offset. The Comptroller shall provide notice as provided in Section 10.05 of the State Comptroller Act.". AMENDMENT NO. 3 TO HOUSE BILL 1814 AMENDMENT NO. 3. Amend House Bill 1814, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 8, line 10, by changing "(b), (c), or (d)" to "(b) or (c)". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 2 and 3 were ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2138. 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 2138 AMENDMENT NO. 1. Amend House Bill 2138 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Underground Utility Facilities Damage Prevention Act is amended by changing Sections 2, 2.2, 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections 2.6 and 2.7 as follows: (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) Sec. 2. Definitions. As used in this Act, unless the context clearly otherwise requires, the terms specified in Sections 2.1 through 2.7
[April 4, 2001] 124 referred to as "CATS", as defined in the Illinois Municipal Code, as amended. (Source: P.A. 86-674.) (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3) Sec. 2.3. Excavation. "Excavation" means any operation in which earth, rock, or other material in or on the ground is moved, removed, or otherwise displaced by means of any tools, power equipment or explosives, and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunneling, scraping, cable or pipe plowing, and driving but does not include farm tillage operations or railroad right-of-way maintenance or operations or coal mining operations regulated under the Federal Surface Mining Control and Reclamation Act of 1977 or any State law or rules or regulations adopted under the federal statute, or land surveying operations as defined in the Illinois Professional Land Surveyor Act of 1989 when not using power equipment. (Source: P.A. 86-674; 86-1195; 87-125.) (220 ILCS 50/2.6 new) Sec. 2.6. Emergency locate request. "Emergency locate request" means a locate request for any condition constituting a clear and present danger to life, health, or property, or a utility service outage, and which requires immediate repair or action. (220 ILCS 50/2.7 new) Sec. 2.7. Tolerance zone. "Tolerance zone" means the approximate location of underground utility facilities or CATS facilities defined as a strip of land at least 3 feet wide, but not wider than the width of the underground facility or CATS facility plus 1-1/2 feet on either side of such facility. Excavation within the tolerance zone requires extra care and precaution including, but not limited to, as set forth in Section 4. (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604) Sec. 4. Required activities. Every person who engages in nonemergency excavation or demolition shall: (a) take reasonable action to inform himself of the location of any underground utility facilities or CATS facilities in and near the area for which such operation is to be conducted; (b) plan the excavation or demolition to avoid or minimize interference with underground utility facilities or CATS facilities within the tolerance zone by utilizing such precautions that include, but are not limited to, hand excavation, vacuum excavation methods, and visually inspecting the excavation while in progress until clear of the existing marked facility
125 [April 4, 2001] a person
[April 4, 2001] 126 an emergency for purposes of this Section. (Source: P.A. 86-674; 87-125.) (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607) Sec. 7. Damage or dislocation. In the event of any damage to or dislocation of any underground utility facilities or CATS facilities in connection with any excavation or demolition, emergency or nonemergency, the person responsible for the excavation or demolition operations shall immediately notify the affected utility and the State-Wide One-Call Notice System
127 [April 4, 2001] job conditions. Owners and operators of underground utility facilities and CATS facilities must reasonably anticipate seasonal fluctuations in the number of locate requests and staff accordingly.
[April 4, 2001] 128 Precaution Blue Sewer Systems......................... Safety Green Non-potable Water and Slurry Lines.... Safety Purple Temporary Survey...................... Safety Pink Proposed Excavation................... Safety White (Source: P.A. 86-674; 88-578 (effective date changed to 7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.) (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611) Sec. 11. Penalties; liability; fund. (a) Every person who, while engaging in excavation or demolition, wilfully fails to comply with the Act by failing to provide the notice to the owners or operators of the underground facilities or CATS facility near the excavation or demolition area through the State-Wide One-Call Notice System as required by Section 4 of this Act
129 [April 4, 2001] penalty
[April 4, 2001] 130 calendar year. In all such actions under this Section, the procedure and rules of evidence shall conform with the Code of Civil Procedure, and with rules of courts governing civil trials. (l) The Illinois Commerce Commission shall establish an Advisory Committee consisting of a representative from each of the following: utility operator, JULIE, excavator, municipality, and the general public. The Advisory Committee shall serve as a peer review panel for any contested penalties resulting from the enforcement of this Act. The members of the Advisory Committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of such Advisory Committee, unless the act or omission was the result of willful and wanton misconduct. (m) Any final order or decision of the Advisory Committee may be reviewed as provided in the Administrative Review Law and the rules adopted pursuant thereto.
131 [April 4, 2001] AMENDMENT NO. 4 TO HOUSE BILL 2138 AMENDMENT NO. 4. Amend House Bill 2138, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Underground Utility Facilities Damage Prevention Act is amended by changing Sections 2, 2.2, 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections 2.6, 2.7, and 2.8 as follows: (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) Sec. 2. Definitions. As used in this Act, unless the context clearly otherwise requires, the terms specified in Sections 2.1 through 2.8
[April 4, 2001] 132 (a) take reasonable action to inform himself of the location of any underground utility facilities or CATS facilities in and near the area for which such operation is to be conducted; (b) plan the excavation or demolition to avoid or minimize interference with underground utility facilities or CATS facilities within the tolerance zone by utilizing such precautions that include, but are not limited to, hand excavation, vacuum excavation methods, and visually inspecting the excavation while in progress until clear of the existing marked facility
133 [April 4, 2001] (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606) Sec. 6. Emergency excavation or demolition. (a) Every person who engages in emergency excavation or demolition outside of the boundaries of a municipality of at least one million persons which operates its own one-call notice system shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing underground utility facilities or CATS facilities in and near the excavation or demolition area, through the State-Wide One-Call Notice System, and shall notify, as far in advance as possible, the owners or operators of such underground utility facilities or CATS facilities in and near the emergency excavation or demolition area, through the State-Wide One-Call Notice System. At a minimum, the notice required under this subsection (a) shall provide: (1) the person's name, address, and (i) phone number at which a person can be reached and (ii) fax number; (2) the start date of the planned emergency excavation or demolition; (3) the address at which the excavation or demolition will take place; and (4) the type and extent of the work involved. A 2-hour wait time exists after an emergency locate notification request is made through the State-Wide One-Call Notice System. If the conditions at the site dictate an earlier start than the 2-hour wait time, it is the responsibility of the excavator to demonstrate that site conditions warranted this earlier start time. (b) Every person who engages in emergency excavation or demolition within the boundaries of a municipality of at least one million persons which operates its own one-call notice system shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing underground utility facilities or CATS facilities in and near the excavation or demolition area, through the municipality's one-call notice system, and shall notify, as far in advance as possible, the owners and operators of underground utility facilities or CATS facilities in and near the emergency excavation or demolition area, through the municipality's one-call notice system. (c) The reinstallation of traffic control devices shall be deemed an emergency for purposes of this Section. (Source: P.A. 86-674; 87-125.) (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607) Sec. 7. Damage or dislocation. In the event of any damage to or dislocation of any underground utility facilities or CATS facilities in connection with any excavation or demolition, emergency or nonemergency, the person responsible for the excavation or demolition operations shall immediately notify the affected utility and the State-Wide One-Call Notice System
[April 4, 2001] 134 (d) Any residential property owner who fails to comply with any provision of this Act and damages underground utility facilities or CATS facilities while engaging in excavation or demolition on such residential property shall not be subject to a penalty under this Act, but shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities. (Source: P.A. 86-674; 87-125.) (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610) Sec. 10. Record of notice; marking of facilities. Upon notice by the person engaged in excavation or demolition, the person owning or operating underground utility facilities or CATS facilities in or near the excavation or demolition area shall cause a written record to be made of the notice and shall mark, within 48 hours (excluding Saturdays, Sundays and holidays) of receipt of notice, the approximate locations of such facilities so as to enable the person excavating or demolishing to establish the location of the underground utility facilities or CATS facilities. All persons subject to the requirements of this Act shall plan and conduct their work consistent with reasonable business practices. Conditions may exist making it unreasonable to request that locations be marked within 48 hours. It is unreasonable to request owners and operators of underground utility facilities and CATS facilities to locate all of their facilities in an affected area upon short notice in advance of a large or extensive nonemergency project, or to request extensive locates in excess of a reasonable excavation or demolition work schedule, or to request locates under conditions where a repeat request is likely to be made because of the passage of time or adverse job conditions. Owners and operators of underground utility facilities and CATS facilities must reasonably anticipate seasonal fluctuations in the number of locate requests and staff accordingly.
135 [April 4, 2001] the notice to the State-Wide One-Call Notice System. A waiver made under this Section is not admissible as evidence in any criminal or civil action that may arise out of, or is in any way related to, the excavation or demolition that is the subject of the waiver. For the purposes of this Act, underground facility operators may utilize a combination of flags, stakes, and paint when possible on non-paved surfaces and when dig site and seasonal conditions warrant
[April 4, 2001] 136 provides notice to the owners or operators of the underground utility facilities or CATS facilities through the State-Wide One-Call Notice System as an emergency locate request and the locate request is not an emergency locate request as defined in Section 2.6 of this Act shall be subject to a penalty of up to $2,500 for each separate offense. (e) Owners and operators of underground utility facilities or CATS
137 [April 4, 2001]
[April 4, 2001] 138 endangers an excavator by willfully failing to respond to a locate request, the owner or operator of such facilities or the excavator or the State's Attorney or the Illinois Commerce Commission at the request of the owner or operator of such facilities or the excavator may commence an action
139 [April 4, 2001] AMENDMENT NO. 1 TO HOUSE BILL 2148 AMENDMENT NO. 1. Amend House Bill 2148 as follows: on page 1, by replacing line 5 with "by changing Sections 1, 2, 3, 8, 20, 29.5, and 30 and by adding"; and on page 2, line 1, before "plumbing", by inserting "registration of"; and on page 5, line 9, by replacing "licensed" with "registered"; and on page 8, line 24, by replacing "may" with "may
[April 4, 2001] 140 on page 16, line 23, after "license", by inserting "or registration"; and on page 16, line 25, after "licensee", by inserting "or registrant"; and on page 16, line 26, after "license", by inserting "or registration"; and on page 16, line 30, after "licensee", by inserting "or registrant"; and on page 16 line 32, by replacing "licensed" with "registered"; and on page 17, line 3, after "licensee", by inserting "or registrant"; and on page 17, line 5, after "licensee", by inserting "or registrant"; and on page 17, after line 8, by inserting the following: "(f) That the owner or officer of a registered plumbing contractor failed to maintain a valid plumbing license. (g) That the registered plumbing contractor used a plumbing license without the permission of the licensee."; and on page 17, after line 20, by inserting the following: "(225 ILCS 320/29.5) Sec. 29.5. Unlicensed and unregistered practice; violation; civil penalty. (a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, or as an irrigation contractor without being registered under this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee or registrant. (b) The Department has the authority and power to investigate any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, or as an irrigation contractor without being registered under this Act. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had on the judgment in the same manner as a judgment from a court of record. All fines and penalties collected by the Department under this Section of the Act and accrued interest shall be deposited into the Plumbing Licensure and Program Fund for use by the Department in performing activities relating to the administration and enforcement of this Act. (Source: P.A. 90-714, eff. 8-7-98; 91-678, eff. 1-26-00.) (225 ILCS 320/30) (from Ch. 111, par. 1129) Sec. 30. (1) The Department shall, by rule, establish a schedule of fees for examination, registration, and licensure and registration sufficient to offset a portion of the costs of administration and enforcement of this Act. (2) The Department may, by rule, establish a schedule of fees for the publication and mailing of the Illinois State Plumbing Code. (Source: P.A. 91-678, eff. 1-26-00.)". Floor Amendments numbered 2, 3 and 4 remained in the Committee on Rules. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO HOUSE BILL 2148 AMENDMENT NO. 5. Amend House Bill 2148, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Plumbing License Law is amended by changing Sections 1, 2, 3, 8, 20, and 29.5 and by adding Section 13.1
141 [April 4, 2001] as follows: (225 ILCS 320/1) (from Ch. 111, par. 1101) Sec. 1. Purpose. It has been established by scientific evidence that improper plumbing can result in the introduction of pathogenic organisms into the potable water supply, result in the escape of toxic gases into the environment, and result in potentially lethal disease and epidemic. It is further found that minimum numbers of plumbing facilities and fixtures are necessary for the comfort and convenience of workers and persons in public places. Consistent with its duty to safeguard the health of the people of this State, the General Assembly therefore declares that the regulation of plumbing and the plumbing trade is necessary for the protection of the public health, convenience, and welfare. The General Assembly therefore declares that individuals who plan, inspect, install, alter, extend, repair and maintain plumbing systems shall be individuals of proven skill. Further, the General Assembly declares that a guide for the minimum control and number of plumbing materials and fixtures, the design of plumbing systems, and the construction and installation methods of plumbing systems is essential for the protection of public health and convenience. In order to insure plumbing skill and to authoritatively establish what shall be good plumbing practice, this Act provides for the licensing of plumbers and registration of plumbing contractors and for the promulgation of a Minimum Plumbing Code of standards by the Department.
[April 4, 2001] 142 irrigation outlets, but does not include the backflow prevention device. "Lawn sprinkler system" does not include an irrigation system used primarily for agricultural purposes. "Person" means any natural person, firm, corporation, partnership, or association. "Plumber" means any licensed person authorized to perform plumbing as defined in this Act, but does not include retired plumbers as defined in this Act. "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. "Plumbing" includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems and backflow prevention devices connected to lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. "Plumbing" includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. "Plumbing" includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system 5 feet beyond the foundation walls. "Plumbing" does not mean or include the trade of drain-laying, the trade of drilling water wells which constitute the sources of private water supplies, and of making connections between such wells and pumping units in the water supply systems of buildings served by such private water supplies, or the business of installing water softening equipment and of maintaining and servicing the same, or the business of manufacturing or selling plumbing fixtures, appliances, equipment or hardware, or to the installation and servicing of electrical equipment sold by a not-for-profit corporation providing electrification on a cooperative basis, that either on or before January 1, 1971, is or has been financed in whole or in part under the federal Rural Electrification Act of 1936 and the Acts amendatory thereof and supplementary thereto, to its members for use on farms owned by individuals or operated by individuals, nor does it mean or include minor repairs which do not require changes in the piping to or from plumbing fixtures or involve the removal, replacement, installation or re-installation of any pipe or plumbing fixtures. Plumbing does not include the installation, repair, maintenance, alteration or extension of building sewers. "Plumbing contractor" means any person who performs plumbing, as defined in this Act, for another person. "Plumbing contractor" shall not include licensed plumbers and licensed apprentice plumbers who either are employed by persons engaged in the plumbing business or are employed by another person for the performance of plumbing solely for that other person, including, but not limited to, a hospital, university, or business maintenance staff. "Plumbing fixtures" means installed receptacles, devices or appliances that are supplied with water or that receive or discharge liquids or liquid borne wastes, with or without discharge into the drainage system with which they may be directly or indirectly connected. "Plumbing system" means the water service, water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes; building drains; including their respective connections, devices and appurtenances. "Plumbing system" does not include building sewers as defined in this Act. "Retired plumber" means any licensed plumber in good standing who meets the requirements of this Act and the requirements prescribed by Department rule to be licensed as a retired plumber and voluntarily surrenders his plumber's license to the Department, in exchange for a
143 [April 4, 2001] retired plumber's license. Retired plumbers cannot perform plumbing as defined in this Act, cannot sponsor or supervise apprentice plumbers, and cannot inspect plumbing under this Act. A retired plumber cannot fulfill the requirements of subsection (3) of Section 3 of this Act. "Supervision" with respect to first and second year licensed apprentice plumbers means that such apprentices must perform all designing and planning of plumbing systems and all plumbing as defined in this Act under the direct personal supervision of the sponsor or his or her agent who must also be an Illinois licensed plumber, except for maintenance and repair work on existing plumbing systems done by second year apprentice plumbers; provided that before performing any maintenance and repair work without such supervision, such apprentice has received the minimum number of hours of annual classroom instruction recommended by the United States Department of Labor's Bureau of Apprenticeship and Training for apprentice plumbers in a Bureau of Apprenticeship and Training approved plumber apprenticeship program or its equivalent. "Supervision" with respect to all other apprentice plumbers means that, except for maintenance and repair work on existing plumbing systems, any plumbing done by such apprentices must be inspected daily, after initial rough-in and after completion by the sponsor or his or her agent who is also an Illinois licensed plumber. In addition, all repair and maintenance work done by a licensed apprentice plumber on an existing plumbing system must be approved by the sponsor or his or her agent who is also an Illinois licensed plumber. "Sponsor" is an Illinois licensed plumber or an approved apprenticeship program that has accepted an individual as an Illinois licensed apprentice plumber for education and training in the field of plumbing and whose name and license number or apprenticeship program number shall appear on the individual's application for an apprentice plumber's license. "Sponsored" means that each Illinois licensed apprentice plumber has been accepted by an Illinois licensed plumber or an approved apprenticeship program for apprenticeship training. "Telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act. (Source: P.A. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00.) (225 ILCS 320/3) (from Ch. 111, par. 1103) Sec. 3. (1) All planning and designing of plumbing systems and all plumbing shall be performed only by plumbers licensed under the provisions of this Act hereinafter called "licensed plumbers" and "licensed apprentice plumbers". The inspection of plumbing and plumbing systems shall be done only by the sponsor or his or her agent who shall be an Illinois licensed plumber. Nothing herein contained shall prohibit licensed plumbers or licensed apprentice plumbers under supervision from planning, designing, inspecting, installing, repairing, maintaining, altering or extending building sewers in accordance with this Act. No person who holds a license or certificate of registration under the Illinois Architecture Practice Act of 1989, or the Structural Engineering Practice Act of 1989, or the Professional Engineering Practice Act of 1989 shall be prevented from planning and designing plumbing systems. (2) Nothing herein contained shall prohibit the owner occupant or lessee occupant of a single family residence, or the owner of a single family residence under construction for his or her occupancy, from planning, installing, altering or repairing the plumbing system of such residence, provided that (i) such plumbing shall comply with the minimum standards for plumbing contained in the Illinois State Plumbing Code, and shall be subject to inspection by the Department or the local governmental unit if it retains a licensed plumber as an inspector; and (ii) such owner, owner occupant or lessee occupant shall not employ other than a plumber licensed pursuant to this Act to assist him or her. For purposes of this subsection, a person shall be considered an "occupant" if and only if he or she has taken possession of and is living in the premises as his or her bona fide sole and exclusive
[April 4, 2001] 144 residence, or, in the case of an owner of a single family residence under construction for his or her occupancy, he or she expects to take possession of and live in the premises as his or her bona fide sole and exclusive residence, and he or she has a current intention to live in such premises as his or her bona fide sole and exclusive residence for a period of not less than 6 months after the completion of the plumbing work performed pursuant to the authorization of this subsection, or, in the case of an owner of a single family residence under construction for his or her occupancy, for a period of not less than 6 months after the completion of construction of the residence. Failure to possess and live in the premises as a sole and exclusive residence for a period of 6 months or more shall create a rebuttable presumption of a lack of such intention. (3) The employees of a firm, association, partnership or corporation who engage in plumbing shall be licensed plumbers or licensed apprentice plumbers. At least one member of every firm, association or partnership engaged in plumbing work, and at least one corporate officer of every corporation engaged in plumbing work, as the case may be, shall be a licensed plumber. A retired plumber cannot fulfill the requirements of this subsection (3). Plumbing contractors are also required to be registered pursuant to the provisions of this Act. Notwithstanding the provisions of this subsection (3), it shall be lawful for an irrigation contractor registered under Section 2.5 of this Act to employ or contract with one or more licensed plumbers in connection with work on lawn sprinkler systems pursuant to Section 2.5 of this Act. (4) (a) A licensed apprentice plumber shall plan, design and install plumbing only under the supervision of the sponsor or his or her agent who is also an Illinois licensed plumber. (b) An applicant for licensing as an apprentice plumber shall be at least 16 years of age and apply on the application form provided by the Department. Such application shall verify that the applicant is sponsored by an Illinois licensed plumber or an approved apprenticeship program and shall contain the name and license number of the licensed plumber or program sponsor. (c) No licensed plumber shall sponsor more than 2 licensed apprentice plumbers at the same time. If 2 licensed apprentice plumbers are sponsored by a plumber at the same time, one of the apprentices must have, at a minimum, 2 years experience as a licensed apprentice. No licensed plumber sponsor or his or her agent may supervise 2 licensed apprentices with less than 2 years experience at the same time. The sponsor or agent shall supervise and be responsible for the plumbing performed by a licensed apprentice. (d) No agent shall supervise more than 2 licensed apprentices at the same time. (e) No licensed plumber may, in any capacity, supervise more than 2 licensed apprentice plumbers at the same time. (f) No approved apprenticeship program may sponsor more licensed apprentices than 2 times the number of licensed plumbers available to supervise those licensed apprentices. (g) No approved apprenticeship program may sponsor more licensed apprentices with less than 2 years experience than it has licensed plumbers available to supervise those licensed apprentices. (h) No individual shall work as an apprentice plumber unless he or she is properly licensed under this Act. The Department shall issue an apprentice plumber's license to each approved applicant. (i) No licensed apprentice plumber shall serve more than a 6 year licensed apprenticeship period. If, upon completion of a 6 year licensed apprenticeship period, such licensed apprentice plumber does not apply for the examination for a plumber's license and successfully pass the examination for a plumber's license, his or her apprentice plumber's license shall not be renewed.
145 [April 4, 2001] Nothing contained in P.A. 83-878, entitled "An Act in relation to professions", approved September 26, 1983, was intended by the General Assembly nor should it be construed to require the employees of a governmental unit or privately owned municipal water supplier who operate, maintain or repair a water or sewer plant facility which is owned or operated by such governmental unit or privately owned municipal water supplier to be licensed plumbers under this Act. In addition, nothing contained in P.A. 83-878 was intended by the General Assembly nor should it be construed to permit persons other than licensed plumbers to perform the installation, repair, maintenance or replacement of plumbing fixtures, such as toilet facilities, floor drains, showers and lavatories, and the piping attendant to those fixtures, within such facility or in the construction of a new facility. Nothing contained in P.A. 83-878, entitled "An Act in relation to professions", approved September 26, 1983, was intended by the General Assembly nor should it be construed to require the employees of a governmental unit or privately owned municipal water supplier who install, repair or maintain water service lines from water mains in the street, alley or curb line to private property lines and who install, repair or maintain water meters to be licensed plumbers under this Act if such work was customarily performed prior to the effective date of such Act by employees of such governmental unit or privately owned municipal water supplier who were not licensed plumbers. Any such work which was customarily performed prior to the effective date of such Act by persons who were licensed plumbers or subcontracted to persons who were licensed plumbers must continue to be performed by persons who are licensed plumbers or subcontracted to persons who are licensed plumbers. When necessary under this Act, the Department shall make the determination whether or not persons who are licensed plumbers customarily performed such work. (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00.) (225 ILCS 320/8) (from Ch. 111, par. 1107) Sec. 8. The Director shall: (1) Prepare forms for application for examination for a plumber's license. (2) Prepare and issue licenses as provided in this Act. (3) With the aid of the Board prescribe rules and regulations for examination of applicants for plumber's licenses. (4) With the aid of the Board prepare and give uniform and comprehensive examinations to applicants for a plumber's license which shall test their knowledge and qualifications in the planning and design of plumbing systems, their knowledge, qualifications, and manual skills in plumbing, and their knowledge of the State's minimum code of standards relating to fixtures, materials, design and installation methods of plumbing systems, promulgated pursuant to this Act. (5) Issue a plumber's license and license renewal to every applicant who has passed the examination and who has paid the required license and renewal fee. (6) Prescribe rules for hearings to deny, suspend, revoke or reinstate licenses as provided in this Act. (7) Maintain a current record showing (a) the names and addresses of registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, and licensed retired plumbers, (b) the dates of issuance of licenses, (c) the date and substance of the charges set forth in any hearing for denial, suspension or revocation of any license, (d) the date and substance of the final order issued upon each such hearing, and (e) the date and substance of all petitions for reinstatement of license and final orders on such petitions. (8) Prescribe, in consultation with the Board, uniform and reasonable rules defining what constitutes an approved course of instruction in plumbing, in colleges, universities, or trade schools, and approve or disapprove the courses of instruction offered by such colleges, universities, or trade schools by reference to their compliance or noncompliance with such rules. Such rules shall be designed to assure that an approved course of instruction will
[April 4, 2001] 146 adequately teach the design, planning, installation, replacement, extension, alteration and repair of plumbing. (Source: P.A. 89-665, eff. 8-14-96.) (225 ILCS 320/13.1 new) Sec. 13.1. Plumbing contractors; registration; applications. (1) On and after May 1, 2002, all persons or corporations desiring to engage in the business of plumbing contractor, other than any entity that maintains an audited net worth of shareholders' equity equal to or exceeding $100,000,000, shall register in accordance with the provisions of this Act. (2) Application for registration shall be filed with the Department each year, on or before the last day of April, in writing and on forms prepared and furnished by the Department. All plumbing contractor registrations expire on the last day of April of each year. (3) Applications shall contain the name, address, and telephone number of the person and the plumbing license of (i) the individual, if a sole proprietorship; (ii) the partner, if a partnership; or (iii) an officer, if a corporation. The application shall contain the business name, address, and telephone number, a current copy of the plumbing license, and any other information the Department may require by rule. (4) Applicants shall submit an original certificate of insurance documenting that the contractor carries general liability insurance with a minimum of $100,000 per occurrence, bodily injury insurance with a minimum of $300,000 per occurrence, property damage insurance with a minimum of $50,000, and workers compensation insurance with a minimum $500,000. No registration may be issued in the absence of this certificate. Certificates must be in force at all times for registration to remain valid. (5) Applicants shall submit, on a form provided by the Department, an indemnification bond in the amount of $20,000 or a letter of credit in the same amount for work performed in accordance with this Act and the rules promulgated under this Act. (6) All employees of a registered plumbing contractor who engage in plumbing work shall be licensed plumbers or apprentice plumbers in accordance with this Act. (7) Plumbing contractors shall submit an annual registration fee in an amount to be established by rule. (8) The Department shall be notified in advance of any changes in the business structure, name, or location or of the addition or deletion of the owner or officer who is the licensed plumber listed on the application. Failure to notify the Department of this information is grounds for suspension or revocation of the plumbing contractor's registration. (9) In the event that the plumber's license on the application for registration of a plumbing contractor is a license issued by City of Chicago, it shall be the responsibility of the applicant to forward a copy of the plumber's license to the Department, noting the name of the registered plumbing contractor, when it is renewed. (225 ILCS 320/20) (from Ch. 111, par. 1119) Sec. 20. Grounds for discipline. (1) The Director may deny, revoke or suspend a license or registration when findings show one or more of the following: (a) That the licensee or registrant obtained or conspired with others to obtain a license or registration by inducing the issuance thereof in consideration of the payment of money or delivery of any other thing of value or by and through misrepresentation of facts. (b) That the licensee or registrant willfully violated any law of this State or any rule, regulation or code promulgated thereunder regulating plumbing, licensed or registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, licensed retired plumbers, water well pump installations and private sewage disposal systems.
147 [April 4, 2001] (c) That the licensee or registrant has been guilty of negligence or incompetence in the performance of plumbing. (d) That the licensee or registrant has loaned or in any manner transferred his or her license to another person. (e) That the sponsor or his or her agent has failed to properly supervise a licensed apprentice plumber. (f) That the owner or officer of a registered plumbing contractor failed to maintain a valid plumbing license. (g) That the registered plumbing contractor used a plumbing license without the permission of the licensee. (2) If a license is suspended or revoked, the license shall be surrendered to the Department but, if suspended, it shall be returned to the licensee upon the termination of the suspension period. The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. (Source: P.A. 87-885.) (225 ILCS 320/29.5) Sec. 29.5. Unlicensed and unregistered practice; violation; civil penalty. (a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, or as an irrigation contractor without being registered under this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee or registrant. (b) The Department has the authority and power to investigate any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, or as an irrigation contractor without being registered under this Act. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had on the judgment in the same manner as a judgment from a court of record. All fines and penalties collected by the Department under this Section of the Act and accrued interest shall be deposited into the Plumbing Licensure and Program Fund for use by the Department in performing activities relating to the administration and enforcement of this Act. (Source: P.A. 90-714, eff. 8-7-98; 91-678, eff. 1-26-00.) 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 Amendments numbered 1 and 5 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2298. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Eileen Lyons offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2298 AMENDMENT NO. 2. Amend House Bill 2298 as follows:
[April 4, 2001] 148 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows: (305 ILCS 5/10-2) (from Ch. 23, par. 10-2) Sec. 10-2. Extent of Liability. A husband is liable for the support of his wife and a wife for the support of her husband. The parents are severally liable for the support of any child under age 18, and for any child aged 18 who is attending high school, until that child graduates from high school, or attains the age of 19, whichever is earlier
149 [April 4, 2001] sufficient for purposes of due process. An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 4, 2001] 150 proper notice, then any relevant financial information concerning the responsible relative's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. The Court shall determine the amount of maintenance using the standards set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. Any such judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. When an order is entered for the support of a minor, the court may provide therein for reasonable visitation of the minor by the person or persons who provided support pursuant to the order. Whoever willfully refuses to comply with such visitation order or willfully interferes with its enforcement may be declared in contempt of court and punished therefor. Except where the local governmental unit has entered into an agreement with the Illinois Department for the Child and Spouse Support Unit to act for it, as provided in Section 10-3.1, support orders entered by the court in cases involving applicants or recipients under Article VI shall provide that payments thereunder be made directly to the local governmental unit. Orders for the support of all other applicants or recipients shall provide that payments thereunder be made directly to the Illinois Department. In accordance with federal law and regulations, the Illinois Department may continue to collect current maintenance payments or child support payments, or both, after those persons cease to receive public assistance and until termination of services under Article X. The Illinois Department shall pay the net amount collected to those persons after deducting any costs incurred in making the collection or any collection fee from the amount of any recovery made. In both cases the order shall permit the local governmental unit or the Illinois Department, as the case may be, to direct the responsible relative or relatives to make support payments directly to the needy person, or to some person or agency in his behalf, upon removal of the person from the public aid rolls or upon termination of services under Article X. If the notice of support due issued pursuant to Section 10-7 directs that support payments be made directly to the needy person, or
151 [April 4, 2001] to some person or agency in his behalf, and the recipient is removed from the public aid rolls, court action may be taken against the responsible relative hereunder if he fails to furnish support in accordance with the terms of such notice. Actions may also be brought under this Section in behalf of any person who is in need of support from responsible relatives, as defined in Section 2-11 of Article II who is not an applicant for or recipient of financial aid under this Code. In such instances, the State's Attorney of the county in which such person resides shall bring action against the responsible relatives hereunder. If the Illinois Department, as authorized by Section 10-1, extends the support services provided by this Article to spouses and dependent children who are not applicants or recipients under this Code, the Child and Spouse Support Unit established by Section 10-3.1 shall bring action against the responsible relatives hereunder and any support orders entered by the court in such cases shall provide that payments thereunder be made directly to the Illinois Department. Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order. Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job
[April 4, 2001] 152 Civil Procedure or this Code, which service shall be sufficient for purposes of due process. An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
153 [April 4, 2001] Department for release from or modification of the administrative order, as provided in Section 10-12 or Section 10-12.1, the order shall become final and there shall be no further administrative or judicial remedy. Likewise a decision by the Illinois Department as a result of an administrative hearing, as provided in Sections 10-13 to 10-13.10, shall become final and enforceable if not judicially reviewed under the Administrative Review Law, as provided in Section 10-14. Any new or existing support order entered by the Illinois Department under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. Any such judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988, which has accrued under a support order entered by the Illinois Department under this Section. The charge shall be imposed in accordance with the provisions of Section 10-21 and shall be enforced by the court in a suit filed under Section 10-15. An order for support shall include a date on which the support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date that the child's graduation will occur or the date on which the child will attain the age of 19. (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff. 7-20-99.) Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 505, 505.2, 510, and 513 as follows: (750 ILCS 5/505) (from Ch. 40, par. 505) Sec. 505. Child support; contempt; penalties. (a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, a proceeding for child support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, a proceeding for modification of a previous order for child support under Section 510 of this Act, or any proceeding authorized under Section 501 or 601 of this Act, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his support, without regard to marital misconduct. The duty of support owed to a
[April 4, 2001] 154
155 [April 4, 2001] of the marriage by a court that lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the supporting party's net income for the prior period was the same as his or her net income at the time the order for current support is entered. (5) If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the particular case. The final order in all cases shall state the support level in dollar amounts. However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support in addition to a specific dollar amount and enter such other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered. (6) If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (a-5) In an action to enforce an order for support based on the respondent's failure to make support payments as required by the order, notice of proceedings to hold the respondent in contempt for that failure may be served on the respondent by personal service or by regular mail addressed to the respondent's last known address. The respondent's last known address may be determined from records of the clerk of the court, from the Federal Case Registry of Child Support Orders, or by any other reasonable means. (b) Failure of either parent to comply with an order to pay support shall be punishable as in other cases of contempt. In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order that the parent be: (1) placed on probation with such conditions of probation as the Court deems advisable; (2) sentenced to periodic imprisonment for a period not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to: (A) work; or (B) conduct a business or other self-employed occupation. The Court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having custody or to the guardian having custody of the
[April 4, 2001] 156 business entity fail to maintain an arms length relationship between themselves with regard to any assets. (3) the non-custodial parent transfers assets to the person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent. With respect to assets which are real property, no order entered under this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to the Code of Civil Procedure or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located. The court may also order in cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, that the parent's Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support. The court may also order that the parent be issued a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes in accordance with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify the order suspending the driving privileges of the parent or granting the issuance of a family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of the authenticated documents, the Secretary of State shall suspend the parent's driving privileges until further order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family financial responsibility driving permit to the parent. In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person convicted under that Act may be sentenced in accordance with that Act. The sentence may include but need not be limited to a requirement that the person perform community service under Section 50 of that Act or participate in a work alternative program under Section 50 of that Act. A person may not be required to participate in a work alternative program under Section 50 of that Act if the person is currently participating in a work program pursuant to Section 505.1 of this Act. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid for 30 days or more shall accrue interest at the rate of 9% per annum. (c) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition. (d) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (e) When child support is to be paid through the clerk of the court in a county of 1,000,000 inhabitants or less, the order shall direct the obligor to pay to the clerk, in addition to the child support payments, all fees imposed by the county board under paragraph (3) of subsection (u) of Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support
157 [April 4, 2001] payment and shall be made to the order of the Clerk. (f) All orders for support, when entered or modified, shall include a provision requiring the obligor to notify the court and, in cases in which a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the obligor, (ii) whether the obligor has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process. (g) An order for support shall include a date on which the current support obligation terminates. The termination date shall be the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 4, 2001] 158 (b) Order. (1) Whenever the court establishes, modifies or enforces an order for child support or for child support and maintenance the court shall include in the order a provision for the health care coverage of the child which shall, upon request of the obligee or Public Office, require that any child covered by the order be named as a beneficiary of any health insurance plan that is available to the obligor through an employer or labor union or trade union. If the court finds that such a plan is not available to the obligor, or that the plan is not accessible to the obligee, the court may, upon request of the obligee or Public Office, order the obligor to name the child covered by the order as a beneficiary of any health insurance plan that is available to the obligor on a group basis, or as a beneficiary of an independent health insurance plan to be obtained by the obligor, after considering the following factors: (A) the medical needs of the child; (B) the availability of a plan to meet those needs; and (C) the cost of such a plan to the obligor. (2) If the employer or labor union or trade union offers more than one plan, the order shall require the obligor to name the child as a beneficiary of the plan in which the obligor is enrolled. (3) Nothing in this Section shall be construed to limit the authority of the court to establish or modify a support order to provide for payment of expenses, including deductibles, copayments and any other health expenses, which are in addition to expenses covered by an insurance plan of which a child is ordered to be named a beneficiary pursuant to this Section. (c) Implementation and enforcement. (1) When the court order requires that a
159 [April 4, 2001] upon request, information concerning any dependent coverage plans which would be made available to a new employee or labor union member or trade union member. The employer or labor union or trade union shall disclose such information whether or not a court order for medical support has been entered. (g) Employer obligations. If a parent is required by an order for support to provide coverage for a child's health care expenses and if that coverage is available to the parent through an employer who does business in this State, the employer must do all of the following upon receipt of a copy of the order of support or order for withholding: (1) The employer shall, upon the parent's request, permit the parent to include in that coverage a child who is otherwise eligible for that coverage, without regard to any enrollment season restrictions that might otherwise be applicable as to the time period within which the child may be added to that coverage. (2) If the parent has health care coverage through the employer but fails to apply for coverage of the child, the employer shall include the child in the parent's coverage upon application by the child's other parent or the Illinois Department of Public Aid. (3) The employer may not eliminate any child from the parent's health care coverage unless the employee is no longer employed by the employer and no longer covered under the employer's group health plan or unless the employer is provided with satisfactory written evidence of either of the following: (A) The order for support is no longer in effect. (B) The child is or will be included in a comparable health care plan obtained by the parent under such order that is currently in effect or will take effect no later than the date the prior coverage is terminated. The employer may eliminate a child from a parent's health care plan obtained by the parent under such order if the employer has eliminated dependent health care coverage for all of its employees. (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.) (750 ILCS 5/510) (from Ch. 40, par. 510) Sec. 510. Modification and termination of provisions for maintenance, support, educational expenses, and property disposition. (a) Except as otherwise provided in paragraph (f) of Section 502 and in subsection (d), clause (3) of Section 505.2, the provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification and, with respect to maintenance, only upon a showing of a substantial change in circumstances. An order for child support may be modified as follows: (1) upon a showing of a substantial change in circumstances; and (2) without the necessity of showing a substantial change in circumstances, as follows: (A) upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines specified in Section 505 of this Act unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation; or (B) Upon a showing of a need to provide for the health care needs of the child under the order through health insurance or other means. In no event shall the eligibility for or receipt of medical assistance be considered to meet the need to provide for the child's health care needs. The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child and spouse support services from the Illinois Department of Public Aid under Article X of the Illinois Public Aid Code, and only when at least 36 months have elapsed since
[April 4, 2001] 160 the order for child support was entered or last modified. (b) The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this State. (c) Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis. (d) Unless otherwise provided in this Act, or as agreed in writing or expressly provided in the judgment, provisions for the support of a child are terminated by emancipation of the child, or if the child has attained the age of 18 and is still attending high school, provisions for the support of the child are terminated upon the date that the child graduates from high school or the date the child attains the age of 19, whichever is earlier, but not by the death of a parent obligated to support or educate the child.
161 [April 4, 2001] the child shall sign any consents necessary for the educational institution to provide the supporting parent with access to the child's academic transcripts, records, and grade reports. The consents shall not apply to any non-academic records. Failure to execute the required consent may be a basis for a modification or termination of any order entered under this Section. The authority under this Section to make provision for educational expenses, except where the child is mentally or physically disabled and not otherwise emancipated, terminates when the child receives a baccalaureate degree. (b) In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including: (1) The financial resources of both parents. (2) The standard of living the child would have enjoyed had the marriage not been dissolved. (3) The financial resources of the child. (4) The child's academic performance. (Source: P.A. 91-204, eff. 1-1-00.) Section 15. The Non-Support Punishment Act is amended by changing Sections 15 and 20 as follows: (750 ILCS 16/15) Sec. 15. Failure to support. (a) A person commits the offense of failure to support when he or she: (1) willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children
[April 4, 2001] 162 sentenced in accordance with subsection (b). (d) Fine. Sentences of imprisonment and fines for offenses committed under this Act shall be as provided under Articles 8 and 9 of Chapter V of the Unified Code of Corrections, except that the court shall order restitution of all unpaid support payments and may impose the following fines, alone, or in addition to a sentence of imprisonment under the following circumstances: (1) from $1,000 to $5,000 if the support obligation has remained unpaid for a period longer than 2 years, or is in arrears in an amount greater than $1,000 and not exceeding $10,000; (2) from $5,000 to $10,000 if the support obligation has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or (3) from $10,000 to $25,000 if the support obligation has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000. (e) Restitution shall be ordered in an amount equal to the total unpaid support obligation as it existed at the time of sentencing. Any amounts paid by the obligor shall be allocated first to current support and then to restitution ordered and then to fines imposed under this Section. (f) For purposes of this Act, the term "child" shall have the meaning ascribed to it in Section 505 of the Illinois Marriage and Dissolution of Marriage Act. (Source: P.A. 91-613, eff. 10-1-99.) (750 ILCS 16/20) Sec. 20. Entry of order for support; income withholding. (a) In a case in which no court or administrative order for support is in effect against the defendant: (1) at any time before the trial, upon motion of the State's Attorney, or of the Attorney General if the action has been instituted by his office, and upon notice to the defendant, or at the time of arraignment or as a condition of postponement of arraignment, the court may enter such temporary order for support as may seem just, providing for the support or maintenance of the spouse or child or children of the defendant, or both, pendente lite; or (2) before trial with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in this Act, or in addition thereto, the court may enter an order for support, subject to modification by the court from time to time as circumstances may require, directing the defendant to pay a certain sum for maintenance of the spouse, or for support of the child or children, or both. (b) The court shall determine the amount of child support by using the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (c) The court shall determine the amount of maintenance using the standards set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. (d) The court may, for violation of any order under this Section, punish the offender as for a contempt of court, but no pendente lite order shall remain in effect longer than 4 months, or after the discharge of any panel of jurors summoned for service thereafter in such court, whichever is sooner.
163 [April 4, 2001] (e) Any order for support entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support under the judgments, each such judgment to be in the amount of each payment or installment of support and each judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have the full force, effect, and attributes of any other judgment of this State, including the ability to be enforced. Each judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (f) An order for support entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of the court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment, bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order for support entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or of a minor child, or both, would be seriously endangered by disclosure of the party's address. (g) An order for support entered or modified in a case in which a party is receiving child and spouse support services under Article X of the Illinois Public Aid Code shall include a provision requiring the noncustodial parent to notify the Illinois Department of Public Aid, within 7 days, of the name and address of any new employer of the noncustodial parent, whether the noncustodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy. (h) In any subsequent action to enforce an order for support entered under this Act, upon sufficient showing that diligent effort has been made to ascertain the location of the noncustodial parent, service of process or provision of notice necessary in that action may be made at the last known address of the noncustodial parent, in any manner expressly provided by the Code of Civil Procedure or in this Act, which service shall be sufficient for purposes of due process. (i) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 4, 2001] 164 contain provisions concerning the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, which the court shall determine in accordance with the relevant factors set forth in the Illinois Marriage and Dissolution of Marriage Act and any other applicable law of Illinois, to guide the court in a finding in the best interests of the child. In determining custody, joint custody, or visitation, the court shall apply the relevant standards of the Illinois Marriage and Dissolution of Marriage Act. Specifically, in determining the amount of any child support award, the court shall use the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. For purposes of Section 505 of the Illinois Marriage and Dissolution of Marriage Act, "net income" of the non-custodial parent shall include any benefits available to that person under the Illinois Public Aid Code or from other federal, State or local government-funded programs. The court shall, in any event and regardless of the amount of the non-custodial parent's net income, in its judgment order the non-custodial parent to pay child support to the custodial parent in a minimum amount of not less than $10 per month. In an action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. The judgment or order shall contain the father's social security number, which the father shall disclose to the court; however, failure to include the father's social security number on the judgment or order does not invalidate the judgment or order. (2) If a judgment of parentage contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be considered a judgment granting custody to the other parent. If the parentage judgment contains no such provisions, custody shall be presumed to be with the mother; however, the presumption shall not apply if the father has had physical custody for at least 6 months prior to the date that the mother seeks to enforce custodial rights. (b) The court shall order all child support payments, determined in accordance with such guidelines, to commence with the date summons is served. The level of current periodic support payments shall not be reduced because of payments set for the period prior to the date of entry of the support order. The Court may order any child support payments to be made for a period prior to the commencement of the action. In determining whether and the extent to which the payments shall be made for any prior period, the court shall consider all relevant facts, including the factors for determining the amount of support specified in the Illinois Marriage and Dissolution of Marriage Act and other equitable factors including but not limited to: (1) The father's prior knowledge of the fact and circumstances of the child's birth. (2) The father's prior willingness or refusal to help raise or support the child. (3) The extent to which the mother or the public agency bringing the action previously informed the father of the child's needs or attempted to seek or require his help in raising or supporting the child. (4) The reasons the mother or the public agency did not file the action earlier. (5) The extent to which the father would be prejudiced by the delay in bringing the action. For purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father's net income for the prior period was the same as his net income at the time the order for current child support is entered. If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial
165 [April 4, 2001] parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission. (c) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (d) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued under the Vital Records Act. (e) On request of the mother and the father, the court shall order a change in the child's name. After hearing evidence the court may stay payment of support during the period of the father's minority or period of disability. (f) If, upon a showing of proper service, the father fails to appear in court, or otherwise appear as provided by law, the court may proceed to hear the cause upon testimony of the mother or other parties taken in open court and shall enter a judgment by default. The court may reserve any order as to the amount of child support until the father has received notice, by regular mail, of a hearing on the matter. (g) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition. (h) All orders for support, when entered or modified, shall include a provision requiring the non-custodial parent to notify the court and, in cases in which party is receiving child and spouse support services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process. (i) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19
[April 4, 2001] 166 the order. (j) An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2438. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2438 AMENDMENT NO. 1. Amend House Bill 2438 on page 1, by replacing line 1 with the following: "AN ACT in relation to senior citizens and disabled persons."; and on page 1, by replacing line 6 with the following: "amended by changing Sections 3.07, 4, and 5 and by adding Section 4.1 as follows: (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07) Sec. 3.07. "Income" means adjusted gross income, properly reportable for federal income tax purposes under the provisions of the Internal Revenue Code, modified by adding thereto the sum of the following amounts to the extent deducted or excluded from gross income in the computation of adjusted gross income: (A) An amount equal to all amounts paid or accrued as interest or dividends during the taxable year; (B) An amount equal to the amount of tax imposed by the Illinois Income Tax Act paid for the taxable year; (C) An amount equal to all amounts received during the taxable year as an annuity under an annuity, endowment or life insurance contract or under any other contract or agreement; (D) An amount equal to the amount of benefits paid under the Federal Social Security Act during the taxable year; (E) An amount equal to the amount of benefits paid under the Railroad Retirement Act during the taxable year; (F) An amount equal to the total amount of cash public assistance payments received from any governmental agency during the taxable year other than benefits received pursuant to this Act; (G) An amount equal to any net operating loss carryover deduction or capital loss carryover deduction during the taxable year; (H) For claim years beginning on or after January 1, 2002, an
167 [April 4, 2001] amount equal to any benefits received under the Workers' Compensation Act or the Workers' Occupational Diseases Act during the taxable year. "Income" does not include any grant assistance received under the Nursing Home Grant Assistance Act or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act. This amendatory Act of 1987 shall be effective for purposes of this Section for tax years ending on or after December 31, 1987. (Source: P.A. 90-491, eff. 1-1-98; 91-676, eff. 12-23-99.)"; and on page 3, by replacing lines 30 through 32 with the following: "during a State fiscal year, that beneficiary"; and on page 4, by replacing lines 1 through 3 with the following: "remainder of the fiscal year. To become a beneficiary under this program a"; and on page 5, by replacing lines 19 through 24 with the following: "per coverage year for all other persons."; and on page 6, immediately below line 1, by inserting the following: "(320 ILCS 25/4.1 new) Sec. 4.1. Information to the Department. Notwithstanding any other law to the contrary, entities subject to the Illinois Insurance Code, Comprehensive Health Insurance Plan Act, Dental Service Plan Act, Children's Health Insurance Program Act, Health Care Purchasing Group Act, Health Maintenance Organization Act, Limited Health Service Organization Act, Voluntary Health Services Plans Act, and the Workers' Compensation Act, including, but not limited to, insurers, health maintenance organizations, pharmacy benefit managers, third party administrators, fraternal benefit societies, group-funded workers' compensation pools, municipal group-funded pools, self-funded or self-insured welfare or benefit plans or programs, and any other entities that provide health coverage through an employer, union, trade association or other organization or source, or any other entities, must provide information to the Department, or its designee, that is necessary to carry out the purposes of this Act, including, but not limited to, the name, social security number, address, date of birth, and coverage of their policyholders, their subscribers, or the beneficiaries of their plans, benefits, or services who participate in the programs under this Act. The provision of this information to the Department or its designee is subject to the confidentiality provisions in Section 8a of this Act. (320 ILCS 25/5) (from Ch. 67 1/2, par. 405) Sec. 5. Procedure. (a) In general. Claims must be filed after January 1, on forms prescribed by the Department. No claim may be filed more than one year after December 31 of the year for which the claim is filed except that claims for 1976 may be filed until December 31, 1978. The pharmaceutical assistance identification card provided for in subsection (f) of Section 4 shall be valid for a period not to exceed one year. On and after January 1, 2002, however, to enable the Department to convert coverage for a pharmaceutical assistance program participant to a fiscal year basis, a card shall be valid for a longer or shorter period than 12 months, depending on the date a timely claim is filed and as determined by the Department. (b) Claim is Personal. The right to file a claim under this Act shall be personal to the claimant and shall not survive his death, but such right may be exercised on behalf of a claimant by his legal guardian or attorney-in-fact. If a claimant dies after having filed a timely claim, the amount thereof shall be disbursed to his surviving spouse or, if no spouse survives, to his surviving dependent minor children in equal parts, provided the spouse or child, as the case may be, resided with the claimant at the time he filed his claim. If at the time of disbursement neither the claimant nor his spouse is surviving, and no dependent minor children of the claimant are surviving the amount of the claim shall escheat to the State. (c) One claim per household. Only one member of a household may file a claim under this Act in any calendar year; where both members of
[April 4, 2001] 168 a household are otherwise entitled to claim a grant under this Act, they must agree as to which of them will file a claim for that year. (d) Content of application form. The form prescribed by the Department for purposes of paragraph (a) shall include a table, appropriately keyed to the parts of the form on which the claimant is required to furnish information, which will enable the claimant to determine readily the approximate amount of grant to which he is entitled by relating levels of household income to property taxes accrued or rent constituting property taxes accrued. (e) Pharmaceutical Assistance Procedures. The Department shall establish the form and manner for application, and establish by January 1, 1986 a procedure to enable persons to apply for the additional grant or for the pharmaceutical assistance identification card on the same application form. The Department shall determine eligibility for pharmaceutical assistance using the applicant's current income. The Department shall determine a person's current income in the manner provided by the Department by rule. (Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01.)". 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 3037. Having been recalled on March 30, 2001, and held on the order of Second Reading, the same was again taken up. Representative O'Connor offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3037 AMENDMENT NO. 1. Amend House Bill 3037 on page 1, lines 18 and 19, by replacing "Section 5-25025" with "Sections 5-25010 and 5-25025"; and on page 1, line 19, after "Code", by inserting "that are allocated for mental health and developmental disabilities purposes"; and on page 1, lines 29 and 30, by replacing "Section 5-25025" with "Sections 5-25010 and 5-25025"; and on page 2, line 8, after "Code", by inserting "and providing mental health and developmental disability services with funds collected under Section 5-25010 of the Counties Code"; and on page 2, line 13, by replacing "Section 5-25025" with "Sections 5-25010 and 5-25025"; and on page 2, line 14, after "Code", by inserting "that are allocated for mental health and developmental disabilities purposes"; and on page 2, lines 26 and 27, by replacing "Section 5-25025" with "Sections 5-25010 or 5-25025". 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 3157. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Collins offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3157
169 [April 4, 2001] AMENDMENT NO. 2. Amend House Bill 3157 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Public Employee Candidacy Act. Section 5. Definitions. As used in this Act: "Candidacy for elected public office" means affirmative conduct taken by a public employee to establish himself or herself to members of the public as a candidate for elected public office. Affirmative conduct shall include, but is not limited to, conducting name recognition polls in the geographic area covered by the elected public office, creating or allowing the creation of a campaign committee in the public employee's name, engaging in strategy meetings with non-family members, or obtaining or filing the requisite candidate filing forms with the local or State election authority. Affirmative conduct shall not include a public employee's private discussions about his or her candidacy with family members or contact made by the public employee with his or her public employer pursuant to this Act. "Public employer" means the State, an agency or department thereof, a unit of local government, a school district, or an instrumentality or political subdivision thereof. "Public employee" means an employee of the State, an agency or department thereof, a unit of local government, a school district, or an instrumentality or political subdivision thereof. Section 10. Public employee candidacy. A public employer may not terminate the employment of, force the resignation of, invalidate the transfer of, demote, reprimand, or in any other way penalize a public employee as a consequence of the public employee's candidacy for elected public office. This Section shall not apply if a public employee fails to comply with Section 15 and remains subject to the federal Hatch Act (5 U.S.C. Sections 1501 through 1508). Section 15. Notice to the public employer. At least 90 days before a public employee shall seek candidacy for elected public office, the public employee shall provide his or her public employer with written notice of his or her intent to run for elected public office. Within 7 days of receiving the public employee's written notice, the public employer shall contact the United States Office of Special Counsel in writing for an advisory opinion on whether the requesting public employee occupies an employment position covered under the federal Hatch Act (5 U.S.C. Sections 1501 through 1508). If the United States Office of Special Counsel's advisory opinion reveals that the public employee is subject to the federal Hatch Act, then the public employer shall offer in writing to transfer the public employee to or make available to the public employee an equivalent employment position that is not subject to the federal Hatch Act within 5 days after receiving the advisory opinion. The public employee shall be entitled to a copy of the decision and shall have 15 days to decide upon and accept the equivalent employment position made available by his or her public employer. All public employers shall make a public posting in the workplace that informs public employees of the provisions of this Act. All public employers shall inform new employees of this Act upon hiring as well as provide all public employees with informational literature concerning this Act at least annually. The public employer may utilize informational literature prepared by the United States Office of Special Counsel. Section 20. Working hours. Nothing in this Act prohibits a public employer from penalizing a public employee for any activity conducted during regular working hours in connection with a candidacy for elected public office. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed.
[April 4, 2001] 170 There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3241. 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 3241 AMENDMENT NO. 1. Amend House Bill 3241 by replacing the title with the following: "AN ACT concerning municipalities."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Section 8-8-3.5 as follows: (65 ILCS 5/8-8-3.5) Sec. 8-8-3.5. Tax Increment financing report; evaluation task force. (a) The reports filed under subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the reports filed under subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law in the Illinois Municipal Code must be separate from any other annual report filed with the Comptroller. The Comptroller must, in cooperation with reporting municipalities, create a format for the reporting of information described in paragraphs (1.5) and (5) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the information described in paragraphs (1.5) and (5) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law that facilitates consistent reporting among the reporting municipalities. The Comptroller may allow these reports to be filed electronically and may display the report, or portions of the report, electronically via the Internet. All reports filed under this Section must be made available for examination and copying by the public at all reasonable times. All reports filed under this Section must be provided to the Department of Commerce and Community Affairs for use by the Tax Increment Effectiveness Evaluation Task Force. (b) There is established the Tax Increment Effectiveness Evaluation Task Force to evaluate the effectiveness of tax increment financing districts in Illinois. The Task Force shall consist of a least 11 members as follows: the Director of Commerce and Community Affairs or his or her designee; the State Comptroller or his or her designee; 5 members appointed by the Director of Commerce and Community Affairs who represent small and large, suburban and downstate municipalities in Illinois that have tax increment financing districts, including statewide or regional municipal associations and organizations representing municipalities in Illinois that have tax increment financing districts; one member representing the City of Chicago appointed by the Mayor of Chicago; 2 or more members appointed by the Director of Commerce and Community Affairs who are lawyers, planners, or other professionals with extensive experience with Illinois tax increment financing programs; and one member appointed by the Director of Revenue. The members of the Task Force shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the Department of Commerce and Community Affairs for that purpose. The Director of Commerce and Community Affairs shall name, from among the members, a chairperson. The Task Force shall meet at the call of the chair. The duties of the task force shall include the following: (1) Study the statewide tax increment reporting systems of other states. (2) Based on the study in item (1), determine the best
171 [April 4, 2001] methods to use to evaluate the effectiveness of a tax increment financing district. (3) Assess the availability of the information necessary to establish a system for evaluating the effectiveness of tax increment financing districts. (4) Determine the methods that must be used to collect all relevant needed information. (5) Assess the amount of time and money necessary to establish a system for evaluating the effectiveness of tax increment financing districts and if it would be appropriate to phase in the system. The Task Force shall prepare and submit a report no later than June 30, 2002 containing its recommendations for the establishment of a system to evaluate the effectiveness of tax increment financing districts in Illinois. Upon receipt of the Task Force's report the Department of Commerce and Community Affairs shall begin to implement the evaluation system recommended in the Task Force's report. (Source: P.A. 91-478, eff. 11-1-99; 91-900, eff. 7-6-00.) Section 99. Effective date. This Act takes effect upon becoming law.". Representative Ryan offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3241 AMENDMENT NO. 2. Amend House Bill 3241, AS AMENDED, by replacing the title with the following: "AN ACT concerning municipalities."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Section 8-8-3.5 as follows: (65 ILCS 5/8-8-3.5) Sec. 8-8-3.5. Tax Increment financing report; evaluation task force. (a) The reports filed under subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the reports filed under subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law in the Illinois Municipal Code must be separate from any other annual report filed with the Comptroller. The Comptroller must, in cooperation with reporting municipalities, create a format for the reporting of information described in paragraphs (1.5) and (5) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the information described in paragraphs (1.5) and (5) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law that facilitates consistent reporting among the reporting municipalities. The Comptroller may allow these reports to be filed electronically and may display the report, or portions of the report, electronically via the Internet. All reports filed under this Section must be made available for examination and copying by the public at all reasonable times. (b) There is established the Tax Increment Effectiveness Evaluation Task Force to evaluate the effectiveness of tax increment financing districts in Illinois. The Task Force shall consist of 15 members as follows: the Director of Commerce and Community Affairs or his or her designee; the State Comptroller or his or her designee; the State Superintendent of Education or his or her designee; 3 members appointed by the Director of Commerce and Community Affairs who represent small and large downstate municipalities in Illinois that have tax increment financing districts; one member with experience with tax increment financing appointed by each of the following municipal organizations: the Illinois Municipal League, the Illinois Tax Increment Association, the Northwest Municipal Conference, the West Central Municipal Conference, and the South Suburban Mayors; one member
[April 4, 2001] 172 representing the City of Chicago appointed by the Mayor of Chicago; 2 members appointed by the Director of Commerce and Community Affairs who are lawyers, planners, or other professionals with extensive experience with Illinois tax increment financing programs; and one member appointed by the Director of Revenue. The members of the Task Force shall serve without compensation. The Task Force shall meet initially at the call of the Director of Commerce and Community Affairs, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. The duties of the task force shall include the following: (1) Study the statewide tax increment reporting systems of other states. (2) Based on the study in item (1), determine the best methods to use to evaluate the effectiveness of a tax increment financing district. (3) Assess the availability of the information necessary to establish a system for evaluating the effectiveness of tax increment financing districts. (4) Determine the methods that must be used to collect all relevant needed information. (5) Assess the amount of time and money necessary to establish a system for evaluating the effectiveness of tax increment financing districts and if it would be appropriate to phase in the system. The Task Force shall prepare and submit a report to the General Assembly and to the Governor no later than June 30, 2002 containing its recommendations for the establishment of a system to evaluate the effectiveness of tax increment financing districts in Illinois. (Source: P.A. 91-478, eff. 11-1-99; 91-900, eff. 7-6-00.) 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 Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3377. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Lawfer offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3377 AMENDMENT NO. 2. Amend House Bill 3377, on page 1, line 14, by replacing "University" with "University of Illinois"; and on page 1, line 21, after the period, by inserting the following: "Research will include finding high producing, high quality varieties with a zero level of THC. In addition, concurrent research conducted by Western Illinois University shall address the potential impact of commercial production of industrial hemp on law enforcement, including, but not limited to, the impact on the State's crime laboratory system."; and on page 1, line 21, by replacing "University" with "University of Illinois"; and On page 1, line 24, immediately after the period, by inserting the following: "All research conducted by the University of Illinois and by Western Illinois University under this Section is subject to the availability of funding, which will be sought by both institutions from federal, private, corporate, and other sources other than the State of
173 [April 4, 2001] Illinois."; and on page 1, by replacing lines 30 and 31 with the following: "Assembly."; and on page 2, by deleting line 1. 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. RECALLS By unanimous consent, on motion of Representative Flowers, HOUSE BILL 241 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. Representative Flowers offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 241 AMENDMENT NO. 3. Amend House Bill 241, AS AMENDED, in Section 5 of the bill, in Sec. 6.11, by deleting "356z.1,"; and in Section 10 of the bill, in Sec. 5-1069.3, by deleting "356z.1,"; and in Section 15 of the bill, in Sec. 10-4-2.3, by deleting "356z.1,"; and in Section 20 of the bill, in Sec. 10-22.3f, by deleting "356z.1,"; and in the introductory clause to Section 30 of the bill by changing "356z.1, 356z.2," to "356z.2"; and in the body of Section 30 of the bill by deleting all of Sec. 356z.1; and in Section 35 of the bill, in Sec. 5-3, by deleting "356z.1,"; and in Section 40 of the bill, in Sec. 10, by deleting "Sec. 356z.1,". 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 ordered transcribed, typed and again advanced to the order of Third Reading--Consideration Postponed. HOUSE BILL 1710. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Reitz offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 1710 AMENDMENT NO. 2. Amend House Bill 1710 on page 1, by replacing lines 16 and 17 with the following: "an interested director may lease real property to a hospital district subject"; and on page 2, by replacing lines 1 and 2 with the following: "for the needed real property in the ordinance or resolution"; and on page 2, by replacing lines 6 and 7 with the following: "value of the real property in the ordinance or resolution approving the"; and on page 2, immediately below line 8, by inserting the following:
[April 4, 2001] 174 "(a-15) The conditions of subsection (a-10) must also be satisfied as conditions precedent to the appointment of any new director who at the time of the appointment holds an interest in any lease of real property with the hospital district.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1926. Having been recalled on April 2, 2001, and held on the order of Second Reading, the same was again taken up. Representative Reitz offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 1926 AMENDMENT NO. 1. Amend House Bill 1926 on page 1, by replacing line 7 with the following: "Sec. 6-50. Tax levy for road district. (a) Findings and purpose. The General"; and on page 6, line 6, by replacing "provided a" with "provided that, in road districts that are not subject to the Property Tax Extension Limitation Law in the Property Tax Code, a"; and on page 6, line 31, after "authorized.", by inserting "The annual budget and appropriation ordinance for the road district shall state the amount, purpose, and duration of any accumulation of funds authorized by this Section, with specific reference to each project to be constructed or equipment to be purchased."; and on page 7, immediately below line 3, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 1926 AMENDMENT NO. 2. Amend House Bill 1926, AS AMENDED, in Section 5, by replacing "6-50" with "6-501". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3184. Having been read by title a second time earlier today, 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. 1 TO HOUSE BILL 3184 AMENDMENT NO. 1. Amend House Bill 3184 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Local Land Development Act.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1
175 [April 4, 2001] was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2523. Having been read by title a second time earlier today, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. Representative Delgado offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2523 AMENDMENT NO. 2. Amend House Bill 2523 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 18-8.05 as follows: (105 ILCS 5/18-8.05) Sec. 18-8.05. Basis for apportionment of general State financial aid and supplemental general State aid to the common schools for the 1998-1999 and subsequent school years. (A) General Provisions. (1) The provisions of this Section apply to the 1998-1999 school year and subsequent school years. The system of general State financial aid provided for in this Section is designed to assure that, through a combination of State financial aid and required local resources, the financial support provided each pupil in Average Daily Attendance equals or exceeds a prescribed per pupil Foundation Level. This formula approach imputes a level of per pupil Available Local Resources and provides for the basis to calculate a per pupil level of general State financial aid that, when added to Available Local Resources, equals or exceeds the Foundation Level. The amount of per pupil general State financial aid for school districts, in general, varies in inverse relation to Available Local Resources. Per pupil amounts are based upon each school district's Average Daily Attendance as that term is defined in this Section. (2) In addition to general State financial aid, school districts with specified levels or concentrations of pupils from low income households are eligible to receive supplemental general State financial aid grants as provided pursuant to subsection (H). The supplemental State aid grants provided for school districts under subsection (H) shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. (3) To receive financial assistance under this Section, school districts are required to file claims with the State Board of Education, subject to the following requirements: (a) Any school district which fails for any given school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized. (b) School district claims filed under this Section are subject to Sections 18-9, 18-10, and 18-12, except as otherwise provided in this Section. (c) If a school district operates a full year school under
[April 4, 2001] 176 Section 10-19.1, the general State aid to the school district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable. (d) (Blank). (4) Except as provided in subsections (H) and (L), the board of any district receiving any of the grants provided for in this Section may apply those funds to any fund so received for which that board is authorized to make expenditures by law. School districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section. (5) As used in this Section the following terms, when capitalized, shall have the meaning ascribed herein: (a) "Average Daily Attendance": A count of pupil attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial support levels. (b) "Available Local Resources": A computation of local financial support, calculated on the basis of Average Daily Attendance and derived as provided pursuant to subsection (D). (c) "Corporate Personal Property Replacement Taxes": Funds paid to local school districts pursuant to "An Act in relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1). (d) "Foundation Level": A prescribed level of per pupil financial support as provided for in subsection (B). (e) "Operating Tax Rate": All school district property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes. (B) Foundation Level. (1) The Foundation Level is a figure established by the State representing the minimum level of per pupil financial support that should be available to provide for the basic education of each pupil in Average Daily Attendance. As set forth in this Section, each school district is assumed to exert a sufficient local taxing effort such that, in combination with the aggregate of general State financial aid provided the district, an aggregate of State and local resources are available to meet the basic education needs of pupils in the district. (2) For the 1998-1999 school year, the Foundation Level of support is $4,225. For the 1999-2000 school year, the Foundation Level of support is $4,325. For the 2000-2001 school year, the Foundation Level of support is $4,425. (3) For the 2001-2002 school year and each school year thereafter, the Foundation Level of support is $4,425 or such greater amount as may be established by law by the General Assembly. (C) Average Daily Attendance. (1) For purposes of calculating general State aid pursuant to subsection (E), an Average Daily Attendance figure shall be utilized. The Average Daily Attendance figure for formula calculation purposes shall be the monthly average of the actual number of pupils in attendance of each school district, as further averaged for the best 3 months of pupil attendance for each school district. In compiling the figures for the number of pupils in attendance, school districts and the State Board of Education shall, for purposes of general State aid funding, conform attendance figures to the requirements of subsection (F). (2) The Average Daily Attendance figures utilized in subsection (E) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated. (D) Available Local Resources. (1) For purposes of calculating general State aid pursuant to subsection (E), a representation of Available Local Resources per pupil, as that term is defined and determined in this subsection, shall be utilized. Available Local Resources per pupil shall include a
177 [April 4, 2001] calculated dollar amount representing local school district revenues from local property taxes and from Corporate Personal Property Replacement Taxes, expressed on the basis of pupils in Average Daily Attendance. (2) In determining a school district's revenue from local property taxes, the State Board of Education shall utilize the equalized assessed valuation of all taxable property of each school district as of September 30 of the previous year. The equalized assessed valuation utilized shall be obtained and determined as provided in subsection (G). (3) For school districts maintaining grades kindergarten through 12, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 3.00%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades kindergarten through 8, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 2.30%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades 9 through 12, local property tax revenues per pupil shall be the applicable equalized assessed valuation of the district multiplied by 1.05%, and divided by the district's Average Daily Attendance figure. (4) The Corporate Personal Property Replacement Taxes paid to each school district during the calendar year 2 years before the calendar year in which a school year begins, divided by the Average Daily Attendance figure for that district, shall be added to the local property tax revenues per pupil as derived by the application of the immediately preceding paragraph (3). The sum of these per pupil figures for each school district shall constitute Available Local Resources as that term is utilized in subsection (E) in the calculation of general State aid. (E) Computation of General State Aid. (1) For each school year, the amount of general State aid allotted to a school district shall be computed by the State Board of Education as provided in this subsection. (2) For any school district for which Available Local Resources per pupil is less than the product of 0.93 times the Foundation Level, general State aid for that district shall be calculated as an amount equal to the Foundation Level minus Available Local Resources, multiplied by the Average Daily Attendance of the school district. (3) For any school district for which Available Local Resources per pupil is equal to or greater than the product of 0.93 times the Foundation Level and less than the product of 1.75 times the Foundation Level, the general State aid per pupil shall be a decimal proportion of the Foundation Level derived using a linear algorithm. Under this linear algorithm, the calculated general State aid per pupil shall decline in direct linear fashion from 0.07 times the Foundation Level for a school district with Available Local Resources equal to the product of 0.93 times the Foundation Level, to 0.05 times the Foundation Level for a school district with Available Local Resources equal to the product of 1.75 times the Foundation Level. The allocation of general State aid for school districts subject to this paragraph 3 shall be the calculated general State aid per pupil figure multiplied by the Average Daily Attendance of the school district. (4) For any school district for which Available Local Resources per pupil equals or exceeds the product of 1.75 times the Foundation Level, the general State aid for the school district shall be calculated as the product of $218 multiplied by the Average Daily Attendance of the school district. (5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of
[April 4, 2001] 178 subsection (G) less the general State aid allotted for the 1998-1999 school year. This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations. (F) Compilation of Average Daily Attendance. (1) Each school district shall, by July 1 of each year, submit to the State Board of Education, on forms prescribed by the State Board of Education, attendance figures for the school year that began in the preceding calendar year. The attendance information so transmitted shall identify the average daily attendance figures for each month of the school year, except that any days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. Except as otherwise provided in this Section, days of attendance by pupils shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of: (i) teachers, or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18, with pupils of legal school age and in kindergarten and grades 1 through 12. Days of attendance by tuition pupils shall be accredited only to the districts that pay the tuition to a recognized school. (2) Days of attendance by pupils of less than 5 clock hours of school shall be subject to the following provisions in the compilation of Average Daily Attendance. (a) Pupils regularly enrolled in a public school for only a part of the school day may be counted on the basis of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment. (b) Days of attendance may be less than 5 clock hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent-teacher conferences, provided a district conducts an in-service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district. (e) A session of not less than one clock hour of teaching
179 [April 4, 2001] hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance. (h) A recognized kindergarten which provides for only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education. (G) Equalized Assessed Valuation Data. (1) For purposes of the calculation of Available Local Resources required pursuant to subsection (D), the State Board of Education shall secure from the Department of Revenue the value as equalized or assessed by the Department of Revenue of all taxable property of every school district, together with (i) the applicable tax rate used in extending taxes for the funds of the district as of September 30 of the previous year and (ii) the limiting rate for all school districts subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law. This equalized assessed valuation, as adjusted further by the requirements of this subsection, shall be utilized in the calculation of Available Local Resources. (2) The equalized assessed valuation in paragraph (1) shall be adjusted, as applicable, in the following manner: (a) For the purposes of calculating State aid under this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment Allocation Redevelopment Act or in Section 11-74.6-35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid. (b) The real property equalized assessed valuation for a school district shall be adjusted by subtracting from the real
[April 4, 2001] 180 property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b). (3) For the 1999-2000 school year and each school year thereafter, if a school district meets all of the criteria of this subsection (G)(3), the school district's Available Local Resources shall be calculated under subsection (D) using the district's Extension Limitation Equalized Assessed Valuation as calculated under this subsection (G)(3). For purposes of this subsection (G)(3) the following terms shall have the following meanings: "Budget Year": The school year for which general State aid is calculated and awarded under subsection (E). "Base Tax Year": The property tax levy year used to calculate the Budget Year allocation of general State aid. "Preceding Tax Year": The property tax levy year immediately preceding the Base Tax Year. "Base Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law. "Preceding Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A). "Extension Limitation Ratio": A numerical ratio, certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension. "Operating Tax Rate": The operating tax rate as defined in subsection (A). If a school district is subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law, and if the Available Local Resources of that school district as calculated pursuant to subsection (D) using the Base Tax Year are less than the product of 1.75 times the Foundation Level for the Budget Year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation of that district. For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio. For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the last calculated Extension Limitation Equalized Assessed Valuation and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of a school district as calculated under this subsection (G)(3) is less than the district's equalized assessed valuation as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of calculating the district's general State aid for the Budget Year pursuant to subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources under subsection (D). (4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the
181 [April 4, 2001] 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid. This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources. (5) For school districts having a majority of their equalized assessed valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if the amount of general State aid allocated to the school district for the 1999-2000 school year under the provisions of subsection (E), (H), and (J) of this Section is less than the amount of general State aid allocated to the district for the 1998-1999 school year under these subsections, then the general State aid of the district for the 1999-2000 school year only shall be increased by the difference between these amounts. The total payments made under this paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they exceed $14,000,000. (H) Supplemental General State Aid. (1) In addition to the general State aid a school district is allotted pursuant to subsection (E), qualifying school districts shall receive a grant, paid in conjunction with a district's payments of general State aid, for supplemental general State aid based upon the concentration level of children from low-income households within the school district. Supplemental State aid grants provided for school districts under this subsection shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. For purposes of this subsection, the term "Low-Income Concentration Level" shall be the low-income eligible pupil count from the most recently available federal census divided by the Average Daily Attendance of the school district. If, however, the percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count of a high school district with fewer than 400 students exceeds by 75% or more the percentage change in the total low-income eligible pupil count of contiguous elementary school districts, whose boundaries are coterminous with the high school district, the high school district's low-income eligible pupil count from the earlier federal census shall be the number used as the low-income eligible pupil count for the high school district, for purposes of this subsection (H). (2) Supplemental general State aid pursuant to this subsection shall be provided as follows: (a) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for any school year shall be $800 multiplied by the low income eligible pupil count. (b) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for the 1998-1999 school year shall be $1,100 multiplied by the low income eligible pupil count. (c) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for the 1998-99 school year shall be $1,500 multiplied by the low income eligible pupil count. (d) For any school district with a Low Income Concentration Level of 60% or more, the grant for the 1998-99 school year shall be $1,900 multiplied by the low income eligible pupil count. (e) For the 1999-2000 school year, the per pupil amount specified in subparagraphs (b), (c), and (d) immediately above
[April 4, 2001] 182 shall be increased to $1,243, $1,600, and $2,000, respectively. (f) For the 2000-2001 school year, the per pupil amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively. (3) School districts with an Average Daily Attendance of more than 1,000 and less than 50,000 that qualify for supplemental general State aid pursuant to this subsection shall submit a plan to the State Board of Education prior to October 30 of each year for the use of the funds resulting from this grant of supplemental general State aid for the improvement of instruction in which priority is given to meeting the education needs of disadvantaged children. Such plan shall be submitted in accordance with rules and regulations promulgated by the State Board of Education. (4) School districts with an Average Daily Attendance of 50,000 or more that qualify for supplemental general State aid pursuant to this subsection shall be required to distribute from funds available pursuant to this Section, no less than $261,000,000 in accordance with the following requirements: (a) The required amounts shall be distributed to the attendance centers within the district in proportion to the number of pupils enrolled at each attendance center who are eligible to receive free or reduced-price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year. (b) The distribution of these portions of supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school. (c) Each attendance center shall be provided by the school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance centers. (d) Any funds made available under this subsection that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose. (e) Funds received by an attendance center pursuant to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule. (f) Each district subject to the provisions of this subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34-2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified
183 [April 4, 2001] plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education. Upon notification by the State Board of Education that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted. If the district fails to distribute State aid to attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding. For purposes of determining compliance with this subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds. The State Board of Education shall promulgate rules and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education. (I) General State Aid for Newly Configured School Districts. (1) For a new school district formed by combining property included totally within 2 or more previously existing school districts, for its first year of existence the general State aid and supplemental general State aid calculated under this Section shall be computed for the new district and for the previously existing districts for which property is totally included within the new district. If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the new district. (2) For a school district which annexes all of the territory of one or more entire other school districts, for the first year during which the change of boundaries attributable to such annexation becomes effective for all purposes as determined under Section 7-9 or 7A-8, the general State aid and supplemental general State aid calculated under this Section shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation; and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon such annexation. (3) For 2 or more school districts which annex all of the territory of one or more entire other school districts, and for 2 or more community unit districts which result upon the division (pursuant to petition under Section 11A-2) of one or more other unit school districts into 2 or more parts and which together include all of the parts into which such other unit school district or districts are so divided, for the first year during which the change of boundaries
[April 4, 2001] 184 attributable to such annexation or division becomes effective for all purposes as determined under Section 7-9 or 11A-10, as the case may be, the general State aid and supplemental general State aid calculated under this Section shall be computed for each annexing or resulting district as constituted after the annexation or division and for each annexing and annexed district, or for each resulting and divided district, as constituted prior to the annexation or division; and if the aggregate of the general State aid and supplemental general State aid as so computed for the annexing or resulting districts as constituted after the annexation or division is less than the aggregate of the general State aid and supplemental general State aid as so computed for the annexing and annexed districts, or for the resulting and divided districts, as constituted prior to the annexation or division, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing or resulting districts, as constituted upon such annexation or division, for the first 4 years of their existence. The total difference payment shall be allocated between or among the annexing or resulting districts in the same ratio as the pupil enrollment from that portion of the annexed or divided district or districts which is annexed to or included in each such annexing or resulting district bears to the total pupil enrollment from the entire annexed or divided district or districts, as such pupil enrollment is determined for the school year last ending prior to the date when the change of boundaries attributable to the annexation or division becomes effective for all purposes. The amount of the total difference payment and the amount thereof to be allocated to the annexing or resulting districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data which shall be certified to the State Board of Education, on forms which it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts, or resulting and divided districts are located. (3.5) Claims for financial assistance under this subsection (I) shall not be recomputed except as expressly provided under this Section. (4) Any supplementary payment made under this subsection (I) shall be treated as separate from all other payments made pursuant to this Section. (J) Supplementary Grants in Aid. (1) Notwithstanding any other provisions of this Section, the amount of the aggregate general State aid in combination with supplemental general State aid under this Section for which each school district is eligible shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school year, pursuant to the provisions of that Section as it was then in effect. If a school district qualifies to receive a supplementary payment made under this subsection (J), the amount of the aggregate general State aid in combination with supplemental general State aid under this Section which that district is eligible to receive for each school year shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-1998 school year, pursuant to the provisions of that Section as it was then in effect. (2) If, as provided in paragraph (1) of this subsection (J), a school district is to receive aggregate general State aid in combination with supplemental general State aid under this Section for the 1998-99 school year and any subsequent school year that in any such school year is less than the amount of the aggregate general State aid entitlement that the district received for the 1997-98 school year, the school district shall also receive, from a separate appropriation made for purposes of this subsection (J), a supplementary payment that is equal to the amount of the difference in the aggregate State aid figures as described in paragraph (1).
185 [April 4, 2001] (3) (Blank). (K) Grants to Laboratory and Alternative Schools. In calculating the amount to be paid to the governing board of a public university that operates a laboratory school under this Section or to any alternative school that is operated by a regional superintendent of schools, the State Board of Education shall require by rule such reporting requirements as it deems necessary. As used in this Section, "laboratory school" means a public school which is created and operated by a public university and approved by the State Board of Education. The governing board of a public university which receives funds from the State Board under this subsection (K) may not increase the number of students enrolled in its laboratory school from a single district, if that district is already sending 50 or more students, except under a mutual agreement between the school board of a student's district of residence and the university which operates the laboratory school. A laboratory school may not have more than 1,000 students, excluding students with disabilities in a special education program. As used in this Section, "alternative school" means a public school which is created and operated by a Regional Superintendent of Schools and approved by the State Board of Education. Such alternative schools may offer courses of instruction for which credit is given in regular school programs, courses to prepare students for the high school equivalency testing program or vocational and occupational training. A regional superintendent of schools may contract with a school district or a public community college district to operate an alternative school. An alternative school serving more than one educational service region may be established by the regional superintendents of schools of the affected educational service regions. An alternative school serving more than one educational service region may be operated under such terms as the regional superintendents of schools of those educational service regions may agree. Each laboratory and alternative school shall file, on forms provided by the State Superintendent of Education, an annual State aid claim which states the Average Daily Attendance of the school's students by month. The best 3 months' Average Daily Attendance shall be computed for each school. The general State aid entitlement shall be computed by multiplying the applicable Average Daily Attendance by the Foundation Level as determined under this Section. (L) Payments, Additional Grants in Aid and Other Requirements. (1) For a school district operating under the financial supervision of an Authority created under Article 34A, the general State aid otherwise payable to that district under this Section, but not the supplemental general State aid, shall be reduced by an amount equal to the budget for the operations of the Authority as certified by the Authority to the State Board of Education, and an amount equal to such reduction shall be paid to the Authority created for such district for its operating expenses in the manner provided in Section 18-11. The remainder of general State school aid for any such district shall be paid in accordance with Article 34A when that Article provides for a disposition other than that provided by this Article. (2) (Blank). (3) Summer school. Summer school payments shall be made as provided in Section 18-4.3. (M) Education Funding Advisory Board. The Education Funding Advisory Board, hereinafter in this subsection (M) referred to as the "Board", is hereby created. The Board shall consist of 5 members who are appointed by the Governor, by and with the advice and consent of the Senate. The members appointed shall include representatives of education, business, and the general public. One of the members so appointed shall be designated by the Governor at the time the appointment is made as the chairperson of the Board. The initial members of the Board may be appointed any time after the effective date of this amendatory Act of 1997. The regular term of each member of the Board shall be for 4 years from the third Monday of January of the year in which the term of the member's appointment is to
[April 4, 2001] 186 commence, except that of the 5 initial members appointed to serve on the Board, the member who is appointed as the chairperson shall serve for a term that commences on the date of his or her appointment and expires on the third Monday of January, 2002, and the remaining 4 members, by lots drawn at the first meeting of the Board that is held after all 5 members are appointed, shall determine 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2001, and 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2000. All members appointed to serve on the Board shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies. The Education Funding Advisory Board shall be deemed established, and the initial members appointed by the Governor to serve as members of the Board shall take office, on the date that the Governor makes his or her appointment of the fifth initial member of the Board, whether those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies. The State Board of Education shall provide such staff assistance to the Education Funding Advisory Board as is reasonably required for the proper performance by the Board of its responsibilities. For school years after the 2000-2001 school year, the Education Funding Advisory Board, in consultation with the State Board of Education, shall make recommendations as provided in this subsection (M) to the General Assembly for the foundation level under subdivision (B)(3) of this Section and for the supplemental general State aid grant level under subsection (H) of this Section for districts with high concentrations of children from poverty. The recommended foundation level shall be determined based on a methodology which incorporates the basic education expenditures of low-spending schools exhibiting high academic performance. The Education Funding Advisory Board shall make such recommendations to the General Assembly on January 1 of odd numbered years, beginning January 1, 2001. (N) (Blank). (O) References. (1) References in other laws to the various subdivisions of Section 18-8 as that Section existed before its repeal and replacement by this Section 18-8.05 shall be deemed to refer to the corresponding provisions of this Section 18-8.05, to the extent that those references remain applicable. (2) References in other laws to State Chapter 1 funds shall be deemed to refer to the supplemental general State aid provided under subsection (H) of this Section. (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-27-99.)". 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.
187 [April 4, 2001] ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Cross moved to discharge the Committee on Rules from further consideration of HOUSE BILL 6, and hear it immediatley. Representative Currie questioned if the Motion was in order. The Chair ruled the Motion out of order. Representative Cross moved to sustain the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 59, Yeas; 54, Nays; 3, Answering Present. (ROLL CALL 44) The motion prevailed. HOUSE BILLS ON SECOND READING HOUSE BILL 3292. 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 3292 AMENDMENT NO. 1. Amend House Bill 3292 on page 1, by replacing lines 12 through 15 with the following: "Department, of $350,000 or more. The Office of Appraisals shall be staffed by 10 or more professional appraisers qualified by experience and education as required by the Department."; and on page 1, line 19, by replacing "Such" with "The". Representative Pankau offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3292 AMENDMENT NO. 2. Amend House Bill 3292, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 8-55, 10-110, and 10-135 as follows: (35 ILCS 200/8-55) Sec. 8-55. Office of appraisals. Within the Department, an Office of Appraisals shall assist local government assessment officials, in counties of less than 3,000,000 inhabitants, with appraisal of commercial and industrial properties having an assessment, prior to equalization by the Department, of $350,000 or more.
[April 4, 2001] 188 proper implementation of Sections 10-110 through 10-140, the Department may withhold non-farm multipliers for any county other than a county with more than 3,000,000 inhabitants that classifies property for tax purposes. (Source: P.A. 86-954; 88-455.) (35 ILCS 200/10-135) Sec. 10-135. Farmland not subject to equalization. The assessed valuation of farmland assessed under Sections 10-110 through 10-130 shall not be subject to equalization by means of State equalization factors. Equalization factors applied by a chief county assessment officer or a Board of Review under Sections 9-205 and 16-60 shall be applied to assessments of farmland only to achieve assessments as required by Sections 10-110 through 10-130.
189 [April 4, 2001] incinerator or (ii) more than one companion animal is cremated in the incinerator at the same time, but each of the animals is completely separated from the others by partitions during the cremation process; and in which the commingling of significant amounts of cremation remains from different animals is unlikely to occur. "Communal cremation" means a cremation process in which companion animals are cremated together without effective partitions or separation during the cremation process, and in which the commingling of significant amounts of cremation remains from different animals is likely or certain to occur. "Commingling of significant amounts of cremation remains from different animals" means that specific cremation remains cannot be attributed to a particular animal, or that the cremation remains attributed to one companion animal contain more than 1% by weight of cremation remains from one or more other companion animals. The presence, in the cremation remains of a companion animal, of the remains of any creature that was contained within the body of that animal at the time of cremation (including parasites, insects, and food or creatures eaten by that companion animal) does not constitute "commingling" for the purposes of this Act. A person or business entity is deemed to refer animal owners or bring business to a provider "on a regular basis" if the person or entity (i) has an ongoing contractual or agency relationship with the provider relating to the cremation of companion animals, (ii) receives any compensation or consideration from the provider or animal owners relating to the cremation of companion animals by the provider, or (iii) refers or brings to the provider the business of more than 5 animal owners in an average month. Section 10. Written explanation of services. (a) A provider of companion animal cremation services must prepare a written explanation of the services offered, which may but need not be in the form of a brochure. The written explanation of services must include a detailed explanation of each service offered. For each type or level of cremation service offered, the written explanation of services shall disclose the specific services to be provided. If any part of the deceased companion animal will be removed, used, or sold by the provider before or after the cremation, the written explanation of services must disclose that fact. (b) The written explanation of services must not include any false or misleading information. A written explanation of services is misleading if: (1) it fails to include a detailed explanation of the cremation services offered or fails to include, for each type or level of cremation service offered, any of the disclosures required under subsection (a); (2) it uses the term "private" or "individual" with respect to any communal cremation procedure or with respect to an individually partitioned cremation procedure that will cremate more than one companion animal at the same time; (3) it uses the term "individually partitioned" or "separate" with respect to a communal cremation process; or (4) it includes any text, picture, illustration, or combination thereof, or uses any layout, typography, or color scheme, in a way that is likely to lead a person of normal intelligence to misunderstand the nature of the services to be provided or to fail to read or understand certain parts of the written explanation of services. (c) A provider of companion animal cremation services shall provide the written explanation of services, without charge: (1) to the owner of each deceased animal with whom the provider agrees to provide cremation services, or the person making cremation arrangements on the owner's behalf; (2) to all veterinarians, pet shops, and other persons or entities known to the provider who refer animal owners or bring deceased animals to the provider on a regular basis, in quantities
[April 4, 2001] 190 sufficient for distribution by those persons or entities to the animal owners whose business is being referred or brought to the provider; (3) to the Office of the Attorney General, at least annually; and (4) to any other person upon request. (d) The preparation or distribution by a provider of a written explanation of services that the provider knows or should know to be false or misleading constitutes a business offense, punishable by a fine of at least $1,001 but not more than $1,500 for a first offense and at least $2,000 but not more than $2,500 for each subsequent offense. A knowing failure to prepare or distribute a written explanation of services as required by this Section constitutes a business offense, punishable by a fine of at least $1,001 but not more than $1,500 for a first offense and at least $2,000 but not more than $2,500 for each subsequent offense. Section 15. Persons referring or bringing business to a provider. (a) A veterinarian, pet shop, or other person or business entity that refers owners of deceased animals, or persons making arrangements on an owner's behalf, to a provider on a regular basis shall make available a copy of the provider's written explanation of services to the animal owner, or person making arrangements on the owner's behalf, at the time of the referral. (b) A veterinarian, pet shop, or other person or business entity that accepts deceased companion animals for cremation through services obtained from a provider on a regular basis shall make available a copy of the provider's written explanation of services to each animal owner, or person making arrangements on the owner's behalf, from whom a deceased companion animal is accepted. (c) It is sufficient for compliance with this Section that a copy of the written explanation of services is given to the animal owner, or the person making arrangements on the owner's behalf, at the time the services are offered. (d) Publishing or otherwise disseminating advertising for a provider of companion animal cremation services does not, in itself, constitute referring or bringing business to that provider for the purposes of this Section. Section 20. Certification; penalty for false certification. (a) Whenever a provider of companion animal cremation services undertakes to provide services that include the return of the cremation remains of the cremated animal, the provider shall include a certification along with the returned cremation remains, declaring to the best of the provider's knowledge and belief that, except as otherwise specifically indicated in the certificate, the cremation and any other services specified were provided in accordance with the representations of the provider in the applicable portions of the provider's written explanation of services. (b) To knowingly make a false certification under subsection (a) is a business offense, punishable by a fine of at least $1,001 but not more than $1,500 for a first offense and at least $2,000 but not more than $2,500 for each subsequent offense. Section 95. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2KK as follows: (815 ILCS 505/2KK new) Sec. 2KK. Animal cremation services. It is an unlawful practice within the meaning of this Act for a provider of companion animal cremation services (1) to fail to prepare or distribute a written explanation of services as required by the Companion Animal Cremation Act; (2) to prepare or distribute a written explanation of services under that Act that the provider knows or should know to be false or misleading; or (3) to knowingly make a false certification under Section 20 of that Act.". The motion prevailed and the amendment was adopted and ordered printed.
191 [April 4, 2001] 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 2419. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Insurance, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2419 AMENDMENT NO. 1. Amend House Bill 2419 on page 1 by replacing lines 7 through 31 with the following: "Sec. 155.37. An insurer may make an underwriting decision based upon a record of credit worthiness, credit standing, or credit capacity. These credit factors may not be used in ways prohibited as unfair methods of competition or unfair and deceptive acts and practices, such as sex and income and as set forth in Section 424 regarding unfair discrimination on the basis of the race, color, religion, or national origin of an applicant or insured."; and on page 2 by deleting lines 1, 2, and 3. Representative Osmond offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2419 AMENDMENT NO. 2. Amend House Bill 2419, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by changing Section 1011 and adding Section 155.37 as follow: (215 ILCS 5/155.37 new) Sec. 155.37. Use of credit information in underwriting. (a) If an insurer, or an agent on behalf of an insurer, uses credit criteria or a credit score, in whole or in part, as a reason to cancel or refuse to renew coverage or to refuse to underwrite for a particular insurance risk or class of risk, the credit criteria or credit score must be established and used in a manner that: (1) is not based, in whole or in part, on the income, gender, race, color, religion, or national origin of an applicant or insured; and (2) otherwise complies with Article XXVI of this Code. (b) The credit criteria or credit scoring may not be used as a sole determinant for either the refusal to issue or the refusal to renew a policy. (215 ILCS 5/1011) (from Ch. 73, par. 1065.711) Sec. 1011. Reasons for Adverse Underwriting Decisions. (A) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) either provide the applicant, policyholder or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise such person that upon written request he or she may receive the specific reason or reasons in writing;
[April 4, 2001] 192 credit-based information used by the company in its underwriting, and if the information is based upon a credit score or code, the company must provide a written, easily understandable explanation of the score or code and the name, address, and telephone number of the consumer reporting agency that provided the information. (B) Upon receipt of a written request within 90 business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder or individual proposed for coverage, the insurance institution or agent shall furnish to such person within 21 business days from the date of receipt of such written request: (1) the specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to paragraph (1) of subsection (A); (2) the specific items of personal and privileged information that support those reasons; provided, however: (a) the insurance institution or agent shall not be required to furnish specific items of privileged information if it has reasonable suspicion, based upon specific information available for review by the Director, that the applicant, policyholder or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation or material nondisclosure, and (b) specific items of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and (3) the names and addresses of the institutional sources that supplied the specific items of information pursuant to paragraph (2) of subsection (B); provided, however, that the identity of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers. (C) The obligations imposed by this Section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. (D) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection (A) may be given orally. (Source: P.A. 82-108.) 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 Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 475. Having been read by title a second time earlier today, and held on the order of Second Reading, the same was again taken up. Representative Capparelli offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 475 AMENDMENT NO. 1. Amend House Bill 475 as follows: by replacing everything after the enacting clause with the following:
193 [April 4, 2001] "Section 5. The Illinois Vehicle Code is amended by adding Sections 11-208.5 and 11-208.6 as follows: (625 ILCS 5/11-208.5 new) Sec. 11-208.5 Booting of motor vehicles; registration required. (a) No person or entity may engage in the booting of any motor vehicle without first having registered with the Secretary of State. As used in this Section and Section 11-208.6, to "boot" or "booting" means the act of placing on a parked motor vehicle a mechanical device, known as a boot, that is designed to be attached to a wheel or tire or other part of the vehicle to prohibit its usual manner of movement. This Section does not apply to the booting of a motor vehicle by a governmental entity, or a person or entity acting under the direction of a governmental entity, when the booting is authorized by any provision of law or rule. (b) An application for registration under this Section must include: (1) The name, business address, and telephone number of the applicant. (2) The name, residence address, and age of each person having at least a 10% beneficial ownership of the booting operation, if the applicant is other than a natural person. (3) The name, residence address, and age of the manager of each location. (4) Proof of liability insurance in an amount not less than $500,000 per person and not less than $1,000,000 per incident, issued by an insurer authorized to underwrite risks in this State. (5) Payment of a registration fee. (6) Any additional information necessary to ensure compliance with eligibility requirements. (c) An applicant is ineligible to receive, and an operator is ineligible to retain, registration as a booting operation if the applicant, operator, or any employee of the applicant or operator has been convicted of a felony within the last 3 years. (d) The Secretary shall adopt rules for implementing this Section and Section 11-208.6. (e) This Section and Section 11-208.6 do not apply in a municipality with a population of 1,000,000 or more. (625 ILCS 5/11-208.6 new) Sec. 11-208.6 Regulation of booting operations. (a) An operator may conduct booting operations exclusively on private property and only under a written agreement with the owner or manager of the property. (b) An operator may not provide booting service at any property at which any person having a beneficial interest in the booting operation also has a beneficial interest in the subject property. (c) No fewer than 14 days before commencement of a booting operation, at every location where a booting operation is to be conducted, the operator must post, and must maintain in a conspicuous location, a minimum of 2 signs, no smaller than 24 inches in height and 36 inches in width, setting forth: (1) The date upon which a booting operation shall commence. (2) The terms of use of the subject property. (3) The fee for removal of a boot. (4) The name and address of, and a 24-hour telephone number for, the operator. (5) The name and telephone number of the property owner or manager. The signs must remain in place as long as a booting operation is being conducted. (d) Upon discontinuation of booting operations at a property, the signs required by subsection (c) must be removed. No person may post or allow the presence of the warning signs described in subsection (c) on any property not covered by a booting operation agreement. The operator, the property owner, and the property manager are jointly and severally responsible for compliance with this subsection. (e) At every location where an operator conducts booting
[April 4, 2001] 194 operations, the operator must post at least one employee to install and remove boots and to receive payments. The employee must wear, in a conspicuous manner, an identification placard clearly displaying the name of the employee and the name, address, and telephone number of the operator. Before leaving the location where booting operations are conducted, the posted employee must remove all boots from vehicles at that location. (f) It is illegal to place a boot upon any occupied motor vehicle or upon any motor vehicle parked in accordance with the terms of use for the subject property. (g) An operator must immediately remove a boot, for no charge, from any motor vehicle if the owner of the motor vehicle returns prior to the complete attachment of the boot. (h) The fee for removal of a boot shall be $90. (i) At every location where a booting operation is conducted, the operator must have available means of collecting any fees in cash or by credit card. (j) An operator must notify the local law enforcement agency of any booted vehicle that remains in a lot or garage for over 24 hours. (k) Each operator must maintain a sufficient number of copies of the relevant portions of this Section and Section 11-208.5 and must provide a copy to any individual requesting a copy. (l) An operator's place of business must maintain minimum business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.". AMENDMENT NO. 2 TO HOUSE BILL 475 AMENDMENT NO. 2. Amend House Bill 475 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by adding Sections 11-208.5 and 11-208.6 as follows: (625 ILCS 5/11-208.5 new) Sec. 11-208.5 Booting of motor vehicles; registration required. (a) No person or entity may engage in the booting of any motor vehicle without first having registered with the Secretary of State. As used in this Section and Section 11-208.6, to "boot" or "booting" means the act of placing on a parked motor vehicle a mechanical device, known as a boot, that is designed to be attached to a wheel or tire or other part of the vehicle to prohibit its usual manner of movement. This Section does not apply to the booting of a motor vehicle by a governmental entity, or a person or entity acting under the direction of a governmental entity, when the booting is authorized by any provision of law or rule. (b) An application for registration under this Section must include: (1) The name, business address, and telephone number of the applicant. (2) The name, residence address, and age of each person having at least a 10% beneficial ownership of the booting operation, if the applicant is other than a natural person. (3) The name, residence address, and age of the manager of each location. (4) Proof of liability insurance in an amount not less than $500,000 per person and not less than $1,000,000 per incident, issued by an insurer authorized to underwrite risks in this State. (5) Payment of a registration fee. (6) Any additional information necessary to ensure compliance with eligibility requirements. (c) An applicant is ineligible to receive, and an operator is ineligible to retain, registration as a booting operation if the applicant, operator, or any employee of the applicant or operator has been convicted of a felony within the last 3 years. (d) The Secretary shall adopt rules for implementing this Section and Section 11-208.6. (e) This Section and Section 11-208.6 do not apply in a municipality with a population of 1,000,000 or more.
195 [April 4, 2001] (625 ILCS 5/11-208.6 new) Sec. 11-208.6 Regulation of booting operations. (a) An operator may conduct booting operations exclusively on private property and only under a written agreement with the owner or manager of the property. (b) An operator may not provide booting service at any property at which any person having a beneficial interest in the booting operation also has a beneficial interest in the subject property. (c) No fewer than 14 days before commencement of a booting operation, at every location where a booting operation is to be conducted, the operator must post, and must maintain in a conspicuous location, a minimum of 2 signs, no smaller than 24 inches in height and 36 inches in width, setting forth: (1) The date upon which a booting operation shall commence. (2) The terms of use of the subject property. (3) The fee for removal of a boot. (4) The name and address of, and a 24-hour telephone number for, the operator. (5) The name and telephone number of the property owner or manager. The signs must remain in place as long as a booting operation is being conducted. (d) Upon discontinuation of booting operations at a property, the signs required by subsection (c) must be removed. No person may post or allow the presence of the warning signs described in subsection (c) on any property not covered by a booting operation agreement. The operator, the property owner, and the property manager are jointly and severally responsible for compliance with this subsection. (e) At every location where an operator conducts booting operations, the operator must post at least one employee to install and remove boots and to receive payments. The employee must wear, in a conspicuous manner, an identification placard clearly displaying the name of the employee and the name, address, and telephone number of the operator. The posted employee must personally inform each person who leaves a vehicle on the premises that the vehicle is subject to booting if the terms of use of the subject property are violated. Before leaving the location where booting operations are conducted, the posted employee must remove all boots from vehicles at that location. (f) It is illegal to place a boot upon any occupied motor vehicle or upon any motor vehicle parked in accordance with the terms of use for the subject property. (g) An operator must immediately remove a boot, for no charge, from any motor vehicle if the owner of the motor vehicle returns prior to the complete attachment of the boot. (h) The fee for removal of a boot shall be $90. (i) At every location where a booting operation is conducted, the operator must have available means of collecting any fees in cash or by credit card. (j) An operator must notify the local law enforcement agency of any booted vehicle that remains in a lot or garage for over 24 hours. (k) Each operator must maintain a sufficient number of copies of the relevant portions of this Section and Section 11-208.5 and must provide a copy to any individual requesting a copy. (l) An operator's place of business must maintain minimum business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Flowers, HOUSE
[April 4, 2001] 196 BILL 236 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 Burke, HOUSE BILL 279 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 May, HOUSE BILL 2390 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 1904 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 Soto, HOUSE BILL 2382 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 John Jones, HOUSE BILL 403 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 Berns, HOUSE BILL 2565 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 2141 was recalled from the order of Third Reading to the order of Second Reading and held on that order. ACTION ON MOTIONS Representative Howard asked and obtained unanimous consent to suspend the posting requirements on HOUSE RESOLUTION 187 to be heard in the Committee on State Government Administration. 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 Monique Davis, HOUSE BILL 1722 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; 4, Nays; 0, Answering Present. (ROLL CALL 45) 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 1789. 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 1789
197 [April 4, 2001] AMENDMENT NO. 1. Amend House Bill 1789 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 4-9 and 5-2 as follows: (720 ILCS 5/4-9) (from Ch. 38, par. 4-9) Sec. 4-9. Absolute liability. A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4--4 through 4--7 if the offense is a misdemeanor which is not punishable by incarceration or by a fine exceeding $500, or the statute defining the offense or defining the mental state under this Article or the conditions of accountability under Article 5 of this Code clearly indicates a legislative purpose to impose absolute liability for the conduct described. (Source: Laws 1961, p. 1983.) (720 ILCS 5/5-2) (from Ch. 38, par. 5-2) Sec. 5-2. When accountability exists. (A) A person is legally accountable for the conduct of another when: (a) Having a mental state described by the statute defining the offense, he causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state; or (b) The statute defining the offense makes him so accountable; or (c) Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense. However, a person is not so accountable, unless the statute defining the offense provides otherwise, if: (1) He is a victim of the offense committed; or (2) The offense is so defined that his conduct was inevitably incident to its commission; or (3) Before the commission of the offense, he terminates his effort to promote or facilitate such commission, and does one of the following: wholly deprives his prior efforts of effectiveness in such commission, or gives timely warning to the proper law enforcement authorities, or otherwise makes proper effort to prevent the commission of the offense. (B) A person is legally accountable under Section 4-9 of this Code for the conduct of another when: (1) he or she sells, gives, or transfers a firearm to another person in violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act, in violation of subsection (a)(7) of Section 24-1 of this Code, or in violation of Section 24-3 or 24-3A of this Code; and (2) the other person uses that firearm in the commission of any offense within one year from the date of the sale, gift, or transfer of the firearm to that other person. (Source: Laws 1961, p. 1983.)". 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 827. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 was recommended be adopted by the Committee on Commerce & Business Development. There being no further amendments, the bill was held on the order of Second Reading. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Burke asked and obtained unanimous consent to suspend the posting requirements on HOUSE BILL 705, and hear it immediately.
[April 4, 2001] 198 HOUSE BILLS ON SECOND READING HOUSE BILL 859. Having been printed, was taken up and read by title a second time. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 859 AMENDMENT NO. 1. Amend House Bill 859 by replacing the title with the following: "AN ACT in relation to health."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Staffing Requirements for Patient Safety Act. Section 5. Definitions. In this Act: "Appropriate State regulatory agency" or "agency" means the State agency that licenses the affected health care facility. "Employee" means an individual employed by a health care facility who is involved in direct patient care activities or clinical services and who receives an hourly wage. "Employer" means an individual, partnership, association, or corporation or person or groups of persons acting directly or indirectly in the interest of a health care facility. "Health care facility" means any of the following facilities: (1) An institution, place, building, or agency that (i) is required to be licensed under the Hospital Licensing Act or is subject to the University of Illinois Hospital Act or (ii) is privately owned and provides mental health services. (2) A hospital, mental health facility, or prison health care unit maintained by the State, a unit of local government, or any department or agency of the State or a unit of local government. "Nurse" means an advanced practice nurse, registered professional nurse, or licensed practical nurse, practicing under the scope of practice as licensed and defined in the Nursing and Advanced Practice Nursing Act. "Nurse executive or nurse administrator" means a registered professional nurse responsible and accountable for day-to-day operations related to nursing, including development and review of the facility staffing plans, implementation of patient classification systems, overseeing of nurse staffing, and analysis of patient outcomes. "Overtime" means work in excess of an agreed-to, predetermined scheduled work shift not to exceed 12 hours, or work in excess of 40 hours in one week, except in the case of an unforeseen emergent circumstance when overtime is required only as a last resort. "Patient classification system" means a mechanism used by a health care facility to determine and differentiate the health care needs of all patients receiving care within the facility. "Unforeseen emergent circumstance" means a circumstance in which the employer has no foreseeable control, as in the instance of war, a national disaster, a declared state of emergency, or another situation in which the health care facility has no other option but to require that an employee continue working. "Unforeseen emergent circumstance" does not mean a situation in which the employer has reasonable knowledge of a decreased facility staffing plan, including, but not limited to, scheduled vacations, employee illness, or increased patient census. Section 10. Ensuring minimum nurse staffing requirements. (a) A health care facility shall require each patient care unit in the facility to meet or exceed minimum nurse staffing requirements established for each work shift by an assessment of patient health care needs conducted by a registered professional nurse directly responsible for patient care using the patient classification system under Section 20 of this Act. The staffing requirement shall be implemented through
199 [April 4, 2001] a staffing plan that is developed for each patient care unit. (b) The staffing plan shall be developed under the direction of the health care facility's nurse administrator or nurse executive. To determine the appropriate application of the staffing plan, the nurse administrator or nurse executive shall develop the staffing plan in collaboration with registered professional nurses directly responsible for patient care. The staffing plan shall be developed in a manner that enables the patient care unit to meet or exceed the nurse staffing requirements that are derived from the computation used in the patient classification system. (c) The staffing plan developed for each patient care unit for each work shift must be consistent with acceptable and prevailing standards of safe nursing care and with the American Nurses Association's principles for nurse staffing. The staffing plan must take into account factors including, but not be limited to, all of the following: (1) Acuity of patient's illnesses. (2) Use of specialized equipment and technology in providing patient care. (3) Complexity of clinical judgment needed to design, implement, and evaluate patient care plans. (4) Ability of the patients to provide self-care. (5) Patient care delivery systems at the facility. (6) Health care facility-based patient outcome indicators, as developed by nationally recognized nursing organizations, including the American Nurses Association. (7) Educational needs of the patients and their family members or others who may assist in the patients' care. (8) Cognitive needs of the patients. (9) Risk management needs resulting from the facility's record of malpractice and other instances. (10) Functions necessary to support the delivery of quality patient care. (11) Clinical competencies required to meet the specific needs of the patient populations. (12) Experience level and education of the facility's licensed nurses. (13) State and federal laws and regulatory requirements regarding patient care. (14) State and federal labor laws and ratified collective bargaining agreements, if applicable. (15) Expected temporary vacancies for paid or unpaid leave. (16) Procedures for limiting patient census when available nursing staff is not sufficient to meet patient needs. (17) Amount and degree of nursing interventions. (18) Any other elements considered appropriate and specified in rules adopted by the appropriate State regulatory agency. (d) Meeting the staffing requirements of this Section is the minimum action that a health care facility must take. The facility may employ additional registered professional nurses to ensure that the facility's patients receive quality health care. (e) This Section does not apply to any facility maintained by the Department of Corrections, the Department of Human Services, or the Cook County Department of Corrections. Section 15. Patient classification committee. (a) Each health care facility shall establish a multi-disciplinary committee for the purpose of selecting the patient classification system to be used in establishing staffing requirements pursuant to Section 10 of this Act. The facility shall appoint members of the committee in accordance with the following: (1) Fifty percent of the committee's membership shall be comprised of administrative staff of the health care facility. (2) Fifty percent of the committee's members shall be comprised of professionals providing direct care to patients, provided that those professionals must be registered nurses, physicians, and other health care professionals providing direct health care to the facility's patients.
[April 4, 2001] 200 (b) This Section does not apply to any facility maintained by the Department of Corrections, the Department of Human Services, or the Cook County Department of Corrections. Section 20. Patient classification system. (a) The patient classification committee of a health care facility shall select a patient classification system that does all of the following: (1) Computes staffing requirements that are appropriate to ensure that all patients in the facility receive quality health care according to an analysis of their individual and aggregate needs. (2) Specifies staffing requirements to be filled by licensed nurses and other personnel utilized in the provision of direct patient care or the support of other unit activities. These staffing requirements shall be specified to fulfill patient care needs under normal circumstances and during unforeseen emergent circumstances, which includes a circumstance in which the absence of a licensed nurse or other personnel providing direct care could not be foreseen. (3) Includes methods to ensure the validity and reliability of its projection of staffing requirements. (4) Incorporates standards that are consistent with acceptable and prevailing standards of safe nursing care and with the American Nurses Association's principles for nurse staffing. (b) This Section does not apply to any facility maintained by the Department of Corrections, the Department of Human Services, or the Cook County Department of Corrections. Section 25. Internal review. (a) Each health care facility's patient classification committee shall develop an internal review mechanism for the committee to use under this Section in evaluating whether the facility's patient classification system results in sufficient staffing requirements to meet the health care needs of the facility's patients. The committee shall develop a review mechanism that takes into account changes in the characteristics of the facility's work environment, as well as changes that may have occurred in the overall health acuity level of the patients being treated in the facility. Evaluation tools that may be used in the review mechanism include the following: (1) Patient outcome indicators that have been shown to correlate with nurse staffing, as those indicators are developed by nationally recognized nursing organizations. (2) Acceptable and prevailing standards of safe nursing care. (3) Facility reports and analysis of incidents and injuries to patients, nursing staff, and other personnel. (4) Available reports and surveys of patient satisfaction and nurse satisfaction that correlate to the quality of nursing care provided in the facility. (5) Criteria required by State or federal law for assessing the quality of patient care provided by a health care facility. (6) American Nurses Credentialing Center Magnet Hospital elements. (7) Any other criteria the patient classification committee considers appropriate. (b) Not later than 6 months after the effective date of this Act, each committee shall complete its development of the internal review mechanism and conduct an internal review of the patient classification system it has selected. Thereafter, the committee shall conduct an internal review of the system at least once each year. (c) Whenever a committee determines that the patient classification system that the committee has selected for a facility no longer meets the staffing requirements necessary to meet the health care needs of the facility's patients, the committee shall select a different patient classification system pursuant to this Section. (d) This Section does not apply to any facility maintained by the Department of Corrections, the Department of Human Services, or the Cook County Department of Corrections.
201 [April 4, 2001] Section 30. Posting requirement. (a) A health care facility shall make available in a convenient location in the facility a monthly report that describes the preceding month's staffing requirements. The report shall compare the staffing requirements to the actual staffing that occurred for that month. The facility shall make the monthly report available to any interested party for inspection and copying for at least 3 years. (b) This Section does not apply to any facility maintained by the Department of Corrections, the Department of Human Services, or the Cook County Department of Corrections. Section 35. Overtime. (a) No employee of a health care facility may have his or her license, registration, or certification, as the case may be, subjected to disciplinary action by an appropriate State regulatory agency for a potential violation of a regulating Act if the employee does not continue to work after the end of the employee's designated, predetermined shift if the following also occurs: (1) the employee has not accepted an assignment to work overtime; and (2) the employee notifies the employee's supervisor that he or she is unable to accept the overtime assignment. (b) No employee of a health care facility may be compelled to work overtime if the employee is in such a fatigued condition that he or she could pose a potential danger or threat to the safety of patients under the employee's care because of that fatigued condition. (c) A health care facility may require an employee to accept overtime in the case of an unforeseen emergent circumstance as defined in Section 5 of this Act. Section 40. Quality-of-care policies. (a) In maintaining the quality of care provided by its licensed nurses, a health care facility shall implement policies to ensure all of the following: (1) That the specific needs of various patient populations determine the appropriate clinical competencies required of the nurses practicing in that area. (2) That licensed nurses are given an appropriate orientation to a patient care unit when first assigned to the unit. (3) That clinical support from a proficient licensed nurse is readily available to a licensed nurse who may be less proficient. (b) The policies implemented under subsection (a) of this Section shall be applied to a licensed nurse used by the facility who is not considered part of the facility's regular nursing staff, such as a supplemental licensed nurse or a licensed nurse obtained from an agency that makes licensed nurses available to employers on a temporary basis. Section 45. Work environment. With respect to the work environment created by a health care facility for its licensed nurses and personnel who assist in the provision of patient care, the facility must comply with all of the following: (1) The facility must implement policies that reflect an organizational climate committed to filling in a timely manner the positions of employment that have been included in the facility's budget. (2) The facility must employ a sufficient number of employees to perform duties that are non-nursing functions, such as housekeeping, clerical duties, and administrative duties. The facility may not eliminate such non-nursing positions as a means of complying with this subsection if the result is that licensed nurses are required to carry out the duties of the individuals whose positions have been eliminated. Section 50. Pilot programs. (a) Alternative methods of ensuring minimum nurse staffing requirements may be tested and evaluated. The alternative methods must use clearly defined measurement tools to ensure allocation of appropriate number of staff to determine nursing care needs of patients. Alternative tools or methods of measurements must be peer reviewed, provide nursing coverage of patient needs, and be evaluated
[April 4, 2001] 202 monthly to determine whether the alternative method fulfills the intent of this Act. Measurement tools that may be utilized to determine the effectiveness of any pilot program must include, but need not be limited to, the following: (1) Patient outcome indicators as developed by nationally recognized nursing organizations, such as the American Nurses Association. (2) American Nurses Credentialing Center Magnet Hospital elements. (3) Facility reports and analyses of incidents and injuries to nursing staff and other health care personnel. (4) Surveys and reports of nursing staff. (5) Other elements deemed appropriate and adopted in rules by the appropriate State regulatory agency. (b) If any pilot method of determining nurse staffing fails to address patient needs and fails to provide adequate nursing care with appropriate support for any 4-week period, the program shall be disbanded and an appropriate staffing plan and patient classification system must be instituted. Section 55. Prohibitions. (a) Except as provided in Section 60 of this Act, a health care facility must do both of the following: (1) Comply with the staffing requirements established under Section 10 of this Act. (2) Comply with the provisions of Sections 35 and 45 of this Act. (b) If subdivisions (a)(1) and (a)(2) of this Section are both violated in the same work shift, each violation is a separate violation. If subdivisions (a)(1) and (a)(2) of this Section are violated in different patient care units at the same time, each violation is a separate violation. (c) A nurse or other health care professional may file a complaint with the Department of Public Health alleging a violation of subdivision (a)(1) or (a)(2) by a privately owned health care facility. Section 60. Unforeseen emergent circumstance staffing plan. (a) Section 55 of this Act does not apply when a staffing shortage occurs as a direct result of an unforeseen emergent circumstance. (b) A health care facility shall develop and implement policies that establish mechanisms for rapid deployment of personnel during an unforeseen emergent circumstance. The policies must promote the identification and use of appropriate mixes of nursing staff and other personnel. Section 65. Penalties and sanctions. (a) If the appropriate State regulatory agency determines, after an investigation, that a violation of subdivision (a)(1) or (a)(2) of Section 55 of this Act has occurred, the agency shall impose a civil penalty against the facility in accordance with subsection (b) of this Section. In determining the amount of the civil penalty to be imposed, the agency shall consider the severity of the violation, the facility's efforts to correct the violation, whether the violation has been corrected, and whether the facility's failure to correct the violation is the result of a willful disregard of the requirements of this Act. (a-5) An investigation under subsection (a) must include an investigation of (i) whether a patient classification committee was created pursuant to Section 15 and (ii) whether the committee was implementing staffing requirements as required under this Act. (b) In the case of a first violation, the appropriate State regulatory agency shall impose a civil penalty in an amount that is not less that $2,000 for each week in which the violation occurs. In the case of a subsequent violation, for each day of the first week in which the violation occurs, the agency shall impose a civil penalty in an amount that is not less than $8,000 and not more than $15,000. During each week thereafter, the agency shall impose a civil penalty for each day of violation in an amount that is 3 times the amount imposed per day in the immediately preceding week. (c) A State regulatory agency may impose a civil penalty under this
203 [April 4, 2001] Section only after notice to the facility and an opportunity for the facility to be heard on the matter. (d) The Attorney General may bring an action in the circuit court to enforce the collection of any civil penalty imposed under this Section. (e) This Section applies only to privately owned health care facilities. Section 70. Injunctive relief. (a) Through the Attorney General or a State's Attorney, the Department of Public Health may apply for an order enjoining any person from violating subdivision (a)(1) or (a)(2) of Section 55 of this Act. (b) On the filing of a verified petition, the court shall conduct an expedited hearing on the petition, irrespective of the position of the proceeding on the court's calendar. On a showing that the violation has occurred, the court shall grant an order enjoining the violation. In addition to granting an order enjoining the violation, the court may do either or both of the following: (1) On a showing that a person's violation has been willful, the court may issue an order terminating the facility's authority to participate in any State-funded program that reimburses the facility for providing health care services. (2) On a showing that a person's violation has resulted in imminent danger of harm or death to a patient, the court may issue an order requiring the facility to close the patient care unit in which the violation has occurred. Section 75. Private right of action. (a) Any person who suffers damage as a result of a violation of this Act committed by an employer or an employer's representative may bring an action against the employer in the circuit court. Upon a finding that the employer or the employer's representative committed a violation of this Act, the court may award the plaintiff his or her actual damages together with his or her reasonable attorney's fees incurred in maintaining the action. (b) In an action brought under this Section, any evidence that an employee was required to work overtime in a manner inconsistent with Section 35 of this Act creates a presumption that the employee's employer committee a violation of this Act. To rebut this presumption, the employer must prove that an unforeseen emergent circumstance, which required overtime work only as a last resort, existed at the time the employee was required or compelled to work. (c) This Section applies only to a health care facility that is maintained by the State, a unit of local government, or a department or agency of the State or a unit of local government. Section 80. Posting of Act summary. Every employer who is subject to any provision of this Act must keep a summary of this Act approved by the Director of Labor posted in a conspicuous and accessible place in or about the premises wherever any person subject to this Act is employed. The Department of Labor must furnish copies of the summary on request to employers, without charge. Section 85. Adoption of rules. Each appropriate State regulatory agency shall adopt rules, as each agency considers necessary to implement this Act. 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 893. Having been printed, was taken up and read by title a second time. Representative Saviano offered the following amendment and moved its adoption:
[April 4, 2001] 204 AMENDMENT NO. 1 TO HOUSE BILL 893 AMENDMENT NO. 1. Amend House Bill 893 by replacing everything after the enacting clause with the following: "Section 5. The Regulatory Sunset Act is amended by changing Section 4.13 and adding Section 4.23 as follows: (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) Sec. 4.13. Acts repealed on December 31, 2002. The following Acts are repealed on December 31, 2002: The Environmental Health Practitioner Licensing Act. The Naprapathic Practice Act. The Wholesale Drug Distribution Licensing Act. The Dietetic and Nutrition Practice Act.
205 [April 4, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 04, 2001 0 YEAS 0 NAYS 116 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 P 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 P 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
[April 4, 2001] 206 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3353 DIGITAL DIVIDE LAW-TECH THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
207 [April 4, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 927 DNR-AQUIFER STUDY THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
[April 4, 2001] 208 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2099 PEN CD-ARTICLE 8 OMNIBUS THIRD READING PASSED APR 04, 2001 97 YEAS 19 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN Y 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 Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS Y DANIELS N KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL N OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
209 [April 4, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1978 HORSE RACING-MUST BE AGE 21 THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
[April 4, 2001] 210 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 521 STATE EMP INS TO SMALL BUSNESS THIRD READING PASSED APR 04, 2001 96 YEAS 20 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y 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 Y RUTHERFORD Y BERNS Y FRANKS N MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY N RYDER N 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 Y 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 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 N HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY N 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 N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN N YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
211 [April 4, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2233 FOIA-PUB RECORD ACCESS COUNSEL THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
[April 4, 2001] 212 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3140 HOME EQUTY PROG-TRANSFERS THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
213 [April 4, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 231 FIREARMS-PROJECT EXILE THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
[April 4, 2001] 214 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1023 DISABLD PERSN-HOME SRVCS-ASSET THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
215 [April 4, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2391 VETERNY-EUTHANASIA TECHNICIAN THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
[April 4, 2001] 216 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3329 $SOS-GRANTS-LIBRARY SYSTEM ACT THIRD READING PASSED APR 04, 2001 116 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 Y 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 Y 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
217 [April 4, 2001] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1081 FIRE PROTECT DIST-OPEN BURNING THIRD READING PASSED APR 04, 2001 114 YEAS 2 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 Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN N HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y 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 Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y 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
[April 4, 2001] 218 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 242 HEALTH ED-DEPRESSION & SUICIDE THIRD READING PASSED APR 04, 2001 83 YEAS 27 NAYS 5 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE P BASSI Y FLOWERS P LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y 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 N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN A MORROW Y TENHOUSE N COWLISHAW P JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER P O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND N 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 N ZICKUS P DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
219 [April 4, 2001] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 282 ENTPRS ZONE-WAUKGN-N CHIGO-ZIO THIRD READING PASSED APR 04, 2001 115 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 Y 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 A 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 Y 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
[April 4, 2001] 220 NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 524 AGRICULTR-PRODUCER PROTECT ACT THIRD READING PASSED APR 04, 2001 72 YEAS 41 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y 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 N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE P SAVIANO Y BOLAND N GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG N BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN N HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE N HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS N COLLINS Y HOWARD N MOORE P STROGER N COULSON N HULTGREN Y MORROW Y TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY P KENNER Y O'BRIEN Y WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
221 [April 4, 2001] NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1819 NURS HM-CNA LADDERS PROGRAM THIRD READING PASSED APR 04, 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 Y 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 A 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 Y 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 A 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 4, 2001] 222 NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1941 FIREARMS DEALERS LICENSE THIRD READING LOST VERIFIED ROLL CALL APR 04, 2001 57 YEAS 57 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS Y LYONS,EILEEN N REITZ N BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK N FOWLER N MATHIAS N RUTHERFORD N BERNS N FRANKS N MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST N GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN N HARTKE N MEYER Y SLONE N BRUNSVOLD N HASSERT Y MILLER N SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE N HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI N HOLBROOK N 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 N CROSS N JONES,JOHN P MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE A JONES,SHIRLEY N NOVAK N WINKEL N CURRY Y KENNER N O'BRIEN N WINTERS N DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH N DAVIS,STEVE N KURTZ Y 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
223 [April 4, 2001] NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 904 MUNI CD-USE OF PROPERTY GIFTS THIRD READING PASSED APR 04, 2001 106 YEAS 7 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N 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 A RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN A MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN P MORROW N TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y 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
[April 4, 2001] 224 NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1945 FIREARMS-GUNSHOW-DEALERS THIRD READING PASSED APR 04, 2001 69 YEAS 44 NAYS 1 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 N FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS N MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST N GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN N HARTKE N MEYER Y SLONE N BRUNSVOLD Y HASSERT Y MILLER N SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI N HOLBROOK N 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 N JONES,JOHN P MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY N NOVAK N WINKEL N CURRY Y KENNER N O'BRIEN N WINTERS Y DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL A OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH N DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
225 [April 4, 2001] NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 644 APPRENTICE EQUITY ACT THIRD READING PASSED APR 04, 2001 109 YEAS 6 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 N FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E 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 Y 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 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 Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY N 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 N 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 N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 4, 2001] 226 NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3318 TRANSP-COORDINATING COMM THIRD READING PASSED APR 04, 2001 115 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 E 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 Y 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 Y 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
227 [April 4, 2001] NO. 23 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2435 CIVIL IMMUNITY-FOOD DONOR FISCAL NOTE ACT DOES NOT APPLY LOST APR 04, 2001 54 YEAS 61 NAYS 0 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY N LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS N FRITCHEY N MAY E RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO N BOLAND N GILES N McCARTHY E SCHMITZ Y BOST N GRANBERG N McGUIRE N SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY N HANNIG N MENDOZA N SCULLY N BROSNAHAN N HARTKE Y MEYER N SLONE N BRUNSVOLD Y HASSERT N MILLER N SMITH N BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE N HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD Y MOORE N STROGER Y COULSON Y HULTGREN N MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN N TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY N NOVAK Y WINKEL N CURRY N KENNER N O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART Y KOSEL Y OSMOND Y WOJCIK N DAVIS,MONIQUE Y KRAUSE N OSTERMAN N YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU N YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO N MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
[April 4, 2001] 228 NO. 24 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2435 CIVIL IMMUNITY-FOOD DONOR BALANCED BUDGET NOTE DOES NOT APPLY PREVAILED APR 04, 2001 64 YEAS 45 NAYS 4 PRESENT N ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN Y FORBY P LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS N FRITCHEY P MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES N McCARTHY E SCHMITZ Y BOST N GRANBERG N McGUIRE A SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY N HANNIG N MENDOZA N SCULLY N BROSNAHAN N HARTKE Y MEYER Y SLONE N BRUNSVOLD Y HASSERT P MILLER N SMITH N BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE N HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE N STROGER Y COULSON Y HULTGREN N MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN N TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY N NOVAK Y WINKEL N CURRY N KENNER N O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING A DART Y KOSEL Y OSMOND Y WOJCIK N DAVIS,MONIQUE Y KRAUSE P OSTERMAN N YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO N MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
229 [April 4, 2001] NO. 25 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2435 CIVIL IMMUNITY-FOOD DONOR JUDICIAL NOTE ACT DOES NOT APPLY PREVAILED APR 04, 2001 62 YEAS 49 NAYS 0 PRESENT A ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY N LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS N FRANKS N MAUTINO N RYAN Y BIGGINS A FRITCHEY N MAY E RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES N McCARTHY E SCHMITZ Y BOST N GRANBERG N McGUIRE N SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY N HANNIG Y MENDOZA N SCULLY N BROSNAHAN N HARTKE Y MEYER N SLONE N BRUNSVOLD Y HASSERT Y MILLER N SMITH N BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE A HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN N TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY N NOVAK Y WINKEL N CURRY N KENNER N O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART Y KOSEL Y OSMOND Y WOJCIK N DAVIS,MONIQUE Y KRAUSE N OSTERMAN Y YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO N MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
[April 4, 2001] 230 NO. 26 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2284 EPILEPSY ASSISTANCE-TECH THIRD READING PASSED APR 04, 2001 115 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 E 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 Y 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 Y 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
231 [April 4, 2001] NO. 27 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 778 PROCUREMENT CODE-CONSTRUCTION THIRD READING PASSED APR 04, 2001 87 YEAS 26 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ A LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART A KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 4, 2001] 232 NO. 28 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1457 EDUCATION-TECH THIRD READING PASSED APR 04, 2001 114 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 E 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 Y 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 Y MURPHY Y TURNER,JOHN Y CROTTY A 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
233 [April 4, 2001] NO. 29 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3024 LAND BANKING BENEFIC DISCLOSUR THIRD READING PASSED APR 04, 2001 115 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 E 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 Y 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 Y 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
[April 4, 2001] 234 NO. 30 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2865 CRIM VICTIMS-TITLE-TECH THIRD READING PASSED APR 04, 2001 114 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 E 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 Y 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 A 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 Y 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
235 [April 4, 2001] NO. 31 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1886 KIDS SHARE ENDOWMENT AUTHORITY THIRD READING PASSED APR 04, 2001 100 YEAS 0 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 Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS P FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS A McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT P MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW P JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A 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 4, 2001] 236 NO. 32 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 8 MOTION TO DISCHARGE COMMITTEE RULE 18G SHALL THE CHAIR BE SUSTAINED LOST APR 04, 2001 48 YEAS 54 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI A FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS N FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT P MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS A COLLINS A HOWARD N MOORE Y STROGER N COULSON N HULTGREN A MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN A TURNER,ART N CROSS N JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY A JONES,LOU N MYERS N WAIT Y CURRIE A JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK A DAVIS,MONIQUE N KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
237 [April 4, 2001] NO. 33 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 210 SCH CD-CHICAGO-CLASSIFY FUNDS THIRD READING PASSED APR 04, 2001 102 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A 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 4, 2001] 238 NO. 34 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2535 DENTAL LICENSE FEES THIRD READING PASSED APR 04, 2001 60 YEAS 40 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE N BASSI A FLOWERS Y LYONS,EILEEN Y REITZ N BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY E RYDER N BLACK N GARRETT Y McAULIFFE Y SAVIANO N BOLAND A GILES N McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE N SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT P MILLER N SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY A SOTO Y CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY N TURNER,JOHN N CROTTY A JONES,LOU N MYERS Y WAIT Y CURRIE A JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER N O'BRIEN Y WINTERS Y DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE A DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
239 [April 4, 2001] NO. 35 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 383 INTEREST-HIGHER CREDITORS RATE THIRD READING LOST APR 04, 2001 29 YEAS 61 NAYS 8 PRESENT N ACEVEDO P FEIGENHOLTZ Y LINDNER Y POE N BASSI A FLOWERS N LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK N FOWLER Y MATHIAS N RUTHERFORD N BERNS P FRANKS N MAUTINO N RYAN Y BIGGINS N FRITCHEY N MAY E RYDER N BLACK N GARRETT Y McAULIFFE Y SAVIANO N BOLAND A GILES N McCARTHY E SCHMITZ N BOST N GRANBERG Y McGUIRE N SCHOENBERG Y BRADLEY N HAMOS N McKEON Y SCOTT N BRADY N HANNIG N MENDOZA N SCULLY N BROSNAHAN Y HARTKE N MEYER A SLONE N BRUNSVOLD Y HASSERT P MILLER N SMITH P BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER A BURKE N HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI N HOLBROOK N MOFFITT E STEPHENS A COLLINS A HOWARD A MOORE A STROGER N COULSON N HULTGREN A MORROW Y TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN A TURNER,ART Y CROSS N JONES,JOHN A MURPHY Y TURNER,JOHN N CROTTY A JONES,LOU N MYERS N WAIT N CURRIE A JONES,SHIRLEY N NOVAK N WINKEL N CURRY P KENNER P O'BRIEN N WINTERS Y DANIELS N KLINGLER N O'CONNOR N WIRSING P DART N KOSEL Y OSMOND N WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE A DELGADO P LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
[April 4, 2001] 240 NO. 36 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1961 WOMEN OFFENDERS-TREATMENT PROG THIRD READING PASSED APR 04, 2001 95 YEAS 6 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART N CROSS Y JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
241 [April 4, 2001] NO. 37 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 646 SCH CD-POTENTIALLY VIOLENT STU THIRD READING PASSED APR 04, 2001 90 YEAS 10 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST A GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 Y SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN A TURNER,ART Y CROSS N JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A 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 4, 2001] 242 NO. 38 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 211 PROHIBIT SALE PERSONAL INFO THIRD READING PASSED APR 04, 2001 99 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY A HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE A 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 A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
243 [April 4, 2001] NO. 39 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2098 VEH CD-SEAT SAFETY BELT FINES THIRD READING PASSED APR 04, 2001 92 YEAS 6 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND A GILES Y McCARTHY E SCHMITZ N BOST A GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY P HAMOS Y McKEON Y 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 N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY A TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A 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 4, 2001] 244 NO. 40 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3098 OPEN MEET-CLOSED MEET MINUTES THIRD READING PASSED APR 04, 2001 91 YEAS 10 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 N WOJCIK A DAVIS,MONIQUE N KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE A DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
245 [April 4, 2001] NO. 41 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 57 MOTION TO DISCHARGE COMMITTEE RULE 18G SHALL THE CHAIR BE SUSTAINED PREVAILED APR 04, 2001 48 YEAS 52 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI A FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS N FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY E RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT A MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS A COLLINS A HOWARD N MOORE A STROGER N COULSON N HULTGREN A MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN A TURNER,ART N CROSS N JONES,JOHN A MURPHY N TURNER,JOHN Y CROTTY A JONES,LOU N MYERS N WAIT Y CURRIE A JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK A DAVIS,MONIQUE N KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE A DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 4, 2001] 246 NO. 42 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 843 TELECOM SOURCING-TECH THIRD READING PASSED APR 04, 2001 95 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY Y MAY E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT A MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS A HOWARD Y MOORE A STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN A YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
247 [April 4, 2001] NO. 43 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2437 DEVELOPMNTL DISABILITIES SRVCS SECOND READING - MOTION TO TABLE AMENDMENT NO. 2 PREVAILED APR 04, 2001 103 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ A 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 E RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY E SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y 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 A STROGER Y COULSON A HULTGREN Y MORROW A TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART A CROSS Y JONES,JOHN A MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE A 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 A DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 4, 2001] 248 NO. 44 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 6 MOTION TO DISCHARGE COMMIITTEE RULE 18G SHALL THE CHAIR BE SUSTAINED PREVAILED APR 04, 2001 59 YEAS 54 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN P REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y 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 Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL P CURRY Y KENNER P O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
249 [April 4, 2001] NO. 45 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1722 REPORT UNIV ENROLLMENT DECLINE THIRD READING PASSED APR 04, 2001 111 YEAS 4 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE N 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 Y 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 A JOHNSON Y MULLIGAN Y TURNER,ART N CROSS Y JONES,JOHN Y 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 N 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 N DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence