STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
133RD LEGISLATIVE DAY
TUESDAY, MAY 21, 2002
2:30 O'CLOCK P.M.
NO. 133
[May 21, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 133rd Legislative Day Action Page(s) Adjournment........................................ 42 Change of Sponsorship.............................. 14 Committee on Rules Referrals....................... 6 Letter of Transmittal.............................. 4 Quorum Roll Call................................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0638 Committee Report-Floor Amendment/s................. 5 HB 1033 Concurrence in Senate Amendment/s.................. 35 HB 1081 Committee Report - Concur in SA.................... 5 HB 1646 Committee Report - Non-concur in SA................ 6 HB 1692 Committee Report................................... 5 HB 1692 Committee Report - Concur in SA.................... 5 HB 3673 Committee Report - Concur in SA.................... 5 HB 3713 Committee Report - Concur in SA.................... 5 HB 4004 Motion Submitted................................... 6 HB 4023 Motion Submitted................................... 6 HB 4118 Committee Report - Concur in SA.................... 5 HB 4228 Committee Report - Concur in SA.................... 5 HB 4230 Committee Report - Concur in SA.................... 5 HB 4354 Motion Submitted................................... 6 HB 4365 Committee Report - Concur in SA.................... 5 HB 4912 Committee Report - Concur in SA.................... 5 HB 4975 Motion Submitted................................... 7 HB 5076 Motion Submitted................................... 7 HB 5281 Motion Submitted................................... 7 HB 5514 Motion Submitted................................... 7 HB 5610 Concurrence in Senate Amendment/s.................. 36 HB 5615 Committee Report - Concur in SA.................... 5 HB 5654 Committee Report - Concur in SA.................... 5 HB 5794 Committee Report - Concur in SA.................... 5 HB 5961 Committee Report - Concur in SA.................... 5 HB 5965 Refuse to Concur in Senate Amendment/s............. 36 HB 6004 Committee Report - Concur in SA.................... 5 HJR 0078 Agreed Resolution.................................. 23 HR 0771 Adoption........................................... 36 HR 0902 Adoption........................................... 24 HR 0919 Agreed Resolution.................................. 14 HR 0920 Agreed Resolution.................................. 15 HR 0921 Agreed Resolution.................................. 16 HR 0923 Agreed Resolution.................................. 17 HR 0924 Agreed Resolution.................................. 36 HR 0925 Agreed Resolution.................................. 37 HR 0926 Agreed Resolution.................................. 17 HR 0927 Agreed Resolution.................................. 38 HR 0928 Agreed Resolution.................................. 38 HR 0929 Agreed Resolution.................................. 39 HR 0930 Agreed Resolution.................................. 18 HR 0931 Agreed Resolution.................................. 18 HR 0932 Agreed Resolution.................................. 19 HR 0933 Agreed Resolution.................................. 39 HR 0934 Agreed Resolution.................................. 20 HR 0935 Agreed Resolution.................................. 20 HR 0936 Agreed Resolution.................................. 40 HR 0937 Agreed Resolution.................................. 21
3 [May 21, 2002] Bill Number Legislative Action Page(s) HR 0938 Agreed Resolution.................................. 21 HR 0939 Agreed Resolution.................................. 22 HR 0940 Agreed Resolution.................................. 23 SB 1542 Second Reading..................................... 41 SB 1573 Second Reading..................................... 41 SB 1577 Second Reading..................................... 41 SB 1609 Second Reading..................................... 41 SB 1635 Second Reading..................................... 41 SB 1641 Second Reading..................................... 41 SB 1650 Second Reading..................................... 41 SB 1689 Second Reading..................................... 41 SB 1697 Committee Report-Floor Amendment/s................. 5 SB 1697 Second Reading..................................... 41 SB 1701 Second Reading..................................... 41 SB 1710 Second Reading..................................... 41 SB 1721 Second Reading..................................... 41 SB 1732 Second Reading..................................... 41 SB 1760 Second Reading..................................... 41 SB 1809 Second Reading..................................... 41 SB 1814 Second Reading..................................... 41 SB 1839 Second Reading..................................... 41 SB 1849 Second Reading..................................... 41 SB 1927 Second Reading..................................... 41 SB 1949 Committee Report-Floor Amendment/s................. 5 SB 1949 Second Reading..................................... 41 SB 1975 Third Reading...................................... 24 SB 1976 Recall............................................. 24 SB 1983 Second Reading..................................... 41 SB 2017 Second Reading - Amendment/s....................... 25 SB 2018 Second Reading..................................... 41 SB 2023 Second Reading..................................... 41 SB 2030 Second Reading..................................... 41 SB 2069 Second Reading..................................... 41 SB 2098 Second Reading..................................... 41 SB 2155 Committee Report-Floor Amendment/s................. 5 SB 2155 Second Reading - Amendment/s....................... 24 SB 2188 Second Reading..................................... 41 SB 2189 Second Reading..................................... 41 SB 2201 Second Reading..................................... 41 SB 2205 Second Reading..................................... 41 SB 2210 Second Reading..................................... 41 SB 2212 Second Reading..................................... 41 SB 2214 Second Reading..................................... 41 SB 2216 Second Reading..................................... 41 SB 2225 Second Reading..................................... 41 SB 2226 Second Reading..................................... 41 SB 2232 Second Reading..................................... 41 SB 2241 Recall............................................. 24 SB 2312 Second Reading..................................... 41 SB 2392 Senate Message - Passage of Senate Bill............ 8 SB 2393 Senate Message - Passage of Senate Bill............ 8 SB 2394 Senate Message - Passage of Senate Bill............ 8 SB 2395 Senate Message - Passage of Senate Bill............ 8 SB 2396 Senate Message - Passage of Senate Bill............ 8 SB 2397 Senate Message - Passage of Senate Bill............ 8 SJR 0065 Senate Message..................................... 8
[May 21, 2002] 4 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Illinois National Guard Posting of Color 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: 112 present. (ROLL CALL 1) By unanimous consent, Representatives Durkin, Hamos, Murphy and O'Brien were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Speaker Madigan, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Lawfer replaced Representative Berns in the Committee on Higher Education on May 14, 2002. Representative Osmond replaced Representative Coulson in the Committee on Health Care Availability & Access on May 14, 2002. Representative Tenhouse replaced Representative Jones, and Representative Beaubien replaced Representative Bost in the Committee on Veterans' Affairs on May 15, 2002. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 21, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I am extending the Third Reading Deadlines until Friday, May 31, 2002 for the following House Bill listed below: House Bills: 1692 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House
5 [May 21, 2002] GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 21, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Committee, Third Reading and/or Final Passage Deadlines until Friday, May 31, 2002 for the Senate Bill listed below: Senate Bill: 314 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "be approved for consideration" and be placed on the order of Concurrence: HOUSE BILL 1692. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 638. Amendments numbered 1 and 2 to SENATE BILL 1697. Amendment No. 2 to SENATE BILL 1949. Amendments numbered 4 and 5 to SENATE BILL 2155. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 2 to HOUSE BILL 1081. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1692. Motion to concur with Senate Amendments numbered 2 and 3 to HOUSE BILL 3673. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 3713. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4118. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 4228. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4230. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4365. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4912. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 5615. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 5654. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 5794. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 5961. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 6004. That the Motion be reported "be approved for consideration" and placed on the House Calendar:
[May 21, 2002] 6 Motion to non-concur with Senate Amendment No. 1 to HOUSE BILL 1646. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross (Black) Y Tenhouse, Spkpn (Rutherford) Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Cities & Villages: House Amendment 2 to SENATE BILL 1635 and the Motion to Concur in Senate Amendment 1 to HOUSE BILL 5577. Committee on Commerce & Business Development: Motion to Concur in Senate Amendment 1 to HOUSE BILL 3212. Committee on Elementary & Secondary Education: Motion to Concur in Senate Amendments 1, 2 and 3 to HOUSE BILL 1436. Committee on Executive: House Amendment 2 to SENATE BILL 2216 and SENATE BILL 314. Committee on Health Care Availability & Access: Motion to Concur in Senate Amendments 1, 2 and 4 to HOUSE BILL 1889. Committee on Higher Education: HOUSE RESOLUTIONS 892 and 914. Committee on Human Services: Motion to Concur in Senate Amendments 1 and 2 to HOUSE BILL 6041. Committee on Insurance: Motion to Concur in Senate Amendment 1 to HOUSE BILL 5596. Committee on Judiciary I-Civil Law: Motion to Concur in Senate Amendment 1 to HOUSE BILL 4720; HOUSE RESOLUTIONS 889 and 910. Committee on Judiciary II-Criminal Law: House Amendment 5 to SENATE BILL 1641; House Amendments 1 and 2 to SENATE BILL 1936; and House Amendment 1 to SENATE BILL 2023. Committee on Labor: HOUSE RESOLUTION 884. Committee on Registration & Regulation: House Amendment 3 to SENATE BILL 1701, Motion to Concur in Senate Amendment 1 to HOUSE BILL 4004, Motion to Concur in Senate Amendment 1 to HOUSE BILL 4255, Motion to Concur in Senate Amendment 1 to HOUSE BILL 5278 and Motion to Concur in Senate Amendment 1 to HOUSE BILL 5803. Committee on Transportation & Motor Vehicles: House Amendment 2 to SENATE BILL 1657 and Motion to Concur in Senate Amendment 1 to HOUSE BILL 4354. MOTIONS SUBMITTED Representative Burke 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 4004. Representative Slone 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 4023. Representative Winkel 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 4354.
7 [May 21, 2002] Representative Hoffman submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 4975. Representative Soto 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 5076. Representative Kosel 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 5281. Representative McAuliffe 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 5514. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 65 WHEREAS, Alzheimer's disease is a progressive degenerative disease of the brain that affects numerous Illinois citizens; and WHEREAS, 210,600 citizens of Illinois are afflicted with Alzheimer's disease; 10% of persons over the age of 65 and nearly 50% of persons over the age of 85 suffer from the disease; at least 50% of all nursing home residents have Alzheimer's disease or dementia; and WHEREAS, 70% of people with Alzheimer's disease live at home, and 75% of these individuals depend upon the care of family and friends; frequently, the family caregivers' health is compromised due to the stress of providing care; and WHEREAS, Alzheimer's disease is extremely costly; the average lifetime cost of Alzheimer's disease is $174,000 per person; the cost of home care can exceed $18,000 per year and the cost of nursing home care averages $42,000 per year; and WHEREAS, A significant function of government is to promote the health, safety, and welfare of its citizens; therefore be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there be created the Illinois Legislative Alzheimer's Disease Task Force consisting of 8 members of the Illinois General Assembly appointed as follows: two members of the Senate appointed by the President of the Senate, one of whom to serve as co-chairman; two members of the Senate appointed by the Minority Leader of the Senate; two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom to serve as co-chairman; and two members of the House of Representatives appointed by the Minority Leader of the House of Representatives; all of whom shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated for that purpose; and be it further RESOLVED, That the mission of the Task Force shall be to help optimize the quality of life for people who suffer from Alzheimer's disease and their families through advocacy, education, support, and
[May 21, 2002] 8 services, while actively promoting research to eliminate the disease; the Task Force shall examine, along with any other issues it chooses to investigate with respect to Alzheimer's disease, the following issues: (1) the disease facts, prevalence, and costs; (2) the financial barriers to essential care; (3) the continuum of care, including medical assessment or diagnosis, drug therapy, caregiver training and support, home and community based care, adult day services, residential care options, and hospice care; and (4) the training and qualifications of those who work with individuals with Alzheimer's; and be it further RESOLVED, That the Task Force shall receive the assistance of legislative staff, may employ skilled experts with the approval of the President of the Senate, and shall report its findings to the General Assembly on or before December 1, 2002. Adopted by the Senate, May 21, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 65 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 2392 A bill for AN ACT regarding appropriations. SENATE BILL NO. 2393 A bill for AN ACT regarding appropriations. SENATE BILL NO. 2394 A bill for AN ACT regarding appropriations. SENATE BILL NO. 2395 A bill for AN ACT regarding appropriations. SENATE BILL NO. 2396 A bill for AN ACT regarding appropriations. SENATE BILL NO. 2397 A bill for AN ACT regarding appropriations. Passed by the Senate, May 21, 2002. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 2392, 2393, 2394, 2395, 2396 and 2397 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 2207 Adopted by the Senate, May 21, 2002. Jim Harry, Secretary of the Senate
9 [May 21, 2002] 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 2207 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1 and 2 to House Bill 2207, recommend the following: 1. that the Senate recede from Senate Amendments Nos. 1 and 2; and 2. that House Bill 2207 be amended by replacing everything after the enacting clause with the following: "Section 1. Short Title. This Act may be cited as the Mortgage Certificate of Release Act. Section 5. Definitions. As used in this Act: "Mortgage" means a mortgage or mortgage lien on an interest in one-to-four family residential real property in this State given to secure a loan in the original principal amount of less than $500,000. Trust deeds are not included. "Mortgagee" means either: (i) the grantee of a mortgage; or (ii) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record. "Mortgage servicer" means the last person to whom a mortgagor or the mortgagor's successor in interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payoff statement. "Mortgagor" means the grantor of a mortgage. "Notice of intention to file certificate of release" means a statement from a title insurance company or title insurance agent to the person to whom payment of the loan secured by the mortgage was made in accordance with the payoff statement of the intention to record a certificate of release. "Payoff statement" means a statement for the amount of the (i) unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges due under or secured by the mortgage; and (ii) interest on a per day basis for the unpaid balance. "Record" means to deliver the certificate of release for recording with the county recorder. "Title insurance agent" has the same meaning ascribed to it as in Section 3 of the Title Insurance Act. "Title insurance company" has the same meaning ascribed to it as in Section 3 of the Title Insurance Act. Section 10. Content and delivery of notice of intention to file certificate of release. (a) The notice of intention to file a certificate of release shall state that if the title insurance company or title insurance agent does not receive from the mortgagee or mortgage servicer or its successor in interest either a release or a written objection to the issuance of a certificate of release pursuant to subsection (c) of this Section, a certificate of release may be delivered for recording to the recorder of each county in which the mortgage is recorded. A notice of intention to file a certificate of release should be in a form and include content that substantially complies with Section 65 of this Act. The notice of intention shall include a copy of the closing statement or HUD-1 form and the payoff check or a copy of it, or a copy of the wire transfer order. (b) The notice of intention to file a certificate of release shall be sent by certified mail, return receipt requested, with postage prepaid, or by another service providing receipted delivery, no sooner than the day of closing and no later than 30 days after receipt of payment. The notice shall be delivered to the location identified in the payoff statement or as otherwise directed in writing by the mortgagee or mortgage servicer or its successor in interest. The notice may be sent with the payment, and need not be sent separately. (c) Within 90 days after receipt of the notice of intention to file a certificate of release, the mortgagee or mortgage servicer or
[May 21, 2002] 10 its successor in interest may issue a release or may object in writing to the issuance of a certificate of release, and by doing so shall prevent the title insurance company or title insurance agent from executing and recording a certificate of release pursuant to this Act. Any written objection submitted by the mortgagee or mortgage servicer or its successor in interest shall state the reason for which the release or certificate of release should not be issued. The written objection shall be sent to the title insurance company or title insurance agent by certified mail, return receipt requested, with postage prepaid, or by another service providing receipted delivery. A title insurance company or title insurance agent shall not cause a certificate of release to be recorded pursuant to this Section if the title insurance company or title insurance agent receives a written objection from the mortgagee or mortgage servicer or its successor in interest. Section 15. Certificate of release. An officer or duly appointed agent of a title insurance company may, on behalf of a mortgagor or a person who has acquired from a mortgagor title to all or part of the property described in the mortgage, execute a certificate of release that complies with the requirements of this Act and record the certificate of release with the recorder of each county in which the mortgage is recorded, provided that payment of the loan secured by the mortgage was made in accordance with a written payoff statement furnished by the mortgagee or the mortgage servicer, that a satisfaction or release of the mortgage has not previously been recorded, and that a notice of intention to file a certificate of release was sent in accordance with Section 10. Section 20. Contents of certificate of release. A certificate of release executed under this Act must contain substantially all of the following: (a) The name of the mortgagor, the name of the original mortgagee, and, if applicable, the mortgage servicer at the date of the mortgage, the date of recording, and the volume and page or document number or other official recording designation in the real property records where the mortgage is recorded, together with similar information for the last recorded assignment of the mortgage. (b) A statement that the mortgage was paid in accordance with the written payoff statement received from the mortgagee or mortgage servicer and there is no objection from the mortgagee or mortgage servicer or its successor in interest. (c) A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this State pursuant to subsections (2) and (3) of Section 3 of the Title Insurance Act. (d) A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage. (e) A statement that the mortgagee or mortgage servicer provided a written payoff statement. Section 25. Execution. A certificate of release authorized by Section 15 must be executed and acknowledged as required by law, as in the case of a deed, and may be executed by an officer or a duly appointed agent of a title insurance company. The agent must be a currently registered title insurance agent of the title insurance company. Section 30. Appointment of title insurance agent. (a) The appointment of a title insurance agent must be executed and acknowledged as required by law, as in the case of a deed, and must state all of the following: (1) the identity of the title insurance company as the principal; (2) the identity of the person, partnership, limited partnership, limited liability company, limited liability partnership, or corporation authorized to act as title insurance agent to execute and record certificates of release provided for in
11 [May 21, 2002] this Act on behalf of the title insurance company; (3) that the title insurance agent has the full authority to execute and record certificates of release provided for in this Act on behalf of the title insurance company; (4) the term of appointment of the title insurance agent; and (5) that the title insurance agent has consented to and accepts the terms of the appointment. (b) The delegation to a title insurance agent by a title insurance company shall not relieve the title insurance company of any liability for actual damages as provided in Section 40. (c) A title insurance company may create an instrument, executed by an officer of that company and acknowledged in the same manner as a deed, appointing one or more title insurance agents authorized to issue certificates of release under this Act. This instrument shall designate the county or counties in which it is to be effective and shall be recorded with the recorder in each each of those counties, either as an original instrument or by recording a copy certified by the recorder of one of the counties. A separate appointment of title insurance agent shall not be necessary for each certificate of release. The appointment of an agent may be re-recorded where necessary to establish authority of the agent, but the authority shall continue until a revocation of appointment is recorded in the office of the recorder where the appointment of title insurance agent was recorded or on the date, if any, in the recorded appointment document. Section 35. Effect of recording certificate of release. For purposes of releasing the lien of the mortgage, a certificate of release containing the information and statements provided for in Section 20 and executed as provided in Section 25 is prima facie evidence of the facts contained therein, and upon being recorded with the recorder, shall constitute a release of the lien of the mortgage described in the certificate of release. The title insurance company or title insurance agent recording the certificate of release may use the recording fee collected for the recording of a release or satisfaction of the mortgage to effect the recording of the certificate of release. Section 40. Wrongful or erroneous certificate of release. Recording of a wrongful or erroneous certificate of release by a title insurance company or its title insurance agent shall not relieve the mortgagor or the mortgagor's successors or assignees from any personal liability on the loan or other obligations secured by the mortgage. In addition to any other remedy provided by law, a title insurance company executing or recording a certificate of release under this Act that has actual knowledge that the information and statements contained therein are false is liable to the mortgagee for actual damages sustained due to the recording of the certificate of release. The prevailing party in any action or proceeding seeking actual damages due to the recording of a certificate of release shall be entitled to the recovery of reasonable attorneys fees and costs incurred in that action or proceeding. Section 45. Recording. If a mortgage is recorded in more than one county and a certificate of release is recorded in one of them, a certified copy of the certificate of release may be recorded in another county with the same effect as the original. In all cases, the certificate of release shall be entered and indexed where satisfactions or releases of mortgage are entered and indexed. Section 50. Form of certificate of release. A certificate of release in substantially the following form complies with this Act. CERTIFICATE OF RELEASE Date:....Title Order No.:..... 1. Name of mortgagor(s):..... 2. Name of original mortgagee:..... 3. Name of mortgage servicer (if any):..... 4. Name of last assignee of mortgage or record (if any):..... 5. Mortgage recording: Vol.:.....Page:.....or Document No.:..... 6. Last assignment recording (if any): Vol.:.....Page:.....or Document No.:..... 7. The above referenced mortgage has been paid in accordance with the
[May 21, 2002] 12 payoff statement received from....., and there is no objection from the mortgagee or mortgage servicer or its successor in interest to the recording of this certificate of release. 8. The person executing this certificate of release is an officer or duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this State pursuant to Section 30 of this Act. 9. This certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or part of the property described in the mortgage. 10. The mortgagee or mortgage servicer provided a payoff statement. 11. The property described in the mortgage is as follows: Permanent Index Number:..... Common Address:..... (Name of title insurance company) By:..... (Name of officer and title or name of agent and name of officer / representative thereof) Address:..... Telephone No.:..... State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 55. Form of appointment of title insurance agent for issuance of certificates of release. A title insurance company shall use the following form for the appointment of its title insurance agents for the purpose of executing certificates of release pursuant to this Act. APPOINTMENT OF TITLE INSURANCE AGENT OR AGENTS FOR ISSUANCE OF CERTIFICATES OF RELEASE ..... (name of title insurance company) appoints ..... (name of title insurance agent or agents) to act as its agent or agents for the purpose of executing and delivering for recording certificates of release as provided by the Mortgage Certificate of Release Act. This appointment shall commence on ..... (date) and (select one) continue until revoked as provided by that Act / terminate on ..... (date). The agent or agents appointed has/have consented to and accept the terms of this appointment. Dated this ..... (date). By: ..... (title insurance company) ..... (signature) ..... (typed / printed name & title) ..... (address) ..... (telephone number) State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 60. Form of revocation of appointment of title insurance agent or agents for issuance of certificates of release. A title insurance company shall use the following form for the purpose of revoking the appointment of its title insurance agent's authorization for executing certificates of release pursuant to this Act. REVOCATION OF APPOINTMENT OF TITLE INSURANCE
13 [May 21, 2002] AGENT OR AGENTS FOR ISSUANCE OF CERTIFICATES OF RELEASE .... (name of title insurance company) revokes the appointment of ..... (name of title insurance agent or agents) to act as its agent for the purpose of executing and delivering for recording certificates of release as provided by the Mortgage Certificate of Release Act. This Revocation shall be effective upon the recording in each county, or on ..... (date), if subsequent to recording. A copy of this Revocation has been delivered to the named title insurance agent or agents by certified U. S. mail, return receipt requested, at the following address or addresses: .....(name of title insurance agent) .....(address) Dated this ..... (date). By: ..... (title insurance company) ..... (signature) ..... (typed / printed name & title) ..... (address) ..... (telephone number) State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 65. Form of notice of intention to file certificate of release. A notice of intention to file certificate of release shall be in the following form. Use of a form substantially similar to this form complies with this Act. NOTICE OF INTENTION TO FILE CERTIFICATE OF RELEASE (Name of title insurance company or title insurance agent), authorized to issue certificates of release, having participated in the real estate closing resulting in the funding of the payoff of the mortgage originally recorded as Document No. ..., or Book at page or other filing made to (name of original mortgagee) hereby gives this notice of intention to file certificate of release. If, within 90 days from the receipt of this notice by you, we have not received a release or satisfaction of the mortgage or an objection to the issuance of a certificate of release, we may record a certificate of release of this mortgage with the office of the recorder. Enclosed is a copy of the closing statement or HUD-1 form and the payoff check or a copy of it, or copy of the wire transfer order. Dated: (Insert date) By: (Title Insurance Company or Title Insurance Agent as authorized agent of title insurance company) By: (Name of officer of title insurance company or authorized title insurance agent) (signed) ... Section 90. Repeal. This Act is repealed on January 1, 2004. A certificate of release executed during the period in which this Act is in effect is valid and entitled to recording. Any certificate of release of record is effective as provided in Section 35 of this Act. Section 95. The Mortgage Act is amended by changing Section 2 as follows: (765 ILCS 905/2) (from Ch. 95, par. 52) Sec. 2. Every mortgagee of real property, his assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him from the mortgagor, and every trustee, or his successor in trust, in a deed of trust in the nature of a mortgage, the notes, bonds or other indebtedness secured thereby having been fully paid before September 7,
[May 21, 2002] 14 1973, shall, at the request of the mortgagor, or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, in case such mortgage or trust deed has been recorded or registered, make, execute and deliver to the mortgagor or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, an instrument in writing executed in conformity with the provisions of this section releasing such mortgage or deed of trust in the nature of a mortgage, which release shall be entitled to be recorded or registered and the recorder or registrar upon receipt of such a release and the payment of the recording fee therefor shall record or register the same. Mortgages of real property and deeds of trust in the nature of a mortgage shall be released of record only in the manner provided herein or as provided in the Mortgage Certificate of Release Act; however, nothing contained in this Act shall in any manner affect the validity of any release of a mortgage or deed of trust made prior to January 1, 1952 on the margin of the record. Every mortgagee of real property, his assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him from the mortgagor, and every trustee, or his successor in trust, in a deed of trust in the nature of a mortgage, the notes, bonds or other indebtedness secured thereby having been fully paid after September 7, 1973, shall make, execute and deliver to the mortgagor or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, an instrument in writing releasing such mortgage or deed of trust in the nature of a mortgage or shall deliver that release to the recorder or registrar for recording or registering. If the release is delivered to the mortgagor or grantor, it must have imprinted on its face in bold letters at least 1/4 inch in height the following: "FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE OFFICE THE MORTGAGE OR DEED OF TRUST WAS FILED". The recorder, or registrar, upon receipt of such a release and the payment of the recording or registration fee, shall record or register the release. (Source: P.A. 83-358.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on April 10, 2002 s/Sen. Thomas J. Walsh s/Rep. Robert Bugielski s/Sen. Carl Hawkinson s/Rep. Barbara Currie s/Sen. Kirk Dillard Rep. Daniel Burke Sen. John Cullerton s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. James H. Meyer Committee for the Senate Committee for the House CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative McAullife asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 5514. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Soto asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 5076. RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 919
15 [May 21, 2002] Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives wish to recognize notable accomplishments in high school sports; and WHEREAS, Wholesome school and athletic activity is encouraged at all levels of participation and ability; and WHEREAS, Jason Fisher has diligently trained and excelled in his basketball skills throughout his lifetime; and WHEREAS, Many coaches, teachers, and administrators of Delavan High School have consistently encouraged and lauded Jason's efforts, determination, and ability; and WHEREAS, Jason Fisher has projected himself to the highest level of accomplishment in his championship performance in the 2002 IHSA State Class A Slam Dunk Competition; and WHEREAS, Jason Fisher celebrates his outstanding accomplishment with his teammates, coaches, family, friends, and the student body at Delavan High School; in addition, the City of Delavan recognized April 13, 2002, as "King of the Hill Day" in recognition of Jason Fisher; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jason Fisher on his championship performance at the 2002 IHSA State Class A Slam Dunk Competition; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jason Fisher as an expression of our esteem. HOUSE RESOLUTION 920 Offered by Representative Bill Mitchell: WHEREAS, Abraham Lincoln Memorial Hospital in Lincoln formally celebrated its 100th anniversary on May 5, 2002, with a rededication ceremony; and WHEREAS, Since the St. John Evangelical Deaconess Hospital, predecessor to Abraham Lincoln Memorial Hospital, was founded in 1902, the residents of Lincoln and the surrounding area have provided the resources to support healthcare that is unsurpassed in quality and compassion; and WHEREAS, Abraham Lincoln Memorial Hospital (ALMH) of Lincoln, is a 66 bed, not-for-profit, community-based general hospital; an affiliate of Memorial Health System of Springfield, ALMH is the only hospital in rural Logan County, serving 17 communities in Logan and eastern Mason County; and WHEREAS, The existence of Abraham Lincoln Memorial Hospital, ensures that residents of the area have access to the best healthcare possible; this includes caring for new life, supporting caregivers, nurturing those who are ill, and caring for those who are dying; through philanthropic support, the quality of life for individuals, their families and loved ones is enhanced; and WHEREAS, In the last seven years, the hospital has spent $6.5 million on building improvements and $3 million on technology, and most of that money has come from gifts from area residents who want a full-service hospital in Lincoln; and WHEREAS, In the last year, the hospital has opened new Family Maternity Suites and a Women's Health Unit, acquired a faster and more accurate scanner to view things like kidney stones, and opened an outpatient surgery area; and WHEREAS, The hospital's next advancement will be to move its information technology into the 21st century; by October 1, 2002, the hospital will introduce electronic patient medical records, which will allow doctors to access patient records from various parts of the hospital or their offices; and WHEREAS, Logan County residents know that having a full-service hospital in a town of 15,369 people is unusual, however the primary reason for the hospital's success has been its support from the community, that includes not only going to the hospital but donating to it; and WHEREAS, Abraham Lincoln Memorial Hospital's main goal is to treat
[May 21, 2002] 16 patients better and faster, a goal that hasn't changed in 100 years and is a key to the hospital's 100-year success; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Abraham Lincoln Memorial Hospital on the celebration of its 100th anniversary of service and commitment to the residents of Logan County; and be it further RESOLVED, That a suitable copy of this resolution be presented to F.G. "Woody" Hester, the CEO of Abraham Lincoln Memorial Hospital. HOUSE RESOLUTION 921 Offered by Representative Wojcik - Parke: WHEREAS, May 27, 2002 will mark the 40th anniversary of memorializing our military and most currently our men and women law enforcement officers and firefighters within the Villages of Schaumburg and Hoffman Estates and the entire State of Illinois; this commemoration founded by, hosted by, chaired by, and emceed by St. Peter Lutheran Church and School in Schaumburg is only as successful as the involvement of its civic military organizations, corporate and local business, both Villages, and most importantly, the residents of our State and specifically those who reside within the boundaries of Schaumburg and Hoffman Estates; and WHEREAS, The roots of this historical commemoration are founded at the footsteps of St. Peter Lutheran Church in Schaumburg through the efforts of its past Senior Pastor, John "Jack" Sternberg; in 1962, Pastor Sternberg began this long-term memorial by having the school children of St. Peter Church and School place flags on the graves of veterans and past schoolteachers; and WHEREAS, This event developed into a long-term memorial day event which included local VFW and American Legion organizations and numerous civic organization such as the Schaumburg/Hoffman Estates Rotary, Schaumburg/Hoffman Estates Jaycees, and Elk Grove Elks led by St. Peter Church; and WHEREAS, This 40th anniversary will include a motorcycle "flag escort" through the Villages of Schaumburg and Hoffman Estates, a passing of the flag from the escort to the Schaumburg Fire Department who will "post colors" for the start of the ceremony at St. Peter, singing of the national anthem and pledge of allegiance, and a special wreath laying with a multi-disciplined honor guard, comprised of the police and fire departments from Schaumburg and Hoffman Estates and local VFW and American Legion personnel; the honor guard will also be comprised of local boy and girl scouts; patriotic music vocal accompaniment and Taps will be performed by all three local high schools, Conant, Hoffman Estates, and Schaumburg, including two trumpet soloists, a marching band, and a vocal group; a military firing squad assisted by the Women's Auxiliary will be responsible for the closing ceremonies; a free old-style picnic follows in the Grove of St. Peter; and WHEREAS, In addition to the above events, the Memorial Day Essay Winners, Mr. Matthew Earl and Ms. Melissa Phillips will read their essays and each will receive a savings bond from Heritage Bank of Schaumburg; this year's essay theme is "What an American Hero Means to Me"; Lt. Rick Kolomay of the Schaumburg Fire Department, who worked diligently alongside his colleagues at the World Trade Center's Ground Zero, will be the Service's Guest Speaker; and RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Villages of Schaumburg and Hoffman Estates and especially St. Peter Lutheran Church and School for their tenured leadership in such a commemoration, which continues to generate a camaraderie and sense of pride amongst all residents within the local area; and be it further RESOLVED, That we thank patriotic citizens such as the Reverend John Sternberg, who had a futuristic vision for ensuring that such a memorial day commemoration would become an institution within the community; and be it further
17 [May 21, 2002] RESOLVED, That a suitable copy of this resolution be presented to Reverend John Sternberg of St. Peter Lutheran Church and School and to the Villages of Schaumburg and Hoffman Estates. HOUSE RESOLUTION 923 Offered by Representative Collins: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Barbara Collins is retiring from her duties as a Restricted Interest Examiner with the Internal Revenue Service on July 2, 2002, after 28 years and 7 months of service; and WHEREAS, Mrs. Collins has been a member of the Association of Improvement for Minorities (AIM) for the past five years; and WHEREAS, Barbara Collins is the wife of the late Herbert Collins, the mother of Rosalind, State Representative Annazette Collins, Craig, Jeffrey, and Kevin, and the grandmother of eight grandchildren; and WHEREAS, Family and friends of Barbara Collins will celebrate her career and retirement in style at a party in Bridgeview on June 23, 2002; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Barbara Collins on her retirement as a Restricted Interest Examiner after 28 years of service and 7 months of service with the Internal Revenue Service; and be it further RESOLVED, That a suitable copy of this resolution be presented to Barbara Collins as an expression of our esteem. HOUSE RESOLUTION 926 Offered by Representative Zickus: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate the North Palos Fire Protection District on their 50th anniversary this year; and WHEREAS, A Fireman's Club was formed in 1947 to protect the northern area of the Palos Township by the North Palos Township Improvement Association; and WHEREAS, On January 9, 1952, an election with an overwhelming outcome voted to form a Fire Protection District; and WHEREAS, The North Palos Township dedicated Fire Station #1 in 1955 on the existing property at 10629 S. Roberts Road, purchased in 1951; and WHEREAS, In 1956, additional neighboring property was annexed into the North Palos Fire Protection District; and WHEREAS, On January 23, 1968, the District established ambulance service; and WHEREAS, In 1974, an addition was added onto Station #1; and WHEREAS, In 1976, the North Palos Fire District became a member of the newly formed First District Fire Chiefs Association; and WHEREAS, On April 1, 1978, the first full-time personnel were hired; and WHEREAS, In October 1992, Fire Station #2 at 8913 W. 95th Street was opened; and WHEREAS, The North Palos Fire Protection District is a member of MABAS (Mutual Aid Box Alarm System) Division 21 and is a Regional Training site for the Illinois Fire Service Institute; and WHEREAS, In 2001, the North Palos Fire Protection District responded to 2792 requests for assistance; and WHEREAS, The two stations are staffed with 11 people per day with 50 combined paid firefighters, paramedics, and part time personnel and an office staff of two; the District had 34 volunteers in 1952; the Board of Trustees and Board of Fire Commissioners each consist of 3 members; and WHEREAS, The first Fire Chief was Charles Morgan, who served from
[May 21, 2002] 18 1947 to 1950, followed by Fred Lange from 1950 to 1955; Hal Carlson was the Fire Chief from 1955 to 1969 followed by John H. Roe, Sr., from 1969 to 1993; the present Fire Chief of the North Palos Fire Protection District is Richard R. McKeon, who has served since 1994; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the North Palos Fire District on their 50th anniversary this year; and be it further RESOLVED, That a suitable copy of this resolution be presented to Chief Richard R. McKeon and the North Palos Fire Protection District as an expression of our esteem. HOUSE RESOLUTION 930 Offered by Representative Stephens: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate John D. Cavaletto of Salem on being inducted into the Illinois Athletic Directors' Association Hall of Fame; and WHEREAS, Mr. Cavaletto retired from Salem High School in June 2001 after 38 years in education; during this time he was a teacher, coach, athletic director, and principal; and WHEREAS, Mr. Cavaletto was employed at Mt. Vernon High School, Coulterville High School, the Graduate School of Southern Illinois University at Carbondale, Mulberry Grove High School, Mater Dei High School, and Salem Community High School; and WHEREAS, Mr. Cavaletto coached his Mater Dei basketball team to a 4th place finish in the 1974 State Tournament, while being elected Coach of the Year for Southern Illinois that same year; and WHEREAS, Mr. Cavaletto was membership chairman for the Illinois Athletic Directors Association (IADA) for three years, served on five different state conference committees and was the IADA representative to the IHSA Athletic Director's Advisory Board; he has also received the IADA Outstanding Athletic Director of the Year Award; and WHEREAS, Other awards that Mr. Cavaletto received are the Illinois Principals Association Herman Graves Award, the Illinois Athletic Directors Distinguished Service Award, the Knights of Columbus Award, the Breese Jaycees Service Award, the Eastern Seal Society Service Award, the Parent-Teacher Organization Service Award, the Salem Shrine Club Service Award, and the Salem Lions Club Service Award; and WHEREAS, Mr. Cavaletto is active in his community and was a past president at the Salem Community Activities Center; he is a member of the Knights of Columbus, the Salem Elks Lodge, the Illinois High School Principal Association, and the Salem Moose Lodge; and WHEREAS, Mr. Cavaletto is married to Connie Cavaletto and has three sons, Kevin, John, and Jason, and three grandchildren, Taylor, Rachel, and Jonathan; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John D. Cavaletto for being inducted into the Illinois Athletic Directors' Association Hall of Fame; and be it further RESOLVED, That a suitable copy of this resolution be presented to John D. Cavaletto as an expression of our esteem. HOUSE RESOLUTION 931 Offered by Representative Klingler: WHEREAS, The members of the Illinois House of Representatives are honored to recognize notable achievements of citizens from the State of Illinois; and WHEREAS, It has come to our attention that Dennis G. Petty has been selected as Social Worker of the Year by the National Association of Social Workers-Springfield District; and WHEREAS, Mr. Petty is the Lead Administrator of the Lutheran Child and Family Services-Central Region in Springfield; he has been a counseling supervisor for the past five years; prior to that, he worked
19 [May 21, 2002] at Catholic Charities for nine years; and WHEREAS, Mr. Petty received his Masters in social work from the University of Illinois in 1980; and WHEREAS, Mr. Petty has been an active member of the National Association of Social Workers for over 15 years; he is a Lutheran Child and Family Services Social Worker, an Approved Supervisor and Clinical Member of the American Association of Marriage and Family Therapy, and holds a Type 73 School Social Work Certificate; he also serves as a Clinical Supervisor for the Lutheran Child and Family Services' Central Illinois Family Counseling Program; and WHEREAS, Mr. Petty has been a foster parent, a trainer, and a member of the Governor's Child Welfare Committee on Family First; he served as President of the Human Services Education Council (HSEC) from 1994 to 1998; and WHEREAS, Dennis Petty has a part-time practice; for the past six years he has been affiliated with Psychiatric Associates of Central Illinois; he also volunteers at the Inner City Mission, a local emergency shelter in Springfield; and WHEREAS, Dennis and his wife, Sue, reside in Rochester; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dennis G. Petty on being named as the Social Worker of the Year by the National Association of Social Workers-Springfield District; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dennis G. Petty as an expression of our esteem. HOUSE RESOLUTION 932 Offered by Representative Klingler: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built, and a marriage that has achieved a notable longevity is truly a model for the people of the State of Illinois; and WHEREAS, It has come to our attention that Mr. and Mrs. Robert Gorens, Sr., of Springfield, Illinois, will celebrate the fiftieth anniversary of their marriage on July 13, 2002; and WHEREAS, Bobby and Betty Gorens, Sr., have a long and distinguished history of dedication and service to their family, church, and community; for 50 years they have lived and worked in the Springfield community; and WHEREAS, After serving his country in the United States Army, Bobby Gorens, Sr., was employed with the United States Post Office and Illinois Bell for 40 years until his retirement in 1996; during his career he was a baseball star and had the chance to play for the major leagues but could not due to the Jim Crow laws; in addition, he was a member of the ABC Bowling Association, where he bowled in tournaments around the country for 20 years; and he is an active member of the American Legion Post 809; and WHEREAS, Betty Gorens has been a housewife, mother, and grandmother for the past 50 years; she was also a member of the ABC Bowling Association and has bowled in tournaments around the country for 15 years; in addition, she has been known to co-write with her mother Christian plays that have been seen at different churches around the country; she has traveled with the All Nations Tabernacle church choir and is the founder and member of the "Fellowship", a church group dedicated to doing God's work for the past 18 years; she also serves as a counselor to the young people of the Springfield community; Mrs. Gorens is the recipient of the "Special Merit Award", a certificate of achievement for Christian service; and WHEREAS, Bobby and Betty Gorens, Sr., will celebrate their fiftieth wedding anniversary with the reaffirmation of their wedding vows on July 13, 2002, at the Ramada Inn Springfield in the presence of family and friends; and WHEREAS, Bobby and Betty Gorens, Sr., stand as examples of the best
[May 21, 2002] 20 of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bobby and Betty Gorens, Sr., on the occasion of their fiftieth wedding anniversary; that we commend them for achieving a long and happy marriage, blessed with children and grandchildren and rich in friendships; and that we wish them happiness and good health in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. and Mrs. Robert Gorens, Sr., as an expression of our respect and esteem. HOUSE RESOLUTION 934 Offered by Representative Ryan: WHEREAS, The members of the Illinois House of Representatives are proud to recognize significant events in the lives of the citizens of this State; and WHEREAS, It has come to our attention that Debbie Bach is completing her last term as Illinois President of the General Federation of Women's Clubs (GFWC); and WHEREAS, Debbie Bach has been a member of the Lansing Junior Woman's Club since 1976; she has held various positions in many Illinois GFWC clubs including GFWC Junior Director, GFWC Director of Junior Clubs, and she is currently Illinois State President; as State President, her special emphasis project was "Child Abuse Prevention"; and WHEREAS, While GFWC Director of Junior Clubs, Debbie Bach had the opportunity to be a U.S. Delegate to the International Woman's Conference in Beijing, China; and WHEREAS, Debbie Bach married Don on May 22, 1965, and has been happily married for 37 years; and WHEREAS, Debbie and Don Bach have three children, Donna (Sonny) Storbeck, Bill (MaryAnn), and Brian (Beth); they have one grandchild, Billy Bach; and WHEREAS, Debbie Bach and her husband have worked hard in their family golf business, Cam Golf, for 30 years; she has kept the books for the business for the last 20 years; and WHEREAS, In addition to her work and various positions held throughout the GFWC Organization, Debbie Bach likes to read and loves to spend time with grandson, Billy; she enjoys traveling and being at her condo in Arizona; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Debbie Bach on her contributions to the General Federation of Women's Clubs, and wish her all the best in her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Debbie Bach as an expression of our esteem. HOUSE RESOLUTION 935 Offered by Representative Capparelli: WHEREAS, Every year, the City of Chicago honors outstanding older persons during the Chicago Senior Citizens Hall of Fame recognition ceremony; in keeping with a forty-year tradition, Hall of Fame inductees are selected for their significant professional and social contributions to the city as members of a business, religious, community, or educational organization; and WHEREAS, On May 21, 2002 Mary M. Staniec will be inducted into the Senior Citizens Hall of Fame at a formal ceremony at the Chicago Cultural Center for her more than 25 years of civic and community service to the residents of Cook County, the State of Illinois, and the United States of America; and
21 [May 21, 2002] WHEREAS, A graduate of Chicago State University, Mrs. Staniec has brought to her work a diligence and a concern for the State of Illinois which has earned her personal success as well as the admiration of others; and WHEREAS, Mrs. Staniec has long been, and remains, active in her northwest side neighborhood; she is founder, organizer, and president of the Northwest Action Council, Inc., which concerns itself with social, civic, health, and economic issues in the community; she was also founder, organizer, and president of the 16th Legislative District Citizens Committee for the Equal Rights Amendment; and WHEREAS, In addition, Mrs. Staniec has been active in AFSCME Local 2912, where she served as Assistant Chief Steward for two years and then as Executive Vice-President; she has also been long active in the 41st Ward Regular Democratic Organization, where since 1992 she has filled the title of 41st Ward Committeewoman; and WHEREAS, Mary Staniec's many awards and commendations include the "Woman of the Year Award" in 1975 presented by Lerner Times Newspaper, the "Miss Social Security Award" from the United States Government, and the "Unsung Heroine" Cook County Women's Issues Committee award; she has listings in the "World Who's Who of Women", the "Directory of Distinguished Americans", "Foremost Women of the 20th Century" and "Who's Who of Human Service Professionals"; in addition, in June, 2001, New Hampshire Avenue in Chicago was renamed, "Honorary Mary Staniec Way" in honor of Mrs. Staniec's continual dedication and contribution to the residents of Chicago; and WHEREAS, We are pleased to extend our congratulations to Mary Staniec of Chicago on the occasion of her induction into the Chicago Senior Citizens Hall of Fame, an honor which she richly deserves; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mary Staniec on her induction into the Chicago Senior Citizens Hall of Fame; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mary Staniec as an expression of our esteem. HOUSE RESOLUTION 937 Offered by Representative Kosel: WHEREAS, The Providence Catholic High School of New Lenox had an exceptional year in athletic competition during the 2001-2002 school year, with the football team and the wrestling team each winning Illinois High School Association State championships; and Whereas, The Celtics football team, under the leadership of head coach Matt Seffner, finished the regular season undefeated; and WHEREAS, Providence Catholic High School has won 7 State football championships; and WHEREAS, The Celtic wrestling team, under head coach Keith Healy, was equally successful in achieving an undefeated season and winning the State AA Wrestling championship; and WHEREAS, Providence Catholic High School wrestling teams have won 10 State Championships and 6 championships in a row, which is a new State record; and WHEREAS, The outstanding athletic accomplishments of the Providence Catholic High School football and wrestling teams are a source of great pride to the athletes, coaches, students, parents, alumni, and friends of the school; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Providence Catholic High School of New Lenox for their outstanding tradition in the field of high school athletics; and be it further RESOLVED, That a suitable copy of this resolution be presented to Providence Catholic High School of New Lenox as an expression of our esteem. HOUSE RESOLUTION 938
[May 21, 2002] 22 Offered by Representative McCarthy: WHEREAS, The members of the Illinois House of Representative are pleased to recognize notable achievements in high school sports; and WHEREAS, The Victor J. Andrew High School Girls Varsity Badminton Team from Tinley Park, the Thunderbolts, won their third consecutive title at the 2002 IHSA State Girls Badminton Championship on May 11, 2002 in Winnetka; and WHEREAS, The Thunderbolts met the challenge by defeating Downers Grove North by one-half point (14 to 13 1/2) to claim its third straight State title; and WHEREAS, The State Badminton title is the fifth in school history; the Thunderbolts also won the crown in 1983 and 1994; and WHEREAS, In addition to their State title, the Thunderbolts were also victorious at the Palatine Invitational, the New Trier Featherfest, and the Evanston Invitational; and they won the SICA Conference Championship and the Sectional Championship; and WHEREAS, The members of the Thunderbolts include Marissa Betley, Allison Betley, Tiffany Wright, Kim Buzecky, Natalie Hundt, Carlie VanBruggen, Margo Abbatemarco, Lauren Barracca, Emerald Estacio, Megan Fitzgerald, Jessica George, Melanie Limanowski, Lisa Lutchen, Meghan McAvoy, and Allison Sues; the head coach is Terry TerHaar and the assistant coaches are Mandee Converse, Mark Gruca, and Nancy TerHaar; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Thunderbolts, the Victor J. Andrew High School Girls Varsity Badminton Team from Tinley Park on winning their third consecutive IHSA State Badminton Championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to Terry TerHaar the head coach of the Thunderbolts, assistant coaches, Mandee Converse, Mark Gruca, and Nancy TerHaar and to each member of the Victor J. Andrew High School Girls Varsity Badminton Team as an expression of our esteem. HOUSE RESOLUTION 939 Offered by Representative Hannig: WHEREAS, The citizens of Christian County will celebrate the 100th anniversary of the Christian County Courthouse on October 12 and 13, 2002; and WHEREAS, The boundaries of Christian County were founded in 1839 and established as Dane County, in 1840 it was renamed to Christian County, the first courthouse became famous (and has been restored at the Christian County Historical Society) as Abraham Lincoln devoted nearly half of each year to traveling the Eighth Judicial Circuit to Taylorville in Christian County; and WHEREAS, The second courthouse was built on the site of the current courthouse in 1856 at a cost of $13,526, it was recognized prior to 1900 that a larger courthouse with better vaults was needed, the current Christian County Courthouse was completed on September 20, 1902 at a cost of $100,535.80; and WHEREAS, The Christian County Courthouse is located in the center of the Taylorville downtown square; it is 117 feet long, 90 feet wide, 3 stories tall, and includes a tower with a clock, a bell, and an internal stained glass dome; and WHEREAS, The Christian County Board has approved a "Courthouse Preservation Fund" to renovate the third floor, the first project is the restoration of the dome, and, through contributions from community leaders and other individuals, the elegance of the stained glass dome will be restored and dedicated during the celebration of the 100th Birthday of the courthouse; and WHEREAS, Prior to the celebration, the contents of a time capsule placed within a corner stone of the courthouse will be removed, placed on display, and then reburied with a new time capsule; present and past judges and elected officials (or their descendents) will be recognized during the weekend's activities; and
23 [May 21, 2002] WHEREAS, The courthouse currently houses the Circuit Clerk's Office, the Coroner's Office, the Regional Superintendent of Schools' Office, the County Treasurer's Office, the County Clerk's Office, the Supervisor of Assessment, the County Board Room and Chairman's Office, several offices of Circuit Judges, the State's Attorney's Office, the Public Defender, Probation Offices, and 3 courtrooms; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the people of Christian County on the occasion of the celebration of the 100th Anniversary of their courthouse; and be it further RESOLVED, That a copy of this resolution be presented to Christian County Board Chairman John C. Curtin. HOUSE RESOLUTION 940 Offered by Representative Hannig: WHEREAS, Long before September 11, 2001 and the national surge of patriotism, the members of the Hillsboro Sertoma Club distinguished themselves with a unique program of honoring veterans of American wars; and WHEREAS, Instead of honoring a specific individual with their prestigious "Service to Mankind Award", in 2000 they honored the veterans of World War II and in 2001 they honored the veterans of the Korean War; and; WHEREAS, In 2002, the Hillsboro Sertoma Club recognized veterans of the Vietnam War at the annual "Service to Mankind Award" Dinner on April 5; and WHEREAS, Honored by the Club were Vietnam Veterans from the Air Force, including Raymond McPhail, Diane Mayse, and Harold Parks; veterans from the Army, including, Roger Myers, Bill Baran, LeRoy Hartel, Richard Gifford, John Etcheson, Leroy Brewer, and Jim Blakeman; and veterans from the Marine Corps, including William Hartman, Mike Gaither, and Kevin Eddington; and WHEREAS, Guest speakers for the evening were charter member Dr. Walter "Chick" Bishop and Mike Gaither, both veterans of the Vietnam War; and WHEREAS, The event sparked memories as the veterans recalled their specific duties; they served honorably for their country during a time of crisis, and many paid a high price during battle; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor our Vietnam Veterans for their dedicated and committed service to the United States during the Vietnam War and we also congratulate the Hillsboro Sertoma Club for its unique and exemplary program of honoring veterans; and be it further RESOLVED, That suitable copies of this resolution be presented to Raymond McPhail, Diane Mayse, Harold Parks, Roger Myers, Bill Baran, LeRoy Hartel, Richard Gifford, John Etcheson, Leroy Brewer, Jim Blakeman, William Hartman, Mike Gaither, and Kevin Eddington and to Club president Doug Galer as an expression of our esteem. HOUSE JOINT RESOLUTION 78 Offered by Representatives Leitch, Slone, Sommer, RUtherford, Smith and Brady: WHEREAS, A group of six German Sisters were invited to come to Peoria in 1876 to provide nursing care to the sick and injured; and WHEREAS, The Sisters' dedication to their Mission and to central Illinois led them to establish their own order on July 16, 1877, henceforth calling themselves the Sisters of the Third Order of St. Francis; and WHEREAS, The Sisters' first hospital, today's OSF Saint Francis Medical Center, was also established in 1877; and WHEREAS, The Mission of the Sisters to serve with the greatest care and love led to a commitment to the poor that have never wavered; and WHEREAS, The first hospital established by the Sisters, OSF Saint
[May 21, 2002] 24 Francis Medical Center in Peoria, has been in the forefront of medical innovation, technology, and service for 125 years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we extend our congratulations to the Sisters of the Third Order of St. Francis and to OSF Saint Francis Medical Center on the celebration of 125 years of continuous service to the people of central Illinois; and be it further RESOLVED, That suitable copies of this resolution be presented to the Sisters of the Third Order of Saint Francis and to OSF Saint Francis Medical Center as an expression of our esteem. RESOLUTIONS Having been reported out of the Committee on Rules on May 14, 2002, HOUSE RESOLUTION 902 was taken up for consideration. Representative Madigan moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RECALLS By unanimous consent, on motion of Representative Schoenberg, SENATE BILL 2241 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Brunsvold, SENATE BILL 1976 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON THIRD READING The following 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 Mendoza, SENATE BILL 1975 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; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 2155. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 2155 AMENDMENT NO. 1. Amend Senate Bill 2155 on page 2, below line 19, by inserting the following: "(d) The civil immunity in subsection (c) does not apply if there is willful or wanton misconduct outside the normal use of the off-road riding facility.". Committee Amendments numbered 2 and 3 lost in the Committee on Judiciary I-Civil Law.
25 [May 21, 2002] Representative Bost offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 2155 AMENDMENT NO. 4. Amend Senate Bill 2155 on page 2, by replacing lines 17 through 19 with the following: "(3) The off-road riding facility is operated by a governmental entity or the off-road riding facility was the recipient of grants under the Recreational Trails of Illinois Act.". The motion prevailed and the amendment was adopted and ordered printed. On motion of Representative Currie, Amendment No. 5 was recommitted to the Committee on Rules. There being no further amendments, the foregoing Amendments numbered 1 and 4 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 2017. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 2017 AMENDMENT NO. 1. Amend Senate Bill 2017 by replacing everything after the enacting clause with the following: "Section 1. Short Title. This Act may be cited as the Tobacco Product Manufacturers' Escrow Enforcement Act. Section 5. Definitions. As used in this Act: "Cigarette" means that term as defined in Section 1 of the Cigarette Tax Act or Section 1 of the Cigarette Use Tax Act, as appropriate. "Distributor" has the same meaning as that term is defined in Section 1 of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax Act, or Section 10-5 of the Tobacco Products Tax Act of 1995, as appropriate. "Participating manufacturer" has the same meaning as that term is defined in subdivision (a)(1) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. "Qualified escrow fund" has the same meaning as that term is defined in subdivision (a)(2)(A) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. "Stamps or imprints" means (i) revenue tax stamps or imprints as provided for in Section 3 of the Cigarette Tax Act or (ii) stamps or imprints evidencing the payment of use tax as provided for in Section 3 of the Cigarette Use Tax Act, as appropriate. "Tobacco product manufacturer" has the same meaning as that term is defined in Section 10 of the Tobacco Product Manufacturers' Escrow Act. "Tobacco products" means that term as defined in Section 10-5 of the Tobacco Products Tax Act of 1995. Section 15. Distributor's determination of tobacco product manufacturer compliance. (a) A distributor of cigarettes under the Cigarette Tax Act or the Cigarette Use Tax Act, as appropriate, may not affix or cause to be affixed stamps or imprints to individual packages of cigarettes delivered or caused to be delivered by the distributor in this State if the tobacco product manufacturer of those cigarettes has: (1) failed to become a participating manufacturer, as defined in subdivision (a)(1) of Section 15 of the Tobacco Product
[May 21, 2002] 26 Manufacturers' Escrow Act; or (2) failed to create a qualified escrow fund for any cigarettes manufactured by the tobacco product manufacturer and sold in this State or otherwise failed to bring itself into compliance with subdivision (a)(2) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. (b) The Department of Revenue may revoke, suspend, or cancel the license of a distributor of tobacco products under the Tobacco Products Tax Act of 1995 that are delivered or caused to be delivered by the distributor in this State if the tobacco product manufacturer of those tobacco products has: (1) failed to become a participating manufacturer, as defined in subdivision (a)(1) of Section 15 of the Tobacco Product Manufacturers' Escrow Act; or (2) failed to create a qualified escrow fund for any tobacco products manufactured by the tobacco product manufacturer and sold in this State or otherwise failed to bring itself into compliance with subdivision (a)(2) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. Section 20. Penalties. A distributor who violates this Act is subject to the same penalties as provided in Section 6 of the Cigarette Tax Act, Section 6 of the Cigarette Use Tax Act, or Section 10-25 of the Tobacco Products Tax Act of 1995, as appropriate. Section 25. Rules. The Illinois Attorney General, in consultation with the Illinois Department of Revenue, shall adopt rules as necessary to effectuate compliance with this Act. Section 905. The Cigarette Tax Act is amended by changing Sections 3 and 6 as follows: (35 ILCS 130/3) (from Ch. 120, par. 453.3) Sec. 3. Affixing tax stamp; remitting tax to the Department. Payment of the taxes imposed by Section 2 of this Act shall (except as hereinafter provided) be evidenced by revenue tax stamps affixed to each original package of cigarettes. Each distributor of cigarettes, before delivering or causing to be delivered any original package of cigarettes in this State to a purchaser, shall firmly affix a proper stamp or stamps to each such package, or (in case of manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper) shall imprint the required language on the original package of cigarettes beneath such outside wrapper, as hereinafter provided. No stamp or imprint may be affixed to, or made upon, any package of cigarettes unless that package complies with all requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331 and following, for the placement of labels, warnings, or any other information upon a package of cigarettes that is sold within the United States. Under the authority of Section 6, the Department shall revoke the license of any distributor that is determined to have violated this paragraph. A person may not affix a stamp on a package of cigarettes, cigarette papers, wrappers, or tubes if that individual package has been marked for export outside the United States with a label or notice in compliance with Section 290.185 of Title 27 of the Code of Federal Regulations. It is not a defense to a proceeding for violation of this paragraph that the label or notice has been removed, mutilated, obliterated, or altered in any manner. The Department, or any person authorized by the Department, shall sell such stamps only to persons holding valid licenses as distributors under this Act. The Department may refuse to sell stamps to any person who does not comply with the provisions of this Act. Prior to December 1, 1985, the Department shall allow a distributor 21 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 21 days thereafter: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act,
27 [May 21, 2002] payable to the Department in an amount equal to 80% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $500,000, whichever is less. The Bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of amount of any 21-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. On and after December 1, 1985, the Department shall allow a distributor 30 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 30 days thereafter, and beginning on January 1, 2003 and thereafter, the draft shall be payable by means of electronic funds transfer: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 150% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $750,000, whichever is less, except that as to bonds filed on or after January 1, 1987, such additional bond shall be in an amount equal to 100% of such distributor's average monthly tax liability under this Act during the preceding calendar year or $750,000, whichever is less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 30-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. Every prior continuous compliance taxpayer shall be exempt from all requirements under this Section concerning the furnishing of such bond, as defined in this Section, as a condition precedent to his being authorized to engage in the business licensed under this Act. This exemption shall continue for each such taxpayer until such time as he may be determined by the Department to be delinquent in the filing of any returns, or is determined by the Department (either through the Department's issuance of a final assessment which has become final under the Act, or by the taxpayer's filing of a return which admits tax to be due that is not paid) to be delinquent or deficient in the paying of any tax under this Act, at which time that taxpayer shall become subject to the bond requirements of this Section and, as a condition of being allowed to continue to engage in the business licensed under this Act, shall be required to furnish bond to the Department in such form as provided in this Section. Such taxpayer shall furnish such bond for a period of 2 years, after which, if the taxpayer has not been delinquent in the filing of any returns, or delinquent or deficient in the paying of any tax under this Act, the Department may reinstate such person as a prior continuance compliance taxpayer. Any taxpayer who fails to pay an admitted or established liability under this Act may also be required to post bond or other acceptable security with the Department guaranteeing the payment of such admitted or established liability. Any person aggrieved by any decision of the Department under this Section may, within the time allowed by law, protest and request a hearing, whereupon the Department shall give notice and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to such person. In the
[May 21, 2002] 28 absence of such a protest filed within the time allowed by law, the Department's decision shall become final without any further determination being made or notice given. The Department shall discharge any surety and shall release and return any bond or security deposited, assigned, pledged, or otherwise provided to it by a taxpayer under this Section within 30 days after: (1) Such taxpayer becomes a prior continuous compliance taxpayer; or (2) Such taxpayer has ceased to collect receipts on which he is required to remit tax to the Department, has filed a final tax return, and has paid to the Department an amount sufficient to discharge his remaining tax liability as determined by the Department under this Act. The Department shall make a final determination of the taxpayer's outstanding tax liability as expeditiously as possible after his final tax return has been filed. If the Department cannot make such final determination within 45 days after receiving the final tax return, within such period it shall so notify the taxpayer, stating its reasons therefor. The Department may authorize distributors to affix revenue tax stamps by imprinting tax meter stamps upon original packages of cigarettes. The Department shall adopt rules and regulations relating to the imprinting of such tax meter stamps as will result in payment of the proper taxes as herein imposed. No distributor may affix revenue tax stamps to original packages of cigarettes by imprinting tax meter stamps thereon unless such distributor has first obtained permission from the Department to employ this method of affixation. The Department shall regulate the use of tax meters and may, to assure the proper collection of the taxes imposed by this Act, revoke or suspend the privilege, theretofore granted by the Department to any distributor, to imprint tax meter stamps upon original packages of cigarettes. Illinois cigarette manufacturers who place their cigarettes in original packages which are contained inside a sealed transparent wrapper, and similar out-of-State cigarette manufacturers who elect to qualify and are accepted by the Department as distributors under Section 4b of this Act, shall pay the taxes imposed by this Act by remitting the amount thereof to the Department by the 5th day of each month covering cigarettes shipped or otherwise delivered in Illinois to purchasers during the preceding calendar month. Such manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper, before delivering such cigarettes or causing such cigarettes to be delivered in this State to purchasers, shall evidence their obligation to remit the taxes due with respect to such cigarettes by imprinting language to be prescribed by the Department on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, in such place thereon and in such manner as the Department may designate. Such imprinted language shall acknowledge the manufacturer's payment of or liability for the tax imposed by this Act with respect to the distribution of such cigarettes. A distributor shall not affix, or cause to be affixed, any stamp or imprint to a package of cigarettes, as provided for in this Section, if the tobacco product manufacturer, as defined in Section 10 of the Tobacco Product Manufacturers' Escrow Act, that made or sold the cigarettes has failed to become a participating manufacturer, as defined in subdivision (a)(1) of Section 15 of the Tobacco Product Manufacturers' Escrow Act, or has failed to create a qualified escrow fund for any cigarettes manufactured by the tobacco product manufacturer and sold in this State or otherwise failed to bring itself into compliance with subdivision (a)(2) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.) (35 ILCS 130/6) (from Ch. 120, par. 453.6) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for noncompliance with any
29 [May 21, 2002] provision herein contained, or for any noncompliance with any lawful rule or regulation promulgated by the Department under Section 8 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, cancelled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided. The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act. Any distributor aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor requesting the hearing that contains a statement of the charges preferred against the distributor and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. No license so revoked, as aforesaid, shall be reissued to any such distributor within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act. The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with any of the provisions of this Act from acting as a distributor of cigarettes in this State. (Source: P.A. 91-901, eff. 1-1-01.) Section 910. The Cigarette Use Tax Act is amended by changing Sections 3 and 6 as follows: (35 ILCS 135/3) (from Ch. 120, par. 453.33) Sec. 3. Stamp payment. The tax hereby imposed shall be collected by a distributor maintaining a place of business in this State or a distributor authorized by the Department pursuant to Section 7 hereof to collect the tax, and the amount of the tax shall be added to the price of the cigarettes sold by such distributor. Collection of the tax shall be evidenced by a stamp or stamps affixed to each original package of cigarettes or by an authorized substitute for such stamp imprinted on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, except as hereinafter provided. Each distributor who is required or authorized to collect the tax herein imposed, before delivering or causing to be delivered any original packages of cigarettes in this State to any purchaser, shall firmly affix a proper stamp or stamps to each such package, or (in the case of manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper) shall imprint the required language on the original package of cigarettes beneath such outside wrapper as hereinafter provided. Such stamp or stamps need not be affixed to the original package of any cigarettes with respect to which the distributor is required to affix a like stamp or stamps by virtue of the Cigarette Tax Act, however, and no tax imprint need be placed underneath the sealed transparent wrapper of an original package of cigarettes with respect to which the distributor is required or authorized to employ a like tax imprint by virtue of the Cigarette Tax Act. No stamp or imprint may be affixed to, or made upon, any package of cigarettes unless that package complies with all requirements of the
[May 21, 2002] 30 federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331 and following, for the placement of labels, warnings, or any other information upon a package of cigarettes that is sold within the United States. Under the authority of Section 6, the Department shall revoke the license of any distributor that is determined to have violated this paragraph. A person may not affix a stamp on a package of cigarettes, cigarette papers, wrappers, or tubes if that individual package has been marked for export outside the United States with a label or notice in compliance with Section 290.185 of Title 27 of the Code of Federal Regulations. It is not a defense to a proceeding for violation of this paragraph that the label or notice has been removed, mutilated, obliterated, or altered in any manner. Stamps, when required hereunder, shall be purchased from the Department, or any person authorized by the Department, by distributors. The Department may refuse to sell stamps to any person who does not comply with the provisions of this Act. Prior to December 1, 1985, the Department shall allow a distributor 21 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 21 days thereafter: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 80% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $500,000, whichever is less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 21-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. On and after December 1, 1985, the Department shall allow a distributor 30 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 30 days thereafter, and beginning on January 1, 2003 and thereafter, the draft shall be payable by means of electronic funds transfer: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 150% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $750,000, whichever is less, except that as to bonds filed on or after January 1, 1987, such additional bond shall be in an amount equal to 100% of such distributor's average monthly tax liability under this Act during the preceding calendar year or $750,000, whichever is less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 30-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. Every prior continuous compliance taxpayer shall be exempt from all requirements under this Section concerning the furnishing of such bond, as defined in this Section, as a condition precedent to his being authorized to engage in the business licensed under this Act. This
31 [May 21, 2002] exemption shall continue for each such taxpayer until such time as he may be determined by the Department to be delinquent in the filing of any returns, or is determined by the Department (either through the Department's issuance of a final assessment which has become final under the Act, or by the taxpayer's filing of a return which admits tax to be due that is not paid) to be delinquent or deficient in the paying of any tax under this Act, at which time that taxpayer shall become subject to the bond requirements of this Section and, as a condition of being allowed to continue to engage in the business licensed under this Act, shall be required to furnish bond to the Department in such form as provided in this Section. Such taxpayer shall furnish such bond for a period of 2 years, after which, if the taxpayer has not been delinquent in the filing of any returns, or delinquent or deficient in the paying of any tax under this Act, the Department may reinstate such person as a prior continuance compliance taxpayer. Any taxpayer who fails to pay an admitted or established liability under this Act may also be required to post bond or other acceptable security with the Department guaranteeing the payment of such admitted or established liability. Any person aggrieved by any decision of the Department under this Section may, within the time allowed by law, protest and request a hearing, whereupon the Department shall give notice and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to such person. In the absence of such a protest filed within the time allowed by law, the Department's decision shall become final without any further determination being made or notice given. The Department shall discharge any surety and shall release and return any bond or security deposited, assigned, pledged, or otherwise provided to it by a taxpayer under this Section within 30 days after: (1) such Taxpayer becomes a prior continuous compliance taxpayer; or (2) such taxpayer has ceased to collect receipts on which he is required to remit tax to the Department, has filed a final tax return, and has paid to the Department an amount sufficient to discharge his remaining tax liability as determined by the Department under this Act. The Department shall make a final determination of the taxpayer's outstanding tax liability as expeditiously as possible after his final tax return has been filed. If the Department cannot make such final determination within 45 days after receiving the final tax return, within such period it shall so notify the taxpayer, stating its reasons therefor. At the time of purchasing such stamps from the Department when purchase is required by this Act, or at the time when the tax which he has collected is remitted by a distributor to the Department without the purchase of stamps from the Department when that method of remitting the tax that has been collected is required or authorized by this Act, the distributor shall be allowed a discount during any year commencing July 1 and ending the following June 30 in accordance with the schedule set out hereinbelow, from the amount to be paid by him to the Department for such stamps, or to be paid by him to the Department on the basis of monthly remittances (as the case may be), to cover the cost, to such distributor, of collecting the tax herein imposed by affixing such stamps to the original packages of cigarettes sold by such distributor or by placing tax imprints underneath the sealed transparent wrapper of original packages of cigarettes sold by such distributor (as the case may be): (1) Prior to December 1, 1985, a discount equal to 1-2/3% of the amount of the tax up to and including the first $700,000 paid hereunder by such distributor to the Department during any such year; 1-1/3% of the next $700,000 of tax or any part thereof, paid hereunder by such distributor to the Department during any such year; 1% of the next $700,000 of tax, or any part thereof, paid hereunder by such distributor to the Department during any such year; and 2/3 of 1% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year or (2) On
[May 21, 2002] 32 and after December 1, 1985, a discount equal to 1.75% of the amount of the tax payable under this Act up to and including the first $3,000,000 paid hereunder by such distributor to the Department during any such year and 1.5% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year. Two or more distributors that use a common means of affixing revenue tax stamps or that are owned or controlled by the same interests shall be treated as a single distributor for the purpose of computing the discount. Cigarette manufacturers who are distributors under this Act, and who place their cigarettes in original packages which are contained inside a sealed transparent wrapper, shall be required to remit the tax which they are required to collect under this Act to the Department by remitting the amount thereof to the Department by the 5th day of each month, covering cigarettes shipped or otherwise delivered to points in Illinois to purchasers during the preceding calendar month, but a distributor need not remit to the Department the tax so collected by him from purchasers under this Act to the extent to which such distributor is required to remit the tax imposed by the Cigarette Tax Act to the Department with respect to the same cigarettes. All taxes upon cigarettes under this Act are a direct tax upon the retail consumer and shall conclusively be presumed to be precollected for the purpose of convenience and facility only. Distributors who are manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper, before delivering such cigarettes or causing such cigarettes to be delivered in this State to purchasers, shall evidence their obligation to collect and remit the tax due with respect to such cigarettes by imprinting language to be prescribed by the Department on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, in such place thereon and in such manner as the Department may prescribe; provided (as stated hereinbefore) that this requirement does not apply when such distributor is required or authorized by the Cigarette Tax Act to place the tax imprint provided for in the last paragraph of Section 3 of that Act underneath the sealed transparent wrapper of such original package of cigarettes. Such imprinted language shall acknowledge the manufacturer's collection and payment of or liability for the tax imposed by this Act with respect to such cigarettes. The Department shall adopt the design or designs of the tax stamps and shall procure the printing of such stamps in such amounts and denominations as it deems necessary to provide for the affixation of the proper amount of tax stamps to each original package of cigarettes. Where tax stamps are required, the Department may authorize distributors to affix revenue tax stamps by imprinting tax meter stamps upon original packages of cigarettes. The Department shall adopt rules and regulations relating to the imprinting of such tax meter stamps as will result in payment of the proper taxes as herein imposed. No distributor may affix revenue tax stamps to original packages of cigarettes by imprinting meter stamps thereon unless such distributor has first obtained permission from the Department to employ this method of affixation. The Department shall regulate the use of tax meters and may, to assure the proper collection of the taxes imposed by this Act, revoke or suspend the privilege, theretofore granted by the Department to any distributor, to imprint tax meter stamps upon original packages of cigarettes. The tax hereby imposed and not paid pursuant to this Section shall be paid to the Department directly by any person using such cigarettes within this State, pursuant to Section 12 hereof. A distributor shall not affix, or cause to be affixed, any stamp or imprint to a package of cigarettes, as provided for in this Section, if the tobacco product manufacturer, as defined in Section 10 of the Tobacco Product Manufacturers' Escrow Act, that made or sold the cigarettes has failed to become a participating manufacturer, as defined in subdivision (a)(1) of Section 15 of the Tobacco Product Manufacturers' Escrow Act, or has failed to create a qualified escrow fund for any cigarettes manufactured by the tobacco product
33 [May 21, 2002] manufacturer and sold in this State or otherwise failed to bring itself into compliance with subdivision (a)(2) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.) (35 ILCS 135/6) (from Ch. 120, par. 453.36) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for non-compliance with any provision herein contained, or for any non-compliance with any lawful rule or regulation promulgated by the Department under Section 21 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, canceled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided. The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act. Any distributor aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor requesting the hearing that contains a statement of the charges preferred against the distributor and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. No license so revoked, shall be reissued to any such distributor within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act. The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with this Act from acting as a distributor of cigarettes in this State. (Source: P.A. 91-901, eff. 1-1-01.) Section 915. The Tobacco Products Tax Act of 1995 is amended by changing Sections 10-20 and 10-25 as follows: (35 ILCS 143/10-20) Sec. 10-20. Licenses. It shall be unlawful for any person to engage in business as a distributor of tobacco products within the meaning of this Act without first having obtained a license to do so from the Department. Application for that license shall be made to the Department in a form prescribed and furnished by the Department. Each applicant for a license shall furnish to the Department on a form, signed and verified by the applicant, the following information: (1) The name of the applicant. (2) The address of the location at which the applicant proposes to engage in business as a distributor of tobacco products. (3) Other information the Department may reasonably require. Except as otherwise provided in this Section, every applicant who is required to procure a distributor's license shall file with his or her application a joint and several bond. The bond shall be executed to the Department of Revenue, with good and sufficient surety or sureties residing or licensed to do business within the State of Illinois, conditioned upon the true and faithful compliance by the
[May 21, 2002] 34 licensee with all of the provisions of this Act. The Department shall fix the amount of the bond for each applicant, taking into consideration the amount of money expected to become due from the applicant under this Act. The amount of bond required by the Department shall be an amount that, in its opinion, will protect the State of Illinois against failure to pay the amount that may become due from the applicant under this Act, but the amount of the security required by the Department shall not exceed 3 times the amount of the applicant's average monthly tax liability, or $50,000, whichever amount is lower. The bond, a reissue, or a substitute shall be kept in full force and effect during the entire period covered by the license. A separate application for license shall be made, and bond filed, for each place of business at which a person who is required to procure a distributor's license proposes to engage in business as a distributor under this Act. The Department, upon receipt of an application and bond in proper form, shall issue to the applicant a license, in a form prescribed by the Department, which shall permit the applicant to whom it is issued to engage in business as a distributor at the place shown on his or her application. The license shall be issued by the Department without charge or cost to the applicant. No license issued under this Act is transferable or assignable. The license shall be conspicuously displayed in the place of business conducted by the licensee under the license. The bonding requirement in this Section does not apply to an applicant for a distributor's license who is already bonded under the Cigarette Tax Act or the Cigarette Use Tax Act. Licenses issued by the Department under this Act shall be valid for a period not to exceed one year after issuance unless sooner revoked, canceled, or suspended as provided in this Act. No license shall be issued to any person who is in default to the State of Illinois for moneys due under this Act or any other tax Act administered by the Department. The Department may, in its discretion, upon application, authorize the payment of the tax imposed under Section 10-10 by any distributor or manufacturer not otherwise subject to the tax imposed under this Act who, to the satisfaction of the Department, furnishes adequate security to ensure payment of the tax. The distributor or manufacturer shall be issued, without charge, a license to remit the tax. When so authorized, it shall be the duty of the distributor or manufacturer to remit the tax imposed upon the wholesale price of tobacco products sold or otherwise disposed of to retailers or consumers located in this State, in the same manner and subject to the same requirements as any other distributor or manufacturer licensed under this Act. The Department may revoke, suspend, or cancel the license of a distributor of tobacco products under this Act if the tobacco product manufacturer, as defined in Section 10 of the Tobacco Product Manufacturers' Escrow Act, that made or sold the tobacco products has failed to become a participating manufacturer, as defined in subdivision (a)(1) of Section 15 of the Tobacco Product Manufacturers' Escrow Act, or has failed to create a qualified escrow fund for any tobacco products manufactured by the tobacco product manufacturer and sold in this State or otherwise failed to bring itself into compliance with subdivision (a)(2) of Section 15 of the Tobacco Product Manufacturers' Escrow Act. Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of that decision, protest and request a hearing, whereupon the Department must give notice to that person of the time and place fixed for the hearing and must hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of such a protest within 20 days, the Department's decision becomes final without any further determination being made or notice given. (Source: P.A. 92-231, eff. 8-2-01.) (35 ILCS 143/10-25)
35 [May 21, 2002] Sec. 10-25. License actions. The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor who violates any of the provisions of this Act. The notice shall specify the alleged violation or violations upon which the revocation, cancellation, or suspension proceeding is based. The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act. The Department may, by application to any circuit court, obtain an injunction restraining any person who engages in business as a distributor of tobacco products without a license (either because his or her license has been revoked, canceled, or suspended or because of a failure to obtain a license in the first instance) from engaging in that business until that person, as if that person were a new applicant for a license, complies with all of the conditions, restrictions, and requirements of Section 10-20 of this Act and qualifies for and obtains a license. Refusal or neglect to obey the order of the court may result in punishment for contempt. (Source: P.A. 89-21, eff. 6-6-95.) Section 999. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO SENATE BILL 2017 AMENDMENT NO. 2. Amend Senate Bill 2017, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows: on page 1, by replacing lines 7 through 9 with the following: ""Cigarette" means that term as defined in Section 10 of the Tobacco Product Manufacturers' Escrow Act, which includes roll-your-own tobacco."; and on page 2, by deleting lines 6 and 7; and on page 2, line 26, by replacing "tobacco products" with "roll-your-own tobacco"; and on page 2, line 27, by replacing "are" with "is"; and on page 2, line 29, by replacing "those tobacco products" with "the roll-your-own tobacco"; and on page 3, line 2, by replacing "tobacco products" with "roll-your-own tobacco"; and on page 22, line 16, by replacing "tobacco products" with "roll-your-own tobacco (as that term is used in Section 10 of the Tobacco Product Manufacturers' Escrow Act)"; and on page 22, line 19, by replacing "tobacco products" with "roll-your-own tobacco"; and on page 22, lines 22 and 23, by replacing "tobacco products" with "roll-your-own tobacco". There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 1033, having been printed, were taken up for consideration. Representative Tenhouse moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 110, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 3) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 1033. Ordered that the Clerk inform the Senate.
[May 21, 2002] 36 Senate Amendments numbered 1 and 2 to HOUSE BILL 5610, having been printed, were taken up for consideration. Representative Burke moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 98, Yeas; 12, Nays; 0, Answering Present. (ROLL CALL 4) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 5610. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 5965, having been printed, were taken up for consideration. Representative Jerry Mitchell moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. MOTIONS SUBMITTED Representative Currie asked and obtained unanimous consent to suspend the posting requirements on HOUSE RESOLUTIONS 884, 889, 892, 914 and 910 to be heard in Committee. Having been reported out of the Committee on Rules on May 14, 2002, HOUSE RESOLUTION 771 was taken up for consideration. Representative Howard offered the following Amendment and moved its adoptions: AMENDMENT NO. 1 TO HOUSE RESOLUTION 771 AMENDMENT NO. 1. Amend House Resolution 771 on page 2, line 4 by changing "two" to "four"; and on page 2, by replacing line 23 with the following: "presented to Scott Burnside, Senior Vice President of Regulatory and Government Affairs at RCN.". The motion prevailed and the amendment was adopted and ordered printed. Representative Howard moved the adoption of the resolution, as amended. The motion prevailed and the Resolution was adopted, as amended. RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resoultions. HOUSE RESOLUTION 924 Offered by Representative Mulligan: WHEREAS, Expansion and improvement of the Northeastern Illinois region's aviation capacity has been the subject of debate for over 25 years; and WHEREAS, On December 5, 2001, Mayor Richard M. Daley and Governor George Ryan reached an agreement that will provide for, among other items, the expansion of O'Hare International Airport; and WHEREAS, O'Hare was sited and built at a time when concerns over environment and public health were far less than they are today; and WHEREAS, The existing airport has virtually no environmental buffer between the airport and the densely populated communities surrounding O'Hare; and WHEREAS, A study that was conducted in August 2000, The Preliminary Study and Analysis of Toxic Air Pollution Emissions From O'Hare
37 [May 21, 2002] International Airport and the Resultant Health Risk Caused By Those Emissions in Surrounding Residential Communities, found that current operations at O'Hare created levels of toxic air pollution in excess of federal cancer risk guidelines in 98 downwind communities; and WHEREAS, The same study concluded that the levels of toxic air pollution would only increase if O'Hare was expanded; and WHEREAS, Experts have said the mandated runway plan is unsafe and also express concerns about communication and airspace overload; and WHEREAS, Constructing new runways at O'Hare will have significantly harmful impacts on communities, including neighborhoods, schools, businesses and homes, because of the airport and aircraft's extraordinary amounts and types of noise, water, ground and toxic air pollution, property takings, tax base losses and other quality of life issues; and WHEREAS, S.2039, the National Aviation Capacity Expansion Act, which has been introduced in the United States Senate, will codify the O'Hare Expansion plan agreed to by Mayor Richard M. Daley and Governor George Ryan and will prevent any future Illinois Governor from altering or halting this expansion plan; and WHEREAS, The passage of the National Aviation Capacity Expansion Act would be a serious erosion of states rights and will set a new precedent in the relationship between states and the federal government; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the members of the United States Congress to vote against S. 2039, the National Aviation Capacity Expansion Act; and be it further RESOLVED, That suitable copies of this resolution be presented to each member of the Illinois congressional delegation. HOUSE RESOLUTION 925 Offered by Representative Dart: WHEREAS, The State of Illinois has an unemployment rate of 6.1%; and WHEREAS, The State of Illinois continues to see decline in the industries of Manufacturing, Services, Transportation-Public Utilities, and Trade; and WHEREAS, More than $1 billion in unemployment benefits have been distributed so far this year; and WHEREAS, Johnson County has an unemployment rate of 6.5%; and WHEREAS, Johnson County participates in both the Illinois Workforce Advantage program and the Mississippi Delta Authority program; and WHEREAS, The closure of the Vienna Correctional facility will cause additional unemployment and poverty; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct an immediate economic impact study of any State-operated facility that is proposed to be closed that lies within an Illinois Enterprise Zone, federal empowerment zone, or federal enterprise community; this impact study should forecast the effect the proposed closing will have on the surrounding community; and be it further RESOLVED, That the economic impact study shall include, but not be limited to the following determinations: (1) Pervasive poverty: Factors indicating this are the levels of public assistance, the numbers of persons or families living at or below poverty, and other indicators of poverty deemed relevant by the Auditor General; (2) Unemployment: Factors indicating this are the number of persons unemployed or underemployed (persons with only a seasonal or part-time job), any increase in the unemployment rate, and other indicators or employment level deemed relevant by the Auditor General; (3) General Distress: Factors indicating this are a decline in per capita income, a decline in earnings per worker, or a decline in per capital property tax base; and be it further
[May 21, 2002] 38 RESOLVED, That the State-operated facility shall remain open during the duration of the study; and be it further RESOLVED, That the Auditor General shall submit a report of his findings to the Governor, the Speaker and Minority Leader of the House, and the President and Minority Leader of the Senate for their review and comment. HOUSE RESOLUTION 927 Offered by Representative Mendoza: WHEREAS, Motor vehicle travel is the primary means of transportation in the United States, providing an unprecedented degree of mobility; yet for all its advantages, deaths and injuries resulting from motor vehicle crashes are the leading cause of death for persons of every age from 4 to 33 (based on 1998 data); and WHEREAS, In 2000, nationally, 41,821 people were killed in the estimated 6,394,000 police-reported motor vehicle crashes, 3,189,000 people were injured; and WHEREAS, 1,396 people lost their lives in traffic crashes on Illinois roadways in 2001; and WHEREAS, A 10 percent seat belt use gain will save approximately 84 additional lives, prevent an additional 2,620 injuries, and save another $201 million; and WHEREAS, The Illinois safety belt usage rate of 71.4% remains below the national average and IDOT has set a goal of 78% for 2003; and WHEREAS, The House of Representatives is furthermore committed to enhancing the quality of life and safety of the millions of people who live, work and play in the State of Illinois; and WHEREAS, The House of Representatives acknowledges the fact that wearing safety belts and using child safety seats is the easiest and most effective means of reducing fatalities and serious injuries when crashes occur; one of the best defenses against drunk or drugged drivers is the use of safety belts combined with air bags; and WHEREAS, It is the responsibility of the State of Illinois to inform its citizens of issues which would enhance their safety and the safety of their children; and WHEREAS, Encouraging motorists to buckle up is the single most effective measure that the State of Illinois can do to save lives and injuries and prevent needless injuries in our communities; and WHEREAS, Aggressive and highly visible enforcement of safety belt laws coupled with strong public education and awareness has proven to be effective in raising safety belt compliance and ultimately saving lives; and WHEREAS, The House of Representatives is committed to improving the effectiveness of law enforcement throughout the State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we support the region-wide "Click It or Ticket" Memorial Day enforcement wave from May 20 to June 2, 2002, and encourage all Illinois law enforcement agencies to adopt an aggressive stance making safety belt and child safety seat enforcement and awareness a priority. HOUSE RESOLUTION 928 Offered by Representative Watson: WHEREAS, The men and women of the U.S. Armed Forces serve our great nation and protect our country and freedoms every day; and WHEREAS, We support our men and women in uniform who are risking their lives to preserve our freedom and way of life; and WHEREAS, May is National Military Appreciation Month and the month in which Americans celebrate Memorial Day; and WHEREAS, Now is the time to thank America's heroes for their sacrifice; and WHEREAS, McDonald's National Salute to the U.S. Military pays tribute to the brave men and women who dedicate their lives to serving our country; and
39 [May 21, 2002] WHEREAS, McDonald's has a long, rich history of broad-based support of social responsibility and commitment to give back to the communities in which it serves; and WHEREAS, McDonald's will join others to pay tribute to those men and women through a nationally televised special called, "Rockin' for the USA: A National Salute to the U.S. Military", which will air Memorial Day weekend on CBS (Saturday, May 25, at 9 p.m. EST); and WHEREAS, McDonald's will host community rallies at restaurants throughout the country to salute and celebrate local heroes who serve in the U.S. Military; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby join with the rest of the nation in recognizing National Military Appreciation Month and our men and women in uniform here at home and around the world, and we urge the Illinois cities to do likewise; and be it further RESOLVED, That we commend McDonald's for their long-standing commitment to serving those who serve in the U.S. Armed Forces; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Adjutant General, the United States Secretary of Defense, and the McDonald's Corporation. HOUSE RESOLUTION 929 Offered by Representative Soto: WHEREAS, House Resolution 69, adopted on March 28, 2001, created the House Task Force on Hispanic Teen Pregnancy to study the rate of pregnancy among Hispanic teenage girls; and WHEREAS, House Resolution 69 provided that the Task Force was to submit a report of its findings and recommendations to the House of Representatives by September 1, 2001; and WHEREAS, The Task Force has not been able to complete its study and submit its report; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the House Task Force on Hispanic Teen Pregnancy shall complete its study of the rate of pregnancy among Hispanic teenage girls and shall submit a report of its findings and recommendations, including recommendations for legislation, to the House of Representatives no later than December 1, 2002. HOUSE RESOLUTION 933 Offered by Representative Soto: WHEREAS, In the wake of the collapse of Enron Corporation and its affiliated 401(k) retirement savings plans, members of Illinois pension funds are concerned about the fiscal health of their pension funds and about whether those funds are being adequately protected; and WHEREAS, The protection of Illinois pension funds is in the best interest of Illinois citizens; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the Pension Rights Committee consisting of 13 members appointed as follows: one member of the House of Representatives appointed by the Speaker of the House of Representatives, one member of the House of Representatives appointed by the Minority Leader of the House of Representatives, one member of the Senate appointed by the President of the Senate, one member of the Senate appointed by the Minority Leader of the Senate, one person designated by the American Association of Retired Persons, one person designated by the State Employees' Retirement System of Illinois, one person chosen by the Governor from the employer community, one person chosen by the Governor from the investment banker community, one person chosen by the Governor who is a member of a police union, one person chosen by the Governor who is a firefighter or emergency medical technician, one person chosen by the
[May 21, 2002] 40 Governor who is a member of a teachers' union, and one person chosen by the Governor who is a school superintendent, all of whom shall serve without compensation but shall be reimbursed for their reasonable expenses from funds appropriated for that purpose; and be it further RESOLVED, That the Committee hold public hearings throughout the State and study the issue of protecting Illinois employee pensions and retirement savings plans, including 401(k) preservation plans; the Committee shall examine, among any other issues it chooses to investigate with respect to the protection of Illinois employee pensions and retirement savings plans, the following issues: (1) the best way to ensure that Illinois pension funds are managed in a manner that is consistent with fiduciary responsibility, (2) whether any State pension funds are currently being managed in such a manner that the employees and their families who depend on the pensions cannot rely on the fiscal health of the pension funds during their retirement years, (3) the best way for investors in 401(k) plans and other self-financed retirement savings plans to protect their assets, (4) the expected rate of return for equity investments in future years and whether, if the stock market boom of 1998 through 2000 cannot be expected to continue, Illinois citizens should change their saving habits, (5) the special challenges facing police and fire departments and their employees in maximizing their pension returns, (6) the special challenges facing school districts and teachers in maximizing their pension returns, and (7) the special challenges facing the State and State employees in maximizing their pension returns; and be it further RESOLVED, That the Pension Rights Committee shall report its findings to the General Assembly on or before December 31, 2002 and that the Pension Rights Committee be dissolved upon delivery of its report to the General Assembly. HOUSE RESOLUTION 936 Offered by Representative O'Connor: WHEREAS, In the wake of the collapse of Enron Corporation and its affiliated 401(k) retirement savings plans, members of Illinois pension funds are concerned about the fiscal health of their pension funds and about whether those funds are being adequately protected; and WHEREAS, The protection of Illinois pension funds is in the best interest of Illinois citizens; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the Pension Rights Committee consisting of 13 members appointed as follows: one member of the House of Representatives appointed by the Speaker of the House of Representatives, one member of the House of Representatives appointed by the Minority Leader of the House of Representatives, one member of the Senate appointed by the President of the Senate, one member of the Senate appointed by the Minority Leader of the Senate, one person designated by the American Association of Retired Persons, one person designated by the State Employees' Retirement System of Illinois, one person chosen by the Governor from the employer community, one person chosen by the Governor from the ranks of organized labor, one person chosen by the Governor from the investment banker community, one person chosen by the Governor who is a member of a police union, one person chosen by the Governor who is a firefighter or emergency medical technician, one person chosen by the Governor who is a member of a teachers' union, and one person chosen by the Governor who is a school superintendent, all of whom shall serve without compensation but shall be reimbursed for their reasonable expenses from funds appropriated for that purpose; and be it further RESOLVED, That the Committee hold public hearings throughout the State and study the issue of protecting Illinois employee pensions and retirement savings plans, including 401(k) preservation plans; the Committee shall examine, among any other issues it chooses to investigate with respect to the protection of Illinois employee pensions and retirement savings plans, the following issues: (1) the best way to ensure that Illinois pension funds are managed in a manner
41 [May 21, 2002] that is consistent with fiduciary responsibility, (2) whether any State pension funds are currently being managed in such a manner that the employees and their families who depend on the pensions cannot rely on the fiscal health of the pension funds during their retirement years, (3) the best way for investors in 401(k) plans and other self-financed retirement savings plans to protect their assets, (4) the expected rate of return for equity investments in future years and whether, if the stock market boom of 1998 through 2000 cannot be expected to continue, Illinois citizens should change their saving habits, (5) the special challenges facing police and fire departments and their employees in maximizing their pension returns, (6) the special challenges facing school districts and teachers in maximizing their pension returns, and (7) the special challenges facing the State and State employees in maximizing their pension returns; and be it further RESOLVED, That the Pension Rights Committee shall report its findings to the General Assembly on or before December 31, 2002 and that the Pension Rights Committee be dissolved upon delivery of its report to the General Assembly. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and held on the order of Second Reading: SENATE BILLS 1542, 1573, 1577, 1609, 1635, 1641, 1650, 1689, 1697, 1701, 1710, 1721, 1732, 1760, 1809, 1814, 1839, 1849, 1927, 1949, 1983, 2018, 2023, 2030, 2069, 2098, 2188, 2189, 2201, 2205, 2210, 2212, 2214, 2216, 2225, 2226, 2232 and 2312. At the hour of 3:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, May 22, 2002, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
[May 21, 2002] 42 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 21, 2002 0 YEAS 0 NAYS 112 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 E 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 A CAPPARELLI P HOFFMAN P MILLER P 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 E MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY A 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 E DURKIN P LANG E - Denotes Excused Absence
43 [May 21, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1975 DAY LABOR-REGISTRATION-CHECK THIRD READING PASSED MAY 21, 2002 111 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 E 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 A CAPPARELLI Y HOFFMAN Y MILLER Y 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 E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A 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 A MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
[May 21, 2002] 44 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1033 GULF WAR MEMORIAL MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 21, 2002 110 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 E 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 P SOTO A CAPPARELLI Y HOFFMAN Y MILLER Y 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 E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A 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 A MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
45 [May 21, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 5610 VEH CD-ELECTRIC MOBILITY DEVIC MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 21, 2002 98 YEAS 12 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN N 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 E 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 N SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO A CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK N 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 N WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS N CURRIE Y JONES,LOU Y MYERS N WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS A KENNER E O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE N OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence