STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
146TH LEGISLATIVE DAY
THURSDAY, NOVEMBER 21, 2002
10:00 O'CLOCK A.M.
NO. 146
[November 21, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 146th Legislative Day Action Page(s) Adjournment........................................ 36 Change of Sponsorship.............................. 5 Committee on Rules Referrals....................... 4 Introduction and First Reading - HB6320-6320....... 6 Quorum Roll Call................................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0522 Senate Message - Passage w/ SA..................... 33 HB 0800 Motion Submitted................................... 4 HB 0800 Senate Message - Passage w/ SA..................... 17 HB 1264 Motion Submitted................................... 5 HB 1264 Senate Message - Passage w/ SA..................... 19 HB 1268 Senate Message - Passage w/ SA..................... 20 HB 1445 Motion Submitted................................... 4 HB 1445 Senate Message - Passage w/ SA..................... 23 HB 2098 Senate Message - Passage w/ SA..................... 24 HB 2787 Third Reading...................................... 34 HB 3797 Senate Message - Passage w/ SA..................... 26 HB 4736 Third Reading...................................... 35 HB 4938 Amendatory Veto.................................... 33 HJR 0086 Adoption........................................... 34 HR 1007 Adoption........................................... 34 HR 1008 Adoption........................................... 34 HR 1009 Adoption........................................... 34 HR 1010 Adoption........................................... 34 HR 1011 Adoption........................................... 34 HR 1012 Adoption........................................... 34 HR 1014 Adoption........................................... 34 HR 1015 Adoption........................................... 34 HR 1016 Adoption........................................... 34 HR 1017 Adoption........................................... 34 HR 1018 Adoption........................................... 34 HR 1019 Adoption........................................... 34 HR 1020 Adoption........................................... 34 HR 1021 Adoption........................................... 34 HR 1022 Adoption........................................... 34 HR 1023 Adoption........................................... 34 HR 1024 Adoption........................................... 34 HR 1025 Adoption........................................... 34 HR 1026 Adoption........................................... 34 HR 1027 Adoption........................................... 34 HR 1028 Adoption........................................... 34 HR 1029 Adoption........................................... 34 HR 1030 Adoption........................................... 34 HR 1031 Adoption........................................... 34 HR 1032 Adoption........................................... 34 HR 1033 Adoption........................................... 34 HR 1034 Adoption........................................... 34 HR 1035 Adoption........................................... 34 HR 1036 Adoption........................................... 34 HR 1038 Adoption........................................... 34 HR 1039 Adoption........................................... 34 HR 1040 Adoption........................................... 34 HR 1041 Adoption........................................... 34 HR 1042 Adoption........................................... 34
3 [November 21, 2002] Bill Number Legislative Action Page(s) HR 1043 Adoption........................................... 34 HR 1044 Adoption........................................... 34 HR 1046 Adoption........................................... 34 HR 1047 Adoption........................................... 34 HR 1048 Adoption........................................... 34 HR 1049 Adoption........................................... 34 HR 1050 Adoption........................................... 34 HR 1052 Adoption........................................... 34 HR 1053 Adoption........................................... 34 HR 1054 Adoption........................................... 34 HR 1056 Adoption........................................... 34 HR 1057 Adoption........................................... 34 HR 1058 Adoption........................................... 34 HR 1059 Adoption........................................... 34 HR 1060 Adoption........................................... 34 HR 1061 Adoption........................................... 34 HR 1062 Adoption........................................... 34 HR 1063 Adoption........................................... 34 HR 1064 Adoption........................................... 34 HR 1065 Adoption........................................... 34 HR 1067 Adoption........................................... 34 HR 1068 Adoption........................................... 34 HR 1069 Adoption........................................... 34 HR 1070 Adoption........................................... 34 HR 1071 Adoption........................................... 34 HR 1072 Adoption........................................... 34 HR 1073 Adoption........................................... 34 HR 1074 Adoption........................................... 34 HR 1075 Adoption........................................... 34 HR 1076 Adoption........................................... 34 HR 1077 Adoption........................................... 34 HR 1079 Adoption........................................... 34 HR 1081 Adoption........................................... 34 HR 1082 Adoption........................................... 34 HR 1083 Adoption........................................... 34 HR 1084 Adoption........................................... 34 HR 1085 Adoption........................................... 34 HR 1086 Adoption........................................... 34 HR 1087 Adoption........................................... 34 HR 1088 Adoption........................................... 34 HR 1089 Adoption........................................... 34 HR 1090 Adoption........................................... 34 HR 1091 Adoption........................................... 34 HR 1092 Adoption........................................... 34 HR 1093 Adoption........................................... 34 HR 1094 Adoption........................................... 34 HR 1095 Adoption........................................... 34 HR 1096 Adoption........................................... 34 HR 1099 Adoption........................................... 34 HR 1100 Adoption........................................... 34 HR 1101 Adoption........................................... 34 SB 0729 Committee Report................................... 5 SB 0729 Second Reading..................................... 33 SB 1240 Third Reading...................................... 34 SB 1756 Motion Submitted................................... 5 SB 1756 Senate Message - Passage of Senate Bill............ 7 SB 2117 Motion Submitted................................... 5 SB 2155 Motion Submitted................................... 5 SB 2160 Motion Submitted................................... 5 SB 2424 Senate Message - Passage of Senate Bill............ 16
[November 21, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hartke led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Kenner and Osmond were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Hartke replaced Representative Turner, Representative Capparelli replaced Representative Hannig, and Representative Lang replaced Representative Hannig in the Committee on Rules on November 20, 2002. Representative Currie replaced Representative McKeon in the Committee on Executive on November 20, 2002. Representative Bradley replaced Representative Kenner in the Committee on Health Care Availability & Accessibility on November 20, 2002. Representative Miller replaced Representative Fowler, and Representative Morrow replaced Representative Kenner in the Committee on State Government Administration on November 20, 2002. Representative Boland replaced Representative Soto, and Representative Currie replaced Representative Flowers in the Committee on Human Services on November 20, 2002. Representative Osmond replaced Representative Moffit, and Representative Cowlishaw replaced Representative Rutherford in the Committee on Elementary & Secondary Education on November 20, 2002. Representative Wojcik replaced Representative Beaubien in the Committee on Executive on November 20, 2002. Representative Zickus replaced Representative O'Connor in the Committee on Computer Technology on November 20, 2002. 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 Elementary & Secondary Education: SENATE BILL 912. Committee on Appropriations-Elementary & Secondary Education: SENATE BILL 2390. JOINT ACTION MOTIONS SUBMITTED Representative Hoffman 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 800. Representative Jerry Mitchell 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 1445. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules:
5 [November 21, 2002] MOTION I move to concur with Senate Amendment No. 1 to HOUSE BILL 1264. VETO MOTIONS SUBMITTED Representative Feigenholtz submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 1756, the Veto of the Governor notwithstanding. Representative Garrett submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 2160, the Veto of the Governor notwithstanding. Representative Klingler submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 2117, the Governor's Specific Recommendations for Change notwithstanding. Representative Bost submitted the following written motion, which was placed on the order of Motions: MOTION I move that the House concur with the Senate in the passage of SENATE BILL 2155, the Governor's Specific Recommendations for Change notwithstanding. REPORTS FROM STANDING COMMITTEES Representative Bugielski, Chairperson, from the Committee on Financial Institutions to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 729. The committee roll call vote on SENATE BILL 729 is as follows: 14, Yeas; 1, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph N Biggins Y Meyer, Spkpn A Burke, V-Chair Y Morrow Y Capparelli Y Novak Y Davis, Monique A O'Connor A Durkin Y Righter Y Giles A Saviano A Hassert Y Schoenberg Y Hultgren Y Simpson Y Jones, Shirley Y Zickus CHANGE OF SPONSORSHIP Representative Mautino asked and obtained unanimous consent to be removed as chief sponsor and Representative Hoffman asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 800. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Jerry Mitchell asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1445.
[November 21, 2002] 6 INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 6320. Introduced by Representatives Parke - McCarthy - Beaubien, a bill for AN ACT concerning patient health information. 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 refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 3999 A bill for AN ACT concerning the regulation of professions. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Luechtefeld, Burzynsk, Noland; Shaw and Silverstein. Action taken by the Senate, November 20, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the veto of the Governor to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1756 A bill for AN ACT concerning open meetings. I am further directed to transmit to the House of Representatives the following copy of the Governor's veto message to the Senate: Passed by the Senate, November 20, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 2, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto Senate Bill 1756, entitled "AN ACT concerning open meetings." Senate Bill 1756 amends the Open Meetings Act to require a public
7 [November 21, 2002] body that has a website and whose staff maintains the website, to post meeting notices, agendas, and minutes on that website. Numerous local officials and units of local government have expressed their concerns and questions regarding this legislation. One concern is that enactment of this legislation would cause an undue financial burden on public bodies because they would have to invest considerable time and additional resources to meet this mandate. Another concern is some provisions of the bill are vague. For example, the bill does not specify the length of time which records must be kept on the website. While I believe that local governments should provide this information of their own volition, I do not believe that the State should mandate it. For these reasons, I hereby veto and return Senate Bill 1756. Sincerely, George H. Ryan GOVERNOR The foregoing SENATE BILL 1756 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1583 A bill for AN ACT in relation to persons in military service. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 20, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to Senate Bill 1583 in manner and form as follows: AMENDMENT TO SENATE BILL 1583 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1583 on page 1, by replacing lines 4 through 14 with the following: "Section 5. The Military Code of Illinois is amended by adding Section 100.5 as follows: (20 ILCS 1805/100.5 new) Sec. 100.5. Illinois National Guard; Soldiers and Sailors Civil Relief Act of 1940."; and on page 1, by deleting lines 25 through 30; and on page 2, by deleting lines 1 and 2; and on page 2, line 3, by replacing "(c)" with "(b)"; and on page 2, lines 4 and 7, by deleting "or (b)" each time it appears; and on page 2, line 8, by replacing "(d)" with "(c)"; and on page 2, by deleting lines 18 through 32; and on page 3, by deleting lines 1 through 31. Date: November 19, 2002 James "Pate" Philip Senator
[November 21, 2002] 8 State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 9, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the Bill, I hereby return Senate Bill 1583 entitled "AN ACT in relation to persons in military service," with my specific recommendations for change. Senate Bill 1583 extends to Illinois National Guard personnel activated by the Governor, similar protections already provided to U.S. Armed Forces personnel under the federal Soldiers' and Sailors' Civil Relief Act of 1940. In addition, Senate Bill 1583 provides that both (i) members of the National guard activated by the Governor, and (ii) members of the U.S. Armed Forces activated by the federal government, shall also provide written notice within 30 days of the termination of active duty to those whom notice was provided originally. Senate Bill 1583 serves a well-deserved purpose by including the State activation of the National Guard within the protections already received by the U.S. Armed Forces. For this laudable intent, the spirit of this legislation has my full support. I am concerned, however, with the provisions of the Bill that purport to place additional notice requirements upon members of the U.S. Armed Forces who are activated by the federal government. As stated previously, the civil-relief protections for these soldiers is drawn directly from the federal Soldiers' and Sailors' Civil Relief Act of 1940, but this Bill purports to impose a notice requirement upon these soldiers that is not mandated by that federal law. As a result, the Bill conflicts with the federal law that is supreme on the matter, and the entire State statute may be jeopardized. Rather than risk the protections granted to members of the National Guard under this Bill, I believe the conflicting provisions should be removed. I am also concerned with the placement of the amendatory text within the Service Men's Employment Tenure Act, which primarily concerns veterans. Because the legislation specifically impacts current members of the Illinois National Guard, I believe it is better to place the language in the Military Code of Illinois that directly regulates these members of the Guard. For these reasons, I hereby return Senate Bill 1583 with the following recommendations for change: On page 1, by replacing lines 4 through 14 with the following: "Section 5. The Military Code of Illinois is amended by adding Section 100.5 as follows: (20 ILCS 1805/100.5 new) Sec. 100.5. Illinois National Guard; Soldiers and Sailors Civil Relief Action of 1940."; and On page 1, by deleting lines 25 through 30; and On page 2, by deleting lines 1 and 2; and On page 2, line 3, by replacing "(c)" with "(b)"; and On page 2, lines 4 and 7, by deleting "or (b)" each time it
9 [November 21, 2002] appears; and On page 2, line 8, by replacing "(d)" with "(c)"; and On page 2, by deleting lines 18 through 32; and On page 3, by deleting lines 1 through 31. With these changes, Senate Bill 1583 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1622 A bill for AN ACT creating the Fire Sprinkler Contractor Licensing Act. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 20, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to Senate Bill 1622 in manner and form as follows: AMENDMENT TO SENATE BILL 1622 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1622, on page 6, by replacing lines 27 through 32 with the following: "(d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000, a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code.". Date: November 7, 2002 James A. DeLeo Senator State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 15, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
[November 21, 2002] 10 the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex Rel. City of Canton v. Crouch. 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1622, entitled "AN ACT creating the Fire Sprinkler Contractor Licensing Act," with my specific recommendation for change. A licensure law for fire sprinkler installation contractors working in Illinois is long overdue. Fire sprinklers save lives, buildings, and money in the event of a fire. However, this can only be true when fire sprinklers are properly installed. Consumers deserve trained, experienced personnel installing these types of systems that help to save so much in times of disaster. Thus, this legislation will ensure once more that Illinois and its communities are safe by providing for statewide licensure of fire sprinkler installation contractors. However, the sponsors of this legislation brought a concern to my attention that should be addressed. The City of Chicago presently governs fire sprinkler installation by local ordinance. Instead of backflow prevention devices within the sprinkler, the City requires double detector check assemblies. This recommended change will allow Chicago to maintain its present means of regulation and will allow the legislation to continue to ensure that the rest of the state is also protected. For this reason, I return Senate Bill 1622 with the following recommendation for change: On page 6, by replacing lines 27 through 32 with the following: "(d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000 a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code.". With this specific recommendation for change, Senate Bill 1622 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, the acceptance of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 1657 A bill for AN ACT in relation to vehicles. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Action taken by the Senate, November 20, 2002. Jim Harry, Secretary of the Senate
11 [November 21, 2002] I move to accept the specific recommendations of the Governor as to Senate Bill 1657 in manner and form as follows: AMENDMENT TO SENATE BILL 1657 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1657 on page 8, by replacing lines 7 and 8 with "within the limits of a construction project."; and on page 9, by replacing lines 33 and 34 with "are within the limits of a construction project.". Date: November 19, 2002 Larry Bomke Senator State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 22, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 1657 entitled "AN ACT in relation to vehicles," with my specific recommendations for change. Senate Bill 1657 requires drivers, when in a road construction or maintenance zone, to move over to the traffic lane farthest from construction or maintenance workers, if it is safe to do so. The bill requires a mandatory court appearance for failing to change lanes when approaching a stationary emergency vehicle with flashing lights. It also allows union representatives to use emergency oscillating lights on their motor vehicle within the limits of a construction project and when parked alongside any roadway. I have received several bills this year expanding the types of vehicles allowed to have oscillating emergency lights. We must take care to limit the expansion of emergency light usage by non-emergency entities. In granting union representatives the authority to use emergency oscillating lights on their vehicles when parked alongside any roadway, the bill moves outside the specific objective of increasing safety within construction and maintenance zones. I believe that use of the oscillating lights by union representatives should be limited to construction zones. For these reasons, I hereby return Senate Bill 1657 with the following recommendations for change: On page 8, by replacing lines 7 and 8 with "within the limits of a construction project."; and On page 9, by replacing lines 33 and 34 with "are within the limits of a construction project.". With these changes, Senate Bill 1657 will have my approval. I respectfully request your concurrence.
[November 21, 2002] 12 Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the veto of the Governor to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 2160 A bill for AN ACT concerning business practices. I am further directed to transmit to the House of Representatives the following copy of the Governor's veto message to the Senate: Passed by the Senate, November 20, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR July 19, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto Senate Bill 2160 entitled "AN ACT concerning business practices." Senate Bill 2160 amends the Consumer Fraud and Deceptive Business Practices Act to make it an unlawful practice to knowingly mail a postcard or letter with a request that the recipient call a telephone number, and the postcard or letter does not disclose that callers will be solicited to purchase goods, services, or other merchandise. The intent of this legislation to curb consumer fraud, a growing problem in Illinois, is admirable. However, this bill could harm legitimate businesses and organizations that work hard to serve the citizens of Illinois, as they could unintentionally be ensnared by the broad sweep of this legislation. While it is probably unlikely that legitimate businesses or groups making an innocent mistake would be prosecuted, this legislation does very little to discourage advertisers trying to skirt the law to get around these requirements. In addition, it would be difficult and costly to enforce these provisions against out-of-state companies. Moreover, the recipients of these postcards do have a choice in whether or not to call the numbers listed on the postcards and I am reluctant to place restrictions on what may be a legitimate advertising technique. Finally, this bill could be construed as infringing upon the rights of businesses or anyone to send information to potential customers. I believe the potential for misapplication or harm that could result from this bill outweighs the possible benefits. For these reasons, I hereby veto and return Senate Bill 2160. Sincerely, George H. Ryan GOVERNOR
13 [November 21, 2002] A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the Governor's specific recommendations for change to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 2117 A bill for AN ACT concerning medical districts. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Passed by the Senate, November 20, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 2, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 2117 entitled "AN ACT concerning medical districts," with my specific recommendations for change. Senate Bill 2117 creates the Illinois Medical District of Springfield (IMDS) Act which provides that the district be governed by the Illinois Medical District at Springfield Commission, a 16-member board with seven appointments made by each the Governor and Mayor, and two members appointed by Southern Illinois University School of Medicine. Senate Bill 2117 further defines boundaries of the District and outlines various provisions concerning grants, loans, contracts, property acquisition, eminent domain, construction, sale or lease of property, hearing and rules. By providing a framework for the IMDS, Senate Bill 2117 creates a major economic development tool for the City of Springfield and the State of Illinois. The authority granted by Senate Bill 2117 to IMDS would enhance the City of Springfield's ability to attract and expand medical services, research and business development within the District. The new Medical District will encourage private investment and high tech job creation and retention in Springfield. Although Senate Bill 2117 was designed to mirror the Illinois Medical District Act (70 ILCS 915), which created the Illinois Medical District at Chicago, Senate Bill 2117 provides for a substantially different board structure, fully double the size of the board governing Chicago's Medical District. The Chicago Medical District Commission consists of seven members, four of whom are appointed by the Governor, two by the Mayor of Chicago, and one by the President of the Cook County Board. This seven-member board effectively represents the
[November 21, 2002] 14 interests of the State and local stakeholders in the development of the Medical District. While the authors of Senate Bill 2117 made great efforts to include representation from local interest groups, the 16-member board created in Senate Bill 2117 for Springfield's Medical District would be unwieldy and overly bureaucratic. The Springfield District should follow the structure that has already proven to be so successful at the Medical District in Chicago and create a streamlined, efficient governing board while still ensuring local representation. I also recommend a stated effective date of January 1, 2003, so that the General Assembly's acceptance of my recommendations will not delay the effective date of this legislation. For this reason, I hereby return Senate Bill 2117 with the following specific recommendations for change: On page 2, by replacing lines 19 through 34 with the following: "(c) The Commission shall consist of the following 7 members: 4 members appointed by the Governor, with the advice and consent of the Senate; 2 members appointed by the Mayor of Springfield, with the advice and consent of the Springfield City Council; and one member appointed by the County Board of Sangamon County."; and On page 3, by replacing lines 1 through 25 with "All members of the"; and On page 3, lines 26 and 27, by replacing "public members appointed by the Governor" with "members"; and On page 3, line 29, by deleting "public"; and On page 3, line 32, by replacing "Thereafter, the public" with the following: "The initial members appointed by the Mayor of Springfield shall be appointed for terms ending, respectively, on the second and third anniversaries of their appointments. The initial member appointed by the County Board of Sangamon County shall be appointed for a term ending on the fourth anniversary of the appointment. Thereafter, all"; and On page 3, line 33, by deleting "appointed by the Governor"; and On page 4, line 6, by replacing "entity" with "authority"; and On page 4, lines 20 and 22, by deleting "public" each time it appears; and On page 4, line 25, by replacing "4" with "2"; and On page 4, by replacing lines 30 through 32 with the following: "meeting a quorum consisting of at least 4 Commissioners. Meetings may be held by telephone conference or"; and On page 5, by deleting lines 1 through 8; and On page 11, line 30, by replacing "10" with "5"; and On page 17, below line 18, by inserting the following: "Section 999. Effective date. This Act takes effect on January 1, 2003". With these changes, Senate Bill 2117 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, the Governor's specific recommendations for change to the contrary notwithstanding, in the passage of which I am instructed to ask the concurrence of the House, to-wit: Senate Bill No. 2155
15 [November 21, 2002] A bill for AN ACT in relation to civil liabilities. I am further directed to transmit to the House of Representatives the following copy of the Governor's specific recommendations for change to the Senate: Passed by the Senate, November 20, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate State of Illinois OFFICE OF THE GOVERNOR Springfield, Illinois 62706 George H. Ryan GOVERNOR August 23, 2002 To the Honorable Members of The Illinois Senate 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387 (1979), people ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return Senate Bill 2155 entitled "AN ACT in relation to civil liabilities," with my specific recommendations for change. Senate Bill 2155 provides the owner or operator of off-road riding facilities not only civil immunity, but criminal immunity as well, from legal suits brought on the basis of noise or sound emissions. Senate Bill 2155 provides these immunities to (i) the facilities in existence on January 1, 2002, and (ii) the facilities in operation after January 1, 2002, that meet at least one additional location, zoning, or operation requirement. Senate Bill 2155 also provides that the civil immunity for facilities in existence after January 1, 2002, does not extend to willful and wanton misconduct outside the normal use of the facility. Although existing off-road riding facilities may merit some protections against nuisance suits of persons who choose to locate next to one of these current facilities, Senate Bill 2155 proposes to extend these protections to the opposite scenario where new facilities may seek to locate near residential areas. Senate Bill 2155 also may inadvertently affect pending suits concerning these facilities. Therefore, my amendatory changes delete the protections for facilities that open after January 1, 2002, and provide that the immunity protections only apply to causes of action accruing on or after the effective date of this bill. In addition, Senate Bill 2155 indeterminately provides criminal immunity to these facilities that the State does not regulate for noise pollution and waives civil immunity only for willful and wanton misconduct "outside" the normal use of an existing facility. Thus, the amendatory changes delete the criminal immunity provisions and waive immunity for any willful and wanton misconduct occurring in the operation of the facility. For these reasons, I hereby return Senate Bill 2155 with the following recommendations for change: on page 1, by replacing lines 21 through 27 with the following: "(b) An owner or operator of an off-road riding facility in existence on January 1, 2002 is not subject to any action for
[November 21, 2002] 16 public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the off-road riding facility. Further, no court in this State may enjoin"; and on page 1, line 28, by replacing "a" with "an"; and on page 1, by replacing line 31 with the following: "(c) The immunity in this Section does not apply if there is willful or wanton misconduct in the operation of the off-road riding facility. This Section applies only to causes of action accruing on or after the effective date of this amendatory Act of the 92nd General Assembly."; and On page 2, by deleting lines 1 through 23. With these changes, Senate Bill 2155 will have my approval. I respectfully request your concurrence. Sincerely, George H. Ryan GOVERNOR A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 2424 A bill for AN ACT concerning State finance. Passed by the Senate, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 2424 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 800 A bill for AN ACT concerning insurance. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 800. Passed the Senate, as amended, November 21, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 800 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by adding Section 370u as follows: (215 ILCS 5/370u new) Sec. 370u. Independent contractor compensation. All noninstitutional providers and other providers shall be permitted to
17 [November 21, 2002] compensate, on the basis of a percentage of the providers' fees or collections, any independent contractor (including, but not limited to, an administrator, insurer, and health maintenance organization licensed under the Health Maintenance Organization Act) for non-health care services provided in connection with the management, marketing, administration, formation, and maintenance of provider networks offered or available to any person, including insured or self-insured employers or employee benefit trust funds. To the extent of any conflict between this provision and any other statutory provision, this provision prevails over the conflicting provision. Section 99. Effective date. This Act takes effect on June 1, 2003.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 800 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1264 A bill for AN ACT regarding taxes. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1264. Passed the Senate, as amended, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1264 by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Section 355 and adding Section 360 as follows: (35 ILCS 200/10-355) Sec. 10-355. Fraternal organization assessment freeze. (a) For the taxable year 2002 and thereafter, the assessed value of real property owned and used by a fraternal organization that on December 31, 1926 had its national headquarters in Illinois or that was chartered in Illinois in
[November 21, 2002] 18 year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section. If, in any year, additions or improvements are made to property subject to assessment under this Section and the additions or improvements would increase the assessed value of the property, then 15% of the final assessed value of the additions or improvements shall be added to the final assessed value of the property for the year in which the additions or improvements are completed and for all subsequent years that the property is eligible for assessment under this Section. (b) For purposes of this Section, "final assessed value" means the assessed value after final board of review action. (c) Fraternal organizations whose property is assessed under this Section must annually submit an application to the chief county assessment officer on or before (i) January 31 of the assessment year in counties with a population of 3,000,000 or more and (ii) December 31 of the assessment year in all other counties. The initial application must contain the information required by the Department of Revenue, which shall prepare the form, including: (1) a copy of the organization's charter from the State of Illinois, if applicable; (2) the location or legal description of the property on which is located the principal building for the organization, including the PIN number, if available; (3) a written instrument evidencing that the organization is the record owner or has a legal or equitable interest in the property; (4) an affidavit that the organization is liable for paying the real property taxes on the property; and (5) the signature of the organization's chief presiding officer. Subsequent applications shall include any changes in the initial application and shall affirm the ownership, use, and liability for taxes for the year in which it is submitted. All applications shall be notarized. (d) This Section does not apply to parcels exempt from property taxes under this Code. (Source: P.A. 92-388, eff. 1-1-02.) (35 ILCS 200/10-360 new) Sec. 10-360. Fraternal organization assessment freeze. (a) For the taxable year 2003 and thereafter, the assessed value of real property owned and used by a fraternal organization or its affiliated Illinois not for profit corporation chartered prior to 1920 that is an exempt entity under Section 501(c)(2), 501(c)(8) or 501(c)(10) of the Internal Revenue Code and whose members provide, directly or indirectly, financial support for charitable works, which may include medical care, drug rehabilitation, or education, shall be established by the chief county assessment officer as follows: (1) if the property meets the qualifications set forth in this Section on January 1, 2003 and on January 1 of each subsequent assessment year, for assessment year 2003 and each subsequent assessment year, the final assessed value of the property shall be 15% of the final assessed value of the property for the assessment year 2002; or (2) if the property first meets the qualifications set forth in this Section on January 1 of any assessment year after assessment year 2003 and on January 1 of each subsequent assessment year, for that first assessment year and each subsequent assessment year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section. If, in any year, additions or improvements are made to property subject to assessment under this Section and the additions or improvements would increase the assessed value of the property, then 15% of the final assessed value of the additions or improvements shall
19 [November 21, 2002] be added to the final assessed value of the property for the year in which the additions or improvements are completed and for all subsequent years that the property is eligible for assessment under this Section. (b) For purposes of this Section, "final assessed value" means the assessed value after final board of review action. (c) Fraternal organizations or their affiliated not for profit corporations whose property is assessed under this Section must annually submit an application to the chief county assessment officer on or before (i) January 31 of the assessment year in counties with a population of 3,000,000 or more and (ii) December 31 of the assessment year in all other counties. The initial application must contain the information required by the Department of Revenue, which shall prepare the form, including: (1) the location or legal description of the property on which is located the principal building for the organization, including the PIN number, if available; (2) a written instrument evidencing that the organization or not for profit corporation is the record owner or has a legal or equitable interest in the property; (3) an affidavit that the organization or not for profit corporation is liable for paying the real property taxes on the property; and (4) the signature of the organization's or not for profit corporation's chief presiding officer. Subsequent applications shall include any changes in the initial application and shall affirm the ownership, use, and liability for taxes for the year in which it is submitted. All applications shall be notarized. (d) This Section does not apply to parcels exempt from property taxes under this Code. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1264 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1268 A bill for AN ACT in relation to taxes. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1268. Passed the Senate, as amended, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1268 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Income Tax Act is amended by changing Section 405 as follows:
[November 21, 2002] 20 (35 ILCS 5/405) Sec. 405. Carryovers in certain acquisitions. (a) In the case of the acquisition of assets of a corporation by another corporation described in Section 381(a) of the Internal Revenue Code, the acquiring corporation shall succeed to and take into account, as of the close of the day of distribution or transfer, all Article 2 credits and net losses under Section 207 of the corporation from which the assets were acquired. (b) In the case of the acquisition of assets of a partnership by another partnership in a transaction in which the acquiring partnership is considered to be a continuation of the partnership from which the assets were acquired under the provisions of Section 708 of the Internal Revenue Code and any regulations promulgated under that Section, the acquiring partnership shall succeed to and take into account, as of the close of the day of distribution or transfer, all Article 2 credits and net losses under Section 207 of the partnership from which the assets were acquired. (b-5) No limitation under Section 382 of the Internal Revenue Code or the separate return limitation year regulations promulgated under Section 1502 of the Internal Revenue Code shall apply to the carryover of any Article 2 credit or net loss allowable under Section 207. (b-10) If on the termination of an estate or trust, the estate or trust has a net loss carryforward under Section 207, that carryforward shall be allowed to the beneficiaries succeeding to the property of the estate or trust in the same manner as allowed in Section 642(h) of the Internal Revenue Code. (c) The provisions of this Section
21 [November 21, 2002] HOUSE BILL 1445 A bill for AN ACT relating to education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1445. Passed the Senate, as amended, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1445 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 14-7.03 as follows: (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03) Sec. 14-7.03. Special Education Classes for Children from Orphanages, Foster Family Homes, Children's Homes, or in State Housing Units. If a school district maintains special education classes on the site of orphanages and children's homes, or if children from the orphanages, children's homes, foster family homes, other State agencies, or State residential units for children attend classes for children with disabilities in which the school district is a participating member of a joint agreement, or if the children from the orphanages, children's homes, foster family homes, other State agencies, or State residential units attend classes for the children with disabilities maintained by the school district, then reimbursement shall be paid to eligible districts in accordance with the provisions of this Section by the Comptroller as directed by the State Superintendent of Education. The amount of tuition for such children shall be determined by the actual cost of maintaining such classes, using the per capita cost formula set forth in Section 14-7.01, such program and cost to be pre-approved by the State Superintendent of Education. On forms prepared by the State Superintendent of Education, the district shall certify to the regional superintendent the following: (1) The name of the home or State residential unit with the name of the owner or proprietor and address of those maintaining it; (2) That no service charges or other payments authorized by law were collected in lieu of taxes therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made; (3) The number of children qualifying under this Act in special education classes for instruction on the site of the orphanages and children's homes; (4) The number of children attending special education classes for children with disabilities in which the district is a participating member of a special education joint agreement; (5) The number of children attending special education classes for children with disabilities maintained by the district; (6) The computed amount of tuition payment claimed as due, as approved by the State Superintendent of Education, for maintaining these classes. If a school district makes a claim for reimbursement under Section 18-3 or 18-4 of this Act it shall not include in any claim filed under this Section a claim for such children. Payments authorized by law, including State or federal grants for education of children included in this Section, shall be deducted in determining the tuition amount. Nothing in this Act shall be construed so as to prohibit
[November 21, 2002] 22 reimbursement for the tuition of children placed in for profit facilities. Private facilities shall provide adequate space at the facility for special education classes provided by a school district or joint agreement for children with disabilities who are residents of the facility at no cost to the school district or joint agreement upon request of the school district or joint agreement. If such a private facility provides space at no cost to the district or joint agreement for special education classes provided to children with disabilities who are residents of the facility, the district or joint agreement shall not include any costs for the use of those facilities in its claim for reimbursement. Reimbursement for tuition may include the cost of providing summer school programs for children with severe and profound disabilities served under this Section. Claims for that reimbursement shall be filed by November 1 and shall be paid on or before December 15 from appropriations made for the purposes of this Section. The State Board of Education shall establish such rules and regulations as may be necessary to implement the provisions of this Section. Claims filed on behalf of programs operated under this Section housed in a jail,
23 [November 21, 2002] in accordance with Section 14-12.01 for the 1976-77 school year but for this amendatory Act of 1977 shall not be paid unless the district ceases to maintain such classes for one entire school year. If a school district's current reimbursement payment for the 1977-78 school year only is less than the prior year's reimbursement payment owed, the district shall be paid the amount of the difference between the payments in addition to the current reimbursement payment, and the amount so paid shall be subtracted from the amount of prior year's reimbursement payment owed to the district. Regional superintendents may operate special education classes for children from orphanages, foster family homes, children's homes or State housing units located within the educational services region upon consent of the school board otherwise so obligated. In electing to assume the powers and duties of a school district in providing and maintaining such a special education program, the regional superintendent may enter into joint agreements with other districts and may contract with public or private schools or the orphanage, foster family home, children's home or State housing unit for provision of the special education program. The regional superintendent exercising the powers granted under this Section shall claim the reimbursement authorized by this Section directly from the State Board of Education. Any child who is not a resident of Illinois who is placed in a child welfare institution, private facility, foster family home, State operated program, orphanage or children's home shall have the payment for his educational tuition and any related services assured by the placing agent. Commencing July 1, 1992, for each disabled student who is placed residentially by a State agency or the courts for care or custody or both care and custody, welfare, medical or mental health treatment or both medical and mental health treatment, rehabilitation, and protection, whether placed there on, before, or after July 1, 1992, the costs for educating the student are eligible for reimbursement under this Section providing the placing agency or court has notified the appropriate school district authorities of the status of student residency where applicable prior to or upon placement. The district of residence of the parent, guardian, or disabled student as defined in Sections 14-1.11 and 14-1.11a is responsible for the actual costs of the student's special education program and is eligible for reimbursement under this Section when placement is made by a State agency or the courts. Payments shall be made by the resident district to the district wherein the facility is located no less than once per quarter unless otherwise agreed to in writing by the parties. When a dispute arises over the determination of the district of residence, the district or districts may appeal the decision in writing to the State Superintendent of Education. The decision of the State Superintendent of Education shall be final. In the event a district does not make a tuition payment to another district that is providing the special education program and services, the State Board of Education shall immediately withhold 125% of the then remaining annual tuition cost from the State aid or categorical aid payment due to the school district that is determined to be the resident school district. All funds withheld by the State Board of Education shall immediately be forwarded to the school district where the student is being served. When a child eligible for services under this Section 14-7.03 must be placed in a nonpublic facility, that facility shall meet the programmatic requirements of Section 14-7.02 and its regulations, and the educational services shall be funded only in accordance with this Section 14-7.03. (Source: P.A. 92-597, eff. 7-1-02.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1445 was placed on the Calendar on the order of Concurrence.
[November 21, 2002] 24 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2098 A bill for AN ACT regarding vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2098. Passed the Senate, as amended, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2098 by replacing the title with the following: "AN ACT in relation to courts."; and by replacing everything after the enacting clause with the following: "Section 5. The Clerks of Courts Act is amended by changing Section 15 as follows: (705 ILCS 105/15) (from Ch. 25, par. 15) Sec. 15. Any clerk who fails to enter of record any order or judgment of his or her court within 45 days after the same is made or rendered, or any clerk having the duty to forward to the Department of Public Health the record of any judgment of dissolution of marriage or declaration of invalidity of marriage, who wilfully fails to do so within 45 days after the close of the month in which the same is made or rendered, shall be guilty of a petty offense and shall be fined by the court not exceeding $100, and for any subsequent offense he or she may be fined in a like amount or proceeded against as for a Class A misdemeanor in office and removed from office. In any county of less than 3,000,000
25 [November 21, 2002] Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3797. Passed the Senate, as amended, November 21, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3797 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 6-104 as follows: (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104) Sec. 6-104. Classification of Driver - Special Restrictions. (a) A driver's license issued under the authority of this Act shall indicate the classification for which the applicant therefor has qualified by examination or by such other means that the Secretary of State shall prescribe. Driver's license classifications shall be prescribed by rule or regulation promulgated by the Secretary of State and such may specify classifications as to operation of motor vehicles of the first division, or of those of the second division, whether operated singly or in lawful combination, and whether for-hire or not-for-hire, and may specify such other classifications as the Secretary deems necessary. No person shall operate a motor vehicle unless such person has a valid license with a proper classification to permit the operation of such vehicle, except that any person may operate a motorized pedalcycle if such person has a valid current Illinois driver's license, regardless of classification. (b) No person who is under the age of 21 years or has had less than 1 year of driving experience shall drive: (1) in connection with the operation of any school, day camp, summer camp, or nursery school, any public or private motor vehicle for transporting children to or from any school, day camp, summer camp, or nursery school, or (2) any motor vehicle of the second division when in use for the transportation of persons for compensation. (c) No person who is under the age of 18 years shall be issued a license for the purpose of transporting property for hire, or for the purpose of transporting persons for compensation in a motor vehicle of the first division. (d) No person shall drive: (1) a school bus when transporting school children unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; or (2) any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, where such vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as a student in grade 12 or below, in connection with any activity of the entities unless such person possesses a valid school bus driver permit. (d-5) On and after July 1, 2003, no person may drive a bus that has been chartered for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities unless the person has a valid school bus driver permit in addition to any other permit or license that is required to operate that bus. This subsection (d-5) does not apply to any bus driver employed by a public transportation provider authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is on a regularly scheduled route for the transporting of other fare paying passengers.
[November 21, 2002] 26 (e) No person shall drive a religious organization bus unless such person has a valid and properly classified drivers license or a valid school bus driver permit. (f) No person shall drive a motor vehicle for the purpose of providing transportation for the elderly in connection with the activities of any public or private organization unless such person has a valid and properly classified driver's license issued by the Secretary of State. (g) No person shall drive a bus which meets the special requirements for school buses provided in Section 12-801, 12-802, 12-803 and 12-805 of this Code for the purpose of transporting persons 18 years of age or less in connection with any youth camp licensed under the Youth Camp Act or any child care facility licensed under the Child Care Act of 1969 unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; however, a person who has a valid and properly classified driver's license issued by the Secretary of State may operate a school bus for the purpose of transporting persons 18 years of age or less in connection with any such youth camp or child care facility if the "SCHOOL BUS" signs are covered or concealed and the stop signal arm and flashing signal systems are not operable through normal controls. (Source: P.A. 92-849, eff. 1-1-03.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3797 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5222 A bill for AN ACT in relation to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5222. Passed the Senate, as amended, November 21, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5222 by replacing the title with the following: "AN ACT in relation to vehicles."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by re-enacting Section 6-301 and changing Sections 6-601 and 15-107 as follows: (625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301) Sec. 6-301. Unlawful use of license or permit. (a) It is a violation of this Section for any person: 1. To display or cause to be displayed or have in his possession any cancelled, revoked or suspended license or permit;
27 [November 21, 2002] 2. To lend his license or permit to any other person or knowingly allow the use thereof by another; 3. To display or represent as his own any license or permit issued to another; 4. To fail or refuse to surrender to the Secretary of State or his agent or any peace officer upon his lawful demand, any license or permit, which has been suspended, revoked or cancelled; 5. To allow any unlawful use of a license or permit issued to him; 6. To submit to an examination or to obtain the services of another person to submit to an examination for the purpose of obtaining a drivers license or permit for some other person. (b) Sentence. 1. Any person convicted of a violation of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. 2. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 4 felony. 3. In addition to any other sentence imposed under paragraph 1 or 2 of this subsection (b), a person convicted of a violation of paragraph 6 of subsection (a) shall be imprisoned for not less than 7 days. (c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof. (d) This Section does not apply to licenses and permits invalidated under Section 6-301.3 of this Code. (Source: P.A. 92-647, eff. 1-1-03.) (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601) (Text of Section from P.A. 92-622) Sec. 6-601. Penalties. (a) It is a petty offense for any person to violate any of the provisions of this Chapter unless such violation is by this Code or other law of this State declared to be a misdemeanor or a felony. (b) General penalties. Unless another penalty is in this Code or other laws of this State, every person convicted of a petty offense for the violation of any provision of this Chapter shall be punished by a fine of not more than $500. (c) Unlicensed driving. Except as hereinafter provided a violation of Section 6-101 shall be: 1. A Class A misdemeanor if the person failed to obtain a driver's license or permit after expiration of a period of revocation. 2. A Class B misdemeanor if the person has been issued a driver's license or permit, which has expired, and if the period of expiration is greater than one year; or if the person has never been issued a driver's license or permit, or is not qualified to obtain a driver's license or permit because of his age. If a licensee under this Code is convicted of violating Section 6-101 for operating a motor vehicle during a time when such licensee's driver's license was invalid under the provisions of Section 6-110, then conviction under such circumstances shall be punishable by a fine of not more than $25. If a licensee under this Code is convicted of violating Section 6-303 for operating a motor vehicle during a time when such licensee's driver's license was suspended under the provisions of Section 6-306.3, then such act shall be a petty offense (provided the licensee has answered the charge which was the basis of the suspension under Section 6-306.3), and there shall be imposed no additional like period of suspension as provided in paragraph (b) of Section 6-303.
[November 21, 2002] 28 (Text of Section from P.A. 92-647) Sec. 6-601. Penalties. (a) It is a petty offense for any person to violate any of the provisions of this Chapter unless such violation is by this Code or other law of this State declared to be a misdemeanor or a felony. (b) General penalties. Unless another penalty is in this Code or other laws of this State, every person convicted of a petty offense for the violation of any provision of this Chapter shall be punished by a fine of not more than $500. (c) Unlicensed driving. Except as hereinafter provided a violation of Section 6-101 shall be: 1. A Class A misdemeanor if the person failed to obtain a driver's license or permit after expiration of a period of revocation. 2. A Class B misdemeanor if the person has been issued a driver's license or permit, which has expired, and if the period of expiration is greater than one year
29 [November 21, 2002] any projecting load to clearly mark the dimensions of the load. A tow truck in combination with a disabled vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations. All other combinations not listed in this subsection (b) may not exceed 60 feet overall dimension. (c) Combinations of vehicles may not exceed a total of 2 vehicles except the following: (1) A truck tractor semitrailer may draw one trailer. (2) A truck tractor semitrailer may draw one converter dolly. (3) A truck tractor semitrailer may draw one vehicle that is defined in Chapter 1 as special mobile equipment, provided the overall dimension does not exceed 60 feet. (4) A truck in transit may draw 3 trucks in transit coupled together by the triple saddlemount method. (5) Recreational vehicles consisting of 3 vehicles, provided the following: (A) The total overall dimension does not exceed 60 feet. (B) The towing vehicle is a properly registered vehicle capable of towing another vehicle using a fifth-wheel type assembly. (C) The second vehicle in the combination of vehicles is a recreational vehicle that is towed by a fifth-wheel assembly. This vehicle must be properly registered and must be equipped with brakes, regardless of weight. (D) The third vehicle must be the lightest of the 3 vehicles and be a trailer or semitrailer designed or used for transporting a boat, all-terrain vehicle, personal watercraft, or motorcycle. (E) The towed vehicles may be only for the use of the operator of the towing vehicle. (F) All vehicles must be properly equipped with operating brakes and safety equipment required by this Code, except the additional brake requirement in subdivision (C) of this subparagraph (5). (6) A tow truck in combination with a disabled vehicle or combination of disabled vehicles, provided the towing vehicle: (A) Is specifically designed as a tow truck having a gross vehicle weight rating of at least 18,000 pounds and equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes. For the purpose of this subsection, gross vehicle weight rating, or GVWR, means the value specified by the manufacturer as the loaded weight of the tow truck. (B) Is equipped with flashing, rotating, or oscillating amber lights, visible for at least 500 feet in all directions. (C) Is capable of utilizing the lighting and braking systems of the disabled vehicle or combination of vehicles. (D) Does not engage a tow exceeding 50 highway miles from the initial point of wreck or disablement to a place of repair. Any additional movement of the vehicles may occur only upon issuance of authorization for that movement under the provisions of Sections 15-301 through 15-319 of this Code. The Department may by rule or regulation prescribe additional requirements regarding length limitations for a tow truck towing another vehicle. For purposes of this Section, a tow-dolly that merely serves as substitute wheels for another legally licensed vehicle is considered part of the licensed vehicle and not a separate vehicle. (d) On Class I highways there are no overall length limitations on motor vehicles operating in combinations provided: (1) The length of a semitrailer, unladen or with load, in combination with a truck tractor may not exceed 53 feet. (2) The distance between the kingpin and the center of the rear axle of a semitrailer longer than 48 feet, in combination with
[November 21, 2002] 30 a truck tractor, may not exceed 45 feet 6 inches. (3) The length of a semitrailer or trailer, unladen or with load, operated in a truck tractor-semitrailer-trailer combination, may not exceed 28 feet 6 inches. (4) Maxi-cube combinations, as defined in Chapter 1, may not exceed 65 feet overall dimension. (5) Combinations of vehicles specifically designed to transport motor vehicles or boats may not exceed 65 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section. (6) Stinger steered semitrailer vehicles as defined in Chapter 1, specifically designed to transport motor vehicles or boats, may not exceed 75 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section. (7) A truck in transit transporting 3 trucks coupled together by the triple saddlemount method may not exceed 75 feet overall dimension. Vehicles operating during daylight hours when transporting poles, pipes, machinery, or other objects of a structural nature that cannot readily be dismembered are exempt from length limitations, provided that no object may exceed 80 feet in length and the overall dimension of the vehicle including the load may not exceed 100 feet. This exemption does not apply to operation on a Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section are the days on which the following traditional holidays are celebrated: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. Vehicles and loads operated by a public utility while en route to make emergency repairs to public service facilities or properties are exempt from length limitations, provided that during night operations every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps on the extreme ends of any projecting load to clearly mark the dimensions of the load. A tow truck in combination with a disabled vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations. The length limitations described in this paragraph (d) shall be exclusive of safety and energy conservation devices, such as bumpers, refrigeration units or air compressors and other devices, that the Department may interpret as necessary for safe and efficient operation; except that no device excluded under this paragraph shall have by its design or use the capability to carry cargo. Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking shall not apply to the designation of highways under this paragraph (d). (e) On Class II highways there are no overall length limitations on motor vehicles operating in combinations, provided: (1) The length of a semitrailer, unladen or with load, in combination with a truck tractor, may not exceed 53 feet overall dimension. (2) The distance between the kingpin and the center of the rear axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 45 feet 6 inches. (3) A truck tractor-semitrailer-trailer combination may not exceed 65 feet in
31 [November 21, 2002] bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section. (7) Stinger steered semitrailer vehicles, as defined in Chapter 1, specifically designed to transport motor vehicles or boats, may not exceed 75 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section. (8) A truck in transit transporting 3 trucks coupled together by the triple saddlemount method may not exceed 75 feet overall dimension. Vehicles operating during daylight hours when transporting poles, pipes, machinery, or other objects of a structural nature that cannot readily be dismembered are exempt from length limitations, provided that no object may exceed 80 feet in length and the overall dimension of the vehicle including the load may not exceed 100 feet. This exemption does not apply to operation on a Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section are the days on which the following traditional holidays are celebrated: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. Vehicles and loads operated by a public utility while en route to make emergency repairs to public service facilities or properties are exempt from length limitations, provided that during night operations every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps on the extreme ends of any projecting load to clearly mark the dimensions of the load. A tow truck in combination with a disabled vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations. Local authorities and road district commissioners, with respect to streets and highways under their jurisdiction, may also by ordinance or resolution allow length limitations of this subsection (e). The length limitations described in this paragraph (e) shall be exclusive of safety and energy conservation devices, such as bumpers, refrigeration units or air compressors and other devices, that the Department may interpret as necessary for safe and efficient operation; except that no device excluded under this paragraph shall have by its design or use the capability to carry cargo. (e-1) Combinations of vehicles not exceeding 65 feet overall length are allowed access as follows: (1) From any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of loading and unloading, provided: (A) The vehicle does not exceed 73,280 pounds in gross weight and 8 feet 6 inches in width. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (2) From any State designated highway onto any county or township highway for a distance of 5 highway miles or onto any municipal highway for a distance of one highway mile for the purpose of food, fuel, repairs, and rest, provided: (A) The vehicle does not exceed 73,280 pounds in gross weight and 8 feet 6 inches in width. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (e-2) Except as provided in subsection (e-3), combinations of vehicles over 65 feet in length, with no overall length limitation except as provided in subsections (d) and (e) of this Section, are allowed access as follows: (1) From a Class I highway onto any street or highway for a distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access.
[November 21, 2002] 32 (2) From a Class I or Class II highway onto any State highway or any locally designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest. (e-3) Combinations of vehicles over 65 feet in length operated by household goods carriers, with no overall length limitations except as provided in subsections (d) and (e) of this Section, have unlimited access to points of loading and unloading. Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking shall not apply to the designation of highways under this paragraph (e). (f) On Class III and other non-designated State highways, the length limitations for vehicles in combination are as follows: (1) Truck tractor-semitrailer combinations, must comply with either a maximum 55 feet overall wheel base or a maximum 65 feet extreme overall dimension. (2) Semitrailers, unladen or with load, may not exceed 53 feet overall dimension. (3) No truck tractor-semitrailer-trailer combination may exceed 60 feet extreme overall dimension. (4) The distance between the kingpin and the center axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 42 feet 6 inches. (g) Length limitations in the preceding subsections of this Section 15-107 do not apply to the following: (1) Vehicles operated in the daytime, except on Saturdays, Sundays, or legal holidays, when transporting poles, pipe, machinery, or other objects of a structural nature that cannot readily be dismembered, provided the overall length of vehicle and load may not exceed 100 feet and no object exceeding 80 feet in length may be transported unless a permit has been obtained as authorized in Section 15-301. (2) Vehicles and loads operated by a public utility while en route to make emergency repairs to public service facilities or properties, but during night operation every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load. (3) A tow truck in combination with a disabled vehicle or combination of disabled vehicles, provided the towing vehicle meets the following conditions: (A) It is specifically designed as a tow truck having a gross vehicle weight rating of at least 18,000 pounds and equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes. (B) It is equipped with flashing, rotating, or oscillating amber lights, visible for at least 500 feet in all directions. (C) It is capable of utilizing the lighting and braking systems of the disabled vehicle or combination of vehicles. (D) It does not engage in a tow exceeding 50 miles from the initial point of wreck or disablement. The Department may by rule or regulation prescribe additional requirements regarding length limitations for a tow truck towing another vehicle. For the purpose of this subsection, gross vehicle weight rating, or GVWR, shall mean the value specified by the manufacturer as the loaded weight of the tow truck. Legal holidays referred to in this Section shall be specified as the day on which the following traditional holidays are celebrated: New Year's Day; Memorial Day; Independence Day; Labor Day;
33 [November 21, 2002] Thanksgiving Day; and Christmas Day. (h) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than 3 feet beyond the front wheels of the vehicle or the front bumper of the vehicle if it is equipped with a front bumper. The provisions of this subsection (h) shall not apply to any vehicle or combination of vehicles specifically designed for the collection and transportation of waste, garbage, or recyclable materials during the vehicle's operation in the course of collecting garbage, waste, or recyclable materials if the vehicle is traveling at a speed not in excess of 15 miles per hour during the vehicle's operation and in the course of collecting garbage, waste, or recyclable materials. However, in no instance shall the load extend more than 7 feet beyond the front wheels of the vehicle or the front bumper of the vehicle if it is equipped with a front bumper. (i) The load upon the front vehicle of a combination of vehicles specifically designed to transport motor vehicles shall not extend more than 3 feet beyond the foremost part of the transporting vehicle and the load upon the rear transporting vehicle shall not extend more than 4 feet beyond the rear of the bed or body of the vehicle. This paragraph shall only be applicable upon highways designated in paragraphs (d) and (e) of this Section. (j) Articulated vehicles comprised of 2 sections, neither of which exceeds a length of 42 feet, designed for the carrying of more than 10 persons, may be up to 60 feet in length, not including energy absorbing bumpers, provided that the vehicles are: 1. operated by or for any public body or motor carrier authorized by law to provide public transportation services; or 2. operated in local public transportation service by any other person and the municipality in which the service is to be provided approved the operation of the vehicle. (j-1) (Blank). (k) Any person who is convicted of violating this Section is subject to the penalty as provided in paragraph (b) of Section 15-113. (l) (Blank). (Source: P.A. 92-417, eff. 1-1-02; 92-766, eff. 1-1-03.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 522 was placed on the Calendar on the order of Concurrence. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 10:22 o'clock a.m. SENATE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: SENATE BILL 729. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative McGuire moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 4938, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 4938 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4938 as follows: on page 2, by replacing line 29 with the following:
[November 21, 2002] 34 "Sec. 3. Records as property of State. (a) All records"; and on page 3, by replacing line 5 with the following: "prohibited by law. (b) Reports and records of the obligation,"; and on page 13, line 22, by inserting "subsection (b) of" after "of". And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, HOUSE BILL 2787 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTIONS HOUSE RESOLUTION 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1046, 1047, 1048, 1049, 1050, 1052, 1053, 1054, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1079, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1099, 1100, 1101 and HOUSE JOINT RESOLUTION 86 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. SENATE BILL 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 McKeon, SENATE BILL 1240 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: 105, Yeas; 8, Nays; 3, Answering Present. (ROLL CALL 4) 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.
35 [November 21, 2002] HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, HOUSE BILL 4736 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. At the hour of 12:45 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to HOUSE JOINT RESOLUTION 89, the House stood adjourned until Tuesday, December 3, 2002, at 1:00 o'clock p.m.
[November 21, 2002] 36 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 21, 2002 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER 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 P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS E KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL E OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
37 [November 21, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4938 STATE RECORDS-VARIOUS ACCEPT AMENDATORY VETO PREVAILED NOV 21, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER 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 Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL E OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 21, 2002] 38 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2787 MANAGED CARE PLAN ACT TECHNICL THIRD READING PASSED NOV 21, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER 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 Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL E OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
39 [November 21, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1240 SCH CD-ST BD ED-IMPLEMENT-TECH THIRD READING PASSED NOV 21, 2002 105 YEAS 8 NAYS 3 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN N 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 N MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN P MILLER Y STEPHENS N COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN P HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW N JEFFERSON P MORROW Y WATSON Y CROSS N JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE N JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH N DAVIS,MONIQUE Y KOSEL E OSMOND N YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 21, 2002] 40 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4736 PUBLIC AID-TECH THIRD READING PASSED NOV 21, 2002 115 YEAS 1 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 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 Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER 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 Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL E OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence