STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
74TH LEGISLATIVE DAY
THURSDAY, NOVEMBER 15, 2001
11:00 O'CLOCK A.M.
NO. 74
[November 15, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 74th Legislative Day Action Page(s) Adjournment........................................ 48 Change of Sponsorship.............................. 33 Committee on Rules Referrals....................... 3 Introduction and First Reading - HB3670-3683....... 33 Quorum Roll Call................................... 3 Temporary Committee Assignments.................... 3 Bill Number Legislative Action Page(s) HB 1011 Amendatory Veto.................................... 45 HB 1011 Committee Report................................... 3 HB 1696 Amendatory Veto.................................... 46 HB 1696 Committee Report................................... 3 HB 1840 Conference Committee Report Submitted - First...... 34 HB 2619 Senate Message - Passage w/ SA..................... 11 HB 2729 Senate Message - Passage w/ SA..................... 15 HB 3078 Total Veto......................................... 46 HB 3247 Senate Message - Conference Committee Appointed.... 42 HR 0522 Committee Report................................... 4 HR 0527 Resolution......................................... 42 HR 0528 Agreed Resolution.................................. 29 HR 0529 Resolution......................................... 43 HR 0530 Agreed Resolution.................................. 30 HR 0531 Agreed Resolution.................................. 30 HR 0532 Agreed Resolution.................................. 31 HR 0533 Agreed Resolution.................................. 32 HR 0534 Resolution......................................... 44 HR 0535 Resolution......................................... 44 SB 0028 Motion Submitted................................... 4 SB 0074 Motion Submitted................................... 4 SB 0088 First Reading...................................... 46 SB 0088 Senate Message - Passage of Senate Bill............ 5 SB 0385 Senate Message - Refuse to Concur.................. 15 SB 0720 Motion Submitted................................... 4 SB 1046 Motion Submitted................................... 4 SB 1269 Senate Message - Passage of Senate Bill............ 5 SB 1493 Motion Submitted................................... 4 SJR 0044 Senate Message..................................... 46
3 [November 15, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Thomas Walker of the Main Street Church of the Living God in Decatur, Illinois. Representative Eileen Lyons 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: 113 present. (ROLL CALL 1) By unanimous consent, Representatives Hultgren, Kenner, Parke and Slone were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS Representative Daniels announced the following temporary committee assignments: COMMITTEE ON RULES: Representative Leitch. The Speaker announced the following temporary committee assignments: Representative Holbrook replaced Representative Osterman, Representative Reitz replaced Representative Brosnahan, and Representative Forby replaced Representative Joe Lyons in the Committee on Transportation & Motor Vehicles - Sub Committee on Railroads on November 8, 2001. Representative McKeon in the Committee on Personnel & Pensions on November 13, 2001. Representative Hartke replaced Representative Art Turner, and Representative Lang replaced Representative Art Turner in the Committee on Rules on November 13, 2001. Representative Lang replaced Representative Smith in the Committee on Judiciary II - Criminal Law on November 13, 2001. Representative Lang replaced Representative Smith in the Committee on Judiciary II - Criminal Law on November 14, 2001. 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 motion be reported "recommends be adopted" and be placed on the Calendar: Motion to Accept the Amendatory Veto on HOUSE BILL 1011. Motion to Accept the Amendatory Veto on HOUSE BILL 1696. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder (Leitch) Y Hannig A Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Human Services: HOUSE RESOLUTION 535. Committee on Revenue: SENATE BILL 88. Representative Currie, Chairperson, from the Committee on Rules to
[November 15, 2001] 4 which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 522. The committee roll call vote on the foregoing Legislative Measure is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A (Leitch) Y Hannig Y Tenhouse, Spkpn Y Turner, Art VETO MOTIONS SUBMITTED Representative Holbrook submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 74, the Veto of the Governor notwithstanding. Representative McAuliffe submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 720, the Veto of the Governor notwithstanding. Representative Brosnahan submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 28, by adoption of the following amendment: AMENDMENT TO SENATE BILL 28 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 28 as follows: on page 1, by deleting lines 13 through 16; and on page 1, line 17, by replacing "(1)" with "(b)"; and on page 1, line 21, by replacing "(2)" with "(c)"; and on page 1, line 25, by replacing "(b)" with "(d)
5 [November 15, 2001] issued to a condominium association shall be renewed, unless the insurance coverage under the policy includes the following:"; and on page 1, by replacing line 18 with the following: "the increased costs of construction due to building code requirements, at the time the"; and on page 5, by deleting lines 23 through 30; and on page 5, line 31, before "Contractors", by inserting the following: "(i) Certificates of insurance.". MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 88 A bill for AN ACT concerning telecommunications. Passed by the Senate, November 15, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 88 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1269 A bill for AN ACT concerning the State Treasurer. Passed by the Senate, November 15, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1269 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2619 A bill for AN ACT in relation to alcoholic liquor. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2619.
[November 15, 2001] 6 Passed the Senate, as amended, November 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2619 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-15 as follows: (235 ILCS 5/6-15) (from Ch. 43, par. 130) Sec. 6-15. No alcoholic liquors shall be sold or delivered in any building belonging to or under the control of the State or any political subdivision thereof except as provided in this Act. The corporate authorities of any city, village, incorporated town or township may provide by ordinance, however, that alcoholic liquor may be sold or delivered in any specifically designated building belonging to or under the control of the municipality or township, or in any building located on land under the control of the municipality; provided that such township complies with all applicable local ordinances in any incorporated area of the township. Alcoholic liquors may be delivered to and sold at any airport belonging to or under the control of a municipality of more than 25,000 inhabitants, or in any building or on any golf course owned by a park district organized under the Park District Code, subject to the approval of the governing board of the district, or in any building or on any golf course owned by a forest preserve district organized under the Downstate Forest Preserve District Act, subject to the approval of the governing board of the district, or on the grounds within 500 feet of any building owned by a forest preserve district organized under the Downstate Forest Preserve District Act during times when food is dispensed for consumption within 500 feet of the building from which the food is dispensed, subject to the approval of the governing board of the district, or in a building owned by a Local Mass Transit District organized under the Local Mass Transit District Act, subject to the approval of the governing Board of the District, or in Bicentennial Park, or on the premises of the City of Mendota Lake Park located adjacent to Route 51 in Mendota, Illinois, or on the premises of Camden Park in Milan, Illinois, or in the community center owned by the City of Loves Park that is located at 1000 River Park Drive in Loves Park, Illinois, or, in connection with the operation of an established food serving facility during times when food is dispensed for consumption on the premises, and at the following aquarium and museums located in public parks: Art Institute of Chicago, Chicago Academy of Sciences, Chicago Historical Society, Field Museum of Natural History, Museum of Science and Industry, DuSable Museum of African American History, John G. Shedd Aquarium and Adler Planetarium, or at Lakeview Museum of Arts and Sciences in Peoria, or in connection with the operation of the facilities of the Chicago Zoological Society or the Chicago Horticultural Society on land owned by the Forest Preserve District of Cook County, or in any building located on land owned by the Chicago Park District if approved by the Park District Commissioners, or on any land used for a golf course or for recreational purposes and owned by the Illinois International Port District if approved by the District's governing board, or at any airport, golf course, faculty center, or facility in which conference and convention type activities take place belonging to or under control of any State university or public community college district, provided that with respect to a facility for conference and convention type activities alcoholic liquors shall be limited to the use of the convention or conference participants or participants in cultural, political or educational activities held in such facilities, and provided further that the faculty or staff of the State university or a public community college district, or members of an organization of students, alumni, faculty or staff of the State university or a public community college district are active participants in the conference or convention, or by a catering establishment which has rented facilities
7 [November 15, 2001] from a board of trustees of a public community college district, or, if approved by the District board, on land owned by the Metropolitan Sanitary District of Greater Chicago and leased to others for a term of at least 20 years. Nothing in this Section precludes the sale or delivery of alcoholic liquor in the form of original packaged goods in premises located at 500 S. Racine in Chicago belonging to the University of Illinois and used primarily as a grocery store by a commercial tenant during the term of a lease that predates the University's acquisition of the premises; but the University shall have no power or authority to renew, transfer, or extend the lease with terms allowing the sale of alcoholic liquor; and the sale of alcoholic liquor shall be subject to all local laws and regulations. After the acquisition by Winnebago County of the property located at 404 Elm Street in Rockford, a commercial tenant who sold alcoholic liquor at retail on a portion of the property under a valid license at the time of the acquisition may continue to do so for so long as the tenant and the County may agree under existing or future leases, subject to all local laws and regulations regarding the sale of alcoholic liquor. Each facility shall provide dram shop liability in maximum insurance coverage limits so as to save harmless the State, municipality, State university, airport, golf course, faculty center, facility in which conference and convention type activities take place, park district, Forest Preserve District, public community college district, aquarium, museum, or sanitary district from all financial loss, damage or harm. Alcoholic liquors may be sold at retail in buildings of golf courses owned by municipalities in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Alcoholic liquors may be delivered to and sold at retail in any building owned by a fire protection district organized under the Fire Protection District Act, provided that such delivery and sale is approved by the board of trustees of the district, and provided further that such delivery and sale is limited to fundraising events and to a maximum of 6 events per year. Alcoholic liquor may be delivered to and sold at retail in the Dorchester Senior Business Center owned by the Village of Dolton if the alcoholic liquor is sold or dispensed only in connection with organized functions for which the planned attendance is 20 or more persons, and if the person or facility selling or dispensing the alcoholic liquor has provided dram shop liability insurance in maximum limits so as to hold harmless the Village of Dolton and the State from all financial loss, damage and harm. Alcoholic liquors may be delivered to and sold at retail in any building used as an Illinois State Armory provided: (i) the Adjutant General's written consent to the issuance of a license to sell alcoholic liquor in such building is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions; (iii) the organized function is one for which the planned attendance is 25 or more persons; and (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to save harmless the facility and the State from all financial loss, damage or harm. Alcoholic liquors may be delivered to and sold at retail in the Chicago Civic Center, provided that: (i) the written consent of the Public Building Commission which administers the Chicago Civic Center is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions; (iii) the organized function is one for which the planned attendance is 25 or more persons; (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to hold harmless the Civic Center, the City of Chicago and the
[November 15, 2001] 8 State from all financial loss, damage or harm; and (v) all applicable local ordinances are complied with. Alcoholic liquors may be delivered or sold in any building belonging to or under the control of any city, village or incorporated town where more than 75% of the physical properties of the building is used for commercial or recreational purposes, and the building is located upon a pier extending into or over the waters of a navigable lake or stream or on the shore of a navigable lake or stream. Alcoholic liquor may be sold in buildings under the control of the Department of Natural Resources when written consent to the issuance of a license to sell alcoholic liquor in such buildings is filed with the Commission by the Department of Natural Resources. Notwithstanding any other provision of this Act, alcoholic liquor sold by a United States Army Corps of Engineers or Department of Natural Resources concessionaire who was operating on June 1, 1991 for on-premises consumption only is not subject to the provisions of Articles IV and IX. Beer and wine may be sold on the premises of the Joliet Park District Stadium owned by the Joliet Park District when written consent to the issuance of a license to sell beer and wine in such premises is filed with the local liquor commissioner by the Joliet Park District. Beer and wine may be sold in buildings on the grounds of State veterans' homes when written consent to the issuance of a license to sell beer and wine in such buildings is filed with the Commission by the Department of Veterans' Affairs, and the facility shall provide dram shop liability in maximum insurance coverage limits so as to save the facility harmless from all financial loss, damage or harm. Such liquors may be delivered to and sold at any property owned or held under lease by a Metropolitan Pier and Exposition Authority or Metropolitan Exposition and Auditorium Authority. Beer and wine may be sold and dispensed at professional sporting events and at professional concerts and other entertainment events conducted on premises owned by the Forest Preserve District of Kane County, subject to the control of the District Commissioners and applicable local law, provided that dram shop liability insurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage and harm. Nothing in this Section shall preclude the sale or delivery of beer and wine at a State or county fair or the sale or delivery of beer or wine at a city fair in any otherwise lawful manner. Alcoholic liquors may be sold at retail in buildings in State parks under the control of the Department of Natural Resources, provided: a. the State park has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. consent to the issuance of a license to sell alcoholic liquors in the buildings has been filed with the commission by the Department of Natural Resources, and c. the alcoholic liquors are sold by the State park lodge or restaurant concessionaire only during the hours from 11 o'clock a.m. until 12 o'clock midnight. Notwithstanding any other provision of this Act, alcoholic liquor sold by the State park or restaurant concessionaire is not subject to the provisions of Articles IV and IX. Alcoholic liquors may be sold at retail in buildings on properties under the control of the Historic Preservation Agency provided: a. the property has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. consent to the issuance of a license to sell alcoholic liquors in the buildings has been filed with the commission by the Historic Preservation Agency, and c. the alcoholic liquors are sold by the lodge or restaurant concessionaire only during the hours from 11 o'clock a.m. until 12 o'clock midnight.
9 [November 15, 2001] The sale of alcoholic liquors pursuant to this Section does not authorize the establishment and operation of facilities commonly called taverns, saloons, bars, cocktail lounges, and the like except as a part of lodge and restaurant facilities in State parks or golf courses owned by Forest Preserve Districts with a population of less than 3,000,000 or municipalities or park districts. Alcoholic liquors may be sold at retail in the Springfield Administration Building of the Department of Transportation and the Illinois State Armory in Springfield; provided, that the controlling government authority may consent to such sales only if a. the request is from a not-for-profit organization; b. such sales would not impede normal operations of the departments involved; c. the not-for-profit organization provides dram shop liability in maximum insurance coverage limits and agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm; d. no such sale shall be made during normal working hours of the State of Illinois; and e. the consent is in writing. Alcoholic liquors may be sold at retail in buildings in recreational areas of river conservancy districts under the control of, or leased from, the river conservancy districts. Such sales are subject to reasonable local regulations as provided in Article IV; however, no such regulations may prohibit or substantially impair the sale of alcoholic liquors on Sundays or Holidays. Alcoholic liquors may be provided in long term care facilities owned or operated by a county under Division 5-21 or 5-22 of the Counties Code, when approved by the facility operator and not in conflict with the regulations of the Illinois Department of Public Health, to residents of the facility who have had their consumption of the alcoholic liquors provided approved in writing by a physician licensed to practice medicine in all its branches. Alcoholic liquors may be delivered to and dispensed in State housing assigned to employees of the Department of Corrections. No person shall furnish or allow to be furnished any alcoholic liquors to any prisoner confined in any jail, reformatory, prison or house of correction except upon a physician's prescription for medicinal purposes. Alcoholic liquors may be sold at retail or dispensed at the Willard Ice Building in Springfield, at the State Library in Springfield, and at Illinois State Museum facilities by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the controlling government authority, or by (2) a not-for-profit organization, provided that such organization: a. Obtains written consent from the controlling government authority; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at authorized functions. The controlling government authority for the Willard Ice Building in Springfield shall be the Director of the Department of Revenue. The controlling government authority for Illinois State Museum facilities shall be the Director of the Illinois State Museum. The controlling
[November 15, 2001] 10 government authority for the State Library in Springfield shall be the Secretary of State. Alcoholic liquors may be delivered to and sold at retail or dispensed at any facility, property or building under the jurisdiction of the Historic Preservation Agency where the delivery, sale or dispensing is by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from a controlling government authority, or by (2) a not-for-profit organization provided that such organization: a. Obtains written consent from the controlling government authority; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal workings of State offices or operations located at the facility, property or building; c. Sells or dispenses alcoholic liquors only in connection with an official activity of the not-for-profit organization in the facility, property or building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. The controlling government authority for the Historic Preservation Agency shall be the Director of the Historic Preservation Agency. Alcoholic liquors may be sold at retail or dispensed at the James R. Thompson Center in Chicago and 222 South College Street in Springfield, Illinois by (1) a commercial tenant or subtenant conducting business on the premises under a lease made pursuant to Section 405-315 of the Department of Central Management Services Law (20 ILCS 405/405-315), provided that such tenant or subtenant who sells or dispenses alcoholic liquors shall procure and maintain dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, indemnify and save harmless the State of Illinois from all financial loss, damage or harm arising out of the sale or dispensing of alcoholic liquors, or by (2) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the Director of Central Management Services, or by (3) a not-for-profit organization, provided that such organization: a. Obtains written consent from the Department of Central Management Services; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at functions authorized by the Director of Central Management Services. Alcoholic liquors may be sold or delivered at any facility owned by the Illinois Sports Facilities Authority provided that dram shop liability insurance has been made available in a form, with such coverage and in such amounts as the Authority reasonably determines is necessary. Alcoholic liquors may be sold at retail or dispensed at the Rockford State Office Building by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the Department of Central Management Services, or by (2) a
11 [November 15, 2001] not-for-profit organization, provided that such organization: a. Obtains written consent from the Department of Central Management Services; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at functions authorized by the Department of Central Management Services. Alcoholic liquors may be sold or delivered in a building that is owned by McLean County, situated on land owned by the county in the City of Bloomington, and used by the McLean County Historical Society if the sale or delivery is approved by an ordinance adopted by the county board, and the municipality in which the building is located may not prohibit that sale or delivery, notwithstanding any other provision of this Section. The regulation of the sale and delivery of alcoholic liquor in a building that is owned by McLean County, situated on land owned by the county, and used by the McLean County Historical Society as provided in this paragraph is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to regulate that sale and delivery. Alcoholic liquors may be sold or delivered in any building situated on land held in trust for any school district organized under Article 34 of the School Code, if the building is not used for school purposes and if the sale or delivery is approved by the board of education. Alcoholic liquors may be sold or delivered in buildings owned by the Community Building Complex Committee of Boone County, Illinois if the person or facility selling or dispensing the alcoholic liquor has provided dram shop liability insurance with coverage and in amounts that the Committee reasonably determines are necessary. Alcoholic liquors may be sold or delivered in the building located at 1200 Centerville Avenue in Belleville, Illinois and occupied by either the Belleville Area Special Education District or the Belleville Area Special Services Cooperative. (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00; 91-922, eff. 7-7-00.)". Section 99. Effective date. The Act shall take effect upon becoming law. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2619 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2729 A bill for AN ACT in relation to counties. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
[November 15, 2001] 12 Senate Amendment No. 1 to HOUSE BILL NO. 2729. Senate Amendment No. 2 to HOUSE BILL NO. 2729. Passed the Senate, as amended, November 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2729 by replacing by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 25-11 as follows: (10 ILCS 5/25-11) (from Ch. 46, par. 25-11) Sec. 25-11. When a vacancy occurs in any elective county office, or in a county of less than 3,000,000 population in the office of clerk of the circuit court, in a county which is not a home rule unit, the county board or board of county commissioners shall declare that such vacancy exists and notification thereof shall be given to the county central committee or the appropriate county board or board of county commissioners district committee of each established political party within 3 days of the occurrence of the vacancy. The vacancy shall be filled within 60 days by appointment of the chairman of the county board or board of county commissioners with the advice and consent of the county board or board of county commissioners. In counties in which forest preserve district commissioners are elected by districts and are not also members of the county board, however, vacancies in the office of forest preserve district commissioner shall be filled within 60 days by appointment of the president of the forest preserve district board of commissioners with the advice and consent of the forest preserve district board of commissioners. In counties in which the forest preserve district president is not also a member the county board, vacancies in the office of forest preserve district president shall be filled within 60 days by the forest preserve district board of commissioners by appointing one of the commissioners to serve as president. The appointee shall be a member of the same political party as the person he succeeds was at the time of his election and shall be otherwise eligible to serve. The appointee shall serve the remainder of the unexpired term. However, if more than 28 months remain in the term, the appointment shall be until the next general election at which time the vacated office shall be filled by election for the remainder of the term. In the case of a vacancy in a seat on a county board or board of county commissioners which has been divided into districts under Section 2-3003 or 2-4006.5 of the Counties Code, the appointee must also be a resident of the county board or county commission district. If a county commissioner ceases to reside in the district that he or she represents, a vacancy in that office exists. Except as otherwise provided by county ordinance or by law, in any county which is a home rule unit, vacancies in elective county offices, other than the office of chief executive officer, and vacancies in the office of clerk of the circuit court in a county of less than 3,000,000 population, shall be filled by the county board or board of county commissioners. (Source: P.A. 92-189, eff. 8-1-01.) Section 10. The Downstate Forest Preserve District Act is amended by changing Section 3c as follows: (70 ILCS 805/3c) Sec. 3c. Elected board of commissioners in certain counties. If the boundaries of a district are co-extensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000, all commissioners of the forest preserve district shall be elected from the same districts as members of the county board beginning with the general election held in 2002 and each succeeding general election. One commissioner shall be elected from each district. At their first meeting after their election in 2002 and
13 [November 15, 2001] following each subsequent decennial reapportionment of the county under Division 2-3 of the Counties Code, the elected commissioners shall publicly by lot divide themselves into 2 groups, as equal in size as possible. Commissioners from the first group shall serve for terms of 2, 4, and 4 years; and commissioners from the second group shall serve terms of 4, 4, and 2 years.
[November 15, 2001] 14 law to the contrary, if a vacancy occurs after the last day provided in Section 7-12 of the Election Code for filing nomination papers for the office of president of a forest preserve district where that office is elected as provided for in this Section, or as set forth in Section 7-61 of the Election Code, a vacancy in nomination shall be filled by the passage of a resolution by the nominating committee of the affected political party within the time periods specified in the Election Code. The nominating committee shall consist of the chairman of the county central committee and the township chairmen of the affected political party. All other vacancies in nomination shall be filled in accordance with the provisions of the Election Code. The president and commissioners elected under this Section may be reimbursed for their reasonable expenses actually incurred in performing their official duties under this Act in accordance with the provisions of Section 3a. The reimbursement paid under this Section shall be paid by the forest preserve district. Compensation for forest preserve commissioners elected under this Section shall be the same as that of county board members of the county with which the forest preserve district's boundaries are co-extensive. (Source: P.A. 91-933, eff. 12-30-00.)". AMENDMENT NO. 2. Amend HOUSE Bill 2729, AS AMENDED, by replacing the title with "An Act in relation to forest preserve districts."; and with reference to page and line numbers of Senate Amendment No. 1, by adding after the last line on page 6, the following: "Section 20. The Forest Preserve Zoological Parks Act is amended by changing Sections 1 and 2 as follows: (70 ILCS 835/1) (from Ch. 96 1/2, par. 6801) Sec. 1. The corporate authorities of forest preserve districts, containing a population of 140,000
15 [November 15, 2001] zoological park and the collections therein. All such zoological parks shall be open to the public without charge for at least one day each week and to the children in actual attendance upon any of the schools in the State at all times, except that charges may be made at any time for special services and for admission to special facilities within any zoological park for the education, entertainment or convenience of visitors. (Source: P.A. 91-817, eff. 6-13-00.) (70 ILCS 835/2) (from Ch. 96 1/2, par. 6802) Sec. 2. For the purpose of constructing and maintaining and caring for any such zoological park and the buildings and grounds thereof and of securing and displaying zoological collections thereon the corporate authorities of any forest preserve district containing a population of 150,000 or more but less than 3,000,000 are authorized to levy annually a tax of not to exceed .0058% of value as equlized or assessed by the Department of Revnue, upon all the taxable property in the district; provided however, in a forest perserve district located in a county with a population in excess of 140,000
[November 15, 2001] 16 the following titles to-wit: HOUSE BILL NO. 934 A bill for AN ACT concerning law enforcement. Passed by the Senate, November 15, 2001, by a three-fifths vote. 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 accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1046 A bill for AN ACT in relation to property. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 14, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 3, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1046, entitled "AN ACT in relation to property," with my specific recommendations for change. Senate Bill 1046 involves the very detailed and complicated issue of insurance coverages required to be provided to condominium associations in the State of Illinois. The insurance industry requested an amendatory veto to correct what they believe to be minor technical errors in the bill. They have worked with the Chicago Bar Association, the primary organization supporting this legislation, to secure their support for these changes. The three specific recommendations for change that they have made are technical in nature and do not change the substance of this legislation. The first change makes it clear that the changes in coverages are to be made on each condominium association insurance policy during the calendar year 2002 at the time of renewal of that policy. Without this clarification, it is possible that insurance carriers would have to
17 [November 15, 2001] non-renew or cancel their insurance coverages on condominium associations, which would be unnecessarily disruptive and clearly not the intent of the bill sponsors. The second change involves clarification of the new requirement that condominium association insurance coverage include "coverage for municipal building code requirements". This phrase is ambiguous and could result in insurance coverages being substantially different throughout the State of Illinois. The intent of this section is to make sure that in the event of a covered loss by a condominium association, the repairs are made consistent with the applicable building code. Many times, these types of building code upgrades cost more than if the property was restored to its original condition. With this change the insurance coverage will recognize the increased cost of construction due to building code requirements. The third change removes the provision that would require a sixty-day notice to the condominium association in the event of a cancellation of that insurance policy. This section also would require certain notifications to the individual condominium owners under certain circumstances. This section seems to be inconsistent with current Illinois law regarding cancellations of these types of insurance policies. Section 5-143.16 of the Insurance Code already covers this area of cancellation of insurance coverages. Additionally, the condominium association appears to have the primary responsibility of notifying individual members of most coverage changes. For these reasons, I hereby return Senate Bill 1046 with the following recommendations for change: on page 1, by replacing lines 8 and 9 with the following: "(a) Required coverage. No policy of insurance shall be issued or delivered to a condominium association, and no policy of insurance issued to a condominium association shall be renewed, unless the insurance coverage under the policy includes the following:"; and on page 1 by replacing line 18 with the following: "the increased costs of construction due to building code requirements, at the time the"; and on page 5, by deleting line 23 through 30; and on page 5, line 31, before "Contractors", by inserting the following: "(i) Certificates of insurance.". With these changes, Senate Bill 1046 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR I move to accept the specific recommendations of the Governor as to Senate Bill 1046 in manner and form as follows: AMENDMENT TO SENATE BILL 1046 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1046 on page 1, by replacing lines 8 and 9 with the following: "(a) Required coverage. No policy of insurance shall be issued or delivered to a condominium association, and no policy of insurance issued to a condominium association shall be renewed, unless the insurance coverage under the policy includes the following:"; and on page 1, by replacing line 18 with the following: "the increased costs of construction due to building code requirements, at the time the"; and on page 5, by deleting lines 23 through 30; and on page 5, line 31, before "Contractors", by inserting the following: "(i) Certificates of insurance.".
[November 15, 2001] 18 DATE: November 7, 2001 John Cullerton Senator A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1493 A bill for AN ACT in relation to senior citizens and disabled persons. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 13, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 23, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1493 entitled "AN ACT in relation to senior citizens and disabled persons," with my specific recommendations for change. Senate Bill 1493 amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act to reduce confusion over the expiration of pharmaceutical assistance cards and to assist the State in accessing money owed to other health benefits providers by requiring such providers to identify recipients of medical assistance for purposes of third party reimbursement. The provisions of Senate Bill 1493 are similar to those included in House Bill 2438, Public Act 92-131, which I signed into law on July 23, 2001. The primary difference between these two bills is the implementation date. Both bills are effective upon becoming law; however, the provisions of House Bill 2438 are to be implemented on January 1, 2002. Senate Bill 1493 does not make this important distinction which will provide the Illinois Department of Revenue the necessary implementation time. In order to be in compliance with Senate Bill 1493, the Department of Revenue would have to convert coverage for current participants receiving pharmaceutical assistance from a calendar year basis to a
19 [November 15, 2001] fiscal year basis immediately. Obviously, this does not allow the Department sufficient time to accommodate the change. However, there are provisions in both bills that need to be signed into law. For this reason, I hereby return Senate Bill 1493 with the following recommendation for change: On page 8, by replacing lines 4 through 6 with the following: "On and after January 1, 2002, however, to enable the Department to". With this change, Senate Bill 1493 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR I move to accept the specific recommendations of the Governor as to Senate Bill 1493 in manner and form as follows: AMENDMENT TO SENATE BILL 1493 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1493 on page 8, by replacing lines 4 through 6 with the following: "4 shall be valid for a period not to exceed one year. On and after January 1, 2002, however, to enable the Department to". DATE: November 7, 2001 Christine Radogno Senator A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the veto of the Governor to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 74 A bill for AN ACT in relation to vehicles. I am further directed to transmit to the House of Representatives the following copy of the Governor's veto message to the Senate: Passed by the Senate, November 14, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR July 12, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto Senate Bill 74 entitled "AN ACT in relation to vehicles." Senate Bill 74 amends the Illinois Vehicle Code to exempt not-for-profit organizations from paying vehicle title fees for motor vehicles. Senate Bill 74 also authorizes such charitable organizations
[November 15, 2001] 20 to sell the donated automobiles without having to comply with the law related to licensed vehicle dealers. Although Senate Bill 74 might benefit some charitable organizations by exempting them from the current state requirements for automobile dealers, this legislation holds the potential to reduce the amount of consumer protection afforded to buyers of used automobiles by allowing new incentives for unlicensed "charitable" car-dealers to operate in the public marketplace. In addition, this legislation could jeopardize the funding structure for the Illinois FIRST program that currently enables the State to revitalize our infrastructure, upgrade school facilities, increase green space and improve the quality of life in Illinois. For this reason, I hereby veto and return Senate Bill 74. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the veto of the Governor to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 326 A bill for AN ACT relating to schools. I am further directed to transmit to the House of Representatives the following copy of the Governor's veto message to the Senate: Passed by the Senate, November 14, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 15, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto and return Senate Bill 326 entitled "AN ACT relating to schools." Senate Bill 326 amends the School code to allow for a tax-equivalent grant to be paid to a school district (other than the Chicago school district) if a United States military installation or base is located in the district. Further, it provides that the school district must have students residing on the military installation or base who are in attendance in the district. Assuring that children have the resources they need for a good education is certainly a priority of my administration. However, this legislation would set a precedent that the State supplement federal impact aid with State general revenue dollars. According to the Illinois State Board of Education it is estimated that Senate Bill 326 would cost the State of Illinois approximately $600,035 a year. This amount would rise and fall yearly with changes in local property value. The funds for these impact grants to school districts impacted by federal military installations are to be made from a line item
21 [November 15, 2001] specifically appropriated for this purpose. No such funds were appropriated. It has been argued that the Federal government should have the same responsibility as the State in funding education in this situation and therefore, should help to defray the cost of the tax equivalent grant. It was also argued during the House debate that the Federal government has an obligation to assist these school districts and the financial needs of all school districts must be considered. This legislation would set a bad precedent of using State resources to fulfill the financial responsibility of the Federal government. For these reasons, I hereby veto and return Senate Bill 326. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the veto of the Governor to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 720 A bill for AN ACT in relation to broadcasting. I am further directed to transmit to the House of Representatives the following copy of the Governor's veto message to the Senate: Passed by the Senate, November 14, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR July 18, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto and return Senate Bill 720 entitled, "AN ACT in relation to broadcasting." Senate Bill 720 purports to create the Broadcast Industry Free Market Act. However, this legislation actually attempts to interfere with the free-market conditions of the broadcasting industry. This Act provides that no television, radio, or cable station may require an employee, or prospective employee, to agree as a condition of an employment contract, to refrain from obtaining employment in a specific geographic area for a specific period of time after termination of employment. Supporters of Senate Bill 720 are attempting to direct the outcome of independent broadcast industry contract negotiations and would awkwardly push the State of Illinois into the role of private party contract negotiator. It is inappropriate for the State of Illinois to dictate to any employee or employer the negotiated terms of their employment arrangement. In all other industries, including the sports and entertainment industries, limitations as to whether employees can pursue future employment with a competitor are determined by the demands of the market place and competitive bargaining rather than the
[November 15, 2001] 22 dictates of State government. Furthermore, Senate Bill 720 would not be effective in meeting its goals of thorough prohibition of non-compete clauses since Illinois State law holds authority only over those agreements finalized within this State. Many broadcasting companies have offices outside the State of Illinois and could simply require that all employment contracts be entered in non-Illinois locations and thus not subject to this proposed legislation. Finally, Senate Bill 720 as it is currently drafted, attempts to effect current broadcast industry contracts. By enacting this legislation in its present form it would force broadcast companies to rewrite contracts that have already been negotiated and executed. Such an undertaking would be a violation of both the United States and Illinois Constitutions. The Contract Clause of the United States Constitution commands that "no State shall...pass any... Law impairing the Obligation of Contracts." U.S. Const. Art. I, Par. 10, c1. 1. The Illinois Constitution echoes this dictate: "No...law impairing the obligation of contracts...shall be passed." Ill. Const., 1970 Art. 1, Par. 16. The United State Supreme Court has held that where a state statute impairs a contractual relationship, it is void for violating the contract Clause unless the statute passes a two-part test: it must be both "reasonable and necessary to serve an important public purpose." United States Trust Co., 431 U.S. at 25, 97 S. Ct. at 1519. Senate Bill 720 does not meet the requirements of this test. For these reasons, I hereby veto and return Senate Bill 720. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 28 A bill for An Act concerning criminal law. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 14, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 17, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and
23 [November 15, 2001] conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 28, entitled "AN ACT concerning criminal law," with my specific recommendations for change. Senate Bill 28 amends the Criminal Code to add to the offense of endangering the life or health of a child by creating the offense of leaving a child unattended in a motor vehicle. A person commits the offense of endangering the life or health of a child if he or she leaves a child six years of age or younger unattended in a motor vehicle. The bill also provides that there is a rebuttable presumption that a person committed the offense if he or she left a child six years of age or younger unattended in a motor vehicle for more than 10 minutes. At the request of Senate Bill 28's chief sponsor and the Chairman of the Senate Judiciary Committee, I am proposing a technical change to Senate Bill 28. The purpose of the bill was to establish a rebuttable presumption in the existing statute without creating a new offense. The new language in Senate Bill 28, however, does appear to create a new offense of leaving a child under the age of six unattended in a vehicle. The penalties for the offenses outlined in the bill and current law shall remain the same and the changes proposed below should help to clarify the bill and create a more appropriate criminal law. For these reasons, I return Senate Bill 28 with the following recommendations for change: on page 1, delete lines 13-16; and on page 1, line 17, renumber (1) with (b) and line 21 renumber (2) with (c); and on page 1, line 25, replace (b) with (d). With these specific recommendations for change, Senate Bill 28 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR I move to accept the specific recommendations of the Governor as to Senate Bill 28 in manner and form as follows: AMENDMENT TO SENATE BILL 28 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 28 as follows: on page 1, by deleting lines 13 through 16; and on page 1, line 17, by replacing "(1)" with "(b)"; and on page 1, line 21, by replacing "(2)" with "(c)"; and on page 1, line 25, by replacing "(b)" with "(d)
[November 15, 2001] 24 A bill for AN ACT in relation to criminal law. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 14, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR July 18, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 175, entitled "AN ACT in relation to criminal law," with my specific recommendations for change. Senate Bill 175 amends the Criminal Code of 1961. The bill makes a misdemeanor battery a felony aggravated battery, if committed in any building or other structure used to provide shelter or services to victims of domestic violence or committed within 500 feet while going to or from such a building or other structure. Senate Bill 175 is a well-intentioned bill. I have always been supportive of laws and programs designed to protect persons who are subject to physical abuse within their household or relationship. However, I am concerned that Senate Bill 175 has not been well thought through. First, the bill states that it covers "any building or other structure used to provide shelter or other services to victims of domestic violence as defined in Section 103 of the Illinois Domestic Violence Act...." The definition in the Domestic Violence Act only defines "domestic violence," so it is unclear if the bill is limited to a formal domestic violence shelter or applies to any place a victim may have gone to seek shelter from an abuser, such as a parent's home, a motel room or other place. In reviewing the debate in the House Judiciary II committee, the sponsor stated the bill was meant to cover "domestic violence shelters" and the debate went on to discuss whether a domestic violence shelter fits within the current public property aggravated battery provision. The bill's vague language on this point may cause problems. There is a definition for domestic violence shelter in the Domestic Violence Shelters Act. 20 ILCS 1310/1(c). Second, the phrase, "or to the dependent children of victims of domestic violence" is awkwardly placed in the bill in a manner that makes it unclear if this is merely part of the reference to the Domestic Violence Act definition, or is a separate aggravated battery provision to cover the dependent child of a victim. If part of the Section 103 reference, the phrase should read: "any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence...." This change would eliminate any confusion.
25 [November 15, 2001] I am proposing changes on the above-described issues. The location of a domestic violence shelter is usually confidential information and generally not publicly disclosed. The Domestic Violence Act prohibits the court from compelling disclosure of the location of a domestic violence shelter in a criminal proceeding, unless the court finds there is an imminent risk of harm to a domestic violence victim or other person. However, the allegation that a battery was committed in or within 500 feet of a domestic violence shelter now makes the location an element of the crime, the presence of which makes a misdemeanor into a felony. The defendant may base part of his or her defense on the fact that the building at "225 Elm Street in AnyTown, Illinois" is not a domestic violence shelter or the alleged act did not occur within 500 feet of a domestic violence shelter. To refute this, it would appear that the prosecution would have to prove in open court and state in publicly accessible documents filed with the court that "225 Elm Street" is a domestic violence shelter. While this information may already be otherwise known in some communities and it is unlikely that persons will search through court filings to learn the location of a domestic violence shelter; nonetheless, I believe we should be sensitive to public disclosure of this information and ask the General Assembly to study that issue. Finally, there is an aggravated battery provision in current law that would likely apply to a battery committed within 500 feet of domestic violence shelter, which does not require disclosure of the shelter location. A battery committed on the way to or from a shelter is most likely committed on a street, sidewalk, parking lot or other public way. The current aggravated battery law covers any battery committed on or about a public way or public property. 720 ILCS 5/12-4(b)(8). Public way includes streets, sidewalks and parking lots (even private parking lots). People v. Pennington, 172 Ill.App.3d 641, 527 N.E.2d 76 (1988) and People v. Pugh, 162 Ill.App.3d 1030, 516 N.E.2d 396 (1987). Therefore, I question the necessity of including the 500 feet provision in Senate Bill 175; however, I am not proposing any changes with respect to that. For these reasons, I return Senate Bill 175 with the following recommendations for change: On page 3, line 34, by inserting "or to the dependent children of victims" after "victims"; and On page 3, line 34, by replacing "as defined in" with "pursuant to"; and On page 4, line 1, by deleting "Section 103 of"; and On page 4, line 2, by replacing "to the dependent children of victims of domestic" with "the Domestic Violence Shelter Act"; and On page 4, line 3, by deleting "violence"; and On page 4, line 3, by inserting "of such a building or other structure"; and On page 4, line 4, by inserting "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1310 of the Domestic Violence Shelters Act." after the period. With these specific recommendations for change, Senate Bill 175 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR I move to accept the specific recommendations of the Governor as to Senate Bill 175 in manner and form as follows: AMENDMENT TO SENATE BILL 175 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 175 as follows:
[November 15, 2001] 26 on page 3, line 34, by inserting "or to the dependent children of victims" after "victims"; and on page 3, line 34, by replacing "as defined in" with "pursuant to"; and on page 4, line 1, by deleting "Section 103 of"; and on page 4, line 2, by replacing "to the dependent children of victims of domestic" with "the Domestic Violence Shelters Act"; and on page 4, line 3, by deleting "violence"; and on page 4, line 3, by inserting "of such a building or other structure" after "feet"; and on page 4, line 4, by inserting ""Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act." after the period. DATE: November 7, 2001 Lisa Madigan Senator A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 647 A bill for AN ACT in relation to aeronautics. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 14, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 10, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 647, entitled "AN ACT in relation to aeronautics," with my specific recommendations for change. Senate Bill 647 proposes to amend the Illinois Aeronautics Act to increase the penalties for operating or repairing an aircraft while under the influence of alcohol from a Class A misdemeanor to Class 3
27 [November 15, 2001] felony. Senate Bill 647 also establishes a new Class 4 felony offense of a crewmember "knowingly consuming" any alcohol, narcotic drug or other controlled substance while the aircraft is in operation. Senate Bill 647 further makes it a Class 3 felony to act as a crew member of an aircraft with an blood alcohol content (BAC) of .04 or more. Because a blood alcohol content higher than .04 is generally considered to be "under the influence," Senate Bill 647 creates the potentially confusing situation where a higher blood alcohol content of a crew member on a plane may carry a lower penalty (Class 3 felony) than if the blood alcohol content was .04. I am concerned that Senate Bill 647 contains conflicts within its proposed penalty scheme. Penalties under the law should be appropriate to each violation and be consistent. It is essential that as we implement stricter regulations regarding the responsible use of alcohol and aeronautics operation, we clearly define a penalty scheme that is clear and increases in severity according to the level of the violation. For these reasons, I hereby return Senate Bill 647 with the following recommendations for change: On page 1, line 28, by inserting before the period the following: "or when the alcohol concentration in the person's blood or breath is 0.04 or more based on the definition of blood and breath units contained in Section 11-501.2 of the Illinois Vehicle Code; and On page 1, line 29, by replacing "or act as a crew member of" with "
[November 15, 2001] 28 change to the Senate: Action taken by the Senate, November 15, 2001. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 3, 2001 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 653, "AN ACT in relation to animals" with my specific recommendations for change. Senate Bill 653 amends the Animal Control Act to provide that if a dog is found to be a dangerous dog, the dog must be both muzzled and leashed whenever it is upon a street, sidewalk, or other public place or grounds. It also provides that if the owner of a dangerous dog fails to keep the dog muzzled and leashed as required, and the dog attacks another person, the owner is guilty of a Class 4 felony, except that if the owner acted recklessly, the owner is guilty of a Class 3 felony. Current law provides for civil and administrative action with respect to dangerous dogs. It provides that if the owner of a vicious dog subject to enclosure fails to keep the dog enclosed or as otherwise required by law, and the dog attacks a person, the owner is guilty of a Class 4 felony (currently a Class A misdemeanor), except that if the owner acted recklessly, the owner is guilty of a Class 3 felony (currently a Class 4 felony). There is big difference between a dog found to be vicious and a dog found to be dangerous. A vicious dog is one that has without provocation bitten someone before, attacked a person or domestic animal before, is a breed with a known propensity to attack without provocation or has been found to be a dangerous dog on three separate occasions. The current criminal penalties apply only to a dog found to be vicious which the owner fails to enclose and the dog inflicts great bodily harm or permanent disability on another person. A dangerous dog is a separate category under the Act and is an unmuzzled, unleashed or unattended dog that approaches someone on public property in an apparent attack attitude, but does not attack or bite. There is not a current provision for finding a dog to be a dangerous dog similar to the vicious dog provision; except for a provision allowing a nuisance complaint to be filed in court to require a dangerous dog to be kept on the owner's property. This bill imposes a felony penalty on a person who has taken reasonable steps to keep the vicious dog in an enclosure, but the dog still manages to escape and injure someone. Current law makes this felony only if the keeper knowingly failed to take steps to keep the dog enclosed, which I believe is appropriate. Current law also allows full civil liability for damages. I also question equalizing the penalty for keepers of dangerous dogs with those of vicious dogs, and believe the General Assembly should reconsider this issue.
29 [November 15, 2001] Therefore, for these reasons I make the following recommendations for change: on page 5, line 31, by deleting "4 felony, except that if" and on page 5, line 32, by replacing "
[November 15, 2001] 30 blessed with many talented and dedicated members working diligently toward the building of an active church; many of the members serve in organizations and auxiliaries such as Sunday School, New Members Class, Youth and Adult Usher Board, the Mission, the Calvary Choral Emsemble, the Youth Foundation, the Mother's Board, the Calvary Children's Choir, the Welcoming Committee, Bible Class, the Male Chorus, the Finance Committee, Pastor's Aide, the Deacon Board, the Trustee Board, the Church Planning Committee, and the Church Fundraising Committee; and WHEREAS, Calvary Baptist Church also has several annual activities such as the Annual Vacation Bible School, the Annual Family Month in March, the Annual Church Picnic, the Annual Distribution of Thanksgiving and Christmas Food Baskets, and periodic distribution of clothing; and WHEREAS, Calvary Baptist Church's first worship service was held in Hickory Bend School in Glenwood, Illinois; during the past decade, Calvary Baptist Church has gone through a restructuring of the church's governing body by the establishment of a Trustee Board and the Deacon Board; in addition, the Reverend David Bigsby was ordained on May 2, 1993 and installed as the Pastor of Calvary Baptist Church on August 7, 1994; the Reverend Jeanette Gholston and the Reverend Gregory Hall currently serve as Associate Ministers; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Calvary Baptist Church on the celebration of its 21st anniversary of service and ministry to the residents of Glenwood, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Reverend David Bigsby, the pastor of Calvary Baptist Church, as an expression of our esteem. HOUSE RESOLUTION 530 Offered by Representative Forby: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of businesses in the State of Illinois; and WHEREAS, It has come to our attention that the Stotlar-Herrin Lumber Company is celebrating its 100th anniversary of service this year; and WHEREAS, Stotlar-Herrin Lumber Company was incorporated on May 1, 1901; the original stockholders were Fred Stotlar, Harry Stotlar, Ed Stotlar, William Stotlar, and Paul Herrin; and WHEREAS, For the past century, Stotlar-Herrin Lumber Company has been run by five generations of Stotlars; its current president is Fred Stotlar, a great-grandson of one of the founders; and WHEREAS, Stotlar-Herrin Lumber Company proudly serves four locations in Southern Illinois, including West Frankfort, Benton, Christopher, and Johnston City; and WHEREAS, Stotlar-Herrin Lumber company strives to give quality roofing, siding, plywood, lumber, paint, and hardware in a courteous way and with a mind toward serving the community; in addition, Stotlar-Herrin Lumber Company partners with the Frankfort Community High School to provide athletics, drama, and student publications; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Stotlar-Herrin Lumber Company on 100 years of service to the residents of Southern Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Fred Stotlar as an expression of our esteem. HOUSE RESOLUTION 531 Offered by Representative Wojcik: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Mari-Rae Sopper, a native of Inverness, Illinois, who passed away on
31 [November 15, 2001] September 11, 2001 on American Airlines Flight 77; and WHEREAS, Mari-Rae Sopper was born on June 19, 1966 to Bill Sopper and Marian Kminek; and WHEREAS, Mari-Rae Sopper was a graduate of William Fremd High School in Palatine, where she competed in gymnastics; during her high school career she was named an All-American on all four events, a state champion gymnast, Fremd High School's Athlete of the Year and Illinois' Outstanding Senior Gymnast of the Year; in addition, she excelled in academics earning recognition as an Illinois State Scholar and a National Merit Scholar; and WHEREAS, Ms. Sopper went on to Iowa State University and graduated with a degree in Exercise Science; she competed for four years on the Iowa State Women's Gymnastics team, where she was voted Iowa State's Most Valuable Gymnast in her senior year; and WHEREAS, After graduating from Iowa State, Ms. Sopper earned her master's degree in Athletic Administration from North Texas University; at the same time, she served as a Junior Olympic Gymnastics coach in Dallas, where she was well-known in the nation's gymnastics community and had a reputation for her beautifully choreographed dance routines; and WHEREAS, Ms. Sopper was a strong advocate for women's rights and civil rights, beliefs that led her to enroll at the University of Denver College of Law, where she was a member of the Law Review and graduated in 1996; while completing her law degree, she served as an assistant coach at the Colorado Gymnastics Institute; and WHEREAS, Ms. Sopper practiced law in Washington, D.C. as a Lieutenant on the Navy's JAG Corps focusing on Defense and Appellate Defense; she was also a member of the Supreme Court Bar; while in Washington, she kept her enthusiasm for gymnastics alive by serving as an assistant coach and choreographer for the U.S. Naval Academy women's gymnastics team; most recently, she was an assistant coach and choreographer at George Washington University; and WHEREAS, Ms. Sopper left the JAG Corps and became an associate at the law firm of Schmeltzer, Aptaker and Shepard; after serving for a year, she realized that her desire to coach gymnastics was overwhelming and therefore accepted the head coach position at the University of California at Santa Barbara for the women's gymnastics team; and WHEREAS, The passing of Mari-Rae Sopper will be deeply felt by all who knew and loved her, especially her parents, Bill Sopper and Marion (husband, Frank) Kminek; her sisters, Tammy Sopper, Christina Kminek, and Stacy Sopper; her brothers, Christopher Kminek and Frank (wife, Beth) Kminek; her grandparents, Lilian Dahlstrom and Janie Bonara; and her many friends and colleagues whose lives she touched in more ways than one; 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 Mari-Rae Sopper, formerly of Inverness, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Mari-Rae Sopper with our sincere condolences. HOUSE RESOLUTION 532 Offered by Representative Howard: WHEREAS, The Honorable Eugene Sawyer is a native of Alabama; the eldest of 6 children, he traveled to Chicago every summer while attending Alabama State University in Montgomery; he lived with his aunt on the South Side and held summer jobs making touch-up paint for cars at Dupli-Color Products Company, and assembling automatic sprinklers at Rockwood Sprinkler Company; and WHEREAS, After graduating from college in 1956 with a degree in secondary education, Eugene Sawyer taught mathematics and chemistry for a year at a high school in Prentiss, Mississippi, but in 1957 he moved to Chicago permanently; and WHEREAS, Unable to locate a job in a laboratory, Eugene Sawyer ended up working for Rockwood Sprinklers for 2 years; in 1959, his
[November 15, 2001] 32 cousin helped him land a position as a laborer on the city's South Side water-filtration plant; and WHEREAS, City jobs were just not handed out to anyone in those days, most city employees were expected to join a Democratic ward organization, and to kick in 1 to 2 percent of their paychecks as dues; Eugene Sawyer dutifully joined the 6th Ward organization and began methodically working his way up; and WHEREAS, As Eugene Sawyer rose through the ranks of the ward organization, he rose through the patronage ranks of the city water department as well; he became president of the 6th Ward Young Democrats, financial secretary of the entire ward organization, and finally its president, a position that was second in command to his political mentor, Robert Miller, the 6th Ward alderman and democratic committeeman; and WHEREAS, Eugene Sawyer served as alderman of the 6th Ward from 1972 to 1987; during his stint as alderman, Mr. Sawyer served as mayor pro tem under Harold Washington from 1985 to 1987; and WHEREAS, After the sudden and unexpected death of the late Mayor Harold Washington, and after a long turbulent night at City Hall, Eugene Sawyer was sworn in as Mayor of Chicago at 4:01am on December 2, 1987 by City Clerk Walter Kozubowski; and WHEREAS, Eugene Sawyer's quiet and effective leadership expanded Chicago's governmental outreach of cooperative partnerships in business and industry; his many accomplishments include: (1) Convening a broad range of youth service providers whose expertise was needed to study and review the problems and issues which affect youth and present recommendations to government; (2) Generating resources to honor and award youth who excel in school through such programs as "The Mayor's Super Scholars", an annual program which honors all Chicago Public Schools Class Valedictorians, and "The Annual Science Fair"; (3) Recruiting and funding of community-based organizations and churches that were interested in providing wholesome educational, recreational, and cultural programs and services as positive alternatives to gangs, crimes, and violence; (4) Fighting vigorously for a school reform package to transform the Chicago Public School System and laying the foundation for the successful tenure of School Superintendent Paul Vallas; and (5) Providing national leadership, via the Conference of Mayors, to transform public policy's emphasis on problem youth to an emphais on productive youth and moving families in poverty from dependency to self-sufficency; and WHEREAS, Eugene Sawyer's accomplishments and wisdom over the years have greatly benefitted the citizens of Chicago; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Eugene Sawyer for his years of dedicated service and support to the citizens of Chicago and that we extend to him a special congratulations on the celebration of his 67th birthday; and be it further RESOLVED, That a suitable copy of this resolution be presented to Eugene Sawyer as an expression of our esteem. HOUSE RESOLUTION 533 Offered by Representative Zickus: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Mary Alma Koerner, who recently passed away; and WHEREAS, Mary Alma Koerner was born on November 17, 1901 in Ellis, Kansas; she graduated from Kansas University with a teaching degree with a minor in music; and WHEREAS, Mary Alma Koerner married Anthony Koerner in 1920; to this union three sons were born, Wesley, Richard, and James; and WHEREAS, The Koerners moved to the Chicago area in 1927 where Mary pursued her music career; and WHEREAS, Mrs. Koerner worked for the Central States Teamworkers'
33 [November 15, 2001] Union and she taught third and fourth grade at Sacred Heart Grammar School; after her retirement from teaching, she began working for the Palos Hills Park District, where she started the PLOWS program; and WHEREAS, Over the years, Mrs. Koerner served as a member to many organizations and was instrumental in starting some; she was President of the Council of Catholic Women, President of the Daughters of Isabella, The Altar and Rosary Society, and President of the Women for Democratic Action; she also joined several Palos Hills Clubs for Senior Citizens and served as President of several organizations; and WHEREAS, Mrs. Koerner served as the Illinois Representative for the 3rd Congressional District on President Reagan's Council for the Aging; and WHEREAS, The passing of Mary Alma Koerner will be deeply felt by all who knew and loved her, especially her surviving son; her seven grandchildren; and her several great-grandchildren; 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 Mary Alma Koerner of Palos Hills, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Mary Alma Koerner with our sincere condolences. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3670. Introduced by Representative Hartke, a bill for AN ACT concerning taxes. HOUSE BILL 3671. Introduced by Representative Julie Curry, a bill for AN ACT concerning motor fuel. HOUSE BILL 3672. Introduced by Representative Hannig, a bill for AN ACT relating to schools. HOUSE BILL 3673. Introduced by Representative Black, a bill for AN ACT in relation to schools. HOUSE BILL 3674. Introduced by Representatives Fritchey - Acevedo - McAuliffe - Bugielski - Schmitz, a bill for AN ACT concerning criminal law. HOUSE BILL 3675. Introduced by Representative McGuire, a bill for AN ACT making appropriations. HOUSE BILL 3676. Introduced by Representatives Yarbrough - Miller - Soto, a bill for AN ACT concerning criminal law. HOUSE BILL 3677. Introduced by Representative Collins, a bill for AN ACT concerning education. HOUSE BILL 3678. Introduced by Representative Collins, a bill for An Act concerning recycling. HOUSE BILL 3679. Introduced by Representative Smith, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3680. Introduced by Representatives Black - Righter - Wirsing, a bill for AN ACT in relation to public aid. HOUSE BILL 3681. Introduced by Representative Bill Mitchell, a bill for AN ACT in relation to credit. HOUSE BILL 3682. Introduced by Representative Bassi, a bill for AN ACT concerning government security procedures. HOUSE BILL 3683. Introduced by Representative Acevedo, a bill for AN ACT in relation to public aid. CHANGE OF SPONSORSHIP Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 129.
[November 15, 2001] 34 CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Giles submitted the following First Conference Committee Report on HOUSE BILL 1840 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1840 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1840, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 1840 be amended by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by adding Section 7-31 and changing Sections 10-21.9 and 34-18.5 as follows: (105 ILCS 5/7-31 new) Sec. 7-31. Annexation of contiguous portion of elementary or high school district. (a) In this Section: "Contiguous" means having a common border of not less than 100 linear feet. "Specially qualified professional land surveyor" means a professional land surveyor whose credentials include serving or having served as a paid advisor or consultant to at least 2 of the following: any department, board, commission, authority, or other agency of the State of Illinois. (b) Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district must be detached from that district and annexed to an adjoining elementary school district to which the portion is also contiguous and any contiguous portion of a high school district must be detached from that district and annexed to an adjoining school district to which the portion is also contiguous (herein referred to as "the Territory") upon a petition or petitions filed under this Section if all of the following conditions are met with respect to each petition: (1) The Territory is to be detached from a school district that is located predominantly (meaning more than 50% of the district's area) in a county of not less than 2,000,000 and is to be annexed into a school district located overwhelmingly (meaning more than 75% of its area) in a county of not less than 750,000 and not more than 1,500,000, and, on the effective date of this amendatory Act of the 92nd General Assembly, the Territory consists of not more than 500 acres of which not more than 300 acres is vacant land and of which not more than 200 acres is either platted for or improved with residences and is located predominately (meaning more than 50% of its area) within a municipality that is (i) located predominantly (meaning more than 50% of the area of the municipality) outside the elementary or high school district from which the Territory is to be detached and (ii) located partly or wholly within the territorial boundaries of the adjoining elementary or high school district to which the Territory is to be annexed. Conclusive proof of the boundaries of each school district and the municipality is a document or documents setting forth the boundaries and certified by the county clerk of each county or by the clerk of the municipality as being a correct copy of records on file with the county clerk or the clerk
35 [November 15, 2001] of the municipality as of a date not more than 60 days before the filing of a petition under this Section. If the records of the respective clerks show boundaries as of different dates, those records are deemed contemporaneous for purposes of this Section. (2) The equalized assessed valuation of the taxable property of the Territory constitutes less than 5% of the equalized assessed valuation of the taxable property of the school district from which it is to be detached. Conclusive proof of the equalized assessed valuation of each district is a document or documents stating the equalized assessed valuation and certified, by the county clerk of a county of not less than 2,000,000 and by the county assessor or township assessor in a county of not less than 750,000 and not more than 1,500,000, as correct by the certifying office as of a date not more than 60 days before the filing of a petition under this Section. If the records from the 2 counties show equalized assessed valuation as of different dates, those records are deemed contemporaneous for purposes of this Section. (3) The Territory is predominately (meaning more than 50% of its area) within a municipality that is predominantly (meaning more than 50% of the area of the municipality) within a county of not less than 750,000 and not more than 1,500,000. Conclusive proof of boundaries of the municipality is a document or documents setting forth the boundaries and certified by the county clerk of the county in which the municipality is located or by the clerk of the municipality as correct as of a date not more than 60 days before the filing of a petition under this Section. (4) The Territory, as of a date not more than 60 days before the filing of a petition, has not been developed with structures for commercial, office, or industrial uses, except for temporary buildings or structures constructed pursuant to a permit or permits by the applicable permitting authority for an initial term of not more than 15 years. Conclusive proof of the development of the land is a notarized statement, as of a date not more than 60 days before the filing of a petition under this Section, by a specially qualified professional land surveyor licensed by the State of Illinois. (5) The area of the Territory is 5% or less of the area of the school district from which it is to be detached. Conclusive proof of the areas is a notarized written statement by a specially qualified professional land surveyor licensed by the State of Illinois. (6) Travel on public roads within 5 miles from the Territory to schools in the school district from which the Territory is to be detached requires crossing an interstate highway. Travel on public roads within 5 miles from the Territory to schools in the school district to which the Territory is to be annexed does not require crossing an interstate highway. Conclusive proof of the facts in this paragraph (6) is a notarized written statement by a specially qualified professional land surveyor licensed by the State of Illinois. (c) No school district may lose more than 5% of its equalized assessed valuation nor more than 5% of its territory through petitions filed under this Section. If a petition seeks to detach territory that would result in a cumulative total of more than 5% of the district's equalized assessed valuation or more than 5% of the district's territory being detached under this Section, the petition shall be denied without prejudice to its being filed pursuant to Section 7-6 of this Code. (d) Conclusive proof of the population of a county is the most recent federal decennial census. (e) A petition filed under this Section with respect to the Territory must be filed with the regional board of school trustees of the county where the Territory is located (herein referred to as the Regional Board) at its regular offices not later than the 24 months after the effective date of this amendatory Act of the 92nd General Assembly and (i) in the case of any portion of the Territory not
[November 15, 2001] 36 developed with residences, signed by or on behalf of the taxpayers of record of properties constituting 60% or more of the land not so developed and (ii) in the case of any portion of the Territory developed by residences, signed by 60% or more of registered voters residing in the residences. Conclusive proof of who are the taxpayers of record is a document certified by the assessor of the county or township in which the property is located as of a date not more than 60 days before the filing of a petition under this Section. Conclusive proof of who are registered voters is a document certified by the board of election commissioners for the county in which the registered voters reside as of a date not earlier than 60 days before the filing of the petition. Conclusive proof of the area of the Territory and the area of properties within the Territory is a survey or notarized statement, as of a date not more than 60 days before the filing of the petition, by a specially qualified professional land surveyor licensed by the State of Illinois. (f) The Regional Board must (1) hold a hearing on each petition at its regular offices within 90 days after the date of filing; (2) render a decision granting or denying the petition within 30 days after the hearing; and (3) within 14 days after the decision, serve a copy of the decision by certified mail, return receipt requested, upon the petitioners and upon the school boards of the school districts from which the territory described in the petition is sought to be detached and to which the territory is sought to be annexed. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land not developed with residences, and if the 2 petitions are filed within 28 days of each other, the petitions must be consolidated for hearing and heard at the same hearing. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land developed with residences, and if the petitions are filed within 28 days of each other, the 2 petitions must be consolidated for hearing and heard at the same hearing. If the Regional Board does not serve a copy of the decision within the time and in the manner required, any petitioner has the right to obtain, in the circuit court of the county in which the petition was filed, a mandamus requiring the Regional Board to serve the decision immediately to the parties in the manner required. Upon proof that the Regional Board has not served the decision to the parties or in the manner required, the circuit court must immediately issue the order. The Regional Board has no authority or discretion to hear any evidence or consider any issues at the hearing except those that may be necessary to determine whether the conditions and limitations of this Section have been met. If the Regional Board finds that such conditions and limitations have been met, the Regional Board must grant the petition. The Regional Board must (i) give written notice of the time and place of the hearing not less than 30 days prior to the date of the hearing to the school board of the school district from which the territory described in the petition is to be detached and to the school board of the school district to which the territory is to be annexed and (ii) publish notice of the hearing in a newspaper that is circulated within the county in which the territory described in the petition is located and is circulated within the school districts whose school boards are entitled to notice. (g) If the granting of a petition filed under this Section has become final either through failure to seek administrative review or by the final decision of a court on review, the change in boundaries becomes effective forthwith and for all purposes, except that if granting of the petition becomes final between September 1 of any year and June 30 of the following year, the administration of and attendance at the schools are not affected until July 1 of the following year, at which time the change becomes effective for all purposes. After the granting of the petition becomes final, the date when the change becomes effective for purposes of administration and attendance may,
37 [November 15, 2001] in the case of land improved with residences, be accelerated or postponed either (i) by stipulation of the school boards of the school districts from which the territory described in the petition is detached and to which the territory is annexed or (ii) by stipulation of the registered voters who signed the petition. Their stipulation may be contained in the petition or a separate document signed by them. Their stipulation must be filed with the Regional Board not later than 120 days after approval of their petition. (h) The decision of the Regional Board is a final "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any petitioner or the school board of the school district from which the land is to be detached or of the school district to which the land is to be annexed may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail upon the affected party thereby or upon an attorney of record for such party, apply for a review of the decision in accordance with the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law. Standing to apply for or in any manner seek review of the decision is limited exclusively to a petitioner or school district described in this Section. The commencement of any action for review operates as a supersedeas, and no further proceedings are allowed until final disposition of the review. The circuit court of the county in which the petition is filed with the Regional Board has sole jurisdiction to entertain a complaint for review. (i) This Section (i) is not limited by and operates independently of all other provisions of this Article and (ii) constitutes complete authority for the granting or denial by the Regional Board of a petition filed under this Section when the conditions prescribed by this Section for the filing of that petition are met or not met as the case may be. (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) Sec. 10-21.9. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
[November 15, 2001] 38 the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment or student teacher has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant or student teacher shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If a student teacher has undergone a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the school board for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the school district, the presidents of the appropriate school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of
39 [November 15, 2001] any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute teacher in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No school board shall knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961"; (ii) those defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the "Illinois Controlled Substances Act"; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, no school board shall knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) No school board shall knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) Sec. 34-18.5. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
[November 15, 2001] 40 teaching in that district, to authorize an investigation to determine if such applicants or student teachers have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant or student teacher to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, or a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the investigation to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's or student teacher's name, sex, race, date of birth and social security number to the Department of State Police on forms prescribed by the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment or student teacher has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant or student teacher shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If a student teacher has undergone a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the board of education for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the investigation
41 [November 15, 2001] was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, the board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) The board of education shall not knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of
[November 15, 2001] 42 education or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After March 19, 1990, the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) Section 99. Effective date. This Act takes effect upon becoming law, except that the changes to Sections 10-21.9 and 34-18.5 of the School Code take effect on July 1, 2002.". Submitted on November 14, 2001. s/Sen. Ed Petka s/Rep. Calvin L. Giles s/Sen. Dan Cronin Rep. Barbara Flynn Currie s/Sen. Peter Roskam Rep. Gary Hannig s/Sen. Lisa Madigan Rep. Art Tenhouse s/Sen. Vince Demuzio Rep. Dan Rutherford Committee for the Senate Committee for the House CONFERENCE COMMITTEE REPORT APPOINTMENTS Representative Hassert moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 3247. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Hartke, Burke, Currie; Tenhouse and Hassert. Ordered that the Clerk inform the Senate. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 527 Offered by Representative Delgado: WHEREAS, Beginning sixty years ago, because of the labor shortage due to the United States World War II effort, the federal government issued contracts to Mexicans willing to cross the border for temporary employment; and WHEREAS, As a result, hundreds of thousands of Mexicans worked in the United States agricultural fields and railroads as a part of the Bracero program from 1942 to 1965; and WHEREAS, A provision of the program allowed for 10 percent of the wages that the workers earned from 1942 to 1949 to be deducted and put into savings accounts; and WHEREAS, This portion of their wages was to be transferred through the United States government to Mexico's central bank and Mexican banks
43 [November 15, 2001] were to pay out the funds to the former Bracero workers upon their return to Mexico; and WHEREAS, Many Bracero workers were never told about the savings fund nor how to collect the money deducted from their salary; and WHEREAS, When the former Bracero workers who knew of the fund attempted to collect their wages from the Mexican banks, many were unable to do so; and WHEREAS, The disposition of these funds is currently unknown; and WHEREAS, At the time the former Bracero workers attempted to claim their earnings the account would have been worth from thirty million dollars ($30,000,000) to sixty million dollars ($60,000,000); and WHEREAS, After more than 50 years, a number of lawsuits have been filed this year for the purpose of recouping these funds for the former Bracero workers; and WHEREAS, The former Bracero workers deserve to be heard in court and to have this issue resolved; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United States Attorney General to make the resolution of this issue a priority; and be it further RESOLVED, That we urge the United States government to fully cooperate in the effort to determine why money owed to Bracero workers was not paid, including making available all records relating to the savings fund program; and be it further RESOLVED, That we urge the United States government through appropriate diplomatic channels to seek the full cooperation of the Mexican government in the effort to determine why money owed to Bracero workers was not paid, including making available all records from the Mexican government and public banking institutions relating to the savings fund program; and be it further RESOLVED, That suitable copies of this resolution be presented to the United States Attorney General and the United States Secretary of State. HOUSE RESOLUTION 529 Offered by Representative Stephens: WHEREAS, The O'Fallon Chamber of Commerce is dedicated to promoting the economic growth and vitality of a thriving Metro-East city; and WHEREAS, The schools in the city of O'Fallon rank among the top 10 percent in the country; and WHEREAS, The city of O'Fallon generates sales tax above the state average; and WHEREAS, The city of O'Fallon has per capita income above state and national averages; and WHEREAS, The city of O'Fallon is one of the fastest growing cities in southern Illinois; and WHEREAS, The new Illinois legislative map divides the city of O'Fallon into three state representative and three state senate districts; and WHEREAS, The southern portion of the city of O'Fallon has been drawn into the same legislative district as East St. Louis; and WHEREAS, The City of East St. Louis does not possess any of the above characteristics and has no common characteristics with O'Fallon and is plagued with financial, public safety, education, crime, decreasing population, and decreasing tax base issues; and WHEREAS, It is impossible for one representative to effectively represent both East St. Louis and O'Fallon, and to put both cities in the same legislative district will deprive both cities of adequate representation; and WHEREAS, The future viability of O'Fallon depends on strong representation in the Illinois General Assembly; and WHEREAS, A resolution was recently adopted by the O'Fallon Chamber of Commerce in opposition to the Illinois legislative map approved by the Illinois Redistricting Commission; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
[November 15, 2001] 44 GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we stand in strong opposition to the Illinois legislative map approved by the Redistricting Commission; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Director of the Illinois Redistricting Commission. HOUSE RESOLUTION 534 Offered by Representative Collins: WHEREAS, The tragic events of September 11 bear witness to the urgent need to enhance the security of ground transportation systems, airline security, and the security of Illinois' water filtration and nuclear power plants to combat terrorism; and WHEREAS, The Federal Transit Administration (FTA), the United States Department of Transportation (DOT), and the United States Department of Energy (DOE) have undertaken an initiative, known as the PROTECT program, to provide protection from chemical and biological terrorist attacks on the trains and buses operated by the Washington Metropolitan Area Transit Authority in the District of Columbia; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the FTA, DOT, and DOE to work with the Illinois Department of Transportation (IDOT), the Chicago Transit Authority (CTA), the Regional Transportation Authority (RTA), Metra, Pace, and the National Railroad Passenger Corporation (Amtrak) to undertake an initiative similar to the PROTECT program to provide protection from chemical and biological terrorist attacks on the trains and buses operated in Illinois by those entities; and be it further RESOLVED, That we urge the FTA, DOT, DOE, and IDOT to establish a task force to review and enhance the security efforts of the CTA, the RTA, Metra, Pace, and AMTRAK by doing the following: training the security employees of those entities to achieve a quicker, more efficient response to a potential terrorist attack; installing equipment to pinpoint an intruder on train tracks; installing digital cameras on all buses and trains; purchasing protective equipment, such as gas masks, gloves, and protective clothing for employees; and training and directing security personnel in anti-terrorism efforts and responding to potential emergencies; and be it further RESOLVED, That we urge the Federal Aviation Administration (FAA) to require all airline carriers to ensure that security personnel have visually inspected the contents of all items of carry-on luggage before those items are taken aboard their aircraft; and be it further RESOLVED, That we urge the Department of State Police, the Illinois Department of Nuclear Safety, the Illinois Department of Public Health, and the Illinois Adjutant General, in consultation with the appropriate federal agencies, to establish a task force to review and implement enhanced security measures at nuclear power plants and water filtration plants located within the State of Illinois; and be it further RESOLVED, That copies of this resolution be delivered to the Secretary of Transportation of the United States, the Secretary of Energy of the United States, the Administrator of the Federal Transit Administration, the Illinois Secretary of Transportation, the Administrator of the Federal Aviation Administration, the Director of State Police, the Illinois Director of Nuclear Safety, the Illinois Director of Public Health, and the Illinois Adjutant General. HOUSE RESOLUTION 535 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives find that the rate of reimbursement for State agency human services grants and contracts are almost all insufficient, compared to the actual cost of providing the required program or service for State eligible vulnerable Illinois residents to be served under State authorized and appropriated State agencies; and
45 [November 15, 2001] WHEREAS, The trend of funding community based services for State eligible vulnerable populations have led to the deterioration of rate structures to the current level of 65-75% of actual cost for most services; and WHEREAS, State government officials promised to provide full funding for deinstitutionalized patients of human services agencies at a level of support equal to what these State agency caseload families and individuals were having expended on their behalf under direct State care during the 1970s and 1980s; and WHEREAS, The current financial disparity between State reimbursement rates for quality human services and the actual cost of delivering such services is draining our communities' infrastructure of non-profit and other organizations, to the detriment of non-State funded programs and services that are being curtailed around the State; and WHEREAS, Human services providers around the State are beginning to financially collapse, due to State underfunding of human services grants and contracts for service, and other providers are choosing to not continue their State grants and contracts to serve locally vulnerable populations, leaving the State agencies to contract at a much higher rate with replacement providers, often with for-profit groups, to cover the required region; and WHEREAS, The inability of most State funded human services programs to be able to pay their direct service workers a living wage creates excessive staff turnover disruptive to client services and negates the importance of human services as a function of State government and Illinois society; and WHEREAS, The issue of rate parity has become too great to address with just annual Cost of Doing Business annual adjustments, since these rate adjustments presume that the base rate being adjusted is reasonable and equitable; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Governor of the State of Illinois include a substantial rate increase for human services in his proposed Illinois State Government Budget for Fiscal Year 2003, including funding for both an annual Cost of Doing Business increase; and be it further RESOLVED, That the Governor also include in his Fiscal Year 2003 proposed Illinois State Government Budget for the first of a series of annual rate corrections to restore rate equity to quality State human services provided at the community level; and be it further RESOLVED, That a copy of this resolution be shared with His Excellency the Governor within thirty days of its adoption by this chamber, while budgetary planning for the next fiscal year is concluding. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Smith moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 1011, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 1011 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 1011 as follows: on page 3, line 19, by replacing "municipality" with "county". And on that motion, a vote was taken resulting as follows: 108, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 2) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change.
[November 15, 2001] 46 Pursuant to the Motion submitted previously, Representative Righter moved that HOUSE BILL 3078 do pass, the Veto of the Governor notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 103, Yeas; 10, Nays; 0, Answering Present. (ROLL CALL 3) The motion, having received the votes of three-fifths of the Members elected, prevailed and the bill was declared passed, the veto of the Governor notwithstanding. Ordered that the Clerk inform the Senate and ask their concurrence. Pursuant to the Motion submitted previously, Representative Brunsvold moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 1696, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 1696 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 1696 as follows: on page 1, line 20, after "hold", by inserting "(i) a 2-year degree and 3 consecutive years of experience as a police officer with the same law enforcement agency or (ii)". And on that motion, a vote was taken resulting as follows: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This motion, having received the votes of three-fifths of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. SENATE BILLS ON FIRST READING Having been printed, the following bill was taken up, read by title a first time and placed in the Committee on Rules: SENATE BILL 88. 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 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. 44 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF | THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 15, 2001, the Senate stands adjourned until Tuesday, November 27, 2001, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, November 27, 2001, at 1:00 o'clock p.m. Adopted by the Senate, November 15, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 44 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 44 was adopted. Ordered that the Clerk inform the Senate.
47 [November 15, 2001] At the hour of 4:30 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 44, the House stood adjourned until Tuesday, November 27, 2001, at 1:00 o'clock p.m.
[November 15, 2001] 48 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 15, 2001 0 YEAS 0 NAYS 113 PRESENT P ACEVEDO P ERWIN P LAWFER E PARKE P BASSI P FEIGENHOLTZ P LEITCH P PERSICO P BEAUBIEN P FLOWERS P LINDNER P POE P BELLOCK P FORBY P LYONS,EILEEN P REITZ P BERNS P FOWLER P LYONS,JOSEPH P RIGHTER P BIGGINS P FRANKS P MATHIAS P RUTHERFORD P BLACK P FRITCHEY P MAUTINO P RYAN P BOLAND P GARRETT P MAY P SAVIANO P BOST P GILES P McAULIFFE P SCHMITZ P BRADLEY P GRANBERG P McCARTHY P SCHOENBERG P BRADY P HAMOS P McGUIRE P SCULLY P BROSNAHAN P HANNIG P McKEON E SLONE P BRUNSVOLD P HARTKE P MENDOZA P SMITH P BUGIELSKI P HASSERT P MEYER P SOMMER P BURKE P HOEFT P MILLER P SOTO P CAPPARELLI P HOFFMAN P MITCHELL,BILL P STEPHENS P COLLINS P HOLBROOK P MITCHELL,JERRY P TENHOUSE P COLVIN P HOWARD P MOFFITT P TURNER P COULSON E HULTGREN P MOORE P WAIT P COWLISHAW P JEFFERSON P MORROW P WINKEL P CROSS P JOHNSON P MULLIGAN P WINTERS P CROTTY P JONES,JOHN P MURPHY P WIRSING P CURRIE P JONES,LOU P MYERS P WOJCIK P CURRY P JONES,SHIRLEY P NOVAK P WRIGHT P DANIELS E KENNER P O'BRIEN P YARBROUGH P DART P KLINGLER P O'CONNOR P YOUNGE P DAVIS,MONIQUE P KOSEL P OSMOND P ZICKUS P DAVIS,STEVE P KRAUSE P OSTERMAN P MR. SPEAKER P DELGADO P KURTZ P PANKAU P DURKIN P LANG E - Denotes Excused Absence
49 [November 15, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1011 MUNI CD-ZONING JURISDICTION ACCEPT AMENDATORY VETO PREVAILED NOV 15, 2001 108 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER E PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD N BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO N BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON E SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 15, 2001] 50 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3078 FOIA-LITIGATION SETTLEMENT OVERRIDE TOTAL VETO THREE-FIFTHS VOTE REQUIRED PREVAILED NOV 15, 2001 103 YEAS 10 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER E PARKE Y BASSI Y FEIGENHOLTZ N LEITCH N PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER N BIGGINS Y FRANKS Y MATHIAS N RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON E SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY N TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL N CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT N DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE N KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ N PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
51 [November 15, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1696 DNR-CONSERV OFFICER STANDARDS ACCEPT AMENDATORY VETO THREE-FIFTHS VOTE REQUIRED PREVAILED NOV 15, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER E PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON E SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence