STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
51ST LEGISLATIVE DAY
WEDNESDAY, MAY 2, 2001
12:00 O'CLOCK NOON
NO. 51
[May 2, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 51st Legislative Day Action Page(s) Adjournment........................................ 51 Balanced Budget Note Requested..................... 4 Committee on Rules Referrals....................... 4 Fiscal Note Requested.............................. 4 Fiscal Note Supplied............................... 4 Home Rule Notes Supplied........................... 4 Introduction and First Reading - HB3623-3623....... 28 Judicial Notes Requested........................... 5 Pension Note Requested............................. 5 Quorum Roll Call................................... 4 State Mandates Notes Requested..................... 4 State Mandates Notes Supplied...................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0632 Senate Message - Passage w/ SA..................... 22 HB 0681 Senate Message - Passage w/ SA..................... 23 HJR 0022 Committee Report................................... 25 HJR 0026 Committee Report................................... 23 HR 0194 Committee Report................................... 24 HR 0266 Agreed Resolution.................................. 28 HR 0267 Agreed Resolution.................................. 29 HR 0268 Agreed Resolution.................................. 29 HR 0269 Agreed Resolution.................................. 30 HR 0275 Adoption........................................... 32 SB 0012 Third Reading...................................... 31 SB 0020 Second Reading..................................... 33 SB 0030 Committee Report................................... 27 SB 0037 Second Reading..................................... 33 SB 0049 Second Reading..................................... 33 SB 0078 Committee Report................................... 25 SB 0098 Committee Report................................... 23 SB 0103 Committee Report................................... 27 SB 0113 Committee Report................................... 27 SB 0116 Committee Report................................... 25 SB 0133 Second Reading..................................... 33 SB 0153 Second Reading..................................... 33 SB 0233 Second Reading..................................... 33 SB 0264 Committee Report................................... 25 SB 0265 Second Reading - Amendment/s....................... 33 SB 0267 Committee Report................................... 24 SB 0286 Second Reading..................................... 33 SB 0325 Second Reading..................................... 33 SB 0326 Committee Report................................... 23 SB 0368 Committee Report................................... 24 SB 0384 Committee Report................................... 25 SB 0390 Second Reading - Amendment/s....................... 34 SB 0394 Second Reading..................................... 33 SB 0401 Second Reading - Amendment/s....................... 34 SB 0403 Committee Report................................... 27 SB 0434 Second Reading..................................... 33 SB 0487 Committee Report................................... 25 SB 0489 Committee Report................................... 27 SB 0500 Second Reading..................................... 33 SB 0510 Committee Report................................... 27 SB 0544 Second Reading..................................... 33
3 [May 2, 2001] Bill Number Legislative Action Page(s) SB 0575 Committee Report................................... 27 SB 0602 Committee Report................................... 27 SB 0635 Committee Report................................... 24 SB 0647 Committee Report................................... 27 SB 0653 Committee Report................................... 23 SB 0660 Third Reading...................................... 31 SB 0677 Second Reading..................................... 33 SB 0686 Second Reading..................................... 33 SB 0699 Committee Report................................... 27 SB 0724 Second Reading - Amendment/s....................... 35 SB 0727 Second Reading - Amendment/s....................... 35 SB 0797 Committee Report................................... 24 SB 0800 Committee Report................................... 27 SB 0817 Second Reading..................................... 33 SB 0823 Committee Report................................... 27 SB 0827 Committee Report................................... 27 SB 0898 Committee Report................................... 25 SB 0899 Committee Report................................... 25 SB 0926 Second Reading - Amendment/s....................... 36 SB 0938 Second Reading..................................... 33 SB 0945 Committee Report................................... 24 SB 0979 Committee Report................................... 25 SB 0979 Second Reading - Amendment/s....................... 31 SB 0980 Second Reading..................................... 33 SB 1017 Second Reading..................................... 33 SB 1046 Second Reading..................................... 33 SB 1065 Second Reading - Amendment/s....................... 36 SB 1080 Second Reading - Amendment/s....................... 46 SB 1081 Committee Report................................... 23 SB 1084 Third Reading...................................... 31 SB 1098 Third Reading...................................... 32 SB 1126 Committee Report................................... 27 SB 1166 Second Reading..................................... 33 SB 1254 Third Reading...................................... 31 SB 1293 Third Reading...................................... 32 SB 1303 Third Reading...................................... 32 SB 1341 Third Reading...................................... 32 SB 1505 Committee Report................................... 27 SB 1521 Second Reading - Amendment/s....................... 46
[May 2, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Ted Jones of the Orland Park United Methodist Church in Orland Park, Illinois. Representative Hassert 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: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Saviano, Sommer and Stephens were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Winters replaced Representative Osmond in the Committee on Aviation on May 1, 2001. 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 Personnel & Pensions: House Amendment 3 to HOUSE BILL 2370. REQUEST FOR FISCAL NOTE Representative Monique Davis requested that Fiscal Notes be supplied for SENATE BILLS 21, 78, 101, 115, 129, 170, 263, 384, 435, 824, 830, 833, 838, 840, 842, 849, 852, 858, 862, 874, 875, 882, 883, 884, 931, 1097, 1102, 1150 and 1180. Representative Cross requested that a Fiscal Note be supplied for SENATE BILL 608. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 926. REQUEST FOR STATE MANDATES NOTES Representative Monique Davis requested that State Mandates Notes be supplied for SENATE BILLS 78 and 384. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for SENATE BILLS 493, 754 and 980. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for SENATE BILLS 754 and 980. REQUEST FOR BALANCED BUDGET NOTE
5 [May 2, 2001] Representative Monique Davis requested that a Balanced Budget Note be supplied for SENATE BILL 78. REQUEST FOR JUDICIAL NOTES Representative Monique Davis requested that Judicial Notes be supplied for SENATE BILLS 78 and 384. REQUEST FOR PENSION NOTE Representative Monique Davis requested that a Pension Note be supplied for SENATE BILL 78. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 10 A bill for AN ACT in relation to vehicles. HOUSE BILL NO. 123 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 11-1201.1. HOUSE BILL NO. 153 A bill for AN ACT to amend the Religious and Charitable Risk Pooling Trust Act by changing Sections 2, 6, and 15. HOUSE BILL NO. 171 A bill for AN ACT concerning methyl tertiary butyl ether. HOUSE BILL NO. 198 A bill for AN ACT with regard to education. HOUSE BILL NO. 229 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 234 A bill for AN ACT to amend the Medical Practice Act of 1987. HOUSE BILL NO. 289 A bill for AN ACT concerning governmental ethics. HOUSE BILL NO. 427 A bill for AN ACT concerning corrections. HOUSE BILL NO. 708 A bill for AN ACT to revise the law by combining multiple enactments and making technical corrections. HOUSE BILL NO. 770 A bill for AN ACT concerning associate judges. Passed by the Senate, May 2, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary:
[May 2, 2001] 6 Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 632 A bill for AN ACT in relation to children. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 632. Passed the Senate, as amended, May 2, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 632 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 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
7 [May 2, 2001] 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 hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical judgment, are appropriate in evaluating whether the relinquished newborn infant was abused or neglected. 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 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.
[May 2, 2001] 8 If the parent of a newborn 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 limits liability for negligence for care and medical treatment. 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 personnel shall i) verbally inform the relinquishing person that by relinquishing the child anonymously, he or she will have to petition the court if he or she desires to prevent the termination of parental rights and regain custody of the child and ii) shall offer the relinquishing person the 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 agency or the Department will commence proceedings for the termination of parental rights and placement of the infant for
9 [May 2, 2001] 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 arrange for a licensed 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) Within 3 business days after assuming physical custody of the infant, the child-placing agency shall file a petition in the division of the circuit court in which petitions for adoption would normally be heard. The petition shall allege that the newborn infant has been relinquished in accordance with this Act and shall state that the child-placing agency intends to place the infant in an adoptive home. (d) If no licensed child-placing agency is able to accept the relinquished newborn infant, then the Department must assume 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
[May 2, 2001] 10 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) 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. (b) 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. (c) 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. (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. (e) 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
11 [May 2, 2001] 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 under 72 hours of age 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. 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 services provided to relinquished newborn infants; 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 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 70. 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 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
[May 2, 2001] 12 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, 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
13 [May 2, 2001] 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. "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
[May 2, 2001] 14 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 Section 2-3 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 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
15 [May 2, 2001] 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.) 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; (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;
[May 2, 2001] 16 (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 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
17 [May 2, 2001] 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) 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
[May 2, 2001] 18 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 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
19 [May 2, 2001] 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 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
[May 2, 2001] 20 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 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
21 [May 2, 2001] 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;
[May 2, 2001] 22 (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 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 foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 632 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 681 A bill for AN ACT concerning factory built housing. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 681.
23 [May 2, 2001] Passed the Senate, as amended, May 2, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 681 on page 3, line 3, after "under the", by inserting "onsite"; and on page 3, line 17, by changing "July 1, 2001" to "January 1, 2002"; and on page 6, lines 9 and 10, by changing "upon becoming law" to "on January 1, 2002". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 681 was placed on the Calendar on the order of Concurrence. REPORTS FROM STANDING COMMITTEES Representative Smith, Chairperson, from the Committee on Agriculture to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 653. The committee roll call vote on SENATE BILL 653 is as follows: 11, Yeas; 0, Nays; 1, Answering Present. Y Smith, Michael, Chair Y Mautino Y Forby Y Mitchell, Bill Y Fowler Y Myers, Richard Y Hartke A O'Brien Y Jones, John Y Poe Y Lawfer, Spkpn (Wirsing) Y Reitz, V-Chair P Turner, John Representative Curry, Chairperson, from the Committee on Appropriations - Elementary & Secondary Education to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 326. The committee roll call vote on SENATE BILL 326 is as follows: 9, Yeas; 5, Nays; 1, Answering Present. N Curry, Julie, Chair Y Mendoza Y Acevedo N Meyer Y Bellock N Mitchell, Bill Y Coulson N Mitchell, Jerry, Spkpn (Ryder) P Delgado Y Murphy Y Giles, V-Chair Y Slone N Johnson Y Smith, Michael A Lawfer A Sommer Y Younge Representative Crotty, Chairperson, from the Committee on Children & Youth to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 98 and 1081. That the resolution be reported "do adopt as amended" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 26. The committee roll call vote on HOUSE JOINT RESOLUTIONS 26, SENATE
[May 2, 2001] 24 BILLS 98 and 1081 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Crotty, Chair Y May (Feigenholtz) A Flowers Y Mulligan Y Howard, V-Chair Y Myers, Richard Y Klingler, Spkpn Y Ryan Y Wirsing Representative Steve Davis, Chairperson, from the Committee on Constitutional Officers to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 267 and 635. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 194. The committee roll call vote on SENATE BILLS 267 and 635 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Crotty, V-Chair Y Bassi Y Holbrook Y Bost Y Kosel, Spkpn Y Brosnahan Y Mathias Y McGuire Representative Fritchey, Chairperson, from the Committee on Consumer Protection to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 368. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 797. The committee roll call vote on SENATE BILL 368 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Fritchey, Chair A Mendoza Y Berns Y Miller Y Brady, Spkpn Y Pankau Y Delgado Y Parke A Garrett Y Soto Y Kurtz Y Wirsing A Yarbrough The committee roll call vote on SENATE BILL 797 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Fritchey, Chair Y Mendoza Y Berns Y Miller Y Brady, Spkpn Y Pankau Y Delgado Y Parke Y Garrett Y Soto Y Kurtz Y Wirsing A Yarbrough Representative Boland, Chairperson, from the Committee on Elections & Campaign Reform to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 945.
25 [May 2, 2001] The committee roll call vote on SENATE BILL 945 is as follows: 6, Yeas; 4, Nays; 0, Answering Present. Y Boland, Chair N Lindner A Cross N Lyons, Eileen, Spkpn Y Curry, Julie Y McCarthy Y Garrett, V-Chair Y Osterman N Hoeft Y Slone N Winkel Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 264, 898 and 899. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 116, 487 and 979. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: SENATE BILLS 78 and 384. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 22. The committee roll call vote on SENATE BILL 78 is as follows: 11, Yeas; 10, Nays; 0, Answering Present. N Giles, Chair Y Johnson Y Bassi N Kosel Y Collins N Krause Y Cowlishaw, Spkpn N Miller N Crotty Y Mitchell, Jerry N Davis, Monique, V-Chair N Moffitt N Delgado Y Mulligan Y Fowler (Turner, Art) N Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Erwin) N Winkel The committee roll call vote on SENATE BILL 264 is as follows: 17, Yeas; 1, Nays; 1, Answering Present. Y Giles, Chair N Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty (Schoenberg) A Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy A Garrett Y Osterman P Hoeft Y Smith, Michael (Erwin) Y Winkel The committee roll call vote on SENATE BILL 384 is as follows: 11, Yeas; 4, Nays; 3, Answering Present. P Giles, Chair Y Johnson Y Bassi (Moore) N Kosel N Collins A Krause Y Cowlishaw, Spkpn P Miller Y Crotty (Schoenberg) A Mitchell, Jerry N Davis, Monique, V-Chair Y Moffitt A Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy N Garrett Y Osterman
[May 2, 2001] 26 Y Hoeft P Smith, Michael (Erwin) Y Winkel The committee roll call vote on SENATE BILL 487 is as follows: 18, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair N Johnson A Bassi Y Kosel Y Collins Y Krause A Cowlishaw, Spkpn Y Miller Y Crotty (Schoenberg) Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Erwin) Y Winkel The committee roll call vote on SENATE BILL 898 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi (Moore) Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty (Schoenberg) A Mitchell, Jerry Y Davis, Monique, V-Chair A Moffitt Y Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Erwin) Y Winkel The committee roll call vote on SENATE BILL 899 is as follows: 15, Yeas; 4, Nays; 0, Answering Present. Y Giles, Chair N Johnson Y Bassi N Kosel Y Collins Y Krause A Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair A Moffitt Y Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy Y Garrett Y Osterman N Hoeft Y Smith, Michael (Erwin) N Winkel The committee roll call vote on SENATE BILLS 116 and 979, and HOUSE RESOULTION 22 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi (Moore) Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty (Schoenberg) Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler (Turner, Art) Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Erwin) Y Winkel Representative Bugielski, Chairperson, from the Committee on
27 [May 2, 2001] Financial Institutions to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 575. The committee roll call vote on SENATE BILL 575 is as follows: 19, Yeas; 1, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph Y Biggins Y Meyer, Spkpn Y Burke, V-Chair Y Morrow Y Capparelli (Boland) Y Novak Y Davis, Monique Y O'Connor Y Durkin Y Persico Y Giles N Righter (Johnson) Y Hassert Y Saviano Y Hultgren Y Schoenberg Y Jones, Shirley Y Zickus Representative Mautino, Chairperson, from the Committee on Insurance to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1505. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 489 and 1126. The committee roll call vote on SENATE BILLS 489, 1126 and 1505 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Mautino, Chair A Kenner Y Bradley Y Osmond Y Brady Y Pankau Y Brunsvold Y Parke, Spkpn Y Bugielski Y Stroger Y Hultgren Y Winters Y Yarbrough Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken on May 1, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 103, 403, 510, 602 and 647. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 30, 699, 800, 826 and 827. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 113. The committee roll call vote on SENATE BILLS 30, 403, 510, 602, 647, 699, 800, 826 and 827 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair Y Kosel Y Bassi Y Lyons, Joseph Y Black Y Mathias Y Brosnahan Y McAuliffe Y Collins Y O'Brien, V-Chair Y Fowler Y O'Connor Y Garrett Y Osterman Y Hamos Y Reitz Y Hartke Y Schmitz Y Jones, John Y Wait, Spkpn
[May 2, 2001] 28 Y Zickus The committee roll call vote on SENATE BILL 103 is as follows: 17, Yeas; 0, Nays; 1, Answering Present. A Hoffman, Chair Y Kosel P Bassi Y Lyons, Joseph Y Black Y Mathias Y Brosnahan Y McAuliffe Y Collins Y O'Brien, V-Chair Y Fowler Y O'Connor Y Garrett Y Osterman Y Hamos A Reitz Y Hartke Y Schmitz A Jones, John Y Wait, Spkpn Y Zickus The committee roll call vote on SENATE BILL 113 is as follows: 12, Yeas; 6, Nays; 1, Answering Present. A Hoffman, Chair P Kosel Y Bassi Y Lyons, Joseph Y Black Y Mathias Y Brosnahan Y McAuliffe N Collins N O'Brien, V-Chair N Fowler Y O'Connor Y Garrett Y Osterman Y Hamos A Reitz N Hartke Y Schmitz N Jones, John N Wait, Spkpn Y Zickus INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3623. Introduced by Representative O'Connor, a bill for AN ACT in relation to business transactions. RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 266 Offered by Representative Granberg: WHEREAS, The Duke Blue Devils, under the leadership of Coach Mike Krzyzewski, are the 2001 NCAA Men's Basketball National Champions; and WHEREAS, Coach Mike Krzyzewski was born in Chicago and attended Weber High School before entering the United States Military Academy at West Point; and WHEREAS, Having won three NCAA Championships, Coach Krzyzewski is acknowledged as one of the great college basketball coaches of all time; and WHEREAS, Coach K is ably assisted by the members of his staff, particularly Michael Schrage, whose knowledge and dedication are unsurpassed and whose knowledge of basketball is in no way attributable to his uncle, Representative Kurt Granberg; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Coach Mike Krzyzewski, Michael Schrage and the other members of Coach
29 [May 2, 2001] Krzyzewski's staff, and the Duke Blue Devil players for their outstanding season and their 2001 NCAA Men's Basketball National Championship; and be it further RESOLVED, That suitable copies of this Resolution be delivered to Mike Krzyzewski and Michael Schrage with our best wishes for their continued success. HOUSE RESOLUTION 267 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone achievements in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Marisa Colardo Garlich, an ESL Student of "The Reading Link", an adult literacy program of Kaskaskia College, has been selected as one of ten outstanding adult literacy students in Illinois to receive a Spotlight on Achievement Award sponsored by the Illinois Secretary of State's office and the Illinois Press Association; and WHEREAS, The Spotlight on Achievement Award is presented to a literacy or ESL Student who has worked with a volunteer tutor in a State literacy program during the past year; and WHEREAS, Marisa Colardo Garlich is a native of the Philippines who came to Southern Illinois in 1990 with very limited English skills and only a primary education in her native country; she became a student with "The Reading Link" program in 1990 and has been studying diligently for more than ten years to achieve her goal of literacy; and WHEREAS, She has achieved intermediate reading and writing skills, obtained a driver's license, maintains a full-time job, and has become a full-fledged United States citizen; and WHEREAS, Marisa Colardo Garlich is the mother of two boys, and a full-time employee who meets weekly with her tutor to continue her improvement in her reading, writing and math skills so that she can obtain her GED in the future; and WHEREAS, Marisa Colardo Garlich is very energetic and willing to express to other how "The Reading Link" literacy program has changed her life; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Marisa Colardo Garlich on being the recipient of a Spotlight on Achievement Award; and be it further RESOLVED, That a suitable copy of this resolution be presented to Marisa Colardo Garlich as an expression of our esteem. HOUSE RESOLUTION 268 Offered by Representative O'Brien: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Daniel J. Jerbi is retiring from his duties as principal of Gardner South Wilmington High School at the conclusion of the 2001 school year; and WHEREAS, Daniel Joseph Jerbi was born on May 12, 1945, in South Wilmington, Illinois, to J. Eba and M. Novi Jerbi; he attended South-Wilmington Elementary School and Gardner-South Wilmington High School; he received his bachelor's degree in history and speech from Marquette University, and his master's degree in educational administration from Illinois State University; and WHEREAS, After graduation, Mr. Jerbi returned to his hometown of South Wilmington as a social studies teacher at South Wilmington Elementary School from 1968 until 1971 and as a social studies and speech teacher at Gardner-South Wilmington High School from 1971 until 1985; from 1985 through 2001 he served as principal at Gardner-South Wilmington High School; and WHEREAS, Mr. Jerbi has been active in the Big Brother/Big Sister
[May 2, 2001] 30 program and has helped registered students to vote; he has served as an IHSA basketball official since 1970 and as a USSSA Softball Umpire since 1993; from 1995 through 1999, he served as a United States Naval Academy Information Officer; and he has been a member of the Illinois Principals Association since 1985; and WHEREAS, Daniel J. Jerbi is supported by his very proud and loving family, all fellow Gardner-South Wilmington High School graduates, which includes his wife, Evelyn, his sons, Philip (wife, Kathy), and Matthew (wife, Kerenza); and granddaughter, Alexandra Lynn Jerbi; and WHEREAS, Daniel Jerbi is looking forward to life after retirement where he will enjoy time with his family, especially his new granddaughter, working in his yard, and avoiding devices that clutter up the human mind such as telephones, computers, and fax machines; he also plans to work in a vocation that will give him the opportunity to help others; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Daniel Joseph Jerbi on his retirement from his duties as principal of Gardner-South Wilmington HIgh School; and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Daniel J. Jerbi as an expression of our esteem. HOUSE RESOLUTION 269 Offered by Representative Johnson: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Charles Berglund is retiring from his duties as the Chairman of the Speech Arts Department at Glenbard North High School in Carol Stream, Illinois; and WHEREAS, Charles Berglund has been an educator for the past thirty-six years; of that, thirty-one years have been at Glenbard North and five years at Glenbard East High School in Lombard, Illinois; and WHEREAS, Charles Berglund has directed over sixty plays and musicals during his tenure at Glenbard North; and WHEREAS, In March of 2001, Charles Berglund was the recipient of the Coca Cola Educator of the Month award; this award was voted on by his colleagues; and WHEREAS, Charles Berglund has also served as Executive Director of the Illinois State Theatre Festival and as a member of the executive board of the Illinois Theatre Association; and WHEREAS, After his retirement, Charles Berglund plans to pursue an acting career; and WHEREAS, On May 25, 2001, the faculty and staff at Glenbard North High School will host a party in celebration of Charles Berglund's retirement; former students from every year he taught will be attending as a tribute to how his years as a devoted educator has made an impact on their lives; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Charles Berglund on his retirement from Glenbard North High School and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Charles Berglund as an expression of our esteem. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 12:43 o'clock p.m. SENATE BILLS ON SECOND READING
31 [May 2, 2001] SENATE BILL 979. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 979 AMENDMENT NO. 1. Amend Senate Bill 979 on page 3, line 20, after "liability", by inserting ", except for willful and wanton conduct,"; and on page 3, line 24, after "liability", by inserting ", except for willful and wanton conduct,"; and on page 3, line 28, after "claims", by inserting ", except a claim based on willful and wanton conduct,". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Smith, SENATE BILL 12 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 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. On motion of Representative Hultgren, SENATE BILL 660 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 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. On motion of Representative Retiz, SENATE BILL 1084 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 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Feigenholtz, SENATE BILL 1254 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 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
[May 2, 2001] 32 Ordered that the Clerk inform the Senate. On motion of Representative Jerry Mitchell, SENATE BILL 1293 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 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. On motion of Representative Feigenholtz, SENATE BILL 1303 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 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Brunsovld, SENATE BILL 1098 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 8) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Bellock, SENATE BILL 1341 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 103, Yeas; 10, Nays; 1, 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. RESOLUTIONS HOUSE RESOLUTION 275 was taken up for consideration. Representative Daniels offered the following resolution: HOUSE RESOLUTION 275 WHEREAS, Lynda Lee Ladley was born on October 2, 1941 in Ashland, Illinois; the loving daughter of John T. and Mardelle Canfield; and WHEREAS, Following an education in public schools, Mrs. Ladley moved to Springfield and began a distinguished 34-year career in State government as a telecommunications operator in the Secretary of State's Index Division, later accepting a position as a legislative secretary and a committee clerk with the Illinois House of Representatives; and WHEREAS, In 1971, Mrs. Ladley was assigned as a secretary to a group of legislators that included a freshman Republican from Kankakee, George H. Ryan; and WHEREAS, While Mr. Ryan moved through the ranks of State government, he called on Mrs. Ladley for 30 years to organize and administer his executive office as he fulfilled his obligations as House Republican Leader, Speaker of the House, Lieutenant Governor,
33 [May 2, 2001] Secretary of State, and Governor; and WHEREAS, Mrs. Ladley also organized and supervised a succession of clerical support staff in the legislative and executive branches of government; and WHEREAS, Mrs. Ladley was a friend, mentor, and mother confessor to a generation of officers and legislators from both sides of the political aisle, countless State workers, and members of Mr. Ryan's extended staff; and WHEREAS, Mrs. Ladley deftly handled all assignments with a constant, infectious good humor that charmed everyone who entered her presence, as well as grace, dignity, and a high standard of professionalism; and WHEREAS, Mrs. Ladley was a board member of Illinois Inaugural 1999 and the co-chair of the Inaugural "Relay for Life" of the Sangamon County chapter of the American Cancer Society, and supported several charities as well as the Episcopal Cathedral Church of St. Paul in Springfield; and WHEREAS, Mrs. Ladley is survived by her husband, Ronald; her mother; three daughters, Nancy, Patricia, and Milynda; her three stepdaughters, Cynthia, Ronda, and Judith; her brother, Wayne; her ten grandchildren; and several nieces and nephews; and WHEREAS, Mrs. Ladley succumbed to a lingering illness on April 28, 2001, bringing to a close a life dedicated to the well-being and service of her family and friends; and WHEREAS, Members of the Illinois House of Representatives are deeply saddened to learn of Mrs. Ladley's passing; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our deepest sympathy to the family and friends of Lynda Lee Ladley and our desire that her memory and good works be honored sine die; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Lynda Lee Ladley with our sincere condolences. Representative Daniels then moved for the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILLS 20, 37, 49, 133, 153, 233, 286, 325, 394, 434, 500, 544, 677, 686, 817, 938, 980, 1017, 1046 and 1166. SENATE BILL 265. 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 SENATE BILL 265 AMENDMENT NO. 1. Amend Senate Bill 265 as follows: on page 1, by inserting after line 18 the following: "Section 10. The Illinois Controlled Substances Act is amended by adding Section 407.3 as follows: (720 ILCS 570/ 407.3 new) Sec. 407.3. Presence of a person under 18 during illegal delivery of controlled, counterfeit, or look-alike substance. A person 18 years of age or over who violates Section 401, 404, or 405 of this Act and who during the commission of the offense knowingly causes a person under 18 years of age to witness the commission of the offense is guilty of a Class 1 felony.".
[May 2, 2001] 34 There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 390. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 390 AMENDMENT NO. 1. Amend Senate Bill 390 on page 1, line 22, after the period, by inserting the following: "No person shall be liable for civil damages or subject to professional discipline based on a claim of violating a patient's right to confidentiality as a result of making a reasonable inquiry as to the availability of a patient's family member or health care agent, except for willful or wanton misconduct.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 401. 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 SENATE BILL 401 AMENDMENT NO. 1. Amend Senate Bill 401 as follows: on page 24, line 22, by adding "and by adding Section 102-23" after "115-10"; and on page 24, by inserting between lines 22 and 23 the following: "(725 ILCS 5/102-23 new) Sec. 102-23. Moderately mentally retarded person" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired."; and on page 24, by replacing line 25 with the following: "moderately, severely, or profoundly mentally retarded person
35 [May 2, 2001] "the child or moderately, severely, or profoundly mentally retarded"; and on page 25, by replacing line 34 with the following: "or guardian of the child or moderately, severely, or profoundly"; and on page 26, by replacing line 2 with the following: "(e) During the child's or moderately, severely, or profoundly"; and on page 26, by replacing line 8 with the following: "the persons in the room where the child or moderately, severely, or"; and on page 26, by replacing lines 26 and 27 with the following: "person who was a moderately,
[May 2, 2001] 36 shall be required to undergo an evaluation by a program licensed by the Department of Human Services to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem. Programs conducting these evaluations shall be licensed by the Department of Human Services. The person shall be required to complete the program's recommendation for intervention in accordance with the rules adopted by the Department of Human Services unless otherwise ordered by the court. The cost of any such evaluation or compliance with any intervention recommendation shall be paid for by the person, subject to rules governing indigents as provided for by the Department of Human Services.
37 [May 2, 2001] the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer. (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act. (Source: P.A. 87-299.) (430 ILCS 65/4) (from Ch. 38, par. 83-4) Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must: (1) Make application on blank forms prepared and furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and (2) Submit evidence
[May 2, 2001] 38 is over the age of 18 shall furnish to the Department of State Police either his or her driver's license number or Illinois Identification Card number. (b) Each application form shall include the following statement printed in bold type: "Warning: Entering false information on an application for a Firearm Owner's Identification Card is punishable as a Class 2 felony in accordance with subsection (d-5) of Section 14 of the Firearm Owners Identification Card Act.
39 [May 2, 2001] of his or her residence for a hearing upon such denial, revocation, or seizure. (b) At least 30 days before any hearing in the circuit court, the petitioner shall serve the relevant State's Attorney with a copy of the petition. The State's Attorney may object to the petition and present evidence. At the hearing the court shall determine whether substantial justice has been done. Should the court determine that substantial justice has not been done, the court shall issue an order directing the Department of State Police to issue a Card.
[May 2, 2001] 40 Section 10. The Code of Criminal Procedure of 1963 is amended by changing Section 110-10 as follows: (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) Sec. 110-10. Conditions of bail bond. (a) If a person is released prior to conviction, either upon payment of bail security or on his or her own recognizance, the conditions of the bail bond shall be that he or she will: (1) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court; (2) Submit himself or herself to the orders and process of the court; (3) Not depart this State without leave of the court; (4) Not violate any criminal statute of any jurisdiction; (5) At a time and place designated by the court, surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of either the Illinois Controlled Substances Act or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; all legally possessed firearms shall be returned to the person upon that person completing a sentence for a conviction on a misdemeanor domestic battery, upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and (6) At a time and place designated by the court, submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 and that violation occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school. Psychological evaluations ordered pursuant to this Section shall be completed promptly and made available to the State, the defendant, and the court. As a further condition of bail under these circumstances, the court shall order the defendant to refrain from entering upon the property of the school, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation, either the State or the defendant may request a change in the conditions of bail, pursuant to Section 110-6 of this Code. The court may change the conditions of bail to include a requirement that the defendant follow the recommendations of the psychological evaluation, including undergoing psychiatric treatment. The conclusions of the psychological evaluation and any statements elicited from the defendant during its administration are not admissible as evidence of guilt during the course of any trial on the charged offense, unless the defendant places his or her mental competency in issue. (b) The court may impose other conditions, such as the following, if the court finds that such conditions are reasonably necessary to assure the defendant's appearance in court, protect the public from the defendant, or prevent the defendant's unlawful interference with the orderly administration of justice: (1) Report to or appear in person before such person or agency as the court may direct; (2) Refrain from possessing a firearm or other dangerous weapon;
41 [May 2, 2001] (3) Refrain from approaching or communicating with particular persons or classes of persons; (4) Refrain from going to certain described geographical areas or premises; (5) Refrain from engaging in certain activities or indulging in intoxicating liquors or in certain drugs; (6) Undergo treatment for drug addiction or alcoholism; (7) Undergo medical or psychiatric treatment; (8) Work or pursue a course of study or vocational training; (9) Attend or reside in a facility designated by the court; (10) Support his or her dependents; (11) If a minor resides with his or her parents or in a foster home, attend school, attend a non-residential program for youths, and contribute to his or her own support at home or in a foster home; (12) Observe any curfew ordered by the court; (13) Remain in the custody of such designated person or organization agreeing to supervise his release. Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court; (14) Be placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections; (14.1) The court shall impose upon a defendant who is charged with any alcohol, cannabis or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee that represents costs incidental to the electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code; (14.2) The court shall impose upon all defendants, including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee which shall represent costs incidental to such electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be; (15) Comply with the terms and conditions of an order of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory; (16) Under Section 110-6.5 comply with the conditions of the drug testing program; and (17) Such other reasonable conditions as the court may impose. (c) When a person is charged with an offense under Section 12-13,
[May 2, 2001] 42 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961", involving a victim who is a minor under 18 years of age living in the same household with the defendant at the time of the offense, in granting bail or releasing the defendant on his own recognizance, the judge shall impose conditions to restrict the defendant's access to the victim which may include, but are not limited to conditions that he will: 1. Vacate the Household. 2. Make payment of temporary support to his dependents. 3. Refrain from contact or communication with the child victim, except as ordered by the court. (d) When a person is charged with a criminal offense and the victim is a family or household member as defined in Article 112A, conditions shall be imposed at the time of the defendant's release on bond that restrict the defendant's access to the victim. Unless provided otherwise by the court, the restrictions shall include requirements that the defendant do the following: (1) refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release; and (2) refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release. (e) Local law enforcement agencies shall develop standardized bond forms for use in cases involving family or household members as defined in Article 112A, including specific conditions of bond as provided in subsection (d). Failure of any law enforcement department to develop or use those forms shall in no way limit the applicability and enforcement of subsections (d) and (f). (f) If the defendant is admitted to bail after conviction the conditions of the bail bond shall be that he will, in addition to the conditions set forth in subsections (a) and (b) hereof: (1) Duly prosecute his appeal; (2) Appear at such time and place as the court may direct; (3) Not depart this State without leave of the court; (4) Comply with such other reasonable conditions as the court may impose; and, (5) If the judgment is affirmed or the cause reversed and remanded for a new trial, forthwith surrender to the officer from whose custody he was bailed. (g) Upon a finding of guilty for any felony offense, the defendant shall physically surrender, at a time and place designated by the court, any and all firearms in his or her possession and his or her Firearm Owner's Identification Card as a condition of remaining on bond pending sentencing. (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) Section 15. The Unified Code of Corrections is amended by changing Section 5-6-3 as follows: (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of Probation and of Conditional Discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) report to or appear in person before such person or agency as directed by the court; (3) refrain from possessing a firearm or other dangerous weapon; (4) not leave the State without the consent of the court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer; (5) permit the probation officer to visit him at his home or elsewhere to the extent necessary to discharge his duties; (6) perform no less than 30 hours of community service and not more than 120 hours of community service, if community service
43 [May 2, 2001] is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; (7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5-6-4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
[May 2, 2001] 44 (ii) attend school; (iii) attend a non-residential program for youth; (iv) contribute to his own support at home or in a foster home; (8) make restitution as provided in Section 5-5-6 of this Code; (9) perform some reasonable public or community service; (10) serve a term of home confinement. In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender: (i) remain within the interior premises of the place designated for his confinement during the hours designated by the court; (ii) admit any person or agent designated by the court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and (iii) if further deemed necessary by the court or the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V; (iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code; and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case; (12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced; (13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the
45 [May 2, 2001] defendant was sentenced, to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act; (14) refrain from entering into a designated geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge; (15) refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers; (16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. (c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If such person is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment. (d) An offender sentenced to probation or to conditional discharge shall be given a certificate setting forth the conditions thereof. (e) The court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months. This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections. (f) The court may combine a sentence of periodic imprisonment under Article 7 or a sentence to a county impact incarceration program under Article 8 with a sentence of probation or conditional discharge. (g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts, or to another state under an Interstate Probation Reciprocal Agreement as provided in Section 3-3-11. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the
[May 2, 2001] 46 same powers as the sentencing court. (i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992, as a condition of such probation or conditional discharge, a fee of $25 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is made a ward of the State under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1080. 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 SENATE BILL 1080 AMENDMENT NO. 1. Amend Senate Bill 1080 as follows: on page 2, line 3, by deleting "12-15,"; and on page 3, line 1, by deleting "12-15,". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1521. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1521 AMENDMENT NO. 1. Amend Senate Bill 1521 by replacing the title with the following: "AN ACT relating to education."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Illinois Future Teacher Corps Scholarship Fund. Section 10. The Higher Education Student Assistance Act is amended by adding Section 65.65 as follows:
47 [May 2, 2001] (110 ILCS 947/65.65 new) Sec. 65.65. Illinois Future Teacher Corps Scholarships. (a) In this Section: "Fees" means matriculation, graduation, activity, term, or incidental fees. "Fees" does not include any other fees, including book rental, service, laboratory, supply, and union building fees, hospital and medical insurance fees, and any fees established for the operation and maintenance of buildings the income of which is pledged to the payment of interest and principal on bonds issued by the governing board of an institution of higher learning. "Shortage" means an unfilled teaching position or one that is filled but is occupied by a person who is not fully certified by the State for that teaching position at the start of the school year. "Scholarship" means an Illinois Future Teacher Corps Scholarship. "Tuition and other necessary fees" includes the customary charge for instruction and use of facilities in general and the additional fixed fees charged for specified purposes that are required generally of non-scholarship recipients for each academic term for which the recipient of a scholarship under this Section actually enrolls. "Tuition and other necessary fees" does not include fees payable only once or breakage fees and other contingent deposits that are refundable in whole or in part. "Tuition and other necessary fees" does not include expenses for any sectarian or denominational instruction, for the construction or maintenance of sectarian or denominational facilities, or for any other sectarian or denominational purposes or activity. (b) A program is created to provide new teacher training scholarships, to be known as Illinois Future Teacher Corps Scholarships. The scholarships are for full-time undergraduate and graduate students pursuing studies at qualified institutions of higher learning leading to teacher certification in this State. To receive a scholarship, a graduate student must be seeking retraining, from another field, to enter a teaching career. No more than half of the scholarships shall be awarded to graduate students seeking retraining. (c) The Commission, in accordance with rules adopted for the program created under this Section, shall provide funding, determine the eligibility of applicants, and designate each year's new recipients from among those applicants who qualify for consideration by showing: (1) that he or she is a resident of this State and a citizen or a lawful permanent resident alien of the United States; (2) that he or she (i) has successfully completed the program of instruction at an approved high school or (ii) is a student in good standing at that school and is enrolled in a program of instruction that will be completed by the end of the school year and, in either event, that his or her cumulative grade point average was or is in the upper one-third of his or her high school class; (3) that he or she has a superior capacity to profit by a higher education; and (4) that he or she intends to teach in an elementary or secondary school in this State. (d) If for any academic year the number of qualified applicants exceeds the number of scholarships to be awarded, the Commission shall prioritize the awarding of scholarships to applicants by considering (i) identified teacher shortage areas established by the State Board of Education and (ii) an applicant's cumulative class rank in high school or, for graduate student applicants, total undergraduate cumulative grade point average. (e) Unless otherwise indicated, scholarships shall be good for a period of up to 4 academic years while the recipient is enrolled for full-time residence credit at a qualified institution of higher learning. Each academic year, the scholarship shall cover tuition and other necessary fees for 2 semesters plus the summer session or 4 quarters. For purposes of calculating scholarship assistance for recipients attending private institutions of higher learning, tuition and other necessary fees for students at private institutions shall not
[May 2, 2001] 48 exceed the average tuition and other necessary fees for students at State universities for the academic year in which the scholarship is made. (f) Before receiving scholarship assistance, a scholarship recipient shall be required by the Commission to sign an agreement under which the recipient pledges that, within the 5-year period following the completion of the academic program for which the recipient was awarded a scholarship, the recipient (i) shall teach for a period of not less than 4 years for each academic year of scholarship assistance that he or she was awarded, (ii) shall fulfill this teaching obligation at a public or nonprofit private preschool, elementary school, or secondary school in this State, and (iii) shall, upon request by the Commission, provide the Commission with evidence that he or she is fulfilling or has fulfilled the terms of the teaching agreement provided for in this subsection (f). (g) If a scholarship recipient fails to fulfill the teaching obligation set forth in subsection (f) of this Section, the Commission shall require the recipient to repay the amount of the scholarship assistance received, at a rate of interest equal to 5%, and, if applicable, reasonable collection fees. The Commission may establish rules relating to its collection activities for the repayment of scholarships. All repayments collected under this Section shall be forwarded to the State Comptroller for deposit into the General Revenue Fund. A scholarship recipient shall not be considered in violation of the agreement entered into pursuant to subsection (f) of this Section if the recipient (i) enrolls on a full-time basis as a graduate student in a course of study related to the field of teaching at a qualified institution of higher learning, (ii) is serving as a member of the armed services of the United States for a period of time not to exceed 3 years, (iii) is temporarily totally disabled for a period of time not to exceed 3 years, as established by sworn affidavit of a qualified physician, (iv) is seeking and unable to find full-time employment as a teacher at a public or nonprofit private preschool, elementary school, or secondary school that satisfies the criteria set forth in subsection (f) of this Section and is able to provide evidence of that fact, or (v) becomes permanently totally disabled, as established by sworn affidavit of a qualified physician. No claim for repayment may be filed against the estate of a decedent or incompetent. Each person applying for a scholarship shall be provided with a copy of this subsection (g) at the time he or she applies for the scholarship. (h) The Commission may prescribe, by rule, detailed provisions concerning the computation of tuition and other necessary fees, which must not be inconsistent with this Section. (i) If an applicant for a scholarship under this Section accepts another teacher preparation scholarship administered by the Commission for the same academic year as the scholarship under this Section, that applicant shall not be eligible for a scholarship under this Section. (j) To continue receiving scholarship assistance, a scholarship recipient must remain a full-time student and must maintain a cumulative grade point average at the postsecondary level of no less than 2.5 on a 4.0 scale. (k) A scholarship shall not be awarded to or continued for anyone who has been convicted of a criminal offense that would disqualify that person from receiving teacher certification in this State. (l) If a scholarship recipient satisfies the president of the institution of higher learning in which the recipient is enrolled (or someone designated by the president) that the recipient requires a leave of absence for the purpose of earning funds to defray his or her expenses while enrolled in the institution, for study abroad or internship study, or on account of illness or military service, then leave may be granted for a period of time not to exceed 6 years (with time spent in the armed forces not included as part of this time limit) without violating the agreement entered into pursuant to subsection (f) of this Section.
49 [May 2, 2001] (m) Scholarship amounts due to an institution of higher learning shall be payable by the Comptroller to that institution on vouchers approved by the Commission. (n) The Commission shall administer the program created under this Section and shall adopt all necessary and proper rules not inconsistent with this Section for the program's effective implementation. All applications for scholarship assistance shall be made to the Commission in a form as set forth by the Commission. The form of application and the information required to be set forth in the application shall be determined by the Commission, and the Commission shall require applicants to submit with their applications any supporting documents that the Commission deems necessary. (o) If an appropriation to the Commission for a given fiscal year is insufficient to provide scholarships to all qualified applicants, then the Commission shall allocate the available scholarship funds for that fiscal year on the basis of the date the Commission receives a complete application form from a qualified applicant. Section 15. The Illinois Vehicle Code is amended by adding Section 3-648 as follows: (625 ILCS 5/3-648 new) Sec. 3-648. Education license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Education license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be determined by a contest that every elementary school pupil in the State of Illinois is eligible to enter. The designs submitted for the contest shall be judged on September 30, 2002, and the winning design shall be selected by a committee composed of the Secretary, the Director of State Police, 2 members of the Senate, one member chosen by the President of the Senate and one member chosen by the Senate Minority Leader, and 2 members of the House of Representatives, one member chosen by the Speaker of the House and one member chosen by the House Minority Leader. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance, in addition to the appropriate registration fee. Of this $40 additional original issuance fee, $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs, and $25 shall be deposited into the Illinois Future Teacher Corps Scholarship Fund. For each registration renewal period, a $40 fee, in addition to the appropriate registration fee, shall be charged. Of this $40 additional renewal fee, $2 shall be deposited into the Secretary of State Special License Plate Fund and $38 shall be deposited into the Illinois Future Teacher Corps Scholarship Fund. Each fiscal year, once deposits from the additional original issuance and renewal fees into the Secretary of State Special License Plate Fund have reached $500,000, all the amounts received for the additional fees for the balance of the fiscal year shall be deposited into the Illinois Future Teacher Corps Scholarship Fund. (d) The Illinois Future Teacher Corps Scholarship Fund is created as a special fund in the State treasury. All moneys in the Illinois Future Teacher Corps Scholarship Fund shall be appropriated to the Illinois Student Assistance Commission for scholarships under Section 65.65 of the Higher Education Student Assistance Act. Section 99. Effective date. This Act takes effect upon becoming law.".
[May 2, 2001] 50 There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. At the hour of 1:55 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, May 3, 2001, at 1:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
51 [May 2, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUOURM ROLL CALL FOR ATTENDANCE MAY 02, 2001 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER P BOLAND P GILES P McAULIFFE E SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER P SMITH P BUGIELSKI P HOEFT P MILLER E SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK P MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD P MOFFITT P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY P JONES,SHIRLEY P NOVAK P WINTERS P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
[May 2, 2001] 52 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 12 PRAIRIE PARK-NAME DESIGNATION THIRD READING PASSED MAY 02, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
53 [May 2, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 660 VEH CD-FOURTH DUI-CLASS 1 THIRD READING PASSED MAY 02, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 2, 2001] 54 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1084 COUNTIES CD-BOARD OF APPEALS THIRD READING PASSED MAY 02, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE A JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
55 [May 2, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1254 INSURANCE-TECH THIRD READING PASSED MAY 02, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 2, 2001] 56 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1293 SCH CD-SUBSTITUTE TEACH LIMIT THIRD READING PASSED MAY 02, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE A JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
57 [May 2, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1303 DCFS-CHILD PLACEMENT-SIBLINGS THIRD READING PASSED MAY 02, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 2, 2001] 58 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1098 VEH CD-SEIZED PROPERTY-RETURN THIRD READING PASSED MAY 02, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
59 [May 2, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1341 INS SERIOUS MENTAL ILLNESS THIRD READING PASSED MAY 02, 2001 103 YEAS 10 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY N HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN N TURNER,JOHN Y CROTTY P JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG N PARKE A MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence