STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
62ND LEGISLATIVE DAY
MONDAY, MAY 21, 2001
4:00 O'CLOCK P.M.
NO. 62
[May 21, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 62nd Legislative Day Action Page(s) Adjournment........................................ 61 Committee on Rules Referrals....................... 10 Extending the Deadline............................. 8 Fiscal Note Note Withdrawn......................... 13 Introduction and First Reading - HB3625-3625....... 18 Quorum Roll Call................................... 5 Reports............................................ 5 Bill Number Legislative Action Page(s) HB 0002 Motion Submitted................................... 12 HB 0039 Motion Submitted................................... 12 HB 0161 Committee Report - Concur in SA.................... 9 HB 0183 Committee Report - Concur in SA.................... 9 HB 0201 Motion Submitted................................... 10 HB 0293 Motion Submitted................................... 12 HB 0445 Motion Submitted................................... 12 HB 0512 Motion Submitted................................... 10 HB 0632 Committee Report - Concur in SA.................... 9 HB 0678 Motion Submitted................................... 10 HB 0846 Committee Report - Concur in SA.................... 9 HB 0854 Motion Submitted................................... 12 HB 1000 Motion Submitted................................... 11 HB 1048 Committee Report - Concur in SA.................... 9 HB 1096 Motion Submitted................................... 11 HB 1270 Motion Submitted................................... 12 HB 1277 Motion Submitted................................... 11 HB 1356 Motion Submitted................................... 11 HB 1623 Motion Submitted................................... 11 HB 1640 Motion Submitted................................... 12 HB 1692 Motion Submitted................................... 11 HB 1694 Committee Report - Concur in SA.................... 9 HB 1695 Motion Submitted................................... 12 HB 1728 Motion Submitted................................... 12 HB 1774 Committee Report................................... 9 HB 1810 Motion Submitted................................... 12 HB 1915 Committee Report - Concur in SA.................... 10 HB 1970 Motion Submitted................................... 11 HB 2088 Committee Report - Concur in SA.................... 10 HB 2161 Motion Submitted................................... 11 HB 2265 Motion Submitted................................... 11 HB 2276 Motion Submitted................................... 11 HB 2391 Motion Submitted................................... 13 HB 2419 Motion Submitted................................... 12 HB 2528 Committee Report - Concur in SA.................... 10 HB 2602 Motion Submitted................................... 11 HB 2807 Motion Submitted................................... 11 HB 2865 Committee Report - Concur in SA.................... 10 HB 2994 Committee Report - Concur in SA.................... 10 HB 3003 Committee Report - Concur in SA.................... 10 HB 3014 Motion Submitted................................... 11 HB 3128 Motion Submitted................................... 13 HB 3204 Committee Report - Concur in SA.................... 10 HB 3214 Committee Report - Concur in SA.................... 10 HB 3247 Motion Submitted................................... 12 HB 3576 Motion Submitted................................... 13 HJR 0026 Committee Report-Floor Amendment/s................. 9
3 [May 21, 2001] Bill Number Legislative Action Page(s) HJR 0044 Resolution......................................... 27 HR 0311 Adoption........................................... 60 HR 0312 Adoption........................................... 60 HR 0313 Adoption........................................... 60 HR 0314 Adoption........................................... 60 HR 0316 Adoption........................................... 60 HR 0317 Adoption........................................... 60 HR 0318 Adoption........................................... 60 HR 0318 Adoption........................................... 60 HR 0319 Adoption........................................... 60 HR 0320 Adoption........................................... 60 HR 0321 Adoption........................................... 60 HR 0322 Adoption........................................... 60 HR 0323 Adoption........................................... 60 HR 0324 Adoption........................................... 60 HR 0325 Adoption........................................... 60 HR 0327 Adoption........................................... 60 HR 0328 Adoption........................................... 60 HR 0328 Adoption........................................... 60 HR 0330 Adoption........................................... 60 HR 0330 Agreed Resolution.................................. 18 HR 0331 Adoption........................................... 60 HR 0331 Agreed Resolution.................................. 19 HR 0332 Adoption........................................... 28 HR 0332 Adoption........................................... 60 HR 0332 Agreed Resolution.................................. 19 HR 0333 Resolution......................................... 24 HR 0334 Resolution......................................... 25 HR 0335 Agreed Resolution.................................. 20 HR 0336 Adoption........................................... 60 HR 0336 Agreed Resolution.................................. 21 HR 0337 Adoption........................................... 60 HR 0337 Agreed Resolution.................................. 21 HR 0338 Adoption........................................... 60 HR 0338 Agreed Resolution.................................. 21 HR 0339 Adoption........................................... 60 HR 0339 Agreed Resolution.................................. 22 HR 0340 Resolution......................................... 26 HR 0341 Adoption........................................... 60 HR 0341 Agreed Resolution.................................. 23 HR 0342 Resolution......................................... 27 HR 0343 Adoption........................................... 60 HR 0343 Agreed Resolution.................................. 23 HR 0344 Adoption........................................... 60 HR 0344 Agreed Resolution.................................. 24 SB 0028 Third Reading...................................... 28 SB 0095 Committee Report-Floor Amendment/s................. 9 SB 0095 Second Reading - Amendment/s....................... 35 SB 0113 Committee Report-Floor Amendment/s................. 9 SB 0117 Committee Report-Floor Amendment/s................. 9 SB 0267 Second Reading - Amendment/s....................... 30 SB 0372 Committee Report-Floor Amendment/s................. 9 SB 0397 Committee Report-Floor Amendment/s................. 9 SB 0397 Second Reading - Amendment/s....................... 30 SB 0406 Committee Report-Floor Amendment/s................. 9 SB 0406 Second Reading - Amendment/s....................... 31 SB 0417 Second Reading..................................... 35 SB 0417 Third Reading...................................... 35 SB 0461 Recall............................................. 29 SB 0725 Committee Report-Floor Amendment/s................. 9 SB 0725 Second Reading - Amendment/s....................... 35 SB 0730 Committee Report-Floor Amendment/s................. 9 SB 0789 Committee Report-Floor Amendment/s................. 9 SB 0789 Second Reading - Amendment/s....................... 36
[May 21, 2001] 4 Bill Number Legislative Action Page(s) SB 0833 Third Reading...................................... 28 SB 0834 Third Reading...................................... 29 SB 0852 Third Reading...................................... 29 SB 0858 Third Reading...................................... 29 SB 0861 Second Reading..................................... 30 SB 0862 Second Reading..................................... 30 SB 0880 Third Reading...................................... 29 SB 0884 Third Reading...................................... 29 SB 0887 Second Reading - Amendment/s....................... 36 SB 0898 Third Reading...................................... 29 SB 0899 Committee Report-Floor Amendment/s................. 9 SB 0899 Second Reading - Amendment/s....................... 50 SB 0915 Committee Report-Floor Amendment/s................. 9 SB 0989 Committee Report-Floor Amendment/s................. 9 SB 0991 Second Reading..................................... 30 SB 0991 Third Reading...................................... 50 SB 0994 Committee Report-Floor Amendment/s................. 9 SB 1039 Committee Report-Floor Amendment/s................. 9 SB 1102 Third Reading...................................... 30 SB 1128 Committee Report................................... 9 SB 1128 Extend Deadline.................................... 9 SB 1176 Committee Report-Floor Amendment/s................. 9 SB 1234 Committee Report-Floor Amendment/s................. 9 SB 1259 Second Reading - Amendment/s....................... 51 SB 1276 Committee Report-Floor Amendment/s................. 9 SB 1276 Second Reading - Amendment/s....................... 51 SB 1309 Committee Report-Floor Amendment/s................. 9 SB 1309 Second Reading - Amendment/s....................... 51 SB 1522 Committee Report-Floor Amendment/s................. 9 SB 1522 Second Reading - Amendment/s....................... 58 SJR 0006 Senate Message..................................... 14 SJR 0026 Senate Message..................................... 16 SJR 0029 Senate Message..................................... 17 SJR 0032 Senate Message..................................... 18
5 [May 21, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Mark Else of the Calvary Church of the Nazarene in Crestwood, Illinois. Representative Hartke 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 Delgado, Giles and Sommer were excused from attendance. REPORTS The Clerk of the House acknowledges receipt of the following correspondence: A Quarterly Procurement Activity Report, submitted by the Metropolitan Pier and Exposition Authority. Audit report, submitted by Western Illinois University. Audit report, submitted by WIU Foundation. Audit report, submitted by Health Facilities Authority. Audit report, submitted by Rural Bond Bank. Audit report. submitted by Housing Development Authority. Audit report, submitted by Farm Development Authority. Audit report, submitted by Development Finance Authority. A report on the activity of all funds received into the Social Services Block Grant Fund, submitted by Illinois Department of Human Services. Report on Flexible Work Requirements Policy Statement, submitted by the Illinois Department of Professional Regulation. Executive Summary FY 2000 report, submitted by Comptroller Daniel W. Hynes. Report on Illinois Alzheimer's Disease Assistance Plane, submitted by Illinois Department of Public Health. Report in Response the House Resolution 19, submitted by Illinois Board of Higher Education. Report on 10-Year Plan 2001-2010, submitted by the Illinois State Toll Highway Authority. Report on Public Act 87-552 Biennial Report 2001, submitted by Illinois Department of Public Aid. Auditor's Agreed Upon Procedures report, submitted by Illinois Department of Agriculture. Audit report, submitted by Historic Preservation Agency. Audit report, submitted by DuQuoin State Fair. Audit report, submitted by Illinois State Fair.
[May 21, 2001] 6 Audit report, submitted by Health Care Cost Containment Council. Audit report, submitted by Illinois Mathematics and Science Academy. Audit report, submitted by IMSA Fund. Audit report, submitted by Industrial Commission - Self - Insurers Fund. Audit report, submitted by Racing Board. Report on Tobacco Settlement Update, submitted by Illinois Economic and Fiscal Commission. Report and Recommendations 1999, submitted by Illinois Child Death Review Teams. Audit report, submitted by the Office of the Treasurer - Illinois Funds. Audit report, submitted by Department of Central Management Services. Audit report, submitted by Department of Commerce and Community Affairs. Audit report, submitted by Illinois Conservation Foundation. Audit report, submitted by Illinois Community College Board. Audit report, submitted by Illinois Community College System Foundation. Report on Preliminary FY2002 Revenue Estimate, submitted by Illinois Economic Fiscal Commission. Report on services, submitted by the National White Collar Crime Center, Inc. Report on Flexible Work Schedule, submitted by Illinois Deaf and Hard of Hearing Commission. Report on Circuit Breaker Property Tax Relief Program and Pharmaceutical Assistance Program, submitted by Illinois Department of Revenue. Public Act 87-522 Reporting, submitted by Illinois Department of Central Management Services. Annual Report Summary, submitted by Illinois Department of Central Management Services. Report covering activities for the FY2000, submitted by Illinois Housing Development Authority. Policy Statement, submitted by the Director of Illinois Department of Insurance. Report on Authority's plan to reduce the need for day care of employees' children outside the home, submitted by Illinois Criminal Justice Information Authority. Annual report, submitted by Illinois Farm Development Authority. Audit report, submitted by Department of the Lottery.
7 [May 21, 2001] Audit report, submitted by Department of Employment Security. Audit report, submitted by Capital Development Board. Audit report, submitted by Property Tax Appeal Board. Audit report, submitted by East St. Louis Financial Advisory Authority. Annual Report on School Breakfast Incentives, submitted by Illinois State Board of Education. Report on Human Services Plan FY2002-FY2003, submitted by Illinois Department of Children and Family Services. Report on Employee Day Care Plan, submitted by Department of Children and Family Services. Report on FY2002 Budget Briefing, submitted by Illinois Department of Children and Family Services. Report on Strategic Plan, submitted by Illinois Community College System. Report on Expenditures for the Title XX Social Services Block Grant FY2000, submitted by Illinois Department of Human Services. Thirteenth Annual Toxic Chemical Report, submitted by Illinois Environmental Protection Agency. Quarterly Financial Report, submitted by Bureau of the Budget. Thirteenth Annual Report on Nonhazardous Solid Waste Management and Landfill Capacity in Illinois, submitted by Illinois Environmental Protection Agency. Report on Environmental Protection Act, submitted by Illinois Environmental Protection Agency. Annual Report on Flex-time Policy, submitted by Department of Central Management Services. Illinois Documents List #3, submitted by Illinois State Library. Report on Teachers' Retirement Insurance Program 2001 Update, submitted by Illinois Economic and Fiscal Commission. Report on Recommendation in Reference to the Report on Waiver of School Code Mandates, submitted by Illinois State Board of Education. 2000 Report on Illinois Child Care, submitted by Illinois Department of Human Services. Flex Time Annual Report 2000, submitted by Illinois Department of Central Management Services. FY2000 Report on the Liabilities of the State Employees Group Insurance Program, submitted by Illinois Economic and Fiscal Commission. 2000 Annual Report, submitted by Illinois Motor Vehicle Theft Prevention Council. FY2002 Legislative Capital Plan Analysis, submitted by Illinois Economic and Fiscal Commission.
[May 21, 2001] 8 Report on Plans to reduce the need for daycare of employees children outside of the home, submitted by Illinois Department of Human Rights. Report on St. Clair County - Signal Hill Hazard Mitigation Project, March 2001, submitted by Illinois Department of Natural Resources. Report on Bonded Indebtedness and Long Term Obligations, submitted by Comptroller Daniel W. Hynes. FY2000 Market Rate Survey of Licensed Child Care Programs in Illinois, submitted by Illinois Department of Human Services. Biennial Report, submitted by Legislative Information System. Report on Department of Children and Family Services, submitted by Office of the Auditor General. Report on Kankakee River Valley Area Airport Authority, submitted by Office of the Auditor General. FY2002-2006 Proposed Highway Improvement Program, submitted by Illinois Department of Transportation. Annual Report on Medical Assistance Program including Long Term Care, submitted by Illinois Department of Public Aid. Report on Legislative Travel Control Board, submitted by the Office of the Auditor General. Report on the study of the educational needs of East St. Louis area, submitted by Illinois Board of Higher Education, Illinois Community College Board, Illinois State Board of Education. Year One Report February 2001, submitted by Governor Ryan's Children and Family Leadership Subcabinet. Report on Winter Damage Repair Initiative Spring 2001, submitted by Illinois Department of Transportation. Annual Financial Statement and Auditor's Report for the FY ending June 30, 2000, submitted by Northeastern Illinois Planning Commission. Audit reports, submitted by Department of Human Services. Audit reports, submitted by Department of Aging. Audit reports, submitted by State Board of Investments - Compliance. Audit reports, submitted by Department of Financial Institutions. Audit reports, submitted by Prairie State 2000 Authority. Audit reports, submitted by Joint Committee on Administrative Rules. EXTENDING THE DEADLINE GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300
9 [May 21, 2001] SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 21, 2001 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised That I have extended the Committee and 3rd Reading Deadline to May 25, 2001 for the following Senate Bill: Senate Bill: 1128 If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 1774. That the bill be reported "recommend be adopted" and be placed on the order of Third Reading -- Standard Debate: SENATE BILL 1128. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to House Joint Resolution 26. Amendment No. 1 to SENATE BILL 95. Amendment No. 3 to SENATE BILL 113. Amendment No. 1 to SENATE BILL 117. Amendment No. 3 to SENATE BILL 372. Amendment No. 2 to SENATE BILL 397. Amendment No. 1 to SENATE BILL 406. Amendment No. 2 to SENATE BILL 725. Motion to table Amendment No. 1 to SENATE BILL 730. Amendment No. 1 to SENATE BILL 789. Amendment No. 1 to SENATE BILL 899. Amendment No. 2 to SENATE BILL 915. Amendment No. 2 to SENATE BILL 989. Amendment No. 1 to SENATE BILL 994. Amendment No. 2 to SENATE BILL 1039. Amendments numbered 2 and 3 to SENATE BILL 1176. Amendment No. 2 to SENATE BILL 1234. Amendment No. 2 to SENATE BILL 1276. Amendment No. 2 to SENATE BILL 1309. Amendment No. 1 to SENATE BILL 1522. That the Motion be reported "recommend be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 161. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 183. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 632. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 846. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1048. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1694.
[May 21, 2001] 10 Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1915. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2088. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2528. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2865. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2994. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3003. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3204. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3214. 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 Appropriations-Public Safety: House Amendments 3 and House Amendment 5 to HOUSE BILL 3505. and Committee on Cities & Villages: House Amendment 2 to SENATE BILL 754. Committee on Commerce & Business Development: House Amendment 1 to SENATE BILL 846. Committee on Counties & Townships: Motion to Concur in Senate Amendment 1 to HOUSE BILL 1972. Committee on Elementary & Secondary Education: HOUSE RESOLUTION 304; HOUSE JOINT RESOLUTION 37. Committee on Executive: Motion to concur in Senate Amendments numbered 1 and 2 to HOUSE BILL 2069, Motion to concur in Senate Amendment 2 to HOUSE BILL 1492, Senate Amendments 1 and 2 to HOUSE BILL 1069 and HOUSE JOINT RESOLUTION 41. Committee on Higher Education: HOUSE RESOLUTION 308. Committee on Human Services: House Amendment 2 to SENATE BILL 933. Committee on Judiciary II-Criminal Law: House Amendments 1 and House Amendment 2 to SENATE BILL 20. Motion to Concur in Senate Amendment 1 to HOUSE BILL 1812. Committee on Personnel & Pensions: House Amendment 4 to HOUSE BILL 2370. Committee on Registration & Regulation: House Amendment 1 to SENATE BILL 263. Committee on Revenue: House Amendments 2, House Amendment 3 to SENATE BILL 75 and House Amendment 1 to SENATE BILL 1493. Committee on Transportation & Motor Vehicles: House Amendment 2 to SENATE BILL 699 and Motion to Concur in Senate Amendment 1 to HOUSE BILL 1478. JOINT ACTION MOTIONS SUBMITTED Representative Steve Davis submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 201. Representative John Turner submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 512. Representative Reitz submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 678. Representative Biggins submitted the following written motion, which was referred to the Committee on Rules: MOTION #1
11 [May 21, 2001] I move to concur with Senate Amendment No. 1 to HOUSE BILL 1000. Representative Winkel submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1096. Representative Cowlishaw submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1277. Representative Black submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 3 to HOUSE BILL 1623. Representative Mathias submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1692. Representative Klingler submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 3 to HOUSE BILL 2161. Representative Moore submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1970. Representative Brosnahan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2265. Representative Ryder submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2276. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2602. Representative Capparelli submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2807. Representative Rutherford submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3014. Representative Berns submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1356.
[May 21, 2001] 12 Representative Kurtz submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1810. Representative Osterman submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1728. Representative Murphy submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1695. Representative Novak submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 2. Representative Poe submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 39. Representative Rutherford submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 1640. Representative Osmond submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2419. Representative Hassert submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 3247. Representative Beaubien submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 293. Representative Kosel submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 445. Representative Beaubien submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 854. Representative Winters submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1270. Representative Leitch submitted the following written motion, which was referred to the Committee on Rules: MOTION #1
13 [May 21, 2001] I move to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2391. Representative Black submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3128. Representative Ryder submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 3576. FISCAL NOTE NOTE WITHDRAWN Representative Black withdrew his request for a Fiscal Note Note on SENATE BILL 417. 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 adoption of the following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 6 Concurred in the Senate, May 21, 2001. Jim Harry, Secretary of 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 adoption of the following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 13 Concurred in the Senate, May 21, 2001. Jim Harry, Secretary of 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 adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 6 WHEREAS, On December 7, 1941, the Imperial Japanese Navy and Air Force attacked units of armed forces of the United States stationed at Pearl Harbor, Hawaii; and WHEREAS, More than 2,400 citizens of the United States were killed and more than 1,100 citizens of the United States were wounded in the attack on Pearl Harbor; and WHEREAS, The attack on Pearl Harbor marked the entry of the United States into World War II; and
[May 21, 2001] 14 WHEREAS, The veterans of World War II and all Americans commemorate December 7 in remembrance of the attack on Pearl Harbor; and WHEREAS, Commemoration of the attack on Pearl Harbor will instill in all people of the United States a greater understanding and appreciation of the selfless sacrifice of the individuals who served in the armed forces of the United States during World War II; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that all State agencies, school districts, and interested organizations, groups, and individuals are urged to fly the flag of the United States at half-staff each December 7 in honor of the men and women who died as a result of the attack on Pearl Harbor; and be it further RESOLVED, That suitable copies of this resolution be presented to the Governor and the Superintendent of the State Board of Education. Adopted by the Senate, May 21, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 6 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 26 WHEREAS, On October 12, 2000, the State Board of Education adopted an amendment by peremptory rulemaking for rules titled "Certification" (23 Ill. Adm. Code 25; 24 Ill. Reg. 16109); and WHEREAS; The peremptory amendment adopted by the State Board of Education repeals a rule limiting special education teachers with certificates endorsed for specific disabilities to teaching only students with those disabilities; and WHEREAS, This rulemaking is in response to a court order issued on September 12, 2000 in Corey H., et al., v. Board of Education of City of Chicago, et al., No. 92 C 3409 (9/12/00, U.S. District Court for the Northern District of Illinois, Eastern Division); among the dispositions by the court-appointed monitor was a requirement that the State Board of Education repeal, via peremptory rulemaking, categorical certification language from 23 Ill. Adm. Code 25, Appendix C; and WHEREAS, The Joint Committee on Administrative Rules, during its review of the peremptory rulemaking as directed by the Illinois Administrative Procedure Act, determined that the continued enforcement of this rulemaking would constitute a serious threat to the public interest, safety, and welfare and particularly the welfare of this State's special education students; implementation of this rulemaking may result in unqualified teachers being assigned to students for whom the teacher has no training or preparation; and WHEREAS, Based on this determination, the Joint Committee on Administrative Rules suspended this rulemaking; and WHEREAS, Because Section 5-125 of the Illinois Administrative Procedure Act states that a suspension of an agency's peremptory rulemaking is effective for a period of at least 180 days, the suspension issued by the Joint Committee on Administrative Rules, which commenced on February 21, 2001, will terminate on August 19, 2001, unless continued by the adoption of this joint resolution by both houses of the General Assembly as provided in subsection (c) of Section
15 [May 21, 2001] 5-125 of the Illinois Administrative Procedure Act; and WHEREAS, On October 27, 2000, the State Board of Education adopted new rules through a second peremptory rulemaking titled "Standards for Certification in Special Education" (23 Ill. Adm. Code 28; 24 Ill. Reg. 16738); and WHEREAS, The peremptory rules adopted by the State Board of Education create 2 categories of special education teachers, Learning Behavior Specialist (LBS) I and II, and create a common core of standards for all special education teachers and specific content-area standards for LBS I (deaf or hard-of-hearing, blind or visually impaired, or a combination of both) and LBS II (speech-language pathologists, early childhood special education teachers, and learning behavior specialists); LBS II persons can be further categorized as specialists, i.e., as a transition specialist, technology specialist, bilingual special education specialist, blind specialist, behavior intervention specialist, curriculum adaptation specialist, or multiple disabilities specialist; and WHEREAS, The standards will affect both special education teachers and the academic programs that prepare them; beginning on July 31, 2002, special education teacher preparation programs will be not approved by the State Board of Education if they do not include these new common core standards; beginning on January 1, 2003, any examination required for special education certification must assess the candidate's competence in relation to these standards; for each category of special education (deaf, early childhood, etc.), a teacher must understand the foundations of special education, characteristics of the relevant category of students, assessment procedures, instructional planning and delivery, learning environments, collaborative relationships, professional conduct and leadership, and reflection and professional growth; and WHEREAS, This second peremptory rulemaking is in response to the court order in which the State Board of Education was directed to adopt the peremptory rules for special education teacher certification standards; and WHEREAS, The Joint Committee on Administrative Rules, during its review of the second peremptory rulemaking as directed by the Illinois Administrative Procedure Act, determined that the continued enforcement of this rulemaking would constitute a serious threat to the public interest and welfare and that the reasons for the suspension are as follows: (1) educational professionals have argued that the teacher training scenario outlined in this rulemaking will result in teachers who are not as qualified to teach children with special needs as are teachers trained under the previous standards; (2) the rules place an unreasonable economic burden on special education teachers who will be required to undergo additional training for the new certification, on school districts that will need to hire special education teachers with appropriate credentials and to supply supplemental services to assist the children with disabilities in regular classroom instruction, on higher education facilities that will need to revamp their teacher preparation programs to implement these new special education common core standards, and on the State Board of Education, which is charged with implementing the new certification program standards; and (3) the economic hardship being created by this rulemaking could result in the availability of fewer qualified teachers to serve special education students; and WHEREAS, Based on this determination, the Joint Committee on Administrative Rules suspended the second peremptory rulemaking; and THEREAS, Because Section 5-125 of the Illinois Administrative Procedure Act states that a suspension of an agency's peremptory rulemaking is effective for a period of at least 180 days, the suspension issued by the Joint Committee on Administrative Rules, which commenced on January 9, 2001, will terminate on July 7, 2001, unless continued by the adoption of this joint resolution by both houses of
[May 21, 2001] 16 the General Assembly as provided in subsection (c) of Section 5-125 of the Illinois Administrative Procedure Act; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the General Assembly hereby continues the 2 suspensions issued by the Joint Committee on Administrative Rules on January 9, 2001 and February 21, 2001, respectively, of the State Board of Education's 2 peremptory rulemakings titled "Standards for Certification in Special Education" (23 Ill. Adm. Code 28; 24 Ill. Reg. 16738) and "Certification" (23 Ill. Adm. Code 25; 24 Ill. Reg. 16109); and be it further RESOLVED, That suitable copies of this resolution be delivered to the Executive Director of the Joint Committee on Administrative Rules and to the State Superintendent of Education. Adopted by the Senate, May 21, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 26 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 29 WHEREAS, Members of the General Assembly have been involved with hunting dog field trialing over the past several years and have assisted Illinois citizens with matters involving preserving, enhancing, and expanding the sport of field trialing on public land; and WHEREAS, The General Assembly enacted Public Act 87-1051 which designated several public sites for hunting dog field trialing and provided appropriate periods of time for these field trials to be held; and WHEREAS, Members of the General Assembly have interceded on behalf of Illinois citizens to resolve matters in dispute with State and federal agencies; and WHEREAS, The General Assembly realizes that the sport of field trialing has a long and well established history in Illinois dating back to prestigious events such as the American Field Quail Futurity and the All-American Quail Championship, trials no longer held in Illinois; and WHEREAS, The sport of field trialing has avid followers from around the United States from which Illinois receives economic benefit; the sport of field trialing has been in some decline in Illinois due to the loss of public land on which to contest the sport; through positive action, the State of Illinois can once again become a leader in the sport; and WHEREAS, There is a compelling need to provide a bright future for the sport of field trialing for future generations; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Department of Natural Resources is strongly encouraged to develop the recently acquired Perry County area for horseback and other field trials, and to devote enough acreage on the Perry County area to develop six championship horseback field trial courses of sufficient length and quality to ensure field trials of the highest order can be contested; and be it further RESOLVED, That the most modern habitat restoration and management
17 [May 21, 2001] practices be employed on the Perry County area to develop wild game and gamebird populations of a magnitude to support these field trials; that field trial facilities of sufficient quality and number including stables, parking lots, pastures, dog kennels, clubhouses, and other such facilities, as may be required, be developed in the Perry County area; and that priority be given to field trial interests in the Perry County area; and be it further RESOLVED, The Department of Natural Resources is strongly encouraged to consider additional land acquisition in Hamilton County in the vicinity of its existing properties to expand field trialing where the sport has enjoyed a long history; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Department of Natural Resources. Adopted by the Senate, May 21, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 29 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 32 WHEREAS, In 1980, the General Assembly authorized the Teachers' Retirement System of the State of Illinois (TRS) to establish a health insurance program for benefit recipients and their dependents, with annuitants paying 50% of the cost; and WHEREAS, In 1991, the General Assembly authorized TRS to increase the subsidy from 50% to 75% to achieve closer parity with State retirees' health insurance premiums; and WHEREAS, In 1995, the General Assembly transferred the health insurance program from TRS to the State of Illinois, to be administered by the Department of Central Management Services (CMS), and established the Teachers' Retirement Insurance Program (TRIP); and WHEREAS, The General Assembly reduced the premium subsidy for the traditional indemnity plan from 75% to 50%; and WHEREAS, The General Assembly mandated that active teachers pay 0.50% of their salary to help finance the CMS program; and WHEREAS, The General Assembly mandated the State of Illinois to match the contributions of the active teachers to help finance the CMS program; and WHEREAS, The Illinois Economic and Fiscal Commission reported in November of 2000 that current revenues would not be able to fund the current TRIP, with a shortfall of $9.3 million by the end of fiscal year 2002; and WHEREAS, The Illinois Economic and Fiscal Commission updated its report in April of 2001, increasing the shortfall to $37.6 million by the end of fiscal year 2002; and WHEREAS, TRS has hired a health insurance actuary to provide an independent review of the current TRIP funding status and an analysis of TRIP's projected financial needs, along with possible alternative scenarios; and WHEREAS, The Illinois Economic and Fiscal Commission identified 4 possible funding sources for increasing TRIP funding: retiree premiums, active teacher contributions, State contributions, and a new contribution requirement for school districts; and WHEREAS, CMS has proposed an increase to 70% for annuitant and dependent premiums; therefore be it
[May 21, 2001] 18 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Governor reduce the 70% proposal by the Department of Central Management Services to a level similar to previous years' increases; and be it further RESOLVED, That a TRIP Funding Task Force be established, composed of 3 members appointed by the President of the Senate, 3 members appointed by the Minority Leader of the Senate, 3 members appointed by the Speaker of the House, 3 members appointed by the Minority Leader of the House, one member appointed by the Illinois Retired Teachers Association, one member appointed by the Illinois Education Association, one member appointed by the Illinois Federation of Teachers, 2 members appointed by the Illinois Statewide School Management Alliance, and the Director of Central Management Services or his or her designee, to study the current funding shortfall and to report its recommendations on a solution to the General Assembly on or before November 1, 2001; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Governor, the Illinois Retired Teachers Association, the Illinois Education Association, the Illinois Federation of Teachers, the Illinois Statewide School Management Alliance, and the Director of Central Management Services. Adopted by the Senate, May 21, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 32 was placed in the Committee on Rules. 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 3625. Introduced by Representative Poe, a bill for AN ACT in relation to public employee benefits. RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 330 Offered by Representative Daniels-Biggins-Durkin: WHEREAS, The members of the Illinois House of Representatives wish to offer our sincere congratulations to Ralph Pechanio on receiving the Elmhurst Jaycees' 2001 Distinguished Services Award; and WHEREAS, Ralph Pechanio is husband to Georgette and father to Matthew and Polly; he received a Bachelor of Science of Commerce from DePaul University; he also served in the United States Army; and WHEREAS, Ralph Pechanio acted as Controller, Vice President and Treasurer, and Chief Financial Officer at the former Elmhurst Federal Savings Bank from 1970 until his retirement in 1993; and WHEREAS, His achievements have benefited Elmhurst and Illinois in his efforts to make Elmhurst a better place; and WHEREAS, His role in the building of the Veterans Memorial in Wilder Park and as chair of the Elmhurst Veterans Memorial Commission helps us remember those who have served their country; and WHEREAS, The business and civic communities have been served by Ralph Pechanio since 1993; and WHEREAS, His local affiliations include the City of Elmhurst, the
19 [May 21, 2001] Elmhurst Economic Development Corporation, the Elmhurst City Centre, MacCormac College, the Elmhurst Family YMCA, and the Kiwanis Club of Elmhurst; and WHEREAS, We recognize the efforts of Ralph Pechanio, whose leadership has inspired the improvement of the Elmhurst community; and WHEREAS, Ralph Pechanio's achievement is a source of inspiration to the entire community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Ralph Pechanio on receiving the Elmhurst Jaycees' 2001 Distinguished Services Award; and be it further RESOLVED, That a suitable copy of this resolution be presented to Ralph Pechanio and his family. HOUSE RESOLUTION 331 Offered by Representative Daniels-Biggins-Durkin: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations to Elmhurst Memorial Hospital on the occasion of its 75th anniversary; and WHEREAS, Elmhurst Memorial Hospital was originally founded as the first hospital in DuPage County in 1926; and WHEREAS, Since its opening the hospital has grown from a mere 85 bed building to a 427 bed, full service hospital to meet the needs of the community; and WHEREAS, The addition of facilities, advanced medical equipment, and talented staff have improved the care available at Elmhurst Memorial Healthcare; and WHEREAS, In the 1980s, Elmhurst Memorial Hospital was the first in the area to introduce extensive cardiac care such as angioplasty, open heart surgery, and catheterization; and WHEREAS, The hospital's Emergency Department has achieved a Level II Trauma Center status prepared to administer emergency medicine; and WHEREAS, The hospital aggressively fights diseases such as cancer in its attempts to remain an advocate of the needs of the community; and WHEREAS, The hospital's expansion in care has led to its physical growth in size and space; and WHEREAS, Elmhurst Memorial Hospital continues in its pursuit of safeguarding life as its supreme and foremost duty; and WHEREAS, The efforts of the hospital have improved the lives of those that it serves; and WHEREAS, We recognize the efforts of the staff, faculty, board, and community in its achievement of providing a high quality of care; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we offer our congratulations to Elmhurst Memorial Hospital; and be it further RESOLVED, That a suitable copy of this resolution be presented to Elmhurst Memorial Hospital. HOUSE RESOLUTION 332 Offered by Representatives Madigan-Daniels and all other Members of the House: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dorothy Ferguson is retiring from her duties as the Capitol's first aid nurse for the Illinois Department of Public Health, Emergency Medical Services, located within the Capitol; and WHEREAS, Mrs. Ferguson has faithfully and with much dedication, served the State of Illinois as a nurse from January 1, 1977 through May 31, 2001; and WHEREAS, Dorothy Deloris Wrincik was born on January 2, 1932 in
[May 21, 2001] 20 Springfield, Illinois; she is a 1950 graduate of Lamphier High School, a 1953 graduate of St. John's School of Nursing, and a 1955 graduate of St. John's School of Anesthesia; and WHEREAS, Dorothy Wrincik married Leonard E. Ferguson on August 27, 1955; her greatest claim to fame is that she is the mother of four children born on the same birthdate, missing the Guinness record by only one child, and they include, Ann born on May 17, 1956, Leonard born on May 17, 1957, Jean born on May 17, 1958, David born on October 6, 1959, Jo born on May 17, 1961, and Gail born on June 22, 1967; in addition, four of her children, Jean, David, Jo, and Gail have served as Senate Pages in the past; and WHEREAS, While raising her family, Mrs. Ferguson worked one night each week at St. John's Hospital, and numerous other part-time nursing positions just to keep her hand in nursing; in the mid-1970s she worked as an occasional relief nurse at the Capitol, and by 1977 she was hired on full time as the new first aid nurse; and WHEREAS, Mrs. Ferguson shares many interests including horses, dogs, fitness, nutrition, travel, and first rate haggling at area garage sales; she also loves to spend time with her nine grandchildren who include Stacy, Kevin, Robert, Katie, Andrew, Jessica, Max, Lindsey, and Hailey; and WHEREAS, Mrs. Ferguson reveals that her twenty-four year career at the Capitol has been one of the most rewarding experiences of her life; she has met so many wonderful individuals and will miss them after her retirement; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dorothy Ferguson on her retirement from her duties as the Capitol's first aid nurse, and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dorothy Ferguson as an expression of our esteem. HOUSE RESOLUTION 335 Offered by Representative Cowlishaw: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestones in the lives of the citizens of the State of Illinois; and WHEREAS, Owen C. Wavrinek will celebrate his retirement from the Board of Education in Indian Prairie Community Unit School District 204 this year; and WHEREAS, Owen C. Wavrinek was appointed to fill a vacancy in the Board of Education in Indian Prairie Community Unit School District 204 in 1980; he was elected to the position in 1981; and he served five consecutive terms as a member of the Board; and WHEREAS, Mr. Wavrinek served as Vice President of the Board from 1983 to 1985 and as Board President from 1985 to 1989; he chaired the Board's policy committee for nearly all of his tenure as a Board member; and he oversaw the complete rewrite of a policy manual, which was in excess of 800 pages in length; and WHEREAS, Although Owen C. Wavrinek has no children of his own, he has claimed all of the district's students as his own in making his point that the single most important role that a Board member can play is that of a child advocate; and WHEREAS, Because of his exemplary service for more than two decades and because of his excellent memory, he has earned the title of "Board Historian"; he has made the Indian Prairie School District better for all of the students, staff, parents, and residents of the district; and he has earned the praise and gratitude of the District; and WHEREAS, For recognition of his years of service to the children of Indian Prairie, the Illinois Chapter of the National School Public Relations Association will present Mr. Wavrinek with its award of Merit in the School Board Member category on May 17, 2001; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Owen C.
21 [May 21, 2001] Wavrinek on his retirement from the Board of Education in Indian Prairie Community Unit School District 204 and wish him well in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Owen C. Wavrinek. HOUSE RESOLUTION 336 Offered by Representative Cowlishaw-Hultgren: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school sports in the State of Illinois; and WHEREAS, The Naperville North High School Boys' Gymnastics Team has had outstanding placement in several recent competitions; the team finished in First Place in the DuPage Valley Conference held at Wheaton North High School on April 20, 2001; they placed first at the Illinois High School Association Gymnastics Sectional Tournament held at Downers Grove North High School on May 4, 2001; and they advanced on to the Illinois High School Association State Gymnastics Tournament held at Schaumburg High School, where, on May 11, 2001, they finished in First Place to become State champions; and WHEREAS, The Naperville North High School Boys' Gymnastics Team consists of Ross Bradley, Brad Carn, Will Cordray, Wes Gruenberg, Jim Hastings, Chad Jaros, Josh Riddle, Adam Rahmel, and Brad Soelke; their coach is Dick Raab, and the assistant coaches are Chris Stanicek and Edsel Clark; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Boys' Gymnastics Team on becoming State champions; and be it further RESOLVED, That a suitable copy of this resolution be presented to the principal of Naperville North High School and Boys' Gymnastics Team coach. HOUSE RESOLUTION 337 Offered by Representative Cowlishaw-Hultgren: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school activities in the State of Illinois; and WHEREAS, The Naperville North High School Math Team has had outstanding placement in several recent competitions; the team finished in First Place in the Regional contest sponsored by the Illinois Council of Teachers of Mathematics at the College of DuPage on February 24, 2001; they placed first at the State of Illinois Math Contest at the University of Illinois at Urbana-Champaign on April 28, 2001; and WHEREAS, The Naperville North High School Math Team consists of four teams; the Senior Team members are Matt Collander, Ankur Desai, Jamie Holzhauer, Jeff Huang, Jill Kick, Katherine Lin, Florence Twu, and Ian Yap; the Junior Team members are Amanda Chang, Cyndy Chen, Ryan Huang, Albert Lin, Alex Rechenmacher, Betsy Wild, and Michael Wu; the Sophomore Team members are Justin Canniff, Jim Hansen, Leo Hua, Ben Kaduk, Lawrence Lin, Kannan Puthuval, Mickey Sheu, and Marianne Twu; and the Freshman Team members are James Albrecht, Dan Dugovic, Jeff Ma, Coulson Painter, Irena Wang, Karen Wu, Dunping Yang, and Felix Yap; their head coaches are Craig Morse and William Petersen; and the assistant coaches are Tim Madden and Liz Moore; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Math Team on winning the Regional contest and the State of Illinois Math Contest; and be it further RESOLVED, That a suitable copy of this resolution be presented to the principal of Naperville North High School and the Math Team head coaches. HOUSE RESOLUTION 338
[May 21, 2001] 22 Offered by Representative Cowlishaw-Hultgren: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of high school academic organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Naperville North High School Worldwide Youth in Science and Engineering Team won first place with a perfect score of 496 out of 500 in the Regional Contest at Benedictine University on February 3, 2001; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team won first place with a perfect score in the Sectional Contest at the University of Illinois in Chicago, Illinois on March 23, 2001; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team captured first place in the State Worldwide Youth in Science and Engineering Contest at the University of Illinois in Champaign, Illinois on April 23, 2001; and WHEREAS, The members of the Naperville North High School Worldwide Youth in Science and Engineering Team include Phillip Atkins, Cyndy Chen, Kathryn Gelder, James Holzhauer, Jeffery Huang, Ryan Huang, Anshur Kapoor, David Lau, Gordon Lin, Bo Lu, Derek Rutkowski, Florence Twu, Diwant Viadya, and Ian Yap; these students where aided and guided by faculty sponsor Maxine Wilverding; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team has brought great honor and distinction to their families, school, and community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Worldwide Youth in Science and Engineering Team for their outstanding achievements and dedication to their school and community; and be it further RESOLVED, That a suitable copy of this resolution be presented to the each member of the Naperville North High School Worldwide Youth in Science and Engineering Team as an expression of our esteem. HOUSE RESOLUTION 339 Offered by Representative Moore: 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 Joseph C. Wilson, a lifelong resident of Libertyville, Illinois and graduate of Culver-Stockton College in Missouri, is retiring from his duties as Principal of Butterfield School in Libertyville School District 70 in June, 2000; and WHEREAS, Joseph C. Wilson has enjoyed a career of thirty-four years in education; he has spent the last twenty-seven years as an educator in School District 70; and WHEREAS, Joseph C. Wilson has served as Principal of Butterfield School since 1983; under his leadership, Butterfield School was the recipient of the National Blue Ribbon Schools Award in 1993-1994; and WHEREAS, Joseph C. Wilson was known for sharing his office with the Butterfield School's mascot, Webster the iguana; and WHEREAS, Joseph C. Wilson is the ultimate outdoorsman with a home in Eagle River; he is an accomplished carpenter and his work is displayed throughout Libertyville; he is also an avid reader of mystery novels; and WHEREAS, Joseph C. Wilson is supported by his loving and very proud family who include his wife, Sandy, his son and daughter-in-law, Sean and Stephanie Wilson, his daughter and son-in-law, Tracy and Al Friello, and his grandchildren, Matthew and Allison Friello; and WHEREAS, Joseph C. Wilson's leadership will be dearly missed by the faculty, staff, and students, both past and present, in School District 70, where he has loyally served for twenty-seven years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
23 [May 21, 2001] GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Joseph C. Wilson on his retirement from his duties as Principal of Butterfield School in School District 70 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 Joseph C. Wilson as an expression of our esteem. HOUSE RESOLUTION 341 Offered by Representative Fowler: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize significant milestones in the lives of citizens of the State of Illinois; and WHEREAS, Warren Jackson of Villa Ridge recently was elected president of Phi Theta Kappa Honor Society (PTK), the international honor society for community colleges; and WHEREAS, Warren Jackson, 19, is president of Shawnee Community College's Alpha Lambda Epsilon chapter of PTK, Illinois regional president and Illinois regional southern vice president of the society, and the youngest member ever elected to the Meridian Community School District board of education; and WHEREAS, Warren Jackson joined PTK in February of 2000, became an active member, and was influenced in his decision to run for president of the international society by friend and fellow Shawnee PTK member Charles Bradshaw, who was elected an international vice president in 2000; and WHEREAS, Candidates for international office were required to participate in a broad range of activities at various PTK conventions, such as non-political speeches; and WHEREAS, Warren Jackson was one of five candidates for international president in a run-off election at a Dallas convention, he and one other candidate received the top votes, and Warren Jackson won the final election at the Denver convention; and WHEREAS, He credited his parents, Warren Sr. and Karen Jackson, his PTK adviser David Ponce, and his many friends in the Alpha Lambda Epsilon chapter and other chapters nationally for the honor; and WHEREAS, As international president, Warren Jackson, a political science major with minors in speech communications and environmental studies, will travel the country to talk about PTK and educational goals, and will receive a scholarship for his presidency; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Warren Jackson on his election as international president of Phi Theta Kappa Honor Society; and be it further RESOLVED, That a suitable copy of this Resolution be delivered to Warren Jackson as an expression of our esteem. HOUSE RESOLUTION 343 Offered by Representative McCarthy-Ryan-Murphy: 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 Dr. Sol J. Rocke is retiring from his duties as village president of the village of Hazel Crest, Illinois; and WHEREAS, After serving for twenty years on the Planning and Zoning Board, Dr. Sol J. Rocke was elected village president in 1993, and has served the Village of Hazel Crest for the past eight years; and WHEREAS, Dr. Sol J. Rocke and his wife, Verva, have been a part of Hazel Crest since 1955; and WHEREAS, Dr. Sol J. Rocke has been an ardent campaigner for economic development in the village utilizing all known creative incentives to attract and retain businesses in the village; and WHEREAS, Dr. Rocke has seen the population of Hazel Crest grow by
[May 21, 2001] 24 eleven percent in a community that is land locked and a part of the great suburban fabric of the Chicago Southland; and WHEREAS, Under Dr. Rocke's stewardship, great building has occurred in the village including the construction of the Dynasty Lakes Subdivision (Phases I through IV), the Carriage Hills Subdivision, the South Creek Subdivision, Ridgewood Estates, the Club, Bank Financial, Mi-Jack expansion, Full Gospel Church, the Hoekstra Building, the Palmer Lake Venture Building, Stonecreek Development, Graycor addition, Arden Courts, Walgreens, Wendy's, and the South Suburban Hospital expansion; and WHEREAS, Dr. Sol J. Rocke has been a true friend and supporter of education, advocating for full funding of our education system; and WHEREAS, Dr. Sol J. Rocke has been a staunch supporter of a third airport at Peotone; and WHEREAS, Dr. Rocke has supported law enforcement through the formation of the multi-jurisdictional task force, expanding the scope of the local adjudication system, advocating the acquisition of "Niro" the Village Police dog, authorizing the requisition of a speed trailer to curb vehicular speeding, and providing full support to the Hazel Crest Police Department in becoming an accredited agency; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Sol J. Rocke on his retirement from service as village president of the village of Hazel Crest, Illinois 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 Dr. Sol J. Rocke as an expression of our esteem. HOUSE RESOLUTION 344 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Beatrice Jackson Forney, who passed away on May 6, 2001; and WHEREAS, Beatrice Jackson Forney was born on April 22, 1917 in Greenville, Mississippi to Hiriam and Mary Jane Carter Jackson; she was married to the late James Forney; and WHEREAS, Mrs. Forney was a life long resident of Springfield, Illinois and attended Springfield Public Schools; she was active in Parent-Teacher Associations, the University of Illinois Homemaker Extension Services Nutrition Club, and St. John's A.M.E. Church's Fundraising Organization; she was also a member of Union Baptist Church; and WHEREAS, The passing of Beatrice Jackson Forney will be deeply felt by all who knew and loved her, especially her daughters, Mary Jane and B. Louise Forney; her step-daughter, Betty (husband, John) Collins; her grandchildren, James and DeShana Forney; her six step-grandchildren; her several great-grandchildren; her sister-in-law, Josie Jackson; her nephews, Hiriam E. Jackson, Jr., Keith Jackson, Pierre Jackson, and Richard Jackson; her niece, Mary Frances Jackson; and her many cousins and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Beatrice Jackson Forney of Springfield, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Beatrice Jackson Forney with our sincere condolences. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 333
25 [May 21, 2001] Offered by Representative Delgado: WHEREAS, There is growing public concern for the physical health of students in the elementary and secondary public schools of this State; and WHEREAS, There is evidence that physical activity is a major factor for a healthy lifestyle for our youth that carries into adulthood; and WHEREAS, The State of Illinois has a responsibility to promote a healthy population, including the encouragement of well-balanced physical education programs in our public schools; and WHEREAS, The use of the so-called "waiver law" in Section 2-3.25g of the School Code has had the effect of denying many students the opportunity to engage in and learn healthy lifestyle choices; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we request the State Superintendent of Education to determine if all school districts seeking physical education waivers comply with the following: (1) the statutory requirement to fully adhere to the notice requirements of the waiver law so that there is full opportunity for the public and teaching staffs to participate in public hearings; and (2) the statutory requirement to document how the granting of the waiver will result in the statutory requirement that a school district seeking a physical education waiver demonstrate that the district "can address the intent of the rule or mandate in a more effective, efficient, or economical manner" or that the waiver is "necessary to stimulate innovation or improve student performance"; and be it further RESOLVED, That we urge the Illinois Association for Health, Physical Education, Recreation and Dance to accelerate its activities directed to its members and to school districts whereby the teaching of physical education and health reflects a well-rounded program resulting in a healthier student body, and that we further urge the Association to include a description of this effort in an annual report filed with the Chairperson and the Minority Spokesperson of the House Committee on Elementary and Secondary Education on or before January 1, 2003 and each year thereafter; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the State Superintendent of Education and the Illinois Association for Health, Physical Education, Recreation and Dance. HOUSE RESOLUTION 334 Offered by Representative Kosel: WHEREAS, With the closing of Northwestern Illinois Dental School, Illinois public universities have the sole responsibility of educating the future dentists in Illinois; and WHEREAS, Dental education plays an important role in developing this quality work force; and WHEREAS, Dental education has as one of its responsibilities to graduate a competent oral health work force, and in order to meet that responsibility, it requires a faculty that is sufficient in numbers and properly trained to fulfill the program's mission of teaching, research, and service; and WHEREAS, A physical plant is needed that will support an appropriate number of faculty, staff, and students and must include the latest technology in order to provide a proper environment to educate its students and provide quality services to its patients; and WHEREAS, Dental education is experiencing an increase in the number of unfilled, funded clinical faculty positions; to date, the Southern Illinois University School of Dentistry has six funded clinical faculty vacancies and the University of Illinois at Chicago currently has thirteen clinical faculty vacancies; and WHEREAS, Current data indicates that there are presently more than 350 unfilled positions throughout the country; a leading factor is the significant disparity between the income levels of the practicing
[May 21, 2001] 26 dentist and the faculty of the dental schools that exist; in order for the State of Illinois to successfully compete for the limited number of persons seeking faculty positions, it is imperative that the State dental programs close this financial gap to recruit and retain faculty; and WHEREAS, Technology for delivering quality oral health care continues to change; dental education must be on the cutting edge in the use of technology in order to prepare competent graduates and deliver quality care to all the patients it serves; additionally, the physical resources must be constantly updated to match changes in the delivery of the curriculum; resources need to be identified to ensure an appropriate level of funding for the equipment replacement and facility renovations; and WHEREAS, Both Southern Illinois University and the University of Illinois share a system of high quality standards; Southern Illinois University ranks in the top twenty percent of all dental schools, ranking as high as number two in the nation; the University of Illinois also has an excellent performance record with a pass rate on national tests averaging above ninety percent and at one hundred percent on one occasion; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we request the Illinois Board of Higher Education with the consultation of Patrick J. Ferrillo, dean of the School of Dentistry at Southern Illinois University, and Bruce S. Graham, dean of the School of Dentistry at the University of Illinois at Chicago, to embark on a study that will address the issues facing dental education in the State of Illinois; this study shall include without limitation the following areas: 1. Recruitment and retention of qualified faculty for all State oral health care programs; 2. Current technology required for both the physical and equipment needs for all State programs; 3. Retention of Southern Illinois University and University of Illinois at Chicago graduates in the State of Illinois; and 4. The role research should play in the mission of Illinois dental schools; and be it further RESOLVED, That the Board on Higher Education shall submit its report on the study to the General Assembly on or before October 1, 2001; and be it further RESOLVED, That suitable copies of this resolution be presented to the Governor of the State of Illinois, the Board of Higher Education, to the Higher Education Committee members of the General Assembly, to the President of Southern Illinois University, and to the President of the University of Illinois. HOUSE RESOLUTION 340 Offered by Representative Granberg: WHEREAS, The consumer in the State of Illinois has no choice but to pay the asked-for price for motor fuel in his or her area, and that price is set by oil companies; and WHEREAS, The average price of regular gasoline in the State of Illinois and the Midwest as a whole has recently experienced several unexplained price increases; and WHEREAS, The price of motor fuel outside the containment area of Chicago is not consistent and has the appearance of price gouging by the oil industry; and WHEREAS, The rising cost of motor fuel is beginning to cause a financial hardship on businesses and the citizens of the State of Illinois who rely on motor vehicles for business and travel, while oil corporations have generated record profits during the past twelve months; and WHEREAS, The long-term effect of these price hikes is likely to result in inflation rate increases across the region, causing further undue hardship on businesses and citizens in the State of Illinois; and WHEREAS, Issues remain that require further investigation to
27 [May 21, 2001] understand completely the reasons for high Illinois gasoline prices in May and June of 2000 as well as the unexplainable price hikes that have occurred in April and May 2001; and WHEREAS, The State of Illinois does not have the authority to investigate multi-national oil companies to ensure that collusion between these companies has not occurred; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the President of the United States to initiate an investigation of possible collusion among petroleum companies resulting in rapid unexplained price increases in motor fuel throughout the Midwest; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the President of the United States and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 342 Offered by Representative Mautino: WHEREAS, The Private Sewage Disposal Licensing Act was enacted in 1973 "to protect, promote and preserve the public health, safety and general welfare by providing for licensing of private sewage disposal contractors and the establishment and enforcement of a minimum code of standards for design, construction, materials, operation and maintenance of private sewage disposal systems, for the transportation and disposal of wastes therefrom, and for private sewage disposal servicing equipment"; and WHEREAS, Innovations in technology for the development and use of onsite wastewater systems have changed since 1973; and WHEREAS, The State of Illinois has experienced substantial population growth and expansion into rural areas, dramatically increasing the number of onsite wastewater systems in use in those areas; and WHEREAS, Rural population growth has created a need for more professional and innovative solutions to onsite wastewater problems in the State; and WHEREAS, Both the State and federal government lack sufficient funding to properly inspect, test, and develop onsite wastewater systems in a manner that protects and promotes the public health, safety, and general welfare of the people of the State of Illinois; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the Private Sewage Disposal Review Commission consisting of 4 members appointed by the Speaker of the House and 4 members appointed by the Minority Leader of the House, all of whom shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds available for that purpose; and be it further RESOLVED, That the Commission shall meet initially at the call of the Speaker, shall select one member as chairperson at its initial meeting, shall thereafter meet at the call of the chairperson, shall hold public hearings, shall receive the assistance of legislative staff, and shall report its findings and recommendations concerning the Private Sewage Disposal Licensing Act to the House by filing copies of its report with the Clerk of the House on or before March 15, 2002; and that upon filing its report the commission is dissolved. HOUSE JOINT RESOLUTION 44 Offered by Representative Wirsing: WHEREAS, Food animals are the primary source of high-quality protein that nourishes the people of the world; and the global consumption of meat, milk, and eggs is expected to grow at least three percent annually for the next two decades; and WHEREAS, Animals reared for food are the primary consumers of corn and soybeans grown on Illinois farms and feed co-products from Illinois corn and soybean processing plants; and
[May 21, 2001] 28 WHEREAS, Illinois food animal agriculture generates $12 billion annually in economic activity and $2.4 billion in farm producer cash receipts; and WHEREAS, The holistic integration of livestock and row-crop agriculture is fundamental to long-term sustainability of Illinois soils and a diverse ecosystem; and WHEREAS, The Illinois research and education system in livestock agriculture is ranked among the best in the world; and WHEREAS, There is a great opportunity for Illinois farmers to participate directly in domestic and international markets for animal products, and for Illinois industries to contribute to local economic development by marketing the components of advanced production technologies globally; and WHEREAS, Decision makers are challenged to find unbiased answers to the increasingly complex technical, social, and environmental questions that affect public policy as it relates to food animal agriculture; and WHEREAS, There is not now in existence an entity to collect information and to focus public and private resources to capture opportunities in food animal agriculture; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that interested parties draft a plan for the formation of a Food Animal Institute and that an evaluation of the contribution that such an Institute can make to this State and globally be reported to the General Assembly before March 1, 2002. 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 Brosnahan, SENATE BILL 28 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, 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 Righter, SENATE BILL 833 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. RESOLUTIONS HOUSE RESOLUTION 332 was taken up for consideration. Representative Madigan moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a).
29 [May 21, 2001] On motion of Representative Mautino, SENATE BILL 834 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 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. RECALLS By unanimous consent, on motion of Representative Feigenholtz, SENATE BILL 461 was recalled from the order of Third Reading to the order of Second Reading and held on that order. 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 Moore, SENATE BILL 852 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Beaubien, SENATE BILL 858 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 6) 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 Persico, SENATE BILL 880 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 67, Yeas; 47, Nays; 1, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Bellock, SENATE BILL 884 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Schoenberg, SENATE BILL 898 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
[May 21, 2001] 30 the affirmative by the following vote: 111, Yeas; 4, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Ryder, SENATE BILL 1102 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 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING Having been read by title a second time on May 16, 2001 and held, the following bills were taken up and advanced to the order of Third Reading: SENATE BILLS 861, 862 and 991. SENATE BILL 267. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. SENATE BILL 397. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 397 AMENDMENT NO. 1. Amend Senate Bill 397 as follows: on page 1, by replacing lines 4 and 5 with the following: "Section 5. The Firearm Owners Identification Card Act is amended by adding Sections 3.2 and 8.5 as follows: (430 ILCS 65/3.2 new) Sec. 3.2. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1.". Representative Mathias offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 397 AMENDMENT NO. 2. Amend Senate Bill 397, AS AMENDED, as follows: in Sec. 3.2 of Section 5, by changing "must report" to "shall report"; and in Sec. 3.2 of Section 5, by inserting after "3.1" the following: "; however, if a disqualification is based on the fact that the person's Firearm Owner's Identification Card has expired or been cancelled, the person's name and address shall not be reported unless
31 [May 21, 2001] the Department of State Police deems that reporting the person's name and address is appropriate". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 406. Having been recalled on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Representative Wirsing offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 406 AMENDMENT NO. 1. Amend Senate Bill 406 as follows: on page 1, lines 1 and 2, by deleting "student assistance"; and on page 1, immediately below line 4, by inserting the following: "Section 5. The Illinois Financial Assistance Act for Nonpublic Institutions of Higher Learning is amended by changing Sections 3, 4, 5, and 7 as follows: (110 ILCS 210/3) (from Ch. 144, par. 1333) Sec. 3. For the academic year beginning in 2002
[May 21, 2001] 32 academic year thereafter, each eligible institution of higher learning shall prepare and certify to the Board in writing any information required by the Board to justify the grants
33 [May 21, 2001] nursing program is located in a certified nurse shortage area. For purposes of this Section "certified nurse shortage area" means an area certified by the Director of the Department of Public Health as a nurse shortage area based on the most reliable data available to the Director. (Source: P.A. 86-1032; 87-1087.) Section 15. The Illinois Consortium for Educational Opportunity Act is amended by changing Section 9 as follows: (110 ILCS 930/9) (from Ch. 144, par. 2309) Sec. 9. Terms of award. After a person has been accepted into the ICEOP, the individual shall be eligible for an annual
[May 21, 2001] 34 interest coupons which have been received in exchange or paid shall be cancelled and the obligation for interest, not represented by coupons which have been discharged, shall be evidenced by a written acknowledgement of the exchange or payment thereof. (c) The Commission has power, and is authorized from time to time, to also issue refunding bonds under this Section, to refund bonds at or prior to their maturity or which by their terms are subject to redemption before maturity, or both, in an amount necessary to refund (1) the principal amount of the bonds to be refunded, (2) the interest to accrue up to and including the maturity date or dates thereof, and (3) the applicable redemption premiums, if any. Those refunding bonds may be exchanged for not less than an equal principal amount of bonds to be refunded or may be sold and the proceeds received at the sale thereof (excepting the accrued interest received) used to complete such refunding, including the payment of the costs of issuance thereof. (d) The bonds shall be authorized by resolution of the Commission and may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding 40 years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates, may be in such form either coupon or registered as to principal only or as to both principal and interest, may carry such registration privileges (including the conversion of a fully registered bond to a coupon bond or bonds and the conversion of a coupon bond to a fully registered bond), may be executed in such manner, may be made payable in such medium of payment, at such place or places within or without the State, and may be subject to such terms of redemption prior to their expressed maturity, with or without premium, as the resolution or other resolutions may provide. Proceeds from the sale of the bonds may be invested as the resolution or resolutions and as the Commission from time to time may provide. All bonds issued under this Act shall be sold in the manner and at such price as the Commission may deem to be in the best interest of the public. The resolution may provide that the bonds be executed with one manual signature and that other signatures may be printed, lithographed or engraved thereon. The Commission shall not be authorized to create and the bonds shall not in any event constitute State debt of the State of Illinois within the meaning of the Constitution or statutes of the State of Illinois, and the same shall be so stated upon the face of each bond. The source of payment for the bonds shall be stated on the face of each bond. The issuance of bonds under this Act is in all respects for the benefit of the People of the State of Illinois, and in consideration thereof the bonds issued pursuant to this Act and the income therefrom shall be free from all taxation by the State or its political subdivisions, except for estate, transfer, and inheritance taxes. For purposes of Section 250 of the Illinois Income Tax Act, the exemption of the income from bonds issued under this Act shall terminate after all of the bonds have been paid. The amount of such income that shall be added and then subtracted on the Illinois income tax return of a taxpayer, pursuant to Section 203 of the Illinois Income Tax Act, from federal adjusted gross income or federal taxable income in computing Illinois base income shall be the interest net of any bond premium amortization. (Source: P.A. 89-460, eff. 5-24-96; 90-281, eff. 7-31-97.) Section 99. Effective date. This Act takes effect upon becoming law, except that (i) in Section 20, the provisions changing Section 35 of the Higher Education Student Assistance Act take effect on July 1, 2001 and (ii) Sections 5, 10, and 15 take effect on July 1, 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was again advanced to the order of Third Reading.
35 [May 21, 2001] SENATE BILL 417. Having been read by title a second time on May 17, 2001, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Joseph Lyons, SENATE BILL 417 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 11) 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. SENATE BILLS ON SECOND READING SENATE BILL 95. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Representative Mathias offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 95 AMENDMENT NO. 1. Amend Senate Bill 95 on page 1, line 28, by deleting "or resubdivision"; and on page 1, line 30, after "municipality", by inserting "but within a county that has adopted a subdivision ordinance and that has a population of more than 250,000"; and on page 1, by replacing line 31 with "parcels if the sole purpose of the consolidation"; and on page 2, line 2, after "requirements.", by inserting the following: "The exemption created by this amendatory Act of the 92nd General Assembly does not apply to a plat for consolidation for an area in excess of 10 acres or to any consolidation that results in a plat of more than 10 individual lots following the consolidation. If the county receives a request to approve a plat for consolidation pursuant to this Section, the county must notify all municipalities located within 1 1/2 miles of the subject property within 10 days after receiving the request.". The motion prevailed and the amendment was adopted and ordered printed. 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 725. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 725
[May 21, 2001] 36 AMENDMENT NO. 1. Amend Senate Bill 725 on page 19, line 25, by replacing "changes" with "change"; and on page 45, by replacing lines 5 and 6 with the following: "with Section 12.40 of this Act
37 [May 21, 2001] AMENDMENT NO. 1 TO SENATE BILL 887 AMENDMENT NO. 1. Amend Senate Bill 887 by replacing everything after the enacting clause with the following: "Section 5. The Title Insurance Act is amended by changing Sections 4, 5, 6, 9, 11, 12, 13, 14, 16, 17, 21, 23, and 25 and adding Sections 21.1, 21.2, and 21.3 as follows: (215 ILCS 155/4) (from Ch. 73, par. 1404) Sec. 4. Deposit and surety bonds. (a) Before doing business in this State, a title insurance company must deposit with the Department bonds of the United States or this State with a then current value of $100,000 plus $50,000 for each county, more than one, in which the real estate, upon which its policies are issued, is located, to a maximum amount of $750,000. A title insurance company guaranteeing or insuring titles to real estate in counties having 500,000 or more inhabitants must deposit with the Department bonds of the United States or this State with a then current value of $750,000. A title insurance company that has deposited $750,000 in bonds with the Department is entitled to guarantee or insure titles in any or all counties of the State. All deposits shall be held for the benefit of any insured under a policy the title insurance company issued or any named party to a written escrow the title insurance company accepted. The deposit shall not be otherwise pledged or subject to distribution among creditors or stockholders. In addition, before doing business in this State, a title insurance company must file with and have approved by the Director a surety bond issued by a bonding company, in which the company has no financial interest, that is authorized to do business in this State and that has a rating of one of the 3 highest grades as determined by a national rating service. The bond shall be in the principal sum of $350,000 and shall run to the Director to pay any expenses incident to a receivership or involuntary liquidation action pursuant to Section 21.1 of this Act. Instead of a surety bond and upon the title insurance company demonstrating good cause, the Director may approve the deposit of bonds of the United States or this State with a then current value of $350,000. (b) The Director may provide for custody of the deposits by any trust company or bank located in this State and qualified to do business under the Corporate Fiduciary Act. The compensation, if any, of the custodian shall be paid by the depositing company. When the required deposits have been made by a title insurance company, the Director shall certify that the company has complied with the provisions of this Section and is authorized to transact the business of insuring and guaranteeing titles to real estate. (c) If, at any time, a title insurance company causes all of its unexpired policies, escrow deposits, and reinsurance obligations in Illinois to be paid in full, cancelled, discharged, reinsured, or otherwise assumed by another title insurance company authorized to do business under this Act, the Director shall, upon application of the company, verified by the oath of its president or secretary, and upon being satisfied by an examination of its books and its officers under oath that all of its policies are paid in full, cancelled, discharged, reinsured, or otherwise assumed, authorize the release of any deposit or surety bond posted under this Section. (d) The Director may revoke the certificate of a company that fails to maintain the surety bond or deposit required by this Section. The Director shall give notice of that revocation to the company as provided by this Act, and during the time of the revocation, the company may not conduct a title insurance business. A revocation shall not be set aside until a good and sufficient bond or deposit, or both, has been filed with the Department and the company has fulfilled all requirements of this Act.
[May 21, 2001] 38
39 [May 21, 2001] (a) Whenever the capital of a
[May 21, 2001] 40 provisions of this Act and shall
41 [May 21, 2001] insurance company which the agent represents. The title insurance company shall retain the copy of the application and forward the original to the Director with the appropriate fee. (c) Every applicant for registration, except a firm, partnership, association or corporation, must be 18 years or more of age. (d) Registration shall be made annually by a filing with the Director; supplemental registrations for new title insurance agents to be added between annual filings shall be made from time to time in the manner provided by the Director; registrations shall remain in effect unless revoked or suspended by the Director or are voluntarily withdrawn by the registrant or the title insurance company. (Source: P.A. 86-239.) (215 ILCS 155/17) (from Ch. 73, par. 1417) Sec. 17. Independent escrowees. (a) Every independent escrowee shall be subject to the same certification and deposit requirements to which title insurance companies are subject under Section 4 of this Act. (b) No person, firm, corporation or other legal entity shall hold itself out to be an independent escrowee unless it has been issued a certificate of authority by the Director. (c) Every applicant for a certificate of authority, except a firm, partnership, association or corporation, must be 18 years or more of age. (d) Every certificate of authority shall remain in effect one year unless revoked or suspended by the Director or voluntarily surrendered by the holder. (e) An independent escrowee may engage in the escrow, settlement, or closing business, or any combination of such business, and operate as an escrow, settlement, or closing agent, provided that: (1) Funds deposited in connection with any escrow, settlement, or closing shall be deposited in a separate fiduciary trust account or accounts in a bank or other financial institution insured by an agency of the federal government unless the instructions provide otherwise. Such funds shall be the property of the person or persons entitled thereto under the provisions of the escrow, settlement, or closing and shall be segregated by escrow, settlement or closing in the records of the independent escrowee. Such funds shall not be subject to any debts of the escrowee and shall be used only in accordance with the terms of the individual escrow, settlement or closing under which the funds were accepted. (2) Interest received on funds deposited with the independent escrowee in connection with any escrow, settlement or closing shall be paid to the depositing party unless the instructions provide otherwise. (3) The independent escrowee shall maintain separate records of all receipt and disbursement of escrow, settlement or closing funds. (4) The independent escrowee shall comply with any rules or regulations promulgated by the Director pertaining to escrow, settlement or closing transactions. (f) The Director or the Director's
[May 21, 2001] 42 title insurance agent may be limited or revoked at any time by the title insurance company. When a title insurance agent has been authorized by more than one title insurance company to act under this subsection and when that title insurance agent is unable to pay a claim or loss arising from such business, then the balance of liability and expense shall become the shared liability of each title insurance company in the proportion of title insurance premiums written by the title insurance agent for each of them in the twelve months prior to the act or omission causing the liability. (h) The Director may impose a civil penalty as provided by this Act for each violation of the requirements of this Section. (Source: P.A. 91-159, eff. 1-1-00.) (215 ILCS 155/21) (from Ch. 73, par. 1421) Sec. 21. Regulatory action. (a) The Director may refuse to grant, and may suspend or revoke, any certificate of authority, registration or license issued pursuant to this Act and may impose a civil penalty upon any registrant or licensee as provided by this Act if he determines that the holder of or applicant for such certificate, registration or license: (1) has intentionally made a material misstatement or fraudulent misrepresentation in relation to a matter covered by this Act; (2) has misappropriated or tortiously converted to its own use, or illegally withheld, monies held in a fiduciary capacity; (3) has demonstrated gross
43 [May 21, 2001] designated by the Director either in the City of Springfield, the City of Chicago, or in the county in which the principal business office of the affected registrant or certificate holder is located. (g) The suspension or revocation of a registration or certificate or the refusal to issue or renew a registration or certificate shall not in any way limit or terminate the responsibilities of any registrant or certificate holder arising under any policy or contract of title insurance to which it is a party. No new contract or policy of title insurance may be issued, nor may any existing policy or contract to title insurance be renewed by any registrant or certificate holder during any period of suspension or revocation of a registration or certificate. (h) The Director may issue a cease and desist order to a title insurance company, agent, or other entity doing business without the required license or registration, when in the opinion of the Director, the company, agent, or other entity is violating or is about to violate any provision of this Act or any law or of any rule or condition imposed in writing by the Department. The Director may issue the cease and desist order without notice and before a hearing. The Director shall have the authority to prescribe rules for the administration of this Section. If it is determined that the Director had the authority to issue the cease and desist order, he may issue such orders as may be reasonably necessary to correct, eliminate or remedy such conduct. Any person or company subject to an order pursuant to this Section is entitled to judicial review of the order in accordance with the provisions of the Administrative Review Law. The powers vested in the Director by this Section are additional to any and all other powers and remedies vested in the Director by law, and nothing in this Section shall be construed as requiring that the Director shall employ the powers conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Director. (Source: P.A. 89-601, eff. 8-2-96.) (215 ILCS 155/21.1 new) Sec. 21.1. Receiver and involuntary liquidation. (a) The proceedings under this Section shall be the exclusive remedy and the only proceedings commenced in any court for the dissolution of, the winding up of the affairs of, or the appointment of a receiver for a title insurance company. (b) If the Director, with respect to a title insurance company, finds that (1) its capital is impaired or it is otherwise in an unsound condition, (2) its business is being conducted in an unlawful, fraudulent, or unsafe manner, (3) it is unable to continue operations, or (4) its examination has been obstructed or impeded, the Director may give notice to the board of directors of the title insurance company of the finding or findings. If the Director's finding is not corrected within 60 days after the company receives the notice, the Director shall take possession and control of the title insurance company, its assets, and assets held by it for any person for the purpose of examination, reorganization, or liquidation through receivership. If, in addition to making a finding as provided in item (1), (2), (3), or (4), the Director is of the opinion and finds that an emergency that may result in serious losses to any person exists, the Director may, without having given the notice provided for in this subsection, and whether or not proceedings under subsection (a) of this Section have been instituted or are then pending, take possession and control of the title insurance company and its assets for the purpose of examination, reorganization, or liquidation through receivership. (c) The Director may take possession and control of a title insurance company, its assets, and assets held by it for any person by posting upon the premises of each office at which it transacts its business as a title insurance company a notice reciting that the Director is assuming possession pursuant to this Act and the time when the possession shall be deemed to commence.
[May 21, 2001] 44 (d) Promptly after taking possession and control of a title insurance company the Director, represented by the Attorney General, shall file a copy of the notice posted upon the premises in the Circuit Court of either Cook County or Sangamon County, Illinois, which cause shall be entered as a court action upon the dockets of the court under the name and style of "In the matter of the possession and control by the Director of the Department of Financial Institutions of (insert the name of the title insurance company)". If the Director determines that no practical possibility exists to reorganize the title insurance company after reasonable efforts have been made, the Director, represented by the Attorney General, shall also file a complaint, if it has not already been done, for the appointment of a receiver or such other proceeding as is appropriate under the circumstances. The court where the cause is docketed shall be vested with the exclusive jurisdiction to hear and determine all issues and matters pertaining to or connected with the Director's possession and control of the title insurance company as provided in this Act, and any further issues and matters pertaining to or connected with the Director's possession and control that may be submitted to the court for its adjudication. The Director, upon taking possession and control of a title insurance company, may, and if not previously done, shall immediately upon filing a complaint for dissolution, make an examination of the affairs of the title insurance company or appoint a suitable person to make the examination as the Director's agent. The examination shall be conducted in accordance with and pursuant to the authority granted under Section 12 of this Act. The person conducting the examination shall have and may exercise on behalf of the Director all of the powers and authority granted to the Director under Section 12. A copy of the report shall be filed in any dissolution proceeding filed by the Director. The reasonable fees and necessary expenses of the examining person, as approved by the Director or as recommended by the Director and approved by the court if a dissolution proceeding has been filed, shall be borne by the subject title insurance company and shall have the same priority for payment as the reasonable and necessary expenses of the Director in conducting an examination. The person appointed to make the examination shall make a proper accounting, in the manner and scope as determined by the Director to be practical and advisable under the circumstances, on behalf of the title insurance company and no guardian ad litem need be appointed to review the accounting. (e) The Director, upon taking possession and control of a title insurance company and its assets, shall be vested with the full powers of management and control including, but not limited to, the following: (1) the power to continue or to discontinue the business; (2) the power to stop or to limit the payment of its obligations; (3) the power to collect and to use its assets and to give valid receipts and acquittances therefor; (4) the power to transfer title and liquidate any bond or deposit made under Section 4 of this Act; (5) the power to employ and to pay any necessary assistants; (6) the power to execute any instrument in the name of the title insurance company; (7) the power to commence, defend, and conduct in its name any action or proceeding in which it may be a party; (8) the power, upon the order of the court, to sell and convey its assets, in whole or in part, and to sell or compound bad or doubtful debts upon such terms and conditions as may be fixed in that order; (9) the power, upon the order of the court, to make and to carry out agreements with other title insurance companies, financial institutions, or with the United States or any agency of the United States for the payment or assumption of the title insurance company's liabilities, in whole or in part, and to transfer assets and to make guaranties, in whole or in part, in connection therewith; (10) the power, upon the order of the court, to borrow money
45 [May 21, 2001] in the name of the title insurance company and to pledge its assets as security for the loan; (11) the power to terminate his or her possession and control by restoring the title insurance company to its board of directors; (12) the power to appoint a receiver which may be the Office of the Director of the Department of Financial Institutions, another title insurance company, or another suitable person and to order liquidation of the title insurance company as provided in this Act; and (13) the power, upon the order of the court and without the appointment of a receiver, to determine that the title insurance company has been closed for the purpose of liquidation without adequate provision being made for payment of its obligations, and thereupon the title insurance company shall be deemed to have been closed on account of inability to meet its obligations to its insureds or escrow depositors. (f) Upon taking possession, the Director shall make an examination of the condition of the title insurance company, an inventory of the assets and, unless the time shall be extended by order of the court or unless the Director shall have otherwise settled the affairs of the title insurance company pursuant to the provisions of this Act, within 90 days after the time of taking possession and control of the title insurance company, the Director shall either terminate his possession and control by restoring the title insurance company to its board of directors or appoint a receiver which may be the Office of the Director of the Department of Financial Institutions, another title insurance company, or another suitable person and order the liquidation of the title insurance company as provided in this Act. All necessary and reasonable expenses of the Director's possession and control shall be a priority claim and shall be borne by the title insurance company and may be paid by the Director from the title insurance company's own assets as distinguished from assets held for any other person. (g) If the Director takes possession and control of a title insurance company and its assets, any period of limitation fixed by a statute or agreement that would otherwise expire on a claim or right of action of the title insurance company, on its own behalf or on behalf of its insureds or escrow depositors, or upon which an appeal must be taken or a pleading or other document must be filed by the title insurance company in any pending action or proceeding shall be tolled until 6 months after the commencement of the possession, and no judgment, lien, levy, attachment, or other similar legal process must be enforced upon or satisfied, in whole or in part, from any asset of the title insurance company or from any asset of an insured or escrow depositor while it is in the possession of the Director. (h) If the Director appoints a receiver to take possession and control of the assets of insureds or escrow depositors for the purpose of holding those assets as fiduciary for the benefit of the insureds or escrow depositors pending the winding up of the affairs of the title insurance company being liquidated and the appointment of a successor escrowee for those assets, any period of limitation fixed by statute, rule of court, or agreement that would otherwise expire on a claim or right of action in favor of or against the insureds or escrow depositors of those assets or upon which an appeal must be taken or a pleading or other document must be filed by a title insurance company on behalf of an insured or escrow depositor in any pending action or proceeding shall be tolled for a period of 6 months after the appointment of a receiver, and no judgment, lien, levy, attachment, or other similar legal process shall be enforced upon or satisfied, in whole or in part, from any asset of the insured or escrow depositor while it is in the possession of the receiver. (i) If the Director determines at any time that no reasonable possibility exists for the title insurance company to be operated by its board of directors in accordance with the provisions of this Act after reasonable efforts have been made and that it should be liquidated through receivership, the Director shall appoint a receiver. The Director may require of the receiver such bond and security as the
[May 21, 2001] 46 Director deems proper. The Director, represented by the Attorney General, shall file a complaint for the dissolution or winding up of the affairs of the title insurance company in a court of the county in which the principal office of the title insurance company is located and shall cause notice to be given in a newspaper of general circulation once each week for 4 consecutive weeks so that persons who may have claims against the title insurance company may present them to the receiver and make legal proof thereof and notifying those persons and all to whom it may concern of the filing of a complaint for the dissolution or winding up of the affairs of the title insurance company and stating the name and location of the court. All persons who may have claims against the assets of the title insurance company, as distinguished from the assets of insureds and escrow depositors held by the title insurance company, and the receiver to whom those persons have presented their claims may present them to the clerk of the court, and the allowance or disallowance of the claims by the court in connection with the proceedings shall be deemed an adjudication in a court of competent jurisdiction. The receiver shall file with the court a correct list of all creditors of the title insurance company as shown by its books, who have not presented their claims and the amount of their respective claims after allowing adjusted credit, deductions, and set-offs as shown by the books of the title insurance company. The claims so filed shall be deemed proven unless objections are filed thereto by a party or parties interested therein within the time fixed by the court. (j) The receiver for a title insurance company has the power and authority and is charged with the duties and responsibilities as follows: (1) To take possession of and, for the purpose of the receivership, title to the books, records, and assets of every description of the title insurance company. (2) To proceed to collect all debts, dues, and claims belonging to the title insurance company. (3) To sell and compound all bad and doubtful debts on such terms as the court shall direct. (4) To sell the real and personal property of the title insurance company, as distinguished from the real and personal property of the insureds or escrow depositors, on such terms as the court shall direct. (5) To file with the Director a copy of each report which he or she makes to the court, together with such other reports and records as the Director may require. (6) To sue and defend in his or her own name and with respect to the affairs, assets, claims, debts, and choses in action of the title insurance company. (7) To surrender to the insureds and escrow depositors of the title insurance company, when requested in writing directed to the receiver by them, the escrowed funds (on a pro rata basis), and escrowed documents in the receiver's possession upon satisfactory proof of ownership and determination by the receiver of available escrow funds. (8) To redeem or take down collateral hypothecated by the title insurance company to secure its notes and other evidence of indebtedness whenever the court deems it to be in the best interest of the creditors of the title insurance company and directs the receiver so to do. (k) Whenever the receiver finds it necessary in his or her opinion to use and employ money of the title insurance company in order to protect fully and benefit the title insurance company by the purchase or redemption of any property, real or personal, in which the title insurance company may have any rights by reason of any bond, mortgage, assignment, or other claim thereto, the receiver may certify the facts together with the receiver's opinions as to the value of the property involved, and the value of the equity the title insurance company may have in the property to the court, together with a request for the right and authority to use and employ so much of the money of the title
47 [May 21, 2001] insurance company as may be necessary to purchase the property, or to redeem the property from a sale if there was a sale, and if the request is granted, the receiver may use so much of the money of the title insurance company as the court may have authorized to purchase the property at the sale. The receiver shall deposit daily all moneys collected in any State or national bank approved by the court. The deposits shall be made in the name of the Director, in trust for the receiver, and be subject to withdrawal upon the receiver's order or upon the order of those persons the Director may designate. The moneys may be deposited without interest, unless otherwise agreed. The receiver shall do the things and take the steps from time to time under the direction and approval of the court that may reasonably appear to be necessary to conserve the title insurance company's assets and secure the best interests of the creditors, insureds, and escrow depositors of the title insurance company. The receiver shall record any judgment of dissolution entered in a dissolution proceeding and thereupon turn over to the Director a certified copy of the judgment. The receiver may cause all assets of the insureds and escrow depositors of the title insurance company to be registered in the name of the receiver or in the name of the receiver's nominee. For its services in administering the escrows held by the title insurance company during the period of winding up the affairs of the title insurance company, the receiver is entitled to be reimbursed for all costs and expenses incurred by the receiver and shall also be entitled to receive out of the assets of the individual escrows being administered by the receiver during the period of winding up the affairs of the title insurance company and prior to the appointment of a successor escrowee the usual and customary fees charged by an escrowee for escrows or reasonable fees approved by the court. The receiver, during its administration of the escrows of the title insurance company during the winding up of the affairs of the title insurance company, shall have all of the powers that are vested in trustees under the terms and provisions of the Trusts and Trustees Act. Upon the appointment of a successor escrowee, the receiver shall deliver to the successor escrowee all of the assets belonging to each individual escrow to which the successor escrowee succeeds, and the receiver shall thereupon be relieved of any further duties or obligations with respect thereto. (l) The receiver shall, upon approval by the court, pay all claims against the assets of the title insurance company allowed by the court pursuant to subsection (i) of this Section, as well as claims against the assets of insureds and escrow depositors of the title insurance company in accordance with the following priority: (1) All necessary and reasonable expenses of the Director's possession and control and of its receivership shall be paid from the assets of the title insurance company. (2) All usual and customary fees charged for services in administering escrows shall be paid from the assets of the individual escrows being administered. If the assets of the individual escrows being administered are insufficient, the fees shall be paid from the assets of the title insurance company. (3) Secured claims, including claims for taxes and debts due the federal or any state or local government, that are secured by liens perfected prior to the date of filing of the complaint for dissolution, shall be paid from the assets of the title insurance company. (4) Claims by policyholders, beneficiaries, insureds and escrow depositors of the title insurance company shall be paid from the assets of the insureds and escrow depositors. If there are insufficient assets of the insureds and escrow depositors, claims shall be paid from the assets of the title insurance company. (5) Any other claims due the federal government shall be paid from the assets of the title insurance company. (6) Claims for wages or salaries, excluding vacation, severance and sick leave pay earned by employees for services
[May 21, 2001] 48 rendered within 90 days prior to the date of filing of the complaint for dissolution, shall be paid from the assets of the title insurance company. (7) All other claims of general creditors not falling within any priority under this subsection including claims for taxes and debts due any state or local government which are not secured claims and claims for attorney's fees incurred by the title insurance company in contesting the dissolution shall be paid from the assets of the title insurance company. (8) Proprietary claims asserted by an owner, member or stockholder of the title insurance company in receivership shall be paid from the assets of the title insurance company. The receiver shall pay all claims of equal priority according to the schedule set out in this subsection, and shall not pay claims of lower priority until all higher priority claims are satisfied. If insufficient assets are available to meet all claims of equal priority, those assets shall be distributed pro rata among those claims. All unclaimed assets of the title insurance company shall be deposited with the receiver to be paid out by him when such claims are submitted and allowed by the court. (m) At the termination of the receiver's administration, the receiver shall petition the court for the entry of a judgment of dissolution. After a hearing upon the notice as the court may prescribe, the court may enter a judgment of dissolution whereupon the title insurance company's corporate existence shall be terminated and the receivership concluded. (n) The receiver shall serve at the pleasure of the Director and upon the death, inability to act, resignation, or removal by the Director of a receiver, the Director may appoint a successor, and upon the appointment, all rights and duties of the predecessor shall at once devolve upon the appointee. (215 ILCS 155/21.2 new) Sec. 21.2. Notice. (a) Notice of any action to be given to title insurance companies by the Director under this Act or rules or orders promulgated under it shall be made either personally or by U.S. mail and by sending a copy of the notice by telephone facsimile or electronic mail, if known and operating. Service by mail shall be deemed completed if the notice is deposited in the U.S. Mail, postage paid, addressed to the last known address specified in the application for the certificate of authority to do business or certificate of registration of the holder or registrant. (b) The Director shall notify all registered agents of a title insurance company by regular mail when that title insurance company's certificate of authority is suspended or revoked. (215 ILCS 155/21.3 new) Sec. 21.3. Record retention. Evidence of the examination of title, if any, and determination of insurability for business written by a title insurance company or its title insurance agent and records relating to escrow, closings, and security deposits shall be preserved and retained by the title insurance company or its title insurance agent for as long as appropriate to the circumstances, but in no event less than 5 years after the title insurance policy has been issued or the escrow, closing, or security deposit account has been closed. (215 ILCS 155/23) (from Ch. 73, par. 1423) Sec. 23. Violation; penalty. (a) If the Director determines that a title insurance company or any other person has violated this Act, or any rule or order promulgated under this Act, the Director may order: (1) a civil penalty not exceeding $10,000 for each violation of Section 9 or each determination under Section 21 and not exceeding $1,000 for any other violation; or (2) revocation or suspension of the title insurance company's or independent escrowee's certificate of authority or title agent's registration. (b) Any intentional violation of any of the provisions of this Act
49 [May 21, 2001] shall constitute a petty offense. (c) Nothing contained in this Section shall affect the authority of the Director to revoke or suspend a title insurance company's or independent escrowee's certificate of authority or a title insurance agent's registration under any other Section of this Act.
[May 21, 2001] 50 adoption: AMENDMENT NO. 3 TO SENATE BILL 887 AMENDMENT NO. 3. Amend Senate Bill 887, AS AMENDED, in Section 5 of the bill, in Sec. 14, in subsection (c), by changing "By April 1 of each year" to "By April 1, 2003 and each year thereafter". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 899. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bassi offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 899 AMENDMENT NO. 1. Amend Senate Bill 899 on page 1, line 5, by replacing "Section" with "Sections 17-2A and"; and on page 1, immediately below line 5, by inserting the following: "(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A) Sec. 17-2A. Interfund Transfers. The school board of any district having a population of less than 500,000 inhabitants, may, by proper resolution following a public hearing (that is preceded by at least one published notice occurring at least 7 days prior to the hearing in a newspaper of general circulation within the school district and setting forth the time, date, place, and subject matter of the hearing), transfer money from (1) the Educational Fund to the Operations and Maintenance Fund or the Transportation Fund, (2) the Operations and Maintenance Fund to the Educational Fund or the Transportation Fund, or (3) the Transportation Fund to the Educational Fund or the Operations and Maintenance Fund of said district, subject to the limitations of the Property Tax Extension Limitation Law, if applicable
51 [May 21, 2001] of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1259. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1259 AMENDMENT NO. 1. Amend Senate Bill 1259 after the end of Section 5, by inserting the following: "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 held on the order of Second Reading. SENATE BILL 1276. Having been recalled on May 9, 2001, and held on the order of Second Reading, the same was again taken up. Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1276 AMENDMENT NO. 2. Amend Senate Bill 1276, AS AMENDED, as follows: in the first sentence of Sec. 9.2 of Section 5, by changing "19" to "20"; and in clause (11) of Sec. 9.2 of Section 5, by deleting "and"; and in clause (12) of Sec. 9.2 of Section 5, by replacing the period with "; and"; and in Sec. 9.2 of Section 5, immediately below clause (12), by inserting the following: "(13) a representative of the Illinois Retail Merchants Association.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILL 1309. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1309 AMENDMENT NO. 1. Amend Senate Bill 1309 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the No Call Registry Act. Section 5. Definitions. As used in this Act: (a) "Residential subscriber" means a person or spouse who has
[May 21, 2001] 52 subscribed to residential telephone service from a local exchange company, a guardian of the person or the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse. (b) "Established business relationship" means the existence of an oral or written arrangement, agreement, contract, or other legal state of affairs between a person or entity and an existing customer under which both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the existing customer and the person or entity directly, and does not extend to any related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate. (c) "Existing customer" means an individual who has either: (1) entered into a transaction, agreement, contract, or other legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or (2) opened or maintained a debit account, credit card account, or other revolving credit or discount program offered by the person or entity and has not requested the person or entity to close such account or terminate such program. (d) "Registry" means the No Call Registry established under this Act. (e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications: (1) to any residential subscriber with that subscriber's prior express invitation or permission when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration; (2) by or on behalf of any person or entity with whom a residential subscriber has an established business relationship which has not been terminated in writing by either party and which is related to the nature of the established business relationship; (3) by or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer; (4) by or on behalf of an entity organized under Section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code, while the entity is engaged in fundraising to support the charitable or not-for-profit purpose for which the entity was established; (5) by or on behalf of a person licensed by the State of Illinois to carry out a trade, occupation, or profession who either: (A) is setting or attempting to set a face to face appointment for actions relating to that licensed trade, occupation, or profession within this State; or (B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a
53 [May 21, 2001] written or electronic agreement is signed by the residential subscriber; or (6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act. Section 10. Prohibited calls. Beginning July 1, 2002, no person or entity may make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the residential subscriber's telephone number or numbers first appear on the Registry. Section 15. Complaints. The Illinois Commerce Commission shall receive telephone solicitation complaints from residential subscribers to object to such calls. Complaints shall be taken by any means deemed appropriate by the Illinois Commerce Commission. Complaints against persons or entities that are licensed, certificated, or permitted by a State or federal agency shall be forwarded for investigation by the Illinois Commerce Commission to the appropriate agency if the respective agency has the power to investigate such matters. All other complaints shall be investigated by the Illinois Commerce Commission. The standards for referrals and investigations shall be set forth in rules adopted by the Illinois Commerce Commission. Section 20. Registry; establishment and maintenance. (a) The Illinois Commerce Commission shall establish and provide for the operation of a No Call Registry, which shall contain a list of the telephone numbers of residential subscribers who do not wish to receive telephone solicitation calls. The Illinois Commerce Commission may contract with a private vendor to establish and maintain the Registry if the contract requires the vendor to provide the Registry in a printed hard copy format, in an electronic format, and in any other format prescribed by the Illinois Commerce Commission. (b) No later than January 1, 2002, the Illinois Commerce Commission shall adopt rules consistent with this Act that the Illinois Commerce Commission deems necessary and appropriate to fully implement this Act. The rules shall include, at a minimum, methods by which any person or entity desiring to make telephone solicitation calls may obtain access to the Registry to avoid calling the telephone numbers of residential subscribers included in the Registry. (c) The fee for obtaining the Registry shall be set forth in rules adopted by the Illinois Commerce Commission. The fee may not exceed $500 annually. All copies requested in a printed hard copy format shall be assessed a per page fee to be determined by rules adopted by the Illinois Commerce Commission. (d) The Illinois Commerce Commission shall update the Registry and make information in the Registry available on a quarterly basis in an electronic format and, if deemed appropriate by the Illinois Commerce Commission, in one or more other formats. (e) If the Federal Communications Commission or Federal Trade Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations under Title 47, Section 227(c)(3) of the United States Code, this State shall discontinue the Registry. (f) Information in the Registry is confidential and shall be afforded reasonable privacy protection except as necessary for compliance with Sections 10 and 25 and this Section or in a proceeding or action under Section 35 or 40. The information is not a public record under the Freedom of Information Act. (g) The Illinois Commerce Commission shall periodically obtain subscription listings of residential subscribers in this State who have arranged to be included in any national do-not-call list and add those
[May 21, 2001] 54 names to the Registry. Section 25. Enrollment. (a) The Illinois Commerce Commission shall provide notice to residential subscribers of the establishment of the Registry. (b) The Illinois Commerce Commission shall establish any method deemed appropriate for a residential subscriber to notify the Illinois Commerce Commission that the residential subscriber wishes to be included in the Registry. (c) There shall be no cost to a residential subscriber for inclusion in the Registry. (d) A residential subscriber in the Registry shall be deleted from the Registry upon the residential subscriber's written request. (e) Enrollment in the Registry is effective from the start of the quarter following the date of enrollment for a term of 5 years or until the residential subscriber disconnects or changes his or her telephone number, whichever occurs first. The residential subscriber is responsible for notifying the Illinois Commerce Commission of any changes in his or her telephone number. The Illinois Commerce Commission shall use its best efforts to notify enrolled residential subscribers before the end of the 5-year enrollment term of the option to re-enroll. Residential subscribers who do not re-enroll before the end of the 5-year term shall be removed from the Registry. Section 30. Public notification. The Illinois Commerce Commission shall work with local exchange telecommunications companies to disseminate to their customers information about the availability of and instructions for requesting educational literature from the Illinois Commerce Commission. The Illinois Commerce Commission may enter into agreements with those companies for the dissemination of the educational literature. Telecommunications companies shall disseminate the educational literature at least once per year in both a message contained in customers' bills and a notice in the information section of all telephone directories distributed to customers. The Illinois Commerce Commission shall include, on its Internet web site, information to customers regarding their right to be included in the Registry and the various methods, including notice to the Illinois Commerce Commission, of being included in the Registry. The Illinois Commerce Commission shall have this literature developed for dissemination to the public no later than March 1, 2002. Section 35. Violation; relief. (a) The Illinois Commerce Commission may initiate administrative proceedings in accordance with rules adopted under this Act relating to a knowing and willful violation of Section 10. (b) If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of this Section, the Illinois Commerce Commission may assess a fine not to exceed $2,500 for each violation. (c) Any proceeding conducted under this Section is subject to the Illinois Administrative Procedure Act. (d) Nothing in this Section may be construed to restrict any right that any person may have under any other law or at common law. (e) No action or proceeding may be brought under this Section: (1) more than one year after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) more than one year after the termination of any proceeding or action arising out of the same violation or violations by the State of Illinois, whichever is later. (f) The remedies, duties, prohibition, and penalties in this Act are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (g) There is created in the State treasury a special fund to be known as the No Call Registry Fund. All fees and fines collected in the administration and enforcement of this Act shall be deposited into the Fund. Moneys in the Fund shall, subject to appropriation, be used by the Illinois Commerce Commission for implementation, administration, and enforcement of this Act.
55 [May 21, 2001] Section 40. Exemption. A person or entity may not be held liable for violating this Act if: (1) the person or entity has obtained copies of the Registry and each updated Registry and has established and implemented written policies and procedures related to the requirements of this Act; (2) the person or entity has trained its personnel in the requirements of this Act; (3) the person or entity maintains records demonstrating compliance with subdivisions (1) and (2) of this Section and the requirements of this Act; and (4) any subsequent telephone solicitation is the result of error. Section 90. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The No Call Registry Fund. Section 99. Effective date. This Act takes effect upon becoming law.". Representative Hoffman offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1309 AMENDMENT NO. 2. Amend Senate Bill 1309 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Restricted Call Registry Act. Section 5. Definitions. As used in this Act: (a) "Residential subscriber" means a person or spouse who has subscribed to residential telephone service from a local exchange company, a guardian of the person or the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse. (b) "Established business relationship" means the existence of an oral or written arrangement, agreement, contract, or other legal state of affairs between a person or entity and an existing customer under which both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the existing customer and the person or entity directly, and does not extend to any related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate. (c) "Existing customer" means an individual who has either: (1) entered into a transaction, agreement, contract, or other legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or (2) opened or maintained a debit account, credit card account, or other revolving credit or discount program offered by the person or entity and has not requested the person or entity to close such account or terminate such program. (d) "Registry" means the Restricted Call Registry established under this Act. (e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, or by other means for the purpose of encouraging
[May 21, 2001] 56 the purchase or rental of, or investment in, property, goods, or services, but does not include communications: (1) to any residential subscriber with that subscriber's prior express invitation or permission when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration; (2) by or on behalf of any person or entity with whom a residential subscriber has an established business relationship which has not been terminated in writing by either party and which is related to the nature of the established business relationship; (3) by or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer; (4) by or on behalf of an entity organized under Section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code, while the entity is engaged in fundraising to support the charitable or not-for-profit purpose for which the entity was established; (5) by or on behalf of a person licensed by the State of Illinois to carry out a trade, occupation, or profession who either: (A) is setting or attempting to set a face to face appointment for actions relating to that licensed trade, occupation, or profession within this State; or (B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or (6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act. Section 10. Prohibited calls. Beginning July 1, 2002, no person or entity may make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the residential subscriber's telephone number or numbers first appear on the Registry. Section 15. Complaints. The Illinois Commerce Commission shall receive telephone solicitation complaints from residential subscribers to object to such calls. Complaints shall be taken by any means deemed appropriate by the Illinois Commerce Commission. Complaints against persons or entities that are licensed, certificated, or permitted by a State or federal agency shall be forwarded for investigation by the Illinois Commerce Commission to the appropriate agency if the respective agency has the power to investigate such matters. All other complaints shall be investigated by the Illinois Commerce Commission. The standards for referrals and investigations shall be set forth in rules adopted by the Illinois Commerce Commission. Section 20. Registry; establishment and maintenance. (a) The Illinois Commerce Commission shall establish and provide for the operation of a Restricted Call Registry, which shall contain a list of the telephone numbers of residential subscribers who do not wish to receive telephone solicitation calls. The Illinois Commerce
57 [May 21, 2001] Commission may contract with a private vendor to establish and maintain the Registry if the contract requires the vendor to provide the Registry in a printed hard copy format, in an electronic format, and in any other format prescribed by the Illinois Commerce Commission. (b) No later than January 1, 2002, the Illinois Commerce Commission shall adopt rules consistent with this Act that the Illinois Commerce Commission deems necessary and appropriate to fully implement this Act. The rules shall include, at a minimum, methods by which any person or entity desiring to make telephone solicitation calls may obtain access to the Registry to avoid calling the telephone numbers of residential subscribers included in the Registry. (c) The fee for obtaining the Registry shall be set forth in rules adopted by the Illinois Commerce Commission. The fee may not exceed $500 annually. All copies requested in a printed hard copy format shall be assessed a per page fee to be determined by rules adopted by the Illinois Commerce Commission. (d) The Illinois Commerce Commission shall update the Registry and make information in the Registry available on a quarterly basis in an electronic format and, if deemed appropriate by the Illinois Commerce Commission, in one or more other formats. (e) If the Federal Communications Commission or Federal Trade Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations under Title 47, Section 227(c)(3) of the United States Code, this State shall discontinue the Registry. (f) Information in the Registry is confidential and shall be afforded reasonable privacy protection except as necessary for compliance with Sections 10 and 25 and this Section or in a proceeding or action under Section 35 or 40. The information is not a public record under the Freedom of Information Act. (g) The Illinois Commerce Commission shall periodically obtain subscription listings of residential subscribers in this State who have arranged to be included in any national do-not-call list and add those names to the Registry. Section 25. Enrollment. (a) The Illinois Commerce Commission shall provide notice to residential subscribers of the establishment of the Registry. (b) The Illinois Commerce Commission shall establish any method deemed appropriate for a residential subscriber to notify the Illinois Commerce Commission that the residential subscriber wishes to be included in the Registry. (c) There shall be no cost to a residential subscriber for inclusion in the Registry. (d) A residential subscriber in the Registry shall be deleted from the Registry upon the residential subscriber's written request. (e) Enrollment in the Registry is effective from the start of the quarter following the date of enrollment for a term of 5 years or until the residential subscriber disconnects or changes his or her telephone number, whichever occurs first. The residential subscriber is responsible for notifying the Illinois Commerce Commission of any changes in his or her telephone number. The Illinois Commerce Commission shall use its best efforts to notify enrolled residential subscribers before the end of the 5-year enrollment term of the option to re-enroll. Residential subscribers who do not re-enroll before the end of the 5-year term shall be removed from the Registry. Section 30. Public notification. The Illinois Commerce Commission shall work with local exchange telecommunications companies to disseminate to their customers information about the availability of and instructions for requesting educational literature from the Illinois Commerce Commission. The Illinois Commerce Commission may enter into agreements with those companies for the dissemination of the educational literature. Telecommunications companies shall disseminate the educational literature at least once per year in both a message contained in customers' bills and a notice in the information section of all telephone directories distributed to customers. The Illinois Commerce Commission shall include, on its Internet web site,
[May 21, 2001] 58 information to customers regarding their right to be included in the Registry and the various methods, including notice to the Illinois Commerce Commission, of being included in the Registry. The Illinois Commerce Commission shall have this literature developed for dissemination to the public no later than March 1, 2002. Section 35. Violation; relief. (a) The Illinois Commerce Commission may initiate administrative proceedings in accordance with rules adopted under this Act relating to a knowing and willful violation of Section 10. (b) If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of this Section, the Illinois Commerce Commission may assess a fine not to exceed $2,500 for each violation. (c) Any proceeding conducted under this Section is subject to the Illinois Administrative Procedure Act. (d) Nothing in this Section may be construed to restrict any right that any person may have under any other law or at common law. (e) No action or proceeding may be brought under this Section: (1) more than one year after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) more than one year after the termination of any proceeding or action arising out of the same violation or violations by the State of Illinois, whichever is later. (f) The remedies, duties, prohibition, and penalties in this Act are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (g) There is created in the State treasury a special fund to be known as the Restricted Call Registry Fund. All fees and fines collected in the administration and enforcement of this Act shall be deposited into the Fund. Moneys in the Fund shall, subject to appropriation, be used by the Illinois Commerce Commission for implementation, administration, and enforcement of this Act. Section 40. Exemption. A person or entity may not be held liable for violating this Act if: (1) the person or entity has obtained copies of the Registry and each updated Registry from the Illinois Commerce Commission and has established and implemented written policies and procedures related to the requirements of this Act; (2) the person or entity has trained its personnel in the requirements of this Act; (3) the person or entity maintains records demonstrating compliance with subdivisions (1) and (2) of this Section and the requirements of this Act; and (4) any subsequent telephone solicitation is the result of error. Section 90. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Restricted Call Registry Fund. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1522. Having been recalled on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Representative Mathias offered the following amendment and moved its adoption:
59 [May 21, 2001] AMENDMENT NO. 1 TO SENATE BILL 1522 AMENDMENT NO. 1. Amend Senate Bill 1522 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Small Business Advisory Act. Section 5. Definitions. In this Act: "Agency" means the same as in Section 1-20 of the Illinois Administrative Procedure Act. "Joint Committee" means the Joint Committee on Administrative Rules. "Small business" means any for profit entity, independently owned and operated, that grosses less than $4,000,000 per year or that has 50 or fewer full-time employees. For the purposes of this Act, a "small business" has its principal office in Illinois. "Department" means the Department of Commerce and Community Affairs." Section 10. Small business advisory web pages site. (a) Within 6 months after the effective date of this Act, each Agency must create and make available on the World Wide Web a small business advisory page. (b) Each agency that (i) has adopted or is preparing to adopt any rule affecting small businesses or (ii) is designated to administer legislation affecting small businesses that has become law must prepare and post on its small business advisory page a plain language explanation of the rule or legislation. The explanation must indicate the effective date of the rule or legislation. The explanation must remain posted for a minimum of 6 months after the effective date of the rule or legislation. Agencies shall consult with the Department and small businesses in developing uniform web page standards. If a rule has been proposed but not adopted, an explanation of the rule must be posted as soon as possible in order to allow input and comment from affected small businesses. The State agency must, in addition to posting a plain language explanation of the rule, post notice of the time, date, and place of any public hearings, together with the names, addresses, and telephone numbers of the agency rulemaking contact; what must be done by members of the public who wish to provide testimony on the rulemaking; and the names and Springfield and district office addresses and telephone numbers of the members of the Joint Committee. (c) When each agency updates its small business advisory web page, it shall notify to the Department. The Department, through its First Stop Business Information Center, shall serve as a central clearinghouse notifying the small business community of each agency's rulemakings and changes in requirements. Furthermore, the Department shall seek input from the small business community on the changes and inform the appropriate agency and where applicable, the Joint Committee, of the input. The Department, as a part of its clearinghouse function, shall maintain a central small business advisory web page that shall serve as a coordinated point of access to all agencies' business advisory web pages. Section 15. Advisory opinions and interpretations. Each agency must post plain language versions of all advisory opinions and interpretations of rules and statutes affecting small businesses issued by the agency on its small business advisory web page. No person who acts or fails to act in reasonable reliance in the advisory opinions and interpretations may be held liable in any civil, criminal, or regulatory action because of that act or failure to act.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was again advanced to the order
[May 21, 2001] 60 of Third Reading. RESOLUTIONS HOUSE RESOLUTIONS 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 328, 330, 331, 332, 335, 338, 339, 341, 343 and 344 was taken up for consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. At the hour of 5:55 o'clock p.m., Representative Lang moved that the House do now adjourn until Tuesday, May 22, 2001, at 1:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
61 [May 21, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 21, 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 E GILES P McAULIFFE P 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 P 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 E 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 21, 2001] 62 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 28 CRIM CD-CHILD UNATTEND-VEHCLE THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
63 [May 21, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 833 PROCUREMENT-NOTICES THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E 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 21, 2001] 64 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 834 CDB CONTRIBUTORY TRUST FUND THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
65 [May 21, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 852 ENVIRON-GROUNDWATER PROTECTION THIRD READING PASSED MAY 21, 2001 113 YEAS 2 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 N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND E GILES Y McAULIFFE Y 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 Y 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 N 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 E 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 21, 2001] 66 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 858 UNEMPLOYMENT INS-TRAINING COUR THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
67 [May 21, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 880 CIV ADMIN CODE-NUCLEAR SAFETY THIRD READING PASSED MAY 21, 2001 67 YEAS 47 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK N GARRETT N MAY Y RYDER N BOLAND E GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE N SCHOENBERG N BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN N HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI N HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK N MITCHELL,JERRY N STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE N COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL N CURRY Y JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS Y KENNER N O'BRIEN N WIRSING Y DART N KLINGLER N O'CONNOR Y WOJCIK Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE E DELGADO N KURTZ Y PANKAU N ZICKUS Y DURKIN Y LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 21, 2001] 68 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 884 PUBLC AID-MEDICAL SPECIAL FUND THIRD READING PASSED MAY 21, 2001 113 YEAS 2 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 N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND E GILES Y McAULIFFE Y 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 Y 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 N 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 E DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
69 [May 21, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 898 SCH CD-POST BUDGET ON INTERNET THIRD READING PASSED MAY 21, 2001 111 YEAS 4 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 N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND E GILES Y McAULIFFE Y SAVIANO Y BOST N 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 Y 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 E 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 21, 2001] 70 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1102 IAPA-RULEMAKING THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
71 [May 21, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 417 LIQ ACT-PAY TAX ELECTRONICALLY THIRD READING PASSED MAY 21, 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 E GILES Y McAULIFFE Y 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 Y 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 E 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 21, 2001] 72 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 991 COOK FOREST PRESERVE-PROPERTY THIRD READING PASSED MAY 21, 2001 71 YEAS 44 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO N BASSI Y FLOWERS N LINDNER N POE Y BEAUBIEN Y FORBY N LYONS,EILEEN Y REITZ N BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS N MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND E GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG N 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 N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK N MITCHELL,JERRY N STEPHENS Y COLLINS Y HOWARD N MOFFITT Y STROGER N COULSON N HULTGREN N MOORE N TENHOUSE N COWLISHAW N JEFFERSON Y MORROW Y TURNER,ART N CROSS N JOHNSON Y MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL N CURRY Y JONES,SHIRLEY Y NOVAK N WINTERS N DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART N KLINGLER N O'CONNOR Y WOJCIK Y DAVIS,MONIQUE N KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE E DELGADO Y KURTZ Y PANKAU N ZICKUS Y DURKIN Y LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence