STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
122ND LEGISLATIVE DAY
TUESDAY, APRIL 23, 2002
1:00 O'CLOCK P.M.
NO. 122
[April 23, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 122nd Legislative Day Action Page(s) Adjournment........................................ 37 Committee on Rules Referrals....................... 5 Fiscal Note Requested.............................. 5 Fiscal Note Supplied............................... 5 Introduction and First Reading - HB6282-6282....... 6 Judicial Note Supplied............................. 5 Letter of Transmittal.............................. 4 Quorum Roll Call................................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 2207 Adopt First Conference Committee Report............ 9 HB 5577 Motion Submitted................................... 5 HJR 0071 Action on Motion................................... 32 HJR 0071 Resolution......................................... 30 HR 0822 Resolution......................................... 32 HR 0823 Agreed Resolution.................................. 6 HR 0824 Resolution......................................... 33 HR 0825 Agreed Resolution.................................. 6 HR 0826 Resolution......................................... 34 HR 0827 Resolution......................................... 34 HR 0828 Agreed Resolution.................................. 7 HR 0829 Resolution......................................... 35 HR 0830 Agreed Resolution.................................. 7 HR 0835 Action on Motion................................... 32 HR 0835 Resolution......................................... 31 SB 0929 Third Reading...................................... 8 SB 1524 Second Reading..................................... 10 SB 1527 Third Reading...................................... 9 SB 1530 Third Reading...................................... 9 SB 1531 Third Reading...................................... 9 SB 1537 Second Reading..................................... 11 SB 1569 Second Reading..................................... 11 SB 1571 Second Reading - Amendment/s....................... 11 SB 1606 Second Reading..................................... 11 SB 1627 Second Reading..................................... 11 SB 1646 Second Reading - Amendment/s....................... 11 SB 1664 Second Reading..................................... 11 SB 1668 Second Reading..................................... 11 SB 1683 Third Reading...................................... 10 SB 1685 Second Reading..................................... 11 SB 1686 Second Reading - Amendment/s....................... 13 SB 1687 Second Reading..................................... 11 SB 1688 Second Reading..................................... 11 SB 1695 Third Reading...................................... 9 SB 1705 Second Reading..................................... 11 SB 1706 Second Reading..................................... 11 SB 1710 Committee Report................................... 5 SB 1713 Third Reading...................................... 10 SB 1726 Second Reading..................................... 11 SB 1734 Second Reading..................................... 11 SB 1756 Second Reading..................................... 11 SB 1782 Second Reading..................................... 11 SB 1795 Committee Report-Floor Amendment/s................. 5 SB 1803 Second Reading - Amendment/s....................... 22 SB 1806 Third Reading...................................... 10
3 [April 23, 2002] Bill Number Legislative Action Page(s) SB 1808 Third Reading...................................... 10 SB 1820 Second Reading..................................... 11 SB 1830 Third Reading...................................... 10 SB 1854 Second Reading - Amendment/s....................... 22 SB 1926 Third Reading...................................... 23 SB 1966 Second Reading..................................... 11 SB 1968 Second Reading..................................... 11 SB 1978 Second Reading..................................... 11 SB 1996 Third Reading...................................... 29 SB 1999 Second Reading..................................... 11 SB 2001 Second Reading..................................... 11 SB 2022 Second Reading..................................... 11 SB 2037 Second Reading..................................... 11 SB 2049 Second Reading..................................... 11 SB 2050 Second Reading..................................... 11 SB 2052 Second Reading..................................... 11 SB 2068 Second Reading..................................... 11 SB 2072 Second Reading..................................... 11 SB 2074 Second Reading..................................... 11 SB 2117 Second Reading..................................... 11 SB 2149 Second Reading..................................... 11 SB 2161 Third Reading...................................... 29 SB 2198 Second Reading..................................... 11 SB 2209 Second Reading..................................... 11 SB 2211 Second Reading..................................... 11 SB 2223 Second Reading..................................... 11 SB 2224 Second Reading..................................... 11 SB 2227 Second Reading..................................... 11 SB 2245 Second Reading..................................... 11 SB 2269 Second Reading - Amendment/s....................... 23 SB 2271 Second Reading..................................... 11 SB 2313 Second Reading..................................... 11 SB 2323 Second Reading..................................... 11
[April 23, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Giles led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representatives O'Brien and Stephens were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Tenhouse replaced Representative Sommer, and Representative Coulson replaced Representative Mathias in the Committee on Appropriations-General Services & Government Oversight on April 17, 2002. Representative Lou Jones replaced Representative Shirley Jones in the Committee on Environment & Energy on April 17, 2002. Representative Osterman replaced Representative Flowers in the Committee on Human Services on April 17, 2002. Representative McCarthy replaced Representative Scott in the Committee on Judiciary I - Civil Law on April 17, 2002. Representative Mendoza replaced Representative Shirley Jones in the Committee on Labor on April 17, 2002. Representative Franks replaced Representative McKeon, Representative Osterman replaced Representative Kenner, and Representative Franks replaced Representative Kenner in the Committee on Appropriations - General Services on April 17, 2002. Representative Mautino replaced Representative Curry in the Committee on Child Support Enforcement on April 17, 2002. Representative Lyons replaced Representative Giles in the Committee on Higher Education on April 17, 2002. Representative Reitz replaced Representative Franks in the Committee on State Government Administration on April 17, 2002. Representative Collins replaced Representative Kenner in the Committee on Revenue on April 18, 2002. LETTER OF TRANSMITTAL JACK D. FRANKS State Representative - 63rd District Tony Rossi Clerk of the House The House of Representatives 402 Capitol Springfield, IL 62706 Dear Clerk Rossi: I have a potential conflict of interest with the subject material in House Bill 2207. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks
5 [April 23, 2002] REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 1795. 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 State Government Administration: HOUSE RESOLUTION 835; HOUSE JOINT RESOLUTION 71. JOINT ACTION MOTIONS SUBMITTED Representative Biggins submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 1 to HOUSE BILL 5577. REQUEST FOR FISCAL NOTE Representative Cross requested that a Fiscal Note be supplied for SENATE BILL 2067. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 1782, 1820, 1830, as amended, 2001, 2050 and 2241. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 1934. CORRECTED REPORT FROM STANDING COMMITTEE Representative Kenner, Chairperson, from the Committee on State Government Administratin to which the following were referred, action taken on April 17, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1710. The committee roll call vote on SENATE BILL 1710 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair A Franks Y Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler Y Righter Y Wirsing INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time,
[April 23, 2002] 6 ordered printed and placed in the Committee on Rules: HOUSE BILL 6282. Introduced by Representative Reitz, a bill for AN ACT in relation to public utilities. AGREED RESOLUTION The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 823 Offered by Representative Mathias: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Fire Chief Thomas C. Allenspach of the Buffalo Grove Fire Department will be retiring on May 19, 2002 after 32 years of service; and WHEREAS, Chief Allenspach was hired as a full time firefighter for the Skokie Fire Department in April 1969; he left in June 1969 to serve in the United States Army during the Viet Nam Conflict and later returned to the Skokie Fire Department in April 1971; and WHEREAS, Chief Allenspach served as an on-call member of the Buffalo Grove Fire Department from June 1971 through October 1972; in August 1989 he retired as a Deputy Fire Chief for the Skokie Fire Department and took over the duties as Fire Chief for the Buffalo Grove Fire Department, where he has served for the past 13 years; and WHEREAS, Chief Allenspach has served the citizens of the State of Illinois in a variety of roles, including as President of the Illinois Fire Chiefs Association and as Director of the Illinois Fire Safety Alliance; and WHEREAS, Family, friends, and the many colleagues of Fire Chief Thomas C. Allenspach will come together on May 16, 2002 to celebrate his dedicated 32-year career and upcoming retirement; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Fire Chief Thomas C. Allenspach on his retirement from the Buffalo Grove Fire Department and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Fire Chief Thomas C. Allenspach as an expression of our esteem. HOUSE RESOLUTION 825 Offered by Representative Collins: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in high school sports in the State of Illinois; and WHEREAS, Westinghouse High School's Boy's Varsity Basketball Team, the Warriors, won the IHSA State Class AA Basketball Championship on March 16, 2002 at Carver Arena in Peoria, Illinois; and WHEREAS, The Warriors met the challenge by first defeating the Panthers of Glenbard North High School in the quarterfinal game; they then went on to defeat the Trevians of New Trier High School in the semifinal game; finally, they faced Springfield's Lanphier High School in the final game; in the end, the Lions of Lanphier were defeated by a final score of 76 to 72, and the Warriors were going home with their first State Championship trophy, and the Chicago Public League's first championship since 1998; and WHEREAS, The members of the Westinghouse Warriors include Parief Smith, Stephen Collum, Jamaal Brown, Cortney Thornton, Clide Crosby, Darren Gafford, Randon Williams, Richard Russell, Jamarcus Ellis, Johnny Collier, Anthony Bennett, Edward Whitaker, Byron Booker, DeAndre Billingsley, Aaron Moore, Darius Glover; the athletic director is Clark
7 [April 23, 2002] Morgan; the head coach is Chris S. Head; and the assistant coaches are Quitman Dillard, Henry Cotton, Ormon O'Quinn, and Michael Farmer; and WHEREAS, The Warriors finished their season with 30 wins and 5 losses; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Westinghouse Warriors on capturing its first ISHA State Class AA Boy Basketball Championship Trophy in its school's history; and be it further RESOLVED, That suitable copies of this resolution be presented to Dr. Lona C. Bibbs, the Principal of Westinghouse High School, athletic director Clark Morgan, head coach Chris S. Head, assistant coaches, Quitman Dillard, Henry Cotton, Ormon O'Quinn, and Michael Farmer, and to each member of the team as an expression of our esteem. HOUSE RESOLUTION 828 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives are pleased to honor the milestones in the lives of outstanding citizens of the State of Illinois; and WHEREAS, Robert R. "Bob" Reed of Manteno, Illinois, has been selected as the "Citizen of the Year" by the Manteno Historical Society and will be honored at their annual dinner on Saturday, April 27, 2002; and WHEREAS, Mr. Reed is a life long resident of the Village of Manteno, County of Kankakee, and State of Illinois; and WHEREAS, Mr. Reed was an exceptional student at both Manteno Grade school and Manteno High School, where he received his formal education; and WHEREAS, Mr. Reed valiantly served his country in the United States Army during the Korean War; and WHEREAS, Mr. Reed was the proprietor and operator of Bud's Inn in Manteno for over 25 years, providing his fellow citizenry with a place of gathering and enjoyment, and where he entertained his guests with a silky voice and the fine tunes of Frank Sinatra and Tony Bennett; and WHEREAS, Mr. Reed is a lifelong member of the Republican Party and on many occasions has voted for Democratic candidates; and WHEREAS, Mr. Reed is a retired employee of the State of Illinois; and WHEREAS, Mr. Reed serves as Manteno Township Clerk, is a member of the Manteno American Legion Post 755, the Manteno Chamber of Commerce, the Manteno Sportsman Club and an Ambassador of Goodwill on behalf of his community; and WHEREAS, Mr. Reed is a rabid fan of the Chicago Cubs despite the Cubs not having won a World Series Championship in over 50 years; and WHEREAS. Mr. Reed is the only known citizen of the State of Illinois to ever have had an herbivorous mammal as a guest in his pub; and WHEREAS, Mr. Reed is the proud and dedicated father of Alice Raye Reed and the loving husband of the late Juanita St. Aubin Reed; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OP ILLINOIS, that we congratulate Robert R. "Bob" Reed on the occasion of his selection as the Manteno Historical Society "Citizen of the Year" and for his many professional and civic accomplishments; and be it further RESOLVED, That a suitable copy of this resolution be presented to Robert R. "Bob" Reed as an expression of our esteem. HOUSE RESOLUTION 830 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone achievements in high school sports in the State of Illinois; and
[April 23, 2002] 8 WHEREAS, The Centralia High School Boys Varsity Basketball Team, the Orphans, captured third place honors at the 2002 IHSA State Class AA Boys Basketball Tournament held at Carver Arena in Peoria on March 16, 2002; and WHEREAS, The Orphans met the challenge by first defeating the Maroons of Moline High School in the quarterfinal game; they then went on to the semifinal game against the Lanphier Lions; after an impressive rally in the final minutes, the Orphans lost the game by the final score of 56 to 52; the Orphans' spirit rebounded in the Third Place Championship with a victory over the New Trier Trevians by the score of 75 to 64; and WHEREAS, In winning the third-place trophy, the Orphans became the first South Seven Conference team to earn a trophy since 1994; it was also Centralia High School's second third-place trophy in the school's history, with the other coming under coach Arthur Trout in 1941; and WHEREAS, The Orphan team consists of Lance Marcum, Jason Palmer, Brian Dinkelman, Caleb Edson, Anthony Jones, Andrew Walton, Blake Freels, Jamal Palmer, Jordan Queen, Terence Bradley, Matt Shaw, Neil Crosby, Tommy Bryan, Brandon Westbrook, and Jon Smith; the Athletic Director/Head Coach is Rick Moss; and the assistant coaches are Chuck Lane, Roger Shaw, Roger Stieg, and Brent Stewart; and WHEREAS, In addition to the State Tournament, the Orphans also claimed victories at the Quincy Thanksgiving Tournament, the O'Fallon Sectional Complex, and the Carbondale (SIU) Super-Sectional; and they participated in the Tournament of Champions in Springfield, Missouri, and the Centralia Holiday Tournament; and WHEREAS, The team was welcomed home by their family, friends, and fans at a rally on March 17, 2002 at Centralia High School in honor of their amazing third-place finish in the State Tournament; and WHEREAS, Centralia Basketball has come a long way in the past 96 years; Centralia High School Basketball started in 1906 and was played in the basement of "B" Building, which had a twelve foot high ceiling and supporting posts on the playing floor; in 1922, play was moved to a new gym which had seating only on the west side; in 1936, the current gym, named after legendary coach A.L. Trout, was dedicated; A.L. Trout served as coach from 1914 until 1950 and holds the Illinois High School Boys Basketball coaching record of 809 wins at one school; and WHEREAS, The nickname of the "Orphans" came from a comment made by a Chicago sports writer in 1937 at the Pontiac Holiday Tournament after the team came out for warm-ups in bedraggled suits and warm-up jackets with no buttons; Coach Trout liked the saying and tagged the club Orphans, a tradition that continues to this day; and WHEREAS, Centralia High School is listed ninth overall on the top 25 all-time winning boys basketball teams from the NBA, college, and high school with only eight NBA teams having more wins; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Centralia High School Boys Varsity Basketball Team on capturing third place honors at the 2002 IHSA State Class AA Boys Basketball Tournament; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Superintendent of Centralia High School, Edgar Coller, Principal, Virgil Moore, Head Coach/Athletic Director, Rick Moss, the assistant coaches, Chuck Lane, Roger Shaw, Roger Stieg, and Brent Stewart, and to each member of the Orphans team as an expression of our esteem. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Crotty, SENATE BILL 929 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
9 [April 23, 2002] the affirmative by the following vote: 114, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Financial Institutions on April 17, 2002, the First Conference Committee Report on Senate Amendments numbered 1 and 2 to HOUSE BILL 2207, submitted to the House previously, was taken up for consideration. Representative Bugielski moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 113, Yeas; 0, Nays; 3, Answering Present. (ROLL CALL 3) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hannig, SENATE BILL 1527 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Feigenholtz, SENATE BILL 1531 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Hoffman, SENATE BILL 1530 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Holbrook, SENATE BILL 1695 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority
[April 23, 2002] 10 of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Mautino, SENATE BILL 1683 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 69, Yeas; 43, Nays; 3, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Garrett, SENATE BILL 1713 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Rutherford, SENATE BILL 1806 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Winkel, SENATE BILL 1808 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 11) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Hoffman, SENATE BILL 1830 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SHORT DEBATE Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILLS 1524, 1537, 1569, 1606, 1627, 1664, 1668, 1685, 1687, 1688, 1705, 1706, 1726, 1734, 1756, 1782, 1820, 1966, 1968, 1978, 1999, 2001, 2022, 2037, 2049, 2050, 2052, 2068, 2072, 2074, 2117, 2149, 2198, 2209, 2211, 2223, 2224, 2227, 2245, 2271, 2313 and 2323.
11 [April 23, 2002] SENATE BILL 1571. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1571 AMENDMENT NO. 1. Amend Senate Bill 1571 on page 1, in line 5, by changing "4.7 and 4.11" to "4.7, 4.11, and 9.6a"; and on page 5, below line 2, by inserting the following: "(70 ILCS 2605/9.6a) (from Ch. 42, par. 328.6a) Sec. 9.6a. The corporate authorities of a sanitary district, in order to provide funds required for the replacing, remodeling, completing, altering, constructing and enlarging of sewage treatment works or flood control facilities, and additions therefor, pumping stations, tunnels, conduits, intercepting sewers and outlet sewers, together with the equipment, including air pollution equipment, and appurtenances thereto, to acquire property, real, personal or mixed, necessary for said purposes, for costs and expenses for the acquisition of the sites and rights-of-way necessary thereto, and for engineering expenses for designing and supervising the construction of such works, may issue on or before December 31, 2016
[April 23, 2002] 12 II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1646 AMENDMENT NO. 1. Amend Senate Bill 1646 as follows: on page 1, line 5, by replacing "and 16-21" with "16-21, and 24-3.5"; and on page 10, by inserting between lines 1 and 2 the following: "(720 ILCS 5/24-3.5) Sec. 24-3.5. Unlawful purchase of a firearm. (a) For purposes of this Section, "firearms transaction record form" means a form: (1) executed by a transferee of a firearm stating: (i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and (2) on which the transferee certifies that he or she is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce. (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm. (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form. (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act. (e) Sentence. (1) A person who commits the offense of unlawful purchase of a firearm by purchasing a firearm with intent to deliver the firearm in violation of subsection (b) or by purchasing or attempting to purchase a firearm in violation of subsection (c): (A) is guilty of a Class 4 felony for purchasing or attempting to purchase one firearm; (B) is guilty of a Class 3 felony for purchasing or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period; (C) is guilty of a Class 2 felony for purchasing or attempting to purchase not less than 6 firearms and not more than 10 firearms at the same time or within a 2 year period; (D) is guilty of a Class 1 felony for purchasing or attempting to purchase not less than 11 firearms and not more than 20 firearms at the same time or within a 3 year period; (E) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years for purchasing or attempting to purchase not less than 21 firearms and not more than 30 firearms at the same time or within a 4 year period; (F) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years for purchasing or attempting to purchase not less than 31 firearms and not more than 40 firearms at the same time or within a 5 year period; (G) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than
13 [April 23, 2002] 6 years and not more than 50 years for purchasing or attempting to purchase more than 40 firearms at the same time or within a 6 year period. (2) In addition to any other penalty that may be imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation. (Source: P.A. 91-265, eff. 1-1-00.)"; and on page 10, by inserting below line 7 the following: "Section 99. Effective date. This Section and the changes to Section 24-3.5 of the Criminal Code of 1961 take effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1686. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1686 AMENDMENT NO. 1. Amend Senate Bill 1686, on page 1, immediately below line 21, by inserting the following: "Section 10. The Professional Counselor and Clinical Professional Counselor Licensing Act is amended by changing Sections 10, 15, 20, 30, 45, 60, and 80 and adding Section 21 as follows: (225 ILCS 107/10) (Section scheduled to be repealed on December 31, 2002) Sec. 10. Definitions. As used in this Act: "Department" means the Department of Professional Regulation. "Director" means the Director of Professional Regulation. "Board" means the Professional Counselor Licensing and Disciplinary Board as appointed by the Director. "Person" means an individual, association, partnership, or corporation. "Professional counseling" means the provision of services to individuals, couples, groups, families, and organizations in any one or more of the fields of professional counseling. Professional counseling includes, but is not limited to: (1) social, emotional, educational, and career testing and evaluation; (2) a professional relationship between a counselor and a client in which the counselor provides assistance in coping with life issues that include relationships, conflicts, problem solving, decision making, and developmental concerns; and (3) research. Professional counseling may also include clinical professional counseling as long as it is not conducted in independent private practice as defined in this Act. "Clinical professional counseling" means the provision of professional counseling and mental health services, which includes, but is not limited to, the application of clinical counseling theory and techniques to prevent and alleviate mental and emotional disorders and psychopathology and to promote optimal mental health, rehabilitation, treatment, testing, assessment, and evaluation. It also includes clinical counseling and psychotherapy in a professional relationship to assist individuals, couples, families, groups, and organizations to alleviate emotional disorders, to understand conscious and unconscious motivation, to resolve emotional, relationship, and attitudinal conflicts, and to modify behaviors that interfere with effective emotional, social, adaptive, and intellectual functioning. "Licensed professional counselor" and "professional counselor"
[April 23, 2002] 14 means a person who holds a license authorizing the practice of professional counseling as defined in this Act. "Licensed clinical professional counselor" and "clinical professional counselor" means a person who holds a license authorizing the independent practice of clinical professional counseling in private practice as defined in this Act. "Independent private practice of clinical professional counseling" means the application of clinical professional counseling knowledge and skills by a licensed clinical professional counselor who (i) regulates and is responsible for her or his own practice or treatment procedures and (ii) is self-employed or works in a group practice or setting not qualified under Internal Revenue Service regulations as a not-for-profit business. "Clinical supervision" or "supervision" means review of aspects of counseling and case management in a face-to-face meeting with the person under supervision. "Qualified supervisor" or "qualified clinical supervisor" means any person who is a licensed clinical professional counselor, licensed clinical social worker, licensed clinical psychologist, psychiatrist as defined in Section 1-121 of the Mental Health and Developmental Disabilities Code, or other supervisor as defined by rule. A qualified supervisor may be provided at the applicant's place of work, or may be hired by the applicant to provide supervision. "License" means that which is required to practice professional counseling or clinical professional counseling as defined in this Act. (Source: P.A. 87-1011; 87-1269.) (225 ILCS 107/15) (Section scheduled to be repealed on December 31, 2002) Sec. 15. Exemptions. (a) This Act does not prohibit any persons legally regulated in this State by any other Act from engaging in the practice for which they are authorized as long as they do not represent themselves by the title of "professional counselor", "licensed professional counselor", "clinical professional counselor", or "licensed clinical professional counselor". This Act does not prohibit the practice of nonregulated professions whose practitioners are engaged in the delivery of human services as long as these practitioners do not represent themselves as or use the title of "professional counselor", "licensed professional counselor", "clinical professional counselor", or "licensed clinical professional counselor". (b) Nothing in this Act shall be construed to limit the activities and services of a student, intern, or resident in professional counseling or clinical professional counseling seeking to fulfill educational requirements in order to qualify for a license under this Act if these activities and services constitute a part of the student's supervised course of study, or an individual seeking to fulfill the post-degree experience requirements in order to qualify for licensing under this Act, as long as the activities and services are not conducted in an independent practice, as defined in this Act, if the activities and services are supervised as specified in this Act, and that the student, intern, or resident is designated by a title "intern" or "resident" or other designation of trainee status. Nothing contained in this Section shall be construed to permit students, interns, or residents to offer their services as professional counselors or clinical professional counselors to any other person and to accept remuneration for such professional counseling or clinical professional counseling services other than as specifically excepted in this Section, unless they have been licensed under this Act. (c) Corporations, partnerships, and associations may employ practicum students, interns, or post-degree candidates seeking to fulfill educational requirements or the professional experience requirements needed to qualify for a license under this Act if their activities and services constitute a part of the student's supervised course of study or post-degree professional experience requirements. Nothing in this paragraph shall prohibit a corporation, partnership, or association from contracting with a licensed health care professional
15 [April 23, 2002] to provide services that they are licensed to provide. (d) Nothing in this Act shall prevent the employment, by a professional counselor or clinical professional counselor, person, association, partnership, or a corporation furnishing professional counseling or clinical professional counseling services for remuneration, of persons not licensed as professional counselors or clinical professional counselors under this Act to perform services in various capacities as needed if these persons are not in any manner held out to the public or do not hold themselves out to the public by any title or designation stating or implying that they are professional counselors or clinical professional counselors. (e) Nothing in this Act shall be construed to limit the services of a person, not licensed under the provisions of this Act, in the employ of a federal, State, county, or municipal agency or other political subdivision or not-for-profit corporation providing human services if (1) the services are a part of the duties in his or her salaried position, (2) the services are performed solely on behalf of his or her employer, and (3) that person does not in any manner represent himself or herself as or use the title of "professional counselor", "licensed professional counselor", "clinical professional counselor", or "licensed clinical professional counselor". (f) Duly recognized members of any religious organization shall not be restricted from functioning in their ministerial capacity provided they do not represent themselves as being professional counselors or clinical professional counselors, or as providing "professional counseling" or "clinical professional counseling". This Act shall not apply or be construed so as to apply to the employees or agents of a church or religious organization or an organization owned, controlled, or affiliated with a church or religious organization, unless the church, religious organization, or owned, controlled, or affiliated organization designates or holds these employees or agents out to the public as professional counselors or clinical professional counselors or holds out their services as being "professional counseling" or "clinical professional counseling". (g) Nothing in this Act shall prohibit individuals not licensed under the provisions of this Act who work in self-help groups or programs or not-for-profit organizations from providing services in those groups, programs, or organizations, as long as those persons are not in any manner held out to the public as practicing professional counseling or clinical professional counseling, or do not hold themselves out to the public by any title or designation stating or implying that they are professional counselors or clinical professional counselors. (h) Nothing in this Act shall be construed to limit the activities and use of the official title of "professional counselor" or "clinical professional counselor" on the part of a person not licensed under this Act who is an academic employee of a duly chartered institution of higher education and who holds educational and professional qualifications equivalent to those required for licensing under this Act, insofar as such activities are performed in the person's role as an academic employee, or insofar as such person engages in public speaking with or without remuneration. (i) Nothing in this Act shall be construed to require licensure under this Act or limit the services of a school counselor certified by the State Teacher Certification Board and employed as authorized by Section 10-22-24a or any other provision of the School Code as long as that person is not in any manner held out to the public as a "professional counselor" or "clinical professional counselor" or does not hold out his or her services as being "professional counseling" or "clinical professional counseling". (j) Nothing in this Act shall be construed to require any hospital, clinic, home health agency, hospice, or other entity that provides health care to employ or to contract with a person licensed under this Act to provide professional counseling or clinical professional counseling services. These persons may not hold themselves out or represent themselves to the public as being licensed under this
[April 23, 2002] 16 Act. (k) Nothing in this Act shall be construed to require licensure under this Act or limit the services of a person employed by a private elementary or secondary school who provides counseling within the scope of his or her employment as long as that person is not in any manner held out to the public as a "professional counselor" or "clinical professional counselor" or does not hold out his or her services as being "professional counseling" or "clinical professional counseling". (l) Nothing in this Act shall be construed to require licensure under this Act or limit the services of a rape crisis counselor who is an employee or volunteer of a rape crisis organization as defined in Section 8-802.1 of the Code of Civil Procedure as long as that person is not in any manner held out to the public as a "professional counselor" or "clinical professional counselor" or does not hold out his or her services as being "professional counseling" or "clinical professional counseling". (m) Nothing in this Act shall be construed to prevent any licensed social worker, licensed clinical social worker, or licensed clinical psychologist from practicing professional counseling as long as that person is not in any manner held out to the public as a "professional counselor" or "clinical professional counselor" or does not hold out his or her services as being "professional counseling" or "clinical professional counseling". (n) Nothing in this Act shall be construed to limit the activities and use of the official title of "professional counselor" or "clinical professional counselor" on the part of a person not licensed under this Act who is a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987. (o) Nothing in this Act shall be construed to require licensure under this Act or limit the services of a domestic violence counselor who is an employee or volunteer of a domestic violence program as defined in Section 227 of the Illinois Domestic Violence Act of 1986. (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45; 88-424; 88-670, eff. 12-2-94.) (225 ILCS 107/20) (Section scheduled to be repealed on December 31, 2002) Sec. 20. Restrictions and limitations. (a) No person shall, without a valid license as a professional counselor issued by the Department: (i) in any manner hold himself or herself out to the public as a professional counselor under this Act; (ii) attach the title "professional counselor" or "licensed professional counselor"; or (iii) offer to render or render to individuals, corporations, or the public professional counseling services if the words "professional counselor" or "licensed professional counselor" are used to describe the person offering to render or rendering them, or "professional counseling" is used to describe the services rendered or offered to be rendered. (b) No person shall, without a valid license as a clinical professional counselor issued by the Department: (i) in any manner hold himself or herself out to the public as a clinical professional counselor or licensed clinical professional counselor under this Act; (ii) attach the title "clinical professional counselor" or "licensed clinical professional counselor"; or (iii) offer to render to individuals, corporations, or the public clinical professional counseling services
17 [April 23, 2002] (d) No association or partnership shall practice clinical professional counseling or professional counseling
[April 23, 2002] 18
19 [April 23, 2002] substantially similar to the standards in this Act may apply for a professional counselor license and need not be examined further. (b) Clinical professional counselor. A person is qualified to be licensed as a clinical professional counselor, and the Department shall issue a license authorizing the practice of clinical professional counseling to an applicant who: (1) has applied in writing on the prescribed form and has paid the required fee; (2) is at least 21 years of age and has not engaged in conduct or activities which would constitute grounds for discipline under this Act; (3) is a graduate of: (A) a master's level program in the field of counseling, rehabilitation counseling, psychology, or similar degree program approved by the Department and has completed the equivalent of 2 years full-time satisfactory supervised employment or experience working as a clinical
[April 23, 2002] 20
21 [April 23, 2002] federal or State agencies or departments. (16) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act. (17) Being named as a perpetrator in an indicated report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. (18) Physical or mental disability, including deterioration through the aging process or loss of abilities and skills which results in the inability to practice the profession with reasonable judgment, skill, or safety. (19) Solicitation of professional services by using false or misleading advertising. (20) Failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency. (21) A finding that licensure has been applied for or obtained by fraudulent means. (22) Practicing or attempting to practice under a name other than the full name as shown on the license or any other legally authorized name. (23) Gross overcharging for professional services including filing statements for collection of fees or monies for which services are not rendered. (24) Rendering professional counseling or clinical professional counseling services without a license or practicing outside the scope of a license. (25) Clinical supervisors failing to adequately and responsibly monitor supervisees. (b) The Department shall deny, without hearing, any application or renewal for a license under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Assistance Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission. (c) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Director that the licensee be allowed to resume professional practice. (d) In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The Board or the Department may order (i) the examining physician to present testimony concerning the mental or physical examination of a licensee or applicant or (ii) the examining clinical psychologist to present testimony concerning the mental examination of a licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between a licensee or applicant and the examining physician or clinical psychologist. An individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of the examination. Failure of an individual to submit to a mental or physical examination, when directed, is grounds for suspension of his or her license. The license must remain suspended
[April 23, 2002] 22 until the person submits to the examination or the Board finds, after notice and hearing, that the refusal to submit to the examination was with reasonable cause. If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board must require the individual to submit to care, counseling, or treatment by a physician or clinical psychologist approved by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. In lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend or revoke the license of the individual or otherwise discipline the licensee. Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a determination as to whether the person shall have his or her license suspended immediately, pending a hearing by the Board. (Source: P.A. 87-1011; 87-1269.) (225 ILCS 107/55 rep.) Section 15. The Professional Counselor and Clinical Professional Counselor Licensing Act is amended by repealing Section 55.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1803. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1803 AMENDMENT NO. 1. Amend Senate Bill 1803 on page 11, by replacing lines 11 and 12 with "application fee must be made payable to the Department of Commerce and Community Affairs for deposit into the Workforce, Technology, and Economic Development Fund. These application fees shall be used by the Department for administrative expenses incurred under this subsection (B)."; and on page 17, line 20, by replacing "2001" with "2002". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1854. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1854 AMENDMENT NO. 1. Amend Senate Bill 1854 on page 244, in line 25, by deleting "11-167,"; and by deleting lines 4 through 33 on page 247 and lines 1 and 2 on page 248. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING
23 [April 23, 2002] The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Bugielski, SENATE BILL 1926 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 2269. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 2269 AMENDMENT NO. 1. Amend Senate Bill 2269 by replacing the title with the following: "AN ACT concerning civil no contact orders."; and by replacing everything after the enacting clause with the following: "ARTICLE I GENERAL PROVISIONS Section 101. Short title. This Act may be cited as the Civil No Contact Order Act. Section 102. Purpose. Sexual assault is the most heinous crime against another person short of murder. Sexual assault inflicts humiliation, degradation, and terror on victims. According to the FBI, a woman is raped every 6 minutes in the United States. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. Victims who do not report the crime still desire safety and protection from future interactions with the offender. Many cases in which the rape is reported are never prosecuted. In these situations, the victim should be able to seek a simple civil remedy requiring only that the offender stay away from the victim. Section 103. Definitions. As used in this Act: "Abuse" means physical abuse, harassment, intimidation of a dependent, or interference with personal liberty. "Civil no contact order" means an emergency order or plenary order granted under this Act, which includes a remedy authorized by Section 213 of this Act. "Non-consensual" means a lack of freely given agreement. "Petitioner" means any named petitioner for the no contact order or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought. "Sexual conduct" means any intentional or knowing touching or fondling by the petitioner or the respondent, either directly or through clothing, of the sex organs, anus, or breast of the petitioner or the respondent, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the respondent upon any part of the clothed or unclothed body of the petitioner, for the purpose of sexual gratification or arousal of the petitioner or the respondent. "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ
[April 23, 2002] 24 or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. ARTICLE II CIVIL NO CONTACT ORDERS Section 201. Persons protected by this Act. A petition for a civil no contact order may be filed: (1) by any person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration; or (2) by a person on behalf of a minor child or an adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition. Section 202. Commencement of action; filing fees. (a) An action for a civil no contact order is commenced by filing a petition for a civil no contact order in any civil court, unless specific courts are designated by local rule or order. (b) No fee shall be charged by the clerk of the court for filing petitions or certifying orders. No fee shall be charged by the sheriff for service by the sheriff of a petition, rule, motion, or order in an action commenced under this Section. (c) The court shall provide, through the office of the clerk of the court, simplified forms and clerical assistance to help with the writing and filing of a petition under this Section by any person not represented by counsel. Section 203. Pleading; non-disclosure of address. (a) A petition for a civil no contact order shall be in writing and verified or accompanied by affidavit and shall allege that the petitioner has been the victim of non-consensual sexual conduct or non-consensual sexual penetration by the respondent. (b) If the petition states that disclosure of the petitioner's address would risk abuse of the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address at which the respondent may serve notice of any motions. Section 204. Application of rules of civil procedure; rape crisis advocates. (a) Any proceeding to obtain, modify, reopen or appeal a civil no contact order shall be governed by the rules of civil procedure of this State. The standard of proof in such a proceeding is proof by a preponderance of the evidence. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by this Act. (b) In circuit courts, rape crisis advocates shall be allowed to accompany the victim and confer with the victim, unless otherwise directed by the court. Court administrators shall allow rape crisis advocates to assist victims of non-consensual sexual conduct or non-consensual sexual penetration in the preparation of petitions for civil no contact orders. Rape crisis advocates are not engaged in the unauthorized practice of law when providing assistance of the types specified in this subsection (b). Section 205. Subject matter jurisdiction. Each of the circuit courts has the power to issue civil no contact orders. Section 206. Jurisdiction over persons. The courts of this State have jurisdiction to bind (1) State residents and (2) non-residents having minimum contacts with this State, to the extent permitted by the long-arm statute, Section 2-209 of the Code of Civil Procedure. Section 207. Venue. A petition for a civil no contact order may be filed in any county where (1) the petitioner resides, (2) the respondent resides, or (3) the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred. Section 208. Process.
25 [April 23, 2002] (a) Any action for a civil no contact order requires that a separate summons be issued and served. The summons shall be in the form prescribed by Supreme Court Rule 101(d), except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for civil no contact order and supporting affidavits, if any, and any emergency civil no contact order that has been issued. (b) The summons shall be served by the sheriff or other law enforcement officer at the earliest time and shall take precedence over other summonses except those of a similar emergency nature. Special process servers may be appointed at any time, and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers. (c) Service of process on a member of the respondent's household or by publication shall be adequate if: (1) the petitioner has made all reasonable efforts to accomplish actual service of process personally upon the respondent, but the respondent cannot be found to effect such service; and (2) the petitioner files an affidavit or presents sworn testimony as to those efforts. (d) A plenary civil no contact order may be entered by default for the remedy sought in the petition, if the respondent has been served or given notice in accordance with subsection (a) and if the respondent then fails to appear as directed or fails to appear on any subsequent appearance or hearing date agreed to by the parties or set by the court. Section 209. Service of notice of hearings. Except as provided in Section 208, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12, unless notice is excused by Section 214 of this Act or by the Code of Civil Procedure, Supreme Court Rules, or local rules. Section 210. Hearings. A petition for a civil no contact order shall be treated as an expedited proceeding, and no court may transfer or otherwise decline to decide all or part of such petition. Nothing in this Section shall prevent the court from reserving issues if jurisdiction or notice requirements are not met. Section 211. Continuances. (a) Petitions for emergency remedies shall be granted or denied in accordance with the standards of Section 214, regardless of the respondent's appearance or presence in court. (b) Any action for a civil no contact order is an expedited proceeding. Continuances shall be granted only for good cause shown and kept to the minimum reasonable duration, taking into account the reasons for the continuance. Section 212. Hearsay exception. (a) In proceedings for a no contact order and prosecutions for violating a no-contact order, the prior sexual activity or the reputation of the petitioner is inadmissible except: (1) as evidence concerning the past sexual conduct of the petitioner with the respondent when this evidence is offered by the respondent upon the issue of whether the petitioner consented to the sexual conduct with respect to which the offense is alleged; or (2) when constitutionally required to be admitted. (b) No evidence admissible under this Section may be introduced unless ruled admissible by the trial judge after an offer of proof has been made at a hearing held in camera to determine whether the respondent has evidence to impeach the witness in the event that prior sexual activity with the respondent is denied. The offer of proof shall include reasonably specific information as to the date, time, and place of the past sexual conduct between the petitioner and the respondent. Unless the court finds that reasonably specific information as to date, time, or place, or some combination thereof, has been offered as to prior sexual activity with the respondent, counsel for the respondent shall be ordered to refrain from inquiring into prior sexual activity between the petitioner and the respondent. The court may not admit evidence under this Section unless it determines at the hearing that the evidence is relevant and the probative value of the evidence
[April 23, 2002] 26 outweighs the danger of unfair prejudice. The evidence shall be admissible at trial to the extent an order made by the court specifies the evidence that may be admitted and areas with respect to which the petitioner may be examined or cross examined. Section 213. Civil no contact order; remedy. (a) If the court finds that the petitioner has been a victim of non-consensual sexual conduct or non-consensual sexual penetration, a civil no contact order shall issue; provided that the petitioner must also satisfy the requirements of Section 214 on emergency orders or Section 215 on plenary orders. The petitioner shall not be denied a civil no contact order because the petitioner or the respondent is a minor. The court, when determining whether or not to issue a civil no contact order, may not require physical injury on the person of the victim. Modification and extension of prior civil no contact orders shall be in accordance with this Act. (b) A civil no contact order shall order the respondent to stay away from the petitioner or any other person protected by the civil no contact order, or prohibit the respondent from entering or remaining present at the petitioner's school, place of employment, or other specified places at times when the petitioner is present, or both, if reasonable, given the balance of hardships. Hardships need not be balanced for the court to enter a stay away order or prohibit entry if the respondent has no right to enter the premises. (c) Denial of a remedy may not be based, in whole or in part, on evidence that: (1) the respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961; (2) the respondent was voluntarily intoxicated; (3) the petitioner acted in self-defense or defense of another, provided that, if the petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961; (4) the petitioner did not act in self-defense or defense of another; (5) the petitioner left the residence or household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent; or (6) the petitioner did not leave the residence or household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent. (d) Monetary damages are not recoverable as a remedy. Section 214. Emergency civil no contact order. (a) An emergency civil no contact order shall issue if the petitioner satisfies the requirements of this subsection (a). The petitioner shall establish that: (1) the court has jurisdiction under Section 208; (2) the requirements of Section 213 are satisfied; and (3) there is good cause to grant the remedy, regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief. (b) If the respondent appears in court for this hearing for an emergency order, he or she may elect to file a general appearance and testify. Any resulting order may be an emergency order, governed by this Section. Notwithstanding the requirements of this Section, if all requirements of Section 215 have been met, the court may issue a plenary order. (c) Emergency orders; court holidays and evenings. (1) When the court is unavailable at the close of business, the petitioner may file a petition for a 21-day emergency order before any available circuit judge or associate judge who may grant relief under this Act. If the judge finds that there is an immediate and present danger of abuse against the petitioner and
27 [April 23, 2002] that the petitioner has satisfied the prerequisites set forth in subsection (a), that judge may issue an emergency civil no contact order. (2) The chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an emergency civil no contact order at all times, whether or not the court is in session. (3) Any order issued under this Section and any documentation in support of the order shall be certified on the next court day to the appropriate court. The clerk of that court shall immediately assign a case number, file the petition, order, and other documents with the court, and enter the order of record and file it with the sheriff for service, in accordance with Section 222. Filing the petition shall commence proceedings for further relief under Section 202. Failure to comply with the requirements of this paragraph (3) does not affect the validity of the order. Section 215. Plenary civil no contact order. A plenary civil no contact order shall issue if the petitioner has served notice of the hearing for that order on the respondent, in accordance with Section 209, and satisfies the requirements of this Section. The petitioner must establish that: (1) the court has jurisdiction under Section 206; (2) the requirements of Section 213 are satisfied; (3) a general appearance was made or filed by or for the respondent or process was served on the respondent in the manner required by Section 208; and (4) the respondent has answered or is in default. Section 216. Duration and extension of orders. (a) Unless re-opened or extended or voided by entry of an order of greater duration, an emergency order shall be effective for not less than 14 nor more than 21 days. (b) Except as otherwise provided in this Section, a plenary civil no contact order shall be effective for a fixed period of time, not to exceed 2 years. A plenary civil no contact order entered in conjunction with another civil proceeding shall remain in effect as follows: (1) if entered as preliminary relief in that other proceeding, until entry of final judgment in that other proceeding; (2) if incorporated into the final judgment in that other proceeding, until the civil no contact order is vacated or modified; or (3) if incorporated in an order for involuntary commitment, until termination of both the involuntary commitment and any voluntary commitment, or for a fixed period of time not exceeding 2 years. (b) Any emergency or plenary order may be extended one or more times, as required, provided that the requirements of Section 214 or 215, as appropriate, are satisfied. If the motion for extension is uncontested and the petitioner seeks no modification of the order, the order may be extended on the basis of the petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. Extensions may be granted only in open court and not under the provisions of subsection (c) of Section 214, which applies only when the court is unavailable at the close of business or on a court holiday. (c) Any civil no contact order which would expire on a court holiday shall instead expire at the close of the next court business day. (d) The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a civil no contact order undermines the purposes of this Act. This Section shall not be construed as encouraging that practice. Section 217. Contents of orders. (a) Any civil no contact order shall describe each remedy granted
[April 23, 2002] 28 by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing. (b) A civil no contact order shall further state the following: (1) The name of each petitioner that the court finds was the victim of non-consensual sexual conduct or non-consensual sexual penetration by the respondent and the name of each other person protected by the order and that the person is protected by this Act. (2) The date and time the civil no contact order was issued, whether it is an emergency or plenary order, and the duration of the order. (3) The date, time, and place for any scheduled hearing for extension of that civil no contact order or for another order of greater duration or scope. (4) For each remedy in an emergency civil no contact order, the reason for entering that remedy without prior notice to the respondent or greater notice than was actually given. (c) A civil no contact order shall include the following notice, printed in conspicuous type: "Any knowing violation of a civil no contact order is a Class A misdemeanor. Any second or subsequent violation is a Class 4 felony." Section 218. Notice of orders. (a) Upon issuance of any civil no contact order, the clerk shall immediately, or on the next court day if an emergency order is issued in accordance with subsection (c) of Section 214: (1) enter the order on the record and file it in accordance with the circuit court procedures; and (2) provide a file stamped copy of the order to the respondent, if present, and to the petitioner. (b) The clerk of the issuing judge shall, or the petitioner may, on the same day that a civil no contact order is issued, file a certified copy of that order with the sheriff or other law enforcement officials charged with maintaining Department of State Police records or charged with serving the order upon the respondent. If the order was issued in accordance with subsection (c) of Section 214, the clerk shall, on the next court day, file a certified copy of the order with the Sheriff or other law enforcement officials charged with maintaining Department of State Police records. (c) Unless the respondent was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the respondent and file proof of such service in the manner provided for service of process in civil proceedings. If process has not yet been served upon the respondent, it shall be served with the order or short form notification. A single fee may be charged for service of an order obtained in civil court, or for service of such an order together with process, unless waived or deferred under Section 208. (d) If the person against whom the civil no contact order is issued is arrested and the written order is issued in accordance with subsection (c) of Section 214 and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for hearing on the petition for civil no contact order or receipt of the order issued under Section 214 of this Act. (e) Any order extending, modifying, or revoking any civil no contact order shall be promptly recorded, issued, and served as provided in this Section. (f) Upon the request of the petitioner, within 24 hours of the issuance of a civil no contact order, the clerk of the issuing judge shall send written notice of the order along with a certified copy of the order to any school, college, or university at which the petitioner is enrolled.
29 [April 23, 2002] Section 219. Violation. A knowing violation of a civil no contact order is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. ARTICLE III LAW ENFORCEMENT RESPONSIBILITIES Section 301. Arrest without warrant. (a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing a violation of a civil no contact order. (b) The law enforcement officer may verify the existence of a civil no contact order by telephone or radio communication with his or her law enforcement agency or by referring to the copy of the order provided by the petitioner or the respondent. Section 302. Data maintenance by law enforcement agencies. (a) All sheriffs shall furnish to the Department of State Police, on the same day as received, in the form and detail the Department requires, copies of any recorded emergency or plenary civil no contact orders issued by the court and transmitted to the sheriff by the clerk of the court in accordance with subsection (b) of Section 218 of this Act. Each civil no contact order shall be entered in the Law Enforcement Agencies Data System on the same day it is issued by the court. If an emergency civil no contact order was issued in accordance with subsection (c) of Section 214, the order shall be entered in the Law Enforcement Agencies Data System as soon as possible after receipt from the clerk of the court. (b) The Department of State Police shall maintain a complete and systematic record and index of all valid and recorded civil no contact orders issued under this Act. The data shall be used to inform all dispatchers and law enforcement officers at the scene of an alleged incident of non-consensual sexual conduct or non-consensual sexual penetration or violation of a civil no contact order of any recorded prior incident of non-consensual sexual conduct or non-consensual sexual penetration involving the victim and the effective dates and terms of any recorded civil no contact order.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Bradley, SENATE BILL 1996 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Reitz, SENATE BILL 2161 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate.
[April 23, 2002] 30 RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE JOINT RESOLUTION 71 Offered by Representative Madigan: WHEREAS, The National Governors Association has adopted a transportation policy that calls for Congress to fully fund the nation's intercity passenger rail system and to also develop federal high-speed and regional rail policies and programs; and WHEREAS, The National Council of State Governments has adopted a resolution calling on the U.S. government to fund a national intercity passenger rail network and infrastructure including connecting long-distant trains with high-speed rail corridors; and WHEREAS, The United States Conference of Mayors has strongly urged President Bush and Congress to develop a national rail policy that directs greater and sustained investment in intercity passenger rail and a stronger federal commitment to the nations' intercity rail network as part of a balanced, multi-modal, shock-resistant, and secure transportation system; and WHEREAS, The Illinois Municipal League at it's 85th Annual Conference adopted a resolution encouraging the federal government's continued support of passenger rail and recognizing its importance to communities such as Quincy, Macomb, Galesburg, Kewanee, Princeton, Joliet, Dwight, Pontiac, Bloomington, Lincoln, Springfield, Carlinville, Alton, Homewood, Kankakee, Gilman, Rantoul, Champaign, Mattoon, Effingham, Centralia, DuQuoin, Carbondale, and others in Illinois; and WHEREAS, Several Councils of Government in Illinois, including Lake County Municipal League, Northwest Municipal Conference, DuPage Mayors and Managers Association, South Suburban Mayors and Managers Association, and others have all endorsed federal funding for the development and construction of a high-speed passenger rail network; and WHEREAS, The business and labor community, including the Chicagoland Chamber of Commerce, Chicago Federation of Labor, Business Leaders for Transportation, the United Transportation Union, Chicago Metropolis 2020, the Brotherhood of Locomotive Engineers, Crain's Chicago Business, Bloomington Chamber of Commerce, and numerous other Business and Labor organizations throughout the nation, Midwest, and Illinois support federal funding for high-speed and intercity passenger rail; and WHEREAS, Several national, regional, and local planning organizations and citizens' groups including the National Association of Railroad Passengers, National Corridors Initiative, Railway Progress Institute, Business and Professional People in the Public Interest, Sierra Club, Midwest Interstate Passenger Rail Commission, Midwest High Speed Rail Coalition, Environmental Law & Policy Center of the Midwest, Metropolitan Planning Council, Center for Neighborhood Technology, Chicagoland Transportation & Air Quality Commission, and others throughout the nation, Midwest, and Illinois echo similar support for federal funding for high-speed and intercity passenger rail; and WHEREAS, The current federal formula for transportation funding is heavily skewed towards highways and airports with less than 1% directed at rail passenger service, creating highway and airport congestion and perpetuating an unbalanced transportation system that is vulnerable to emergencies, high traffic volumes, and temporary disruptions; and WHEREAS, Intercity passenger rail currently serves over 500 communities across the country, provides energy-efficient mobility, uses 38% less energy per passenger mile than travel by commercial airlines, can reduce congestion which currently costs the U.S. economy $100 billion annually, and can further reduce U.S. dependence on imported foreign oil; therefore be it
31 [April 23, 2002] RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we urge the President and Congress of the United States to commit to a transportation policy that: 1. preserves a national intercity passenger system that maintains coast-to-coast interconnectivity and serves as a skeletal framework for high-speed rail corridors; 2. provides a source of predictable, reliable, and sustainable funding for national intercity passenger rail and the construction and operation of high- speed passenger rail corridors; and 3. charges the U.S. Department of Transportation or its designated agency to administer and manage federal passenger rail funding and oversight functions and work in partnership with the States' Departments of Transportation; and be it further RESOLVED, That a copy of this Resolution be sent to the President of the United States, the U.S. Secretary of Transportation, the Federal Railroad Administrator, the President of Amtrak, the Chair and Ranking Member of the U.S. Senate Commerce, the Science and Transportation Committee, the Chair and Ranking Member of the U.S. Senate Subcommittee on Surface Transportation and Merchant Marine, the Chair and Ranking Member of the U.S. Senate Appropriations Committee, the Chair and Ranking Member of the U.S. Appropriations Subcommittee on Transportation, the Chair and Ranking Member of the U.S. House Transportation & Infrastructure Committee, the Chair and Ranking Member of the U.S. House Subcommittee on Railroads, the Chair and Ranking Member of the U.S. House Appropriations Committee, the Chair and Ranking Member of the U.S. House Appropriations Subcommittee on Transportation, and the members of the U.S. Illinois Congressional delegation. HOUSE RESOLUTION 835 Offered by Representative Madigan: WHEREAS, The National Governors Association has adopted a transportation policy that calls for Congress to fully fund the nation's intercity passenger rail system and to also develop federal high-speed and regional rail policies and programs; and WHEREAS, The National Council of State Governments has adopted a resolution calling on the U.S. government to fund a national intercity passenger rail network and infrastructure including connecting long-distant trains with high-speed rail corridors; and WHEREAS, The United States Conference of Mayors has strongly urged President Bush and Congress to develop a national rail policy that directs greater and sustained investment in intercity passenger rail and a stronger federal commitment to the nations' intercity rail network as part of a balanced, multi-modal, shock-resistant, and secure transportation system; and WHEREAS, The Illinois Municipal League at it's 85th Annual Conference adopted a resolution encouraging the federal government's continued support of passenger rail and recognizing its importance to communities such as Quincy, Macomb, Galesburg, Kewanee, Princeton, Joliet, Dwight, Pontiac, Bloomington, Lincoln, Springfield, Carlinville, Alton, Homewood, Kankakee, Gilman, Rantoul, Champaign, Mattoon, Effingham, Centralia, DuQuoin, Carbondale, and others in Illinois; and WHEREAS, Several Councils of Government in Illinois, including Lake County Municipal League, Northwest Municipal Conference, DuPage Mayors and Managers Association, South Suburban Mayors and Managers Association, and others have all endorsed federal funding for the development and construction of a high-speed passenger rail network; and WHEREAS, The business and labor community, including the Chicagoland Chamber of Commerce, Chicago Federation of Labor, Business Leaders for Transportation, the United Transportation Union, Chicago Metropolis 2020, the Brotherhood of Locomotive Engineers, Crain's
[April 23, 2002] 32 Chicago Business, Bloomington Chamber of Commerce, and numerous other Business and Labor organizations throughout the nation, Midwest, and Illinois support federal funding for high-speed and intercity passenger rail; and WHEREAS, Several national, regional, and local planning organizations and citizens' groups including the National Association of Railroad Passengers, National Corridors Initiative, Railway Progress Institute, Business and Professional People in the Public Interest, Sierra Club, Midwest Interstate Passenger Rail Commission, Midwest High Speed Rail Coalition, Environmental Law & Policy Center of the Midwest, Metropolitan Planning Council, Center for Neighborhood Technology, Chicagoland Transportation & Air Quality Commission, and others throughout the nation, Midwest, and Illinois echo similar support for federal funding for high-speed and intercity passenger rail; and WHEREAS, The current federal formula for transportation funding is heavily skewed towards highways and airports with less than 1% directed at rail passenger service, creating highway and airport congestion and perpetuating an unbalanced transportation system that is vulnerable to emergencies, high traffic volumes, and temporary disruptions; and WHEREAS, Intercity passenger rail currently serves over 500 communities across the country, provides energy-efficient mobility, uses 38% less energy per passenger mile than travel by commercial airlines, can reduce congestion which currently costs the U.S. economy $100 billion annually, and can further reduce U.S. dependence on imported foreign oil; now therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the President and Congress of the United States to commit to a transportation policy that: 1. preserves a national intercity passenger system that maintains coast-to-coast interconnectivity and serves as a skeletal framework for high-speed rail corridors; 2. provides a source of predictable, reliable, and sustainable funding for national intercity passenger rail and the construction and operation of high- speed passenger rail corridors; and 3. charges the U.S. Department of Transportation or its designated agency to administer and manage federal passenger rail funding and oversight functions and work in partnership with the States' Departments of Transportation; and be it further RESOLVED, That a copy of this Resolution be sent to the President of the United States, the U.S. Secretary of Transportation, the Federal Railroad Administrator, the President of Amtrak, the Chair and Ranking Member of the U.S. Senate Commerce, the Science and Transportation Committee, the Chair and Ranking Member of the U.S. Senate Subcommittee on Surface Transportation and Merchant Marine, the Chair and Ranking Member of the U.S. Senate Appropriations Committee, the Chair and Ranking Member of the U.S. Appropriations Subcommittee on Transportation, the Chair and Ranking Member of the U.S. House Transportation & Infrastructure Committee, the Chair and Ranking Member of the U.S. House Subcommittee on Railroads, the Chair and Ranking Member of the U.S. House Appropriations Committee, the Chair and Ranking Member of the U.S. House Appropriations Subcommittee on Transportation, and the members of the U.S. Illinois Congressional delegation. ACTION ON MOTIONS Representative Moffitt asked and obtained unanimous consent to suspend the posting requirementxs for HOUSE RESOLUTION 835 and HOUSE JOINT RESOLUTION 71 to be heard in the Committee on State Government Administration after session. RESOLUTIONS
33 [April 23, 2002] The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 822 Offered by Representative Parke: WHEREAS, Terrorism will continue to be a major focus in the second session of the 107th Congress and the Administration's budget reflects the continued priority this matter will receive; and WHEREAS, The impact of the September 11th terrorist attacks on this nation are being felt throughout the economy and the effects are growing; and WHEREAS, Terrorism is a risk of national scope, not limited to any single region, state, or city; and WHEREAS, Terrorism is a risk which cannot be anticipated and underwritten using accepted insurance and actuarial methods; and WHEREAS, Following the attacks, the global reinsurance industry has curtailed and in many cases eliminated reinsurance coverage for acts of terror, creating an unacceptable concentration of liability and financial exposure for states and the insurance industry; and WHEREAS, Insurers, in the absence of reinsurance, have been forced to exclude coverage to limit their financial exposure, wherever possible; and WHEREAS, These exclusions do not include statutorily-required coverages such as workers compensation, "fire-following", and personal lines coverages, creating potentially catastrophic financial risk for insurers and self-insured businesses; and WHEREAS, The impact of exclusions on businesses, both large and small, creates contingent liabilities affecting their ability to meet their obligations to employees, suppliers, shareholders, and the public; and WHEREAS, The absence of needed insurance coverage retards economic growth, increases uncertainty, lowers available tax revenues, and puts state budgets at risk and will result in higher debt-financing costs for states and municipalities; and WHEREAS, The power and means to address this problem rests only with the Federal Government; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we find that it is in the best interest of the nation for the Congress of the United States to consider terrorism reinsurance legislation on an expedited basis; and be it further RESOLVED, That the members of the Illinois House of Representatives urge that the Congress enact and the President sign legislation quickly in which the federal government becomes the ultimate insurer of catastrophic terrorism risks; and be it further RESOLVED, That suitable copies of this resolution be presented to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Illinois Congressional delegation. HOUSE RESOLUTION 824 Offered by Representative McKeon: WHEREAS, Unemployment insurance is the bedrock of the social safety net for workers who have been laid off and are seeking jobs and is the first line of defense during economic downturns; and WHEREAS, Unemployment insurance not only provides vital income support to laid-off workers, but also stabilizes the local, State, and national economies because the benefits workers receive are invested back into the community; and WHEREAS, President Bush's proposal would destroy the federal-state partnership on which the unemployment insurance system is founded and would eliminate the historic role of the federal government in both ensuring that administrative financing keeps pace with ever-changing
[April 23, 2002] 34 workload needs and assuring that the program is implemented consistently across the country; and WHEREAS, Although the Bush administration proposes to provide much-needed additional "Reed Act" funding for state unemployment programs, under the proposal states will receive no federal aid to fund the administrative costs of the unemployment insurance system after 2006; and WHEREAS, President Bush's proposal would force our State to choose whether to cut benefits for unemployed workers or raise taxes in order to make up for the loss of federal administrative payments that will result from the cut in the Federal Unemployment Tax Act (FUTA) flat tax from $56 per worker per year to $14 per worker per year; and WHEREAS, President Bush's proposal would jeopardize the federal government's ability to help our State respond to economic downturns by drastically reducing the funding now dedicated to the Federal Unemployment Trust Funds; and WHEREAS, The Bush administration's proposal would do nothing to help states cope with the challenges of expanding and modernizing their unemployment insurance systems, including assuring that more low-wage and part-time workers are covered when they become unemployed; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY, that we urge Governor Ryan to oppose the Bush administration's misguided unemployment insurance devolution proposal; and be it further RESOLVED, That we also urge the Governor to encourage the Bush administration to instead work with the states to ensure that states receive a greater level of workload-based federal appropriations for administrative financing and to provide new dedicated federal funding to help states cover the workers who are now having the hardest time collecting unemployment benefits; and be it further RESOLVED, That a suitable copy of this resolution be delivered to Governor Ryan and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 826 Offered by Representative Reitz: WHEREAS, Consideration is being given to introducing a new overlay area code in the 618 region of the State; and WHEREAS, The Federal Communications Commission (FCC) currently requires 11-digit dialing when an overlay area code is implemented; and WHEREAS, The FCC's 11-digit dialing mandate is a needles inconvenience for residential and business consumers; and WHEREAS, Residents in the 618 region would be able to continue dialing 7 digits for all local calls if the FCC were to change its policy on mandatory 11-digit dialing in an overlay situation; and WHEREAS, The FCC's mandatory 11-digit dialing policy could soon affect all the residents of Illinois, as the phone industry claims that every area code in the State will be out of phone numbers by 2007; and WHEREAS, On December 29, 2001, the FCC reversed its long-standing opposition to wireless-only overlays, signaling that the agency is potentially reconsidering its area code policies; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Federal Communications Commission to grant a permanent waiver of the 11-digit dialing mandate for the 618 region and to change its policy on overlay area codes; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Chairman of the FCC, the Chairman of the Illinois Commerce Commission, and each member of the Illinois congressional delegation. HOUSE RESOLUTION 827 Offered by Representative Hoffman: WHEREAS, There are almost 6,000 transit agencies in the United
35 [April 23, 2002] States, including 70 transit providers in Illinois; and WHEREAS, In 2000, Illinois public transit provided over 600 million rides; and WHEREAS, The Department of Energy estimates that 13% of the 91,600,000 United States households do not own any means of personal transportation, and thus millions of Americans are dependent upon transit, including those individuals with low incomes, the disabled, the elderly, and children; and WHEREAS, Automobiles consume 21% of this country's energy, and transportation accounts for 27% of greenhouse emissions; transit uses less than 1% of all energy consumed in this country and is a cost-effective way of reducing harmful emissions; and WHEREAS, Transit provides mobility during crisis, such as earthquakes, snow and ice storms, and other national emergencies; and WHEREAS, Public transit is critical to workforce development, health care, and education access; and WHEREAS, Congestion now costs the Chicago Metropolitan Area $4,000,000,000 per year -- $1,472 per commuter -- in lost productivity, fuel, and insurance costs; and WHEREAS, Quality public transit in Illinois would support working families and businesses by providing effective options for connecting workers to jobs and by reducing traffic congestion, which would reduce the air pollution that has contributed to skyrocketing asthma rates; and WHEREAS, Public transportation is equally important to rural communities throughout the country, where 40% of residents have no access to public transit services and another 28% have negligible access; and WHEREAS, Effective and efficient public transit systems are essential for improved regional mobility and sound local and state economies; and WHEREAS, Illinois' transit systems have significant capital needs that have traditionally been supported by crucial federal investment; and WHEREAS, Illinois ranks 50th of the 50 states and the District of Columbia in federal contribution for operating support for transit; 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 Congress to fully fund the transit accounts in TEA-21; and be it further RESOLVED, That we call upon the Congress and the Administration to strongly support any proposals to increase the level of funding for public transportation in the reauthorization of TEA-21 in 2003. HOUSE RESOLUTION 829 Offered by Representative Franks: WHEREAS, The Pioneer Center is a not-for-profit agency that helps under-served children and adults with developmental, cognitive, and mental disabilities; the center offers an array of services including early intervention for children and families, vocational and rehabilitation training, mental health counseling, senior care, assisted living, residential, respite care, and several satellite programs; and WHEREAS, The Pioneer Center serves the people of McHenry County, where between 1980 and 2000, the number of people receiving mental health services increased by 150 percent; and WHEREAS, Under the Governor's proposed FY 03 Budget, the Pioneer Center will lose over $496,000 or over 12.3 percent of its funding from the Department of Human Services; and WHEREAS, A loss from the Developmental Training and Community Employment Service grants to fee-for-service conversion and a 2.5 percent cut is projected at approximately $178,000; and WHEREAS, Changes to its Community Integrated Living Arrangement (CILA) funding will result in a net loss of $140,300 for the Pioneer
[April 23, 2002] 36 Center; and WHEREAS, Program cuts in the office of Developmental Disabilities will result in a loss to the Pioneer Center's Community Programs of $10,700; and WHEREAS, The Regular Work (Sheltered Workshop) will lose over $11,600 in 2.5 percent of its grant and $51,200 in fees due to the 20 percent cut; and WHEREAS, All other vocational/day programs serving persons with developmental disabilities, including Work Adjustment Training and Evaluation and Senior Care, will lose over $3,500; and WHEREAS, The agency's cost of doing business has increased dramatically due to increased health insurance rates, increases in worker compensation costs, and increased utility costs; in addition, there will be no 2 percent "Cost of Doing Business" increase for community providers on April 1, 2002 as promised; and WHEREAS, The Governor's proposed budget will force the Pioneer Center to reduce services, cut staff, refuse some clients services, and deny many vulnerable people the services they need; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge Governor Ryan and the Secretary of Human Services to help restore the $496,000 in cuts to the Pioneer Center; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Governor of the State of Illinois and to the Secretary of Human Services. At the hour of 4:07 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, April 24, 2002, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
37 [April 23, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 23, 2002 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER E STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER E O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
[April 23, 2002] 38 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 929 MEDICAL EXAMINATIONS-NURSES THIRD READING PASSED APR 23, 2002 114 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN P MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART A KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
39 [April 23, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2207 MORTGAGE CERT OF RELEASE ACT ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED APR 23, 2002 113 YEAS 0 NAYS 3 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS P FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE P SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU P MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 40 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1527 LIQ CNTRL-SELL LIQUOR TO MINOR THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
41 [April 23, 2002] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1531 SEPTEMBER 11 REMEMBRANCE THIRD READING PASSED APR 23, 2002 111 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE N HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 42 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1530 VEH CD-DISABILITIES-VASCULAR THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
43 [April 23, 2002] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1695 TRI-CITY REGIONAL PORT DIST THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 44 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1683 MWRD-VETERANS PREFERENCE THIRD READING PASSED APR 23, 2002 69 YEAS 43 NAYS 3 PRESENT Y ACEVEDO Y ERWIN N LAWFER P PARKE P BASSI Y FEIGENHOLTZ N LEITCH N POE Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FRANKS N MARQUARDT Y RYAN N BLACK Y FRITCHEY N MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY N BRADY Y HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT P MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER N COULSON N HULTGREN N MOFFITT N WAIT N COWLISHAW Y JEFFERSON Y MORROW N WATSON N CROSS Y JOHNSON N MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK A WOJCIK N DANIELS Y KENNER E O'BRIEN N WRIGHT Y DART N KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ N PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
45 [April 23, 2002] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1713 TEMPORARY CHECKS ISSUANCE THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 46 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1806 HUMANE CARE OF ANIMALS THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
47 [April 23, 2002] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1808 VEH CD-HIGHWAY-SCHOOL PROPERTY THIRD READING PASSED APR 23, 2002 114 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 48 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1830 RESTRICTED CALL REGISTRY ACT THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
49 [April 23, 2002] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1926 VEH CD-LICENSE-UNDER 18 AND 21 THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[April 23, 2002] 50 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1996 INS PRODUCER COMMISSIONS THIRD READING PASSED APR 23, 2002 115 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL P OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
51 [April 23, 2002] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2161 VEH CD-ABANDONED VEHICLES THIRD READING PASSED APR 23, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence