STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
24TH LEGISLATIVE DAY
TUESDAY, MARCH 13, 2001
12:00 O'CLOCK NOON
NO. 24
[March 13, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 24th Legislative Day Action Page(s) Adjournment........................................ 38 Balanced Budget & Impact Note Requested............ 8 Change of Sponsorship.............................. 8 Committee on Rules Reassignments................... 6 Committee on Rules Referrals....................... 6 Correctional Budget & Impact Notes Supplied........ 8 Fiscal Notes Requested............................. 6 Fiscal Notes Supplied.............................. 6 Home Rule Note Supplied............................ 7 Home Rule Notes Requested.......................... 7 Housing Affordability Impact Note Requested........ 7 Housing Affordability Impact Notes Supplied........ 7 Judicial Impact Note Requested..................... 7 Judicial Notes Supplied............................ 7 Land Conveyance Appraisal Note Supplied............ 7 Pension Impact Notes Supplied...................... 7 Quorum Roll Call................................... 5 State Debt Impact Note Requested................... 7 State Debt Impact Notes Supplied................... 7 State Mandate Notes Requested...................... 6 State Mandate Notes Supplied....................... 7 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 0002 Second Reading - Amendment/s....................... 14 HB 0025 Committee Report-Floor Amendment/s................. 5 HB 0027 Second Reading..................................... 14 HB 0060 Committee Report-Floor Amendment/s................. 5 HB 0080 Committee Report-Floor Amendment/s................. 5 HB 0131 Committee Report-Floor Amendment/s................. 5 HB 0136 Second Reading..................................... 14 HB 0144 Committee Report-Floor Amendment/s................. 5 HB 0190 Committee Report-Floor Amendment/s................. 5 HB 0200 Committee Report-Floor Amendment/s................. 5 HB 0274 Committee Report-Floor Amendment/s................. 5 HB 0282 Committee Report-Floor Amendment/s................. 5 HB 0312 Second Reading..................................... 14 HB 0335 Committee Report-Floor Amendment/s................. 5 HB 0397 Committee Report-Floor Amendment/s................. 5 HB 0400 Committee Report-Floor Amendment/s................. 5 HB 0417 Second Reading - Amendment/s....................... 15 HB 0438 Second Reading - Amendment/s....................... 17 HB 0439 Second Reading - Amendment/s....................... 18 HB 0445 Committee Report-Floor Amendment/s................. 5 HB 0446 Committee Report-Floor Amendment/s................. 5 HB 0453 Committee Report-Floor Amendment/s................. 5 HB 0677 Committee Report-Floor Amendment/s................. 5 HB 0686 Second Reading - Amendment/s....................... 20 HB 0732 Second Reading..................................... 34 HB 0759 Second Reading - Amendment/s....................... 21 HB 0857 Second Reading - Amendment/s....................... 21 HB 0862 Second Reading..................................... 14 HB 0909 Committee Report-Floor Amendment/s................. 5 HB 0916 Second Reading - Amendment/s....................... 34 HB 0982 Committee Report-Floor Amendment/s................. 5 HB 1011 Second Reading - Amendment/s....................... 21
3 [March 13, 2001] Bill Number Legislative Action Page(s) HB 1026 Committee Report-Floor Amendment/s................. 5 HB 1069 Second Reading - Amendment/s....................... 21 HB 1077 Committee Report-Floor Amendment/s................. 5 HB 1078 Committee Report-Floor Amendment/s................. 5 HB 1692 Second Reading - Amendment/s....................... 35 HB 1695 Second Reading - Amendment/s....................... 34 HB 1720 Second Reading..................................... 14 HB 1810 Committee Report-Floor Amendment/s................. 5 HB 1819 Committee Report-Floor Amendment/s................. 5 HB 1842 Second Reading..................................... 14 HB 1844 Second Reading..................................... 14 HB 1900 Committee Report-Floor Amendment/s................. 5 HB 1907 Second Reading..................................... 14 HB 1954 Second Reading..................................... 14 HB 1957 Second Reading..................................... 14 HB 1968 Second Reading..................................... 14 HB 1972 Second Reading..................................... 14 HB 1988 Second Reading..................................... 14 HB 2000 Second Reading..................................... 14 HB 2001 Second Reading..................................... 14 HB 2087 Second Reading..................................... 14 HB 2088 Second Reading..................................... 14 HB 2139 Second Reading..................................... 14 HB 2143 Second Reading..................................... 35 HB 2179 Second Reading..................................... 14 HB 2189 Second Reading..................................... 14 HB 2221 Second Reading..................................... 14 HB 2237 Second Reading - Amendment/s....................... 35 HB 2255 Second Reading..................................... 14 HB 2276 Second Reading..................................... 14 HB 2280 Second Reading..................................... 14 HB 2301 Second Reading..................................... 14 HB 2379 Second Reading..................................... 14 HB 2380 Second Reading..................................... 14 HB 2384 Second Reading..................................... 14 HB 2391 Second Reading - Amendment/s....................... 36 HB 2392 Second Reading..................................... 14 HB 2396 Second Reading..................................... 14 HB 2398 Second Reading..................................... 14 HB 2436 Second Reading..................................... 14 HB 2550 Second Reading..................................... 14 HB 2564 Second Reading..................................... 14 HB 3016 Second Reading..................................... 14 HB 3037 Second Reading..................................... 14 HB 3048 Second Reading..................................... 37 HB 3049 Second Reading..................................... 14 HB 3113 Second Reading..................................... 14 HB 3535 Action on Motion................................... 37 HJR 0016 Resolution......................................... 13 HR 0096 Committee Report................................... 5 HR 0096 Resolution......................................... 12 HR 0102 Resolution......................................... 12 HR 0107 Resolution......................................... 13 HR 0115 Agreed Resolution.................................. 9 HR 0117 Agreed Resolution.................................. 9 HR 0119 Agreed Resolution.................................. 10 HR 0121 Agreed Resolution.................................. 11 HR 0123 Agreed Resolution.................................. 11 SB 0281 First Reading...................................... 37 SB 0305 First Reading...................................... 37 SB 0758 First Reading...................................... 37 SB 0758 Senate Message - Passage of Senate Bill............ 8 SB 0866 First Reading...................................... 37 SB 0867 First Reading...................................... 37
[March 13, 2001] 4 Bill Number Legislative Action Page(s) SB 0870 First Reading...................................... 37 SB 0915 First Reading...................................... 37
5 [March 13, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Mike Fogerson of the First Baptist church of Chester in Chester, Illinois. Representative Tenhouse 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, Representative Stephens was excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Tenhouse replaced Representative Moffitt in the Committee on Aging on March 8, 2001. Representative Jones replaced Representative Brady in the Committee on Judiciary II - Criminal Law on March 8, 2001. Representative Ryder replaced Representative Stephens in the Committee on Appropriations - Public Safety on March 7, 2001. Representative Bassi replaced Representative Pankau in the Committee on State Government Administration on March 7, 2001. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 96. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 25. Amendment No. 2 to HOUSE BILL 60. Amendment No. 1 to HOUSE BILL 80. Amendment No. 1 to HOUSE BILL 131. Amendment No. 1 to HOUSE BILL 144. Amendment No. 2 to HOUSE BILL 190. Amendment No. 1 to HOUSE BILL 200. Amendment No. 2 to HOUSE BILL 274. Amendment No. 2 to HOUSE BILL 282. Amendment No. 4 to HOUSE BILL 335. Amendment No. 1 to HOUSE BILL 397. Amendment No. 2 to HOUSE BILL 400. Amendment No. 3 to HOUSE BILL 445. Amendment No. 1 to HOUSE BILL 446. Amendment No. 3 to HOUSE BILL 453. Amendment No. 1 to HOUSE BILL 677. Amendment No. 1 to HOUSE BILL 909. Amendment No. 1 to HOUSE BILL 982. Amendment No. 2 to HOUSE BILL 1026. Amendment No. 1 to HOUSE BILL 1077. Amendment No. 1 to HOUSE BILL 1078. Amendment No. 1 to HOUSE BILL 1810. Amendment No. 1 to HOUSE BILL 1819. Amendment No. 4 to HOUSE BILL 1900. The committee roll call vote on the foregoing legislative measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art
[March 13, 2001] 6 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 Aging: and House Amendments 1, 2 and 3 to HOUSE BILL 596. Committee on Child Support Enforcement: House Amendment 3 to HOUSE BILL 84. Committee on Elementary & Secondary Education: House Amendments numbered 2 and 3 to HOUSE BILL 646. Committee on Energy & Environment: House Amendment 2 to HOUSE BILL 63. Committee on Judiciary I-Civil Law: House Amendments 1 and 2 to HOUSE BILL 591 and House Amendment 1 to HOUSE BILL 593. Committee on State Government Administration: House Amendment 1 to HOUSE BILL 305. Committee on Urban Revitalization: House Amendment 1 to HOUSE BILL 479. COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled: HOUSE BILL 3330 from the Committee on Executive and reassigned it to the Committee on Agriculture. HOUSE BILL 3535 from the Committee on Judiciary II-Criminal Law and reassigned it to the Committee on Judiciary I-Civil Law. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 850, 852, 945, 1081, as amended, 2155, 2227, 2382 and 3066, as amended. Representative Parke requested that a Fiscal Note be supplied for HOUSE BILL 2204. Representative Osmond requested that a Fiscal Note be supplied for HOUSE BILL 732. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 299, as amended, 300, as amended, 301, as amended, 480, 550, 594, 598, 800, as amended, 899, 934, 934, as amended, 971, 1041, 1069, 1706, 1709, 1734, 1738, 1778, 1785, 1791, 1889, 1907, 1934, 1941, 1944, 1946, 2005, 2008, 2011, 2047, 2090, 2178, 2218, 2236, 2239, 2253, 2254, 2256, 2294, 2296, 2307, 2315, 2361, 2393, 2431, 2439, 2451, 2455, 2518, 2520, 2534, 3014, 3015, 3024, 3030, 3032, 3036, 3051, 3070, 3154, 3343 and 3368. REQUEST FOR STATE MANDATE NOTES Representative Black requested that State Mandate Notes be supplied for HOUSE BILLS 211, 850, 852, 945, 1081, as amended, 1704, 2155, 2236, 2382 and 3066, as amended. Representative Parke requested that a State Mandate Note be supplied for HOUSE BILL 2204.
7 [March 13, 2001] STATE MANDATE NOTES SUPPLIED State Mandate Notes have been supplied for HOUSE BILLS 473, 849, 934, as amended, 2411 and 3036. REQUEST FOR JUDICIAL IMPACT NOTE Representative Black requested that a Judicial Impact Note be supplied for HOUSE BILL 211. JUDICIAL NOTES SUPPLIED Judicial Notes have been supplied for HOUSE BILLS 299, as amended, 300, as amended, 301, as amended and 2256. REQUEST FOR HOME RULE NOTES Representative Black requested that Home RUle Notes be supplied for HOUSE BILLS 850, 852, 945, 1081, as amended and 2236. HOME RULE NOTE SUPPLIED Home Rule Notes have been supplied for HOUSE BILLS 473 and 2523. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Black requested that a Housing Affordability Impact Note be supplied for HOUSE BILL 2227. HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED Housing Affordability Impact Notes have been supplied for HOUSE BILLS 971 and 1706. PENSION IMPACT NOTES SUPPLIED Pension Impact Notes have been supplied for HOUSE BILLS 615, 724, 1740, 1899, 1996, 1997, 2142, 2157, 2210, 2212, 2311, 2364, 2365, 2366, 2368, 2369, 2370, 2371, 3187, 3310, 3361 and 3362. REQUEST FOR STATE DEBT IMPACT NOTE Representative Osmond requested that a State Debt Impact Note be supplied for HOUSE BILL 732. STATE DEBT IMPACT NOTES SUPPLIED State Debt Impact Notes have been supplied for HOUSE BILLS 3171, 3489 and 3490. LAND CONVEYANCE APPRAISAL NOTE SUPPLIED A Land Conveyance Appraisal Note has been supplied for HOUSE BILL 3024.
[March 13, 2001] 8 CORRECTIONAL BUDGET & IMPACT NOTES SUPPLIED Correctional Budget & Impact Notes have been supplied for HOUSE BILLS 896, 1713, 1941, 1946, 2011, 2294, 2296, 2315, 3032 and 3154. REQUEST FOR BALANCED BUDGET & IMPACT NOTE Representative Osmond requested that a Balanced Budget & Impact Note be supplied for HOUSE BILL 732. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 758 A bill for AN ACT regarding appropriations. Passed by the Senate, March 8, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 758 was ordered printed and to a First Reading. CHANGE OF SPONSORSHIP Representative Monique Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Collins asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1883. Representative Howard asked and obtained unanimous consent to be removed as chief sponsor and Representative Lou Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1920. Representative Biggins asked and obtained unanimous consent to be removed as chief sponsor and Representative Poe asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2996. Representative Crotty asked and obtained unanimous consent to be removed as chief sponsor and Representative Bassi asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3016. Representative Brosnahan asked and obtained unanimous consent to be removed as chief sponsor and Representative Flowers asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3141. Representative Currie asked and obtained unanimous consent to be removed as chief sponsor and Representative Miller asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3142. Representative Currie asked and obtained unanimous consent to be removed as chief sponsor and Representative Stroger asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3151. Representative Currie asked and obtained unanimous consent to be removed as chief sponsor and Representative Yarbrough asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3327. Representative Tenhouse asked and obtained unanimous consent to be removed as chief sponsor and Representative Curry asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3363. Representative Schoenberg asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and
9 [March 13, 2001] obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3525. Representative John Jones asked and obtained unanimous consent to be removed as chief sponsor and Representative Reitz asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 104. Representative Franks asked and obtained unanimous consent to be removed as chief sponsor and Representative Flowers asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1817. Representative Schoenberg asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3525. Representative Howard asked and obtained unanimous consent to be removed as chief sponsor and Representative Stroger asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1848. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 115 Offered by Representative Steve Davis: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize acts of outstanding community service by a citizen of the State of Illinois; and WHEREAS, It has come to our attention that Steve Geroff of Granite City, Illinois, has been named as one of the State's top student volunteers in the sixth annual Prudential Spirit of Community Awards, a nationwide program in partnership with the National Association of Secondary School Principals that recognizes young people for outstanding community service; and WHEREAS, Steve Geroff is a senior at Granite City High School in Granite City, Illinois; he is the son of proud parents, Robert and Rosemary Geroff; and WHEREAS, As part of the Moose Youth Awareness Program, Steve Geroff created a program entitled "Kid's Talk", a presentation given to groups of four to nine year old children in the Granite City community; the presentation helps these children become aware of the dangers surrounding them, and how they can make healthy choices to resist these dangers; to date, Steve has spent approximately 750 hours on his project; and WHEREAS, Steve Geroff is active in the Boys Scouts of America, where he recently attained the rank of Eagle Scout; at a ceremony, the local Loyal Order of the Moose Lodge presented him with an award and encouraged Steve to represent the Order in a Youth Awareness Program; and WHEREAS, Steve Geroff has displayed extraordinary commitment to serving his community with his talents; he has demonstrated an outstanding record of volunteer service, peer leadership and community spirit; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Steve Geroff for achieving national recognition for exemplary volunteer service by receiving a 2001 Prudential Spirit Of Community Award; and be it further RESOLVED, That a suitable copy of this resolution be presented to Steve Geroff as an expression of our esteem. HOUSE RESOLUTION 117 Offered by Representative Schmitz: WHEREAS, The members of the Illinois House of Representatives are pleased to honor businesses in the State of Illinois that have been the
[March 13, 2001] 10 recipient of accolades from their peers; and WHEREAS, Kelmscott Press, Inc. in Aurora, Illinois, recently was named a "Best of the Best" workplace by Graphic Arts Monthly magazine; and WHEREAS, This award is given to companies identified as "superior workplaces for their programs in work environment and culture, training and development opportunities, personal/work-life balance, employee financial security, employee recognition and rewards, and health and well-being"; and WHEREAS, In July of 1938, Kelmscott Press was incorporated under the laws of the State of Illinois as the Kelmscott Corporation, with John M. Strotz as president; Mrs. Strotz succeeded her husband as president after his death, with W.I. Reeves as vice president and general manager; in 1963 the company was incorporated as Kelmscott Press, Inc., with W.I. Reeves elected as president, Thomas Reeves as vice president, and Loren Strotz as secretary-treasurer; in 1975 the Strotz interest in the company was purchased from the Strotz estate and W.I. Reeves was elected chairman of the Board, with Thomas W. Reeves as president; in 1985 Thomas and Roberta Reeves bought the interest in the business owned by W.I. Reeves to become the current owners of Kelmscott Press, Inc.; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Kelmscott Press, Inc. on being named a "Best of the Best" workplace by Graphic Arts Monthly magazine; and be it further RESOLVED, That a suitable copy of this resolution be presented to Thomas Reeves. HOUSE RESOLUTION 119 Offered by Representative Durkin: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school sports in the State of Illinois; and WHEREAS, The Fenwick High School Girls Varsity Basketball Team, the Friars, won the IHSA State Class AA Girls Basketball Championship held in Redbird Arena in Normal, Illinois, on March 3, 2001; and WHEREAS, The Friars met the challenge by first defeating their archrival, the Marshall Commandos, in the quarterfinal game by the score of 63-54; they then defeated the New Trier Trevians in the semi-final game by the score of 56-42; finally, they faced the Neuqua Valley Wildcats in the final game; in the end, the Wildcats were defeated by the final score of 65-32, the most one-sided victory in Class AA history; and sending home the Friars with the school's first State Girls Basketball Championship; and WHEREAS, The Friars victory capped off an outstanding season; the 2000-2001 Fenwick Friars squad was ranked number one not only in the State of Illinois, but also in the country; and WHEREAS, The coach of the Fenwick Friars, Dave Power, became the first coach in Illinois history to win State basketball championships with two different schools, Fenwick in 2001 and Immaculate Heart of Mary in 1987; he also picked up the 500th victory of his career during the playoffs; and WHEREAS, The Friars team consists of Nicole Rivera, Kristin Heidloff, Breanne Smilie, Ravon Gengler, Amy Atchison, Julie Van Grinsven, Jackie Konrad, Erin Walsh, Michele Szatko, Margeret Knap, Elizabeth Marino, Courtney Harvey, Casey Walsh, Claudette Towers, Sarah Kwasinski, Erin Lawless, Jennifer Krauss, Sarah Bulvan, and Traci Pawlak; they were led by coach Dave Power and assistant coaches Jana Mathis, Bill Power, John Weaver, and Dale Heidloff; the team ended the season with 36 wins and 2 losses; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Friars, the Fenwick High School Girls Varsity Basketball Team, on winning the 2001 IHSA State Class AA Girls Basketball Championship; and be it further
11 [March 13, 2001] RESOLVED, That a suitable copy of this resolution be presented to the principal of Fenwick High School James J. Quaid, Ph.D., the coach of the Fenwick Friars, Dave Power; assistant coaches, Jana Mathis, Bill Power, John Weaver, and Dale Heidloff; and to each member of the 2001 IHSA State Class AA Girls Basketball Championship team. HOUSE RESOLUTION 121 Offered by Representative Hamos - Schoenberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, At the Annual Benefit Dinner held on March 30, 2001, the Board of Directors of the Youth Job Center of Evanston will honor Founder and Executive Director, Ann W. Jennett, who will be retiring this year; and WHEREAS, The mission of the Youth Job Center of Evanston is "to provide employment assistance and related counseling services, the goal of which is stable, progressive employment for Evanston youth, especially those who are at risk"; and WHEREAS, Ann Jennett established the Youth Job Center in 1983; the center has flourished into a multi-faceted agency that has acted on the needs of the community; and WHEREAS, Through Ann Jennett's leadership, the Youth Job Center has provided job placement services along with pre-employment and post-employment counseling to over 10,000 of Evanston's young people; programs that the center provides for its clients include the Summer Tutors Program for its younger clients and a series of ongoing four week job-readiness training courses, which precede job placement and full-time employment, that are specifically designed for adults, including welfare and public aid recipients; the center also runs an outpost at Evanston High School in order to broaden its outreach to youth in need of employment services; and WHEREAS, Since its establishment in 1983, the Youth Job Center's staff has expanded from two employees to a group of five full-time and five part-time employees who are overseen by a diverse and dedicated board of directors; and WHEREAS, After a successful and rewarding 25 years of youth employment work, of which 18 were dedicated to the Youth Job Center of Evanston, Ann Jennett will be resigning from her duties as Executive Director; it was with her passion and commitment that she established this center geared in helping build the futures for the youth of Evanston; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Ann Jennett for her hard work and commitment to the Evanston youth by establishing services that will help build their futures in the workplace, and we wish her well in all of her endeavors as she resigns from an outstanding eighteen-year career as Executive Director of the Youth Job Center in Evanston; and be it further RESOLVED, That a suitable copy of this resolution be presented to Ann Jennett as an expression of our esteem. HOUSE RESOLUTION 123 Offered by Representative Miller: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Wardell Evelyn Jackson, who passed away on December 4, 2000; and WHEREAS, Wardell Evelyn Jackson was born on January 28, 1922 in Roberta, Georgia, to the late Sylvester and Evelyn Appling; she was married to the late David Jackson; and WHEREAS, Mrs. Jackson graduated from Overbrook High School in Philadelphia, Pennsylvania, and she attended the Cortez Peters Business School; she was employed at both Spiegel's and Walter Heller Co.; she was also Assistant Administrator for Health Services at Olive Harvey
[March 13, 2001] 12 College and an Office Manager for 13 years at her daughter's dental practice; and WHEREAS, Mrs. Jackson was a member of the Willing Worker's club at Mt. Calvary M.B. Church, served on the Pastor's Aide Committee and Mother's Board at St. John M.B. Church, and was a Sunday school teacher and choir member at St. Matthew A.M.E. Church; she also served as a crossing guard for the City of Chicago in the Morgan Park community; and WHEREAS, The passing of Wardell Evelyn Jackson will be deeply felt by all who knew and loved her, especially her children, Karol, Don, Errol, Dexter, and Marilyn; her 15 grandchildren; her 13 great-grandchildren; and a host of nieces, nephews, relatives, and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Wardell Evelyn Jackson of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Wardell Evelyn Jackson with our sincere condolences. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 96 Offered by Representative Hoffman: WHEREAS, The Railroad Retirement and Survivors Improvement Act of 2000 was approved in a bipartisan effort by 391 members of the United States House of Representatives in the 106th Congress, including 19 of the 20 Illinois members of the United States House of Representatives; and WHEREAS, More than 80 United States Senators, including both Illinois Senator Richard Durbin and Illinois Senator Peter Fitzgerald, signed letters of support for this legislation in 2000; and WHEREAS, The bill, now before the 107th Congress, modernizes the railroad retirement system for its 748,000 beneficiaries nationwide, including nearly 50,000 in Illinois; and WHEREAS, Railroad management, labor, and retiree organizations have agreed to support this legislation; and WHEREAS, This legislation provides tax relief to freight railroads, Amtrak, and commuter lines; and WHEREAS, This legislation provides benefit improvements for surviving spouses of rail workers who currently suffer deep cuts in income when the rail retiree dies; and WHEREAS, No outside contributions from taxpayers are needed to implement the changes called for in this legislation; and WHEREAS, All changes will be paid for from within the railroad industry, including a full share by active employees; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the General Assembly urges the United States Congress to support the Railroad Retirement and Survivors Improvement Act in the 107th Congress; and be it further RESOLVED, That copies of this resolution be delivered to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and all members of the Illinois congressional delegation. HOUSE RESOLUTION 102 Offered by Representative Crotty: WHEREAS, The citizens of Illinois are facing increased energy costs; and WHEREAS, The cost of gas has widespread ramifications upon the
13 [March 13, 2001] economic performance of the State of Illinois; and WHEREAS, The cost of gas affects numerous citizens throughout Illinois; and WHEREAS, The billing practices of utilities selling gas may have an exacerbated effect on the monthly budgets of citizens by inaccurately estimating usage by customers and by being based upon inaccurate metering devices; and WHEREAS, Citizens of this State should not be financially or otherwise penalized because of inaccurate billing practices; and WHEREAS, The combined effect of increased prices and inaccurate billing can result in adverse economic effects in communities throughout the State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Commerce Commission to conduct hearings into the billing practices of public utilities providing gas service to consumers in Illinois; and be it further RESOLVED, That the Illinois Commerce Commission obtain testimony regarding the practices of public utilities providing gas service regarding meter reading including, but not limited to, procedures employed to maintain the accuracy of meters and the guidelines that govern the practice of using estimates in issuing utility bills; and be it further RESOLVED, That Illinois Commerce Commission report its findings and recommendations to the General Assembly by October 1, 2001; and be it further RESOLVED, That a copy of this resolution be presented to the Chairman of the Illinois Commerce Commission. HOUSE RESOLUTION 107 Offered by Representative Mautino: WHEREAS, With the influx of illegally dumped foreign steel into America, the market has weakened to the extent that 14 American steel companies have filed for bankruptcy in the last three years; and WHEREAS, Each year, LTV Steel's Hennepin Works pays approximately $15.2 million in State and local taxes, donates $50,000 in charitable contributions, and spends more than $35 million in purchases from more than 360 Illinois businesses; and WHEREAS, If America should lose the steel mills, we as a country, will lose the ability to defend ourselves during times of war and will lose our economic strength in the global marketplace; and WHEREAS, America cannot succeed if foreign countries control our nation's steel supply; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the President of the United States and all other elected officials to support Hennepin Works' fight against the unfair trade of foreign steel that has damaged our economy; and be it further RESOLVED, That a suitable copy of this resolution be presented the the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of the Illinois congressional delegation. HOUSE JOINT RESOLUTION 16 Offered by Representative Poe: WHEREAS, Effective January 1, 1990, all motorists in the State of Illinois are prohibited from operating any vehicle unless a liability insurance policy covering the vehicle is in effect and proof of such coverage is carried by the operator of the vehicle; and WHEREAS, Subsequent additions to the mandatory vehicle insurance laws have required sampling of previous violators, increased reinstatement fees, safety responsibility insurance coverage, and one-time only court supervision for uninsured motorists; and WHEREAS, The Department of Insurance estimates that as of 1998,
[March 13, 2001] 14 4.3% of the motorists in Illinois failed to acquire the legally required motor vehicle insurance; and WHEREAS, Insured motorists in Illinois pay additional premiums for uninsured motorists coverage and often are required to pay deductibles for accidents involving uninsured motorists; and WHEREAS, Additional steps such as showing proof of insurance at the time of registering or renewing a vehicle's registration may aid in further reducing the number of uninsured in Illinois; and WHEREAS, Further studying the effectiveness of the current mandatory insurance laws and potential future legislation may help to reduce the number of uninsured motorists; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is hereby created a task force entitled the Mandatory Insurance Advisory Task Force comprised of 12 members, with the Speaker of the House, the Minority Leader of the House, the President of the Senate, and the Minority Leader of the Senate each appointing 2 members and the Governor appointing 4 members, with such membership to include representatives of the insurance industry and insurance consumers as well as members of the Illinois General Assembly; and be it further RESOLVED, That the task force shall study the effectiveness of the current mandatory insurance provisions and any possible further steps which may be taken to further reduce the number of uninsured motorists in Illinois; and be it further RESOLVED, That such task force shall present its findings to the House of Representatives and the Senate no later than January 10, 2002. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 27, 136, 312, 862, 1720, 1842, 1844, 1907, 1954, 1957, 1968, 1972, 1988, 2000, 2001, 2087, 2088, 2139, 2179, 2189, 2221, 2255, 2276, 2280, 2301, 2379, 2380, 2384, 2392, 2396, 2398, 2436, 2550, 2564, 3016, 3037, 3049 and 3113. HOUSE BILL 2. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2 AMENDMENT NO. 1. Amend House Bill 2 as follows: on page 1, by deleting lines 4 through 31; and on page 2, by deleting lines 1 through 34; and on page 3, by deleting lines 1 through 16; and on page 8, by deleting lines 11 through 19; and on page 9, by replacing lines 13 through 21 with the following: "material."; and on page 9, by replacing lines 30 through 33 with the following: "campaign."; and on page 10, by deleting line 1; and on page 10, line 3, by deleting "; transfer of funds"; and on page 10, by deleting lines 27 through 33. The following Amendment was offered in the Committee on Environment & Energy, adopted and printed. AMENDMENT NO. 2 TO HOUSE BILL 0002 AMENDMENT NO. 2. Amend House Bill 0002 as follows: on page 3, in line 18, before "25,", by inserting "10,"; and
15 [March 13, 2001] on page 3, below line 19, by inserting the following: "(415 ILCS 120/10) Sec. 10. Definitions. As used in this Act: "Agency" means the Environmental Protection Agency. "Alternate fuel" means liquid petroleum gas, natural gas, E85 blend fuel, fuel composed of a minimum 80% ethanol, bio-based methanol, fuels that are at least 70% derived from biomass, or electricity. "Alternate fuel vehicle" means any vehicle that is operated in Illinois and is capable of using an alternate fuel. "Conventional", when used to modify the word "vehicle", "engine", or "fuel", means gasoline or diesel or any reformulations of those fuels. "Covered Area" means the counties of Cook, DuPage, Kane, Lake, McHenry, and Will and those portions of Grundy County and Kendall County that are included in the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1998: 60416, 60444, 60447, 60450, 60481, 60538, and 60543. "Director" means the Director of the Environmental Protection Agency. "Domestic renewable fuel" means a fuel, produced in the United States, composed of a minimum 80% ethanol, bio-based methanol, and fuels derived from bio-mass. "E85 blend fuel" means fuel that contains 85% ethanol and 15% gasoline. "GVWR" means Gross Vehicle Weight Rating. "Location" means (i) a parcel of real property or (ii) multiple, contiguous parcels of real property that are separated by private roadways, public roadways, or private or public rights-of-way and are owned, operated, leased, or under common control of one party. "Original equipment manufacturer" or "OEM" means a manufacturer of alternate fuel vehicles or a manufacturer or remanufacturer of alternate fuel engines used in vehicles greater than 8500 pounds GVWR. "Rental vehicle" means any motor vehicle that is owned or controlled primarily for the purpose of short-term leasing or rental pursuant to a contract. (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 91-357, eff. 7-29-99.)"; and on page 12 by replacing lines 17 and 18 with the following: "other revenues, deposits, State appropriations, contributions, grants, gifts, bequests, legacies of money and securities, or transfers as provided by law from, without limitation, governmental entities, private sources, foundations, trade associations, industry organizations, and not-for-profit organizations.". There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 417. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Conservation & Land Use, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 417 AMENDMENT NO. 1__. Amend House Bill 417 by replacing everything after the enacting clause with the following: "Section 5. The Wildlife Code is amended by changing Sections 2.25 and 2.26 as follows: (520 ILCS 5/2.25) (from Ch. 61, par. 2.25) Sec. 2.25. It shall be unlawful for any person to take deer except (i) with a shotgun or muzzleloading rifle or (ii) as provided by administrative rule, with a bow and arrow, or crossbow device for handicapped persons as defined in Section 2.33, during the open season that
[March 13, 2001] 16 Director
17 [March 13, 2001] having membership in, and accreditation conferred by, a professional association of outfitters approved by the Department. The association shall be responsible for setting professional standards and codes of conduct for its membership, subject to Departmental approval. In addition to the fee normally charged for resident and nonresident permits, a reservation fee not to exceed $200 shall be charged to the outfitter for each permit set aside in accordance with this Act. The reservation fee shall be deposited into the Wildlife and Fish Fund. The standards and specifications for use of guns and bow and arrow for deer hunting shall be established by administrative rule. No person may have in his possession while hunting deer any type of gun
[March 13, 2001] 18 on page 3, after line 3, by inserting the following: "(225 ILCS 107/60) Sec. 60. Fees. The fees imposed under this Act shall be set by rule
19 [March 13, 2001] Section 10. The Environmental Protection Act is amended by adding Section 58.13a as follows: (415 ILCS 5/58.13a new) Sec. 58.13a. Distressed Communities and Industries Grant Fund. (a) The Director of the Agency or his or her designee, subject to other applicable provisions of this Title XVII, may issue a grant to any entity for the purpose of paying the allowable costs needed to cause an eligible project to occur, including, but not limited to, demolition, remediation, site preparation remediation, or site investigation costs, subject to the following conditions: (1) The project otherwise qualifies as an eligible project in accordance with Section 58.14 and is economically sound. (2) Twenty-five percent of all grant funds will be made available to counties with populations over 2,000,000 and the remaining grant funds will be disbursed throughout the State. (3) The proposed recipient of the grant given under this Section is unable to finance the entire cost of the project through ordinary financial channels. (4) When completed, the eligible project is projected to involve an investment of at least an amount (to be expressly specified by the Agency) in capital improvements to be placed in service and will employ at least an amount (to be expressly specified by the Agency) of new employees within the State, provided that the Agency has determined that the project will provide a substantial economic benefit to the State. This projection shall be made by the proposed recipient and confirmed by the Agency. (5) The amount to be issued in a grant shall not exceed $1,000,000 or 100% of the allowable cost, whichever is less. In no event, however, may the total financial assistance provided under this Section, Section 58.14, and Section 201 of the Illinois Income Tax Act exceed the allowable cost. (6) Priority for grants issued under this Section shall be given to areas with high levels of poverty, where the unemployment rate exceeds the State average, where an enterprise zone exists, or where the area is otherwise economically depressed as determined by the Department of Commerce and Community Affairs. (b) The determinations of the Agency under this Section shall be conclusive for purposes of the validity of a grant agreement signed by the Director of the Agency. (c) Grants issued under this Section shall be such as the Agency determines to be appropriate and in furtherance of the purpose for which the grants are made. The moneys used in making the grants shall be disbursed from the Distressed Communities and Industries Grant Fund upon written order of the Agency. (d) The grants issued under this Section shall be used for the purposes approved by the Agency. In no event, however, shall the grant money be used to hire or pay additional employees of the grant recipient. (e) The Agency may fix service charges for the making of a grant to offset its costs of administering the program and processing grant applications. The charges shall be payable at such time and place and in such amounts and manner as may be prescribed by the Agency. (f) In the exercise of the sound discretion of the Agency, the grant described in this Section may be terminated, suspended, or revoked if the grant recipient fails to continue to meet the conditions set forth in this Section. In making such a determination, the Agency shall consider the severity of the condition violation, actions taken to correct the violation, the frequency of any condition violations, and whether the actions exhibit a pattern of conduct by the recipient. The Agency shall also consider changes in general economic conditions affecting the project. In the event the grant recipient fails to repay the grant, the Agency shall refer the matter to the Attorney General to institute collection proceedings as appropriate. In any event, however, the Agency may immediately file a lien on the property that is the subject of the grant in accordance with applicable law.
[March 13, 2001] 20 (g) The Distressed Communities and Industries Grant Fund is created as a special fund in the State treasury. The Fund shall be used and administered by the Agency as provided in this Section and the rules adopted under this Section. The State Treasurer, ex officio, shall be the custodian of the Fund, and the Comptroller shall direct payments from the Fund upon vouchers properly certified by the Agency. All interest earned on moneys in the Fund shall be deposited into the Fund. The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, reimbursements, or payments for services, or other moneys made available to the State from any source for purposes of the Fund. These moneys shall be deposited into the Fund, unless otherwise required by this Act or by federal law. All moneys deposited into the Fund may, subject to appropriation, be used by the Agency for the purposes set forth in subdivision (a) of this Section and to cover the Agency's costs of program development and administration under this Section. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into those funds and accounts. Investment earnings on moneys held in the Distressed Communities and Industries Grant Fund, including any reserve fund or pledged fund, shall be deposited into the Distressed Communities and Industries Grant Fund. At least annually, the State Treasurer shall certify the amount deposited into the Fund to the Agency. Any portion of the Fund not immediately needed for the purposes authorized shall be invested by the State Treasurer as provided by the constitution and laws of this State. All income from the investments shall be credited to the Fund. (h) Within 6 months after the effective date of this amendatory Act of the 92nd General Assembly, the Agency shall propose rules and adopt prescribing procedures and standards for the administration of this Section. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 686. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Aging, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 686 AMENDMENT NO. 1. Amend House Bill 686 as follows: on page 1, line 6, by changing "5" to "3"; and on page 1, line 21, by replacing "10" with "25"; and on page 1, line 25, by deleting "Each county"; and on page 1, by deleting lines 26 through 28. AMENDMENT NO. 2 TO HOUSE BILL 686 AMENDMENT NO. 2. Amend House Bill 686 as follows: on page 3, by inserting between lines 8 and 9 the following: "Section 16. Publication of the names of police departments that comply or do not comply with Act. The Board shall annually publish a list of police departments that comply with this Act and shall annually publish a list of police departments that do not comply with this Act.". AMENDMENT NO. 3 TO HOUSE BILL 686
21 [March 13, 2001] AMENDMENT NO. 3. Amend House Bill 686 as follows: on page 1, by replacing lines 20 through 22 with the following: "Section 5. Elderly Service Officer; employment. By July 1, 2002, each police department and each county sheriff's office with at least 25 sworn police officers shall appoint a senior citizens"; and on page 2, line 7, after "instruction.", by inserting "The training of Elderly Service Officers must be done in a timely fashion, so that Elderly Service Officers may be appointed by July 1, 2002.". There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 759. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 759 AMENDMENT NO. 1. Amend House Bill 759 on page 11, line 31, after "inhabitants" by inserting "or located in a county that is contiguous to the county in which such a municipality is located". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 857. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 857 AMENDMENT NO. 1. Amend House Bill 857 as follows: on page 1, line 5, by changing "Sections 1 and" to "Section"; and by deleting lines 7 through 31 on page 1 and lines 1 through 6 on page 2. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1011. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Cities & Villages, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1011 AMENDMENT NO. 1. Amend House Bill 1011 on page 3, line 12, after "agreement.", by inserting the following: "No such intergovernmental agreement may authorize a municipality to exercise its zoning powers, other than powers that a municipality may exercise under Section 5-12001 of the Counties Code, with respect to land used for agricultural purposes.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1069. Having been printed, was taken up and read by title a second time.
[March 13, 2001] 22 The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1069 AMENDMENT NO. 1. Amend House Bill 1069 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Horse Racing Act of 1975 is amended by changing Section 26 as follows: (230 ILCS 5/26) (from Ch. 8, par. 37-26) Sec. 26. Wagering. (a) Any licensee may conduct and supervise the pari-mutuel system of wagering, as defined in Section 3.12 of this Act, on horse races conducted by an Illinois organization licensee or conducted at a racetrack located in another state or country and televised in Illinois in accordance with subsection (g) of Section 26 of this Act. Subject to the prior consent of the Board, licensees may supplement any pari-mutuel pool in order to guarantee a minimum distribution. Such pari-mutuel method of wagering shall not, under any circumstances if conducted under the provisions of this Act, be held or construed to be unlawful, other statutes of this State to the contrary notwithstanding. Subject to rules for advance wagering promulgated by the Board, any licensee may accept wagers in advance of the day of the race wagered upon occurs. (b) No other method of betting, pool making, wagering or gambling shall be used or permitted by the licensee. Each licensee may retain, subject to the payment of all applicable taxes and purses, an amount not to exceed 17% of all money wagered under subsection (a) of this Section, except as may otherwise be permitted under this Act. (b-5) An individual may place a wager under the pari-mutuel system from any licensed location authorized under this Act provided that wager is electronically recorded in the manner described in Section 3.12 of this Act. Any wager made electronically by an individual while physically on the premises of a licensee shall be deemed to have been made at the premises of that licensee. (c) Until January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be paid to the Illinois Veterans' Rehabilitation Fund of the State treasury, except as provided in subsection (g) of Section 27 of this Act. (c-5) Beginning January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be evenly distributed to the purse account of the organization licensee and the organization licensee. (d) A pari-mutuel ticket shall be honored until December 31 of the next calendar year, and the licensee shall pay the same and may charge the amount thereof against unpaid money similarly accumulated on account of pari-mutuel tickets not presented for payment. (e) No licensee shall knowingly permit any minor, other than an employee of such licensee or an owner, trainer, jockey, driver, or employee thereof, to be admitted during a racing program unless accompanied by a parent or guardian, or any minor to be a patron of the pari-mutuel system of wagering conducted or supervised by it. The admission of any unaccompanied minor, other than an employee of the licensee or an owner, trainer, jockey, driver, or employee thereof at a
23 [March 13, 2001] race track is a Class C misdemeanor. (f) Notwithstanding the other provisions of this Act, an organization licensee may contract with an entity in another state or country to permit any legal wagering entity in another state or country to accept wagers solely within such other state or country on races conducted by the organization licensee in this State. Beginning January 1, 2000, these wagers shall not be subject to State taxation. Until January 1, 2000, when the out-of-State entity conducts a pari-mutuel pool separate from the organization licensee, a privilege tax equal to 7 1/2% of all monies received by the organization licensee from entities in other states or countries pursuant to such contracts is imposed on the organization licensee, and such privilege tax shall be remitted to the Department of Revenue within 48 hours of receipt of the moneys from the simulcast. When the out-of-State entity conducts a combined pari-mutuel pool with the organization licensee, the tax shall be 10% of all monies received by the organization licensee with 25% of the receipts from this 10% tax to be distributed to the county in which the race was conducted. An organization licensee may permit one or more of its races to be utilized for pari-mutuel wagering at one or more locations in other states and may transmit audio and visual signals of races the organization licensee conducts to one or more locations outside the State or country and may also permit pari-mutuel pools in other states or countries to be combined with its gross or net wagering pools or with wagering pools established by other states. (g) A host track may accept interstate simulcast wagers on horse races conducted in other states or countries and shall control the number of signals and types of breeds of racing in its simulcast program, subject to the disapproval of the Board. The Board may prohibit a simulcast program only if it finds that the simulcast program is clearly adverse to the integrity of racing. The host track simulcast program shall include the signal of live racing of all organization licensees. All non-host licensees shall carry the host track simulcast program and accept wagers on all races included as part of the simulcast program upon which wagering is permitted. The costs and expenses of the host track and non-host licensees associated with interstate simulcast wagering, other than the interstate commission fee, shall be borne by the host track and all non-host licensees incurring these costs. The interstate commission fee shall not exceed 5% of Illinois handle on the interstate simulcast race or races without prior approval of the Board. The Board shall promulgate rules under which it may permit interstate commission fees in excess of 5%. The interstate commission fee and other fees charged by the sending racetrack, including, but not limited to, satellite decoder fees, shall be uniformly applied to the host track and all non-host licensees. (1) Between the hours of 6:30 a.m. and 6:30 p.m. an intertrack wagering licensee other than the host track may supplement the host track simulcast program with additional simulcast races or race programs, provided that between January 1 and the third Friday in February of any year, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, only thoroughbred races may be used for supplemental interstate simulcast purposes. The Board shall withhold approval for a supplemental interstate simulcast only if it finds that the simulcast is clearly adverse to the integrity of racing. A supplemental interstate simulcast may be transmitted from an intertrack wagering licensee to its affiliated non-host licensees. The interstate commission fee for a supplemental interstate simulcast shall be paid by the non-host licensee and its affiliated non-host licensees receiving the simulcast. (2) Between the hours of 6:30 p.m. and 6:30 a.m. an intertrack wagering licensee other than the host track may receive supplemental interstate simulcasts only with the consent of the host track, except when the Board finds that the simulcast is clearly adverse to the integrity of racing. Consent granted under this paragraph (2) to any intertrack wagering licensee shall be
[March 13, 2001] 24 deemed consent to all non-host licensees. The interstate commission fee for the supplemental interstate simulcast shall be paid by all participating non-host licensees. (3) Each licensee conducting interstate simulcast wagering may retain, subject to the payment of all applicable taxes and the purses, an amount not to exceed 17% of all money wagered. If any licensee conducts the pari-mutuel system wagering on races conducted at racetracks in another state or country, each such race or race program shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax of that daily handle as provided in subsection (a) of Section 27. Until January 1, 2000, from the sums permitted to be retained pursuant to this subsection, each intertrack wagering location licensee shall pay 1% of the pari-mutuel handle wagered on simulcast wagering to the Horse Racing Tax Allocation Fund, subject to the provisions of subparagraph (B) of paragraph (11) of subsection (h) of Section 26 of this Act. (4) A licensee who receives an interstate simulcast may combine its gross or net pools with pools at the sending racetracks pursuant to rules established by the Board. All licensees combining their gross pools at a sending racetrack shall adopt the take-out percentages of the sending racetrack. A licensee may also establish a separate pool and takeout structure for wagering purposes on races conducted at race tracks outside of the State of Illinois. The licensee may permit pari-mutuel wagers placed in other states or countries to be combined with its gross or net wagering pools or other wagering pools. (5) After the payment of the interstate commission fee (except for the interstate commission fee on a supplemental interstate simulcast, which shall be paid by the host track and by each non-host licensee through the host-track) and all applicable State and local taxes, except as provided in subsection (g) of Section 27 of this Act, the remainder of moneys retained from simulcast wagering pursuant to this subsection (g), and Section 26.2 shall be divided as follows: (A) For interstate simulcast wagers made at a host track, 50% to the host track and 50% to purses at the host track. (B) For wagers placed on interstate simulcast races, supplemental simulcasts as defined in subparagraphs (1) and (2), and separately pooled races conducted outside of the State of Illinois made at a non-host licensee, 25% to the host track, 25% to the non-host licensee, and 50% to the purses at the host track. (6) Notwithstanding any provision in this Act to the contrary, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River may receive supplemental interstate simulcast races at all times subject to Board approval, which shall be withheld only upon a finding that a supplemental interstate simulcast is clearly adverse to the integrity of racing. (7) Notwithstanding any provision of this Act to the contrary, after payment of all applicable State and local taxes and interstate commission fees, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain 50% of the retention from interstate simulcast wagers and shall pay 50% to purses at the track from which the non-host licensee derives its license as follows: (A) Between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, when the interstate simulcast is a standardbred race, the purse share to its standardbred purse account.
25 [March 13, 2001] Illinois during this period, and the interstate simulcast is a thoroughbred race, the purse share to its interstate simulcast purse pool to be distributed under paragraph (10) of this subsection (g).
[March 13, 2001] 26 races at all wagering facilities in any calendar year is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at all such wagering facilities for calendar year 1994, then each wagering facility that has an annual total Illinois pari-mutuel handle on Illinois horse races that is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at such wagering facility for calendar year 1994, shall be permitted to receive, from any amount otherwise payable to the purse account at the race track with which the wagering facility is affiliated in the succeeding calendar year, an amount equal to 2% of the differential in total Illinois pari-mutuel handle on Illinois horse races at the wagering facility between that calendar year in question and 1994 provided, however, that a wagering facility shall not be entitled to any such payment until the Board certifies in writing to the wagering facility the amount to which the wagering facility is entitled and a schedule for payment of the amount to the wagering facility, based on: (i) the racing dates awarded to the race track affiliated with the wagering facility during the succeeding year; (ii) the sums available or anticipated to be available in the purse account of the race track affiliated with the wagering facility for purses during the succeeding year; and (iii) the need to ensure reasonable purse levels during the payment period. The Board's certification shall be provided no later than January 31 of the succeeding year. In the event a wagering facility entitled to a payment under this paragraph (13) is affiliated with a race track that maintains purse accounts for both standardbred and thoroughbred racing, the amount to be paid to the wagering facility shall be divided between each purse account pro rata, based on the amount of Illinois handle on Illinois standardbred and thoroughbred racing respectively at the wagering facility during the previous calendar year. Annually, the General Assembly shall appropriate sufficient funds from the General Revenue Fund to the Department of Agriculture for payment into the thoroughbred and standardbred horse racing purse accounts at Illinois pari-mutuel tracks. The amount paid to each purse account shall be the amount certified by the Illinois Racing Board in January to be transferred from each account to each eligible racing facility in accordance with the provisions of this Section. (h) The Board may approve and license the conduct of inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees subject to the following terms and conditions: (1) Any person licensed to conduct a race meeting at a track where 60 or more days of racing were conducted during the immediately preceding calendar year or where over the 5 immediately preceding calendar years an average of 30 or more days of racing were conducted annually or at a track located in a county that is bounded by the Mississippi River, which has a population of less than 150,000 according to the 1990 decennial census, and an average of at least 60 days of racing per year between 1985 and 1993 may be issued an inter-track wagering license and, notwithstanding any other provision of this Act, any person licensed to conduct a race meeting of at least 60 days of live racing during the immediately preceding calendar year at a racetrack located in Madison County may be issued an inter-track wagering license. Any such person having operating control of the racing facility may also receive up to 6 inter-track wagering location licenses. In no event shall more than 6 inter-track wagering locations be established for each eligible race track, except that an eligible race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River may establish up to 7 inter-track wagering locations. An application for said license shall be filed with the Board prior to such dates as may be fixed by the Board. With an application for an inter-track wagering location license there shall be delivered to the Board a certified check or bank draft payable to the order of the Board for an amount equal to
27 [March 13, 2001] $500. The application shall be on forms prescribed and furnished by the Board. The application shall comply with all other rules, regulations and conditions imposed by the Board in connection therewith. (2) The Board shall examine the applications with respect to their conformity with this Act and the rules and regulations imposed by the Board. If found to be in compliance with the Act and rules and regulations of the Board, the Board may then issue a license to conduct inter-track wagering and simulcast wagering to such applicant. All such applications shall be acted upon by the Board at a meeting to be held on such date as may be fixed by the Board. (3) In granting licenses to conduct inter-track wagering and simulcast wagering, the Board shall give due consideration to the best interests of the public, of horse racing, and of maximizing revenue to the State. (4) Prior to the issuance of a license to conduct inter-track wagering and simulcast wagering, the applicant shall file with the Board a bond payable to the State of Illinois in the sum of $50,000, executed by the applicant and a surety company or companies authorized to do business in this State, and conditioned upon (i) the payment by the licensee of all taxes due under Section 27 or 27.1 and any other monies due and payable under this Act, and (ii) distribution by the licensee, upon presentation of the winning ticket or tickets, of all sums payable to the patrons of pari-mutuel pools. (5) Each license to conduct inter-track wagering and simulcast wagering shall specify the person to whom it is issued, the dates on which such wagering is permitted, and the track or location where the wagering is to be conducted. (6) All wagering under such license is subject to this Act and to the rules and regulations from time to time prescribed by the Board, and every such license issued by the Board shall contain a recital to that effect. (7) An inter-track wagering licensee or inter-track wagering location licensee may accept wagers at the track or location where it is licensed, or as otherwise provided under this Act. (8) Inter-track wagering or simulcast wagering shall not be conducted at any track less than 5 miles from a track at which a racing meeting is in progress. (8.1) Inter-track wagering location licensees who derive their licenses from a particular organization licensee shall conduct inter-track wagering and simulcast wagering only at locations which are either within 90 miles of that race track where the particular organization licensee is licensed to conduct racing, or within 135 miles of that race track where the particular organization licensee is licensed to conduct racing in the case of race tracks in counties of less than 400,000 that were operating on or before June 1, 1986. However, inter-track wagering and simulcast wagering shall not be conducted by those licensees at any location within 5 miles of any race track at which a horse race meeting has been licensed in the current year, unless the person having operating control of such race track has given its written consent to such inter-track wagering location licensees, which consent must be filed with the Board at or prior to the time application is made. (8.2) Inter-track wagering or simulcast wagering shall not be conducted by an inter-track wagering location licensee at any location within 500 feet of an existing church or existing school, nor within 500 feet of the residences of more than 50 registered voters without receiving written permission from a majority of the registered voters at such residences. Such written permission statements shall be filed with the Board. The distance of 500 feet shall be measured to the nearest part of any building used for worship services, education programs, residential purposes, or conducting inter-track wagering by an inter-track wagering location
[March 13, 2001] 28 licensee, and not to property boundaries. However, inter-track wagering or simulcast wagering may be conducted at a site within 500 feet of a church, school or residences of 50 or more registered voters if such church, school or residences have been erected or established, or such voters have been registered, after the Board issues the original inter-track wagering location license at the site in question. Inter-track wagering location licensees may conduct inter-track wagering and simulcast wagering only in areas that are zoned for commercial or manufacturing purposes or in areas for which a special use has been approved by the local zoning authority. However, no license to conduct inter-track wagering and simulcast wagering shall be granted by the Board with respect to any inter-track wagering location within the jurisdiction of any local zoning authority which has, by ordinance or by resolution, prohibited the establishment of an inter-track wagering location within its jurisdiction. However, inter-track wagering and simulcast wagering may be conducted at a site if such ordinance or resolution is enacted after the Board licenses the original inter-track wagering location licensee for the site in question. (9) (Blank). (10) An inter-track wagering licensee or an inter-track wagering location licensee may retain, subject to the payment of the privilege taxes and the purses, an amount not to exceed 17% of all money wagered. Each program of racing conducted by each inter-track wagering licensee or inter-track wagering location licensee shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax or pari-mutuel tax on such daily handle as provided in Section 27. (10.1) Except as provided in subsection (g) of Section 27 of this Act, inter-track wagering location licensees shall pay 1% of the pari-mutuel handle at each location to the municipality in which such location is situated and 1% of the pari-mutuel handle at each location to the county in which such location is situated. In the event that an inter-track wagering location licensee is situated in an unincorporated area of a county, such licensee shall pay 2% of the pari-mutuel handle from such location to such county. (10.2) Notwithstanding any other provision of this Act, with respect to intertrack wagering at a race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River ("the first race track"), or at a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, on races conducted at the first race track or on races conducted at another Illinois race track and simultaneously televised to the first race track or to a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, those moneys shall be allocated as follows: (A) That portion of all moneys wagered on standardbred racing that is required under this Act to be paid to purses shall be paid to purses for standardbred races. (B) That portion of all moneys wagered on thoroughbred racing that is required under this Act to be paid to purses shall be paid to purses for thoroughbred races. (C) Notwithstanding any other provision of this Act, if, in any calendar year before 2002, a racetrack located in Madison County conducts only one breed of racing, either standardbred or thoroughbred, then all purse moneys derived from inter-track wagering required to be paid pursuant to this Act shall be paid to the purse account of that breed. The provisions of this subparagraph (C) are declarative of existing law. (D) Notwithstanding any other provision of this Act, if, in any calendar year after 2001, a racetrack located in Madison County conducts only one breed of racing, either
29 [March 13, 2001] standardbred or thoroughbred, then all purse moneys derived from inter-track wagering required to be paid pursuant to this Act shall be paid to the purse account of that breed, provided that the racetrack conducts at least as many days of live racing as were conducted in calendar year 2000 at that racetrack. (11) (A) After payment of the privilege or pari-mutuel tax, any other applicable taxes, and the costs and expenses in connection with the gathering, transmission, and dissemination of all data necessary to the conduct of inter-track wagering, the remainder of the monies retained under either Section 26 or Section 26.2 of this Act by the inter-track wagering licensee on inter-track wagering shall be allocated with 50% to be split between the 2 participating licensees and 50% to purses, except that an intertrack wagering licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the Illinois organization licensee that provides the race or races, and an intertrack wagering licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with that organization licensee. (B) From the sums permitted to be retained pursuant to this Act each inter-track wagering location licensee shall pay (i) the privilege or pari-mutuel tax to the State; (ii) 4.75% of the pari-mutuel handle on intertrack wagering at such location on races as purses, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain all purse moneys for its own purse account consistent with distribution set forth in this subsection (h), and intertrack wagering location licensees that accept wagers on races conducted by an organization licensee located in a county with a population in excess of 230,000 and that borders the Mississippi River shall distribute all purse moneys to purses at the operating host track; (iii) until January 1, 2000, except as provided in subsection (g) of Section 27 of this Act, 1% of the pari-mutuel handle wagered on inter-track wagering and simulcast wagering at each inter-track wagering location licensee facility to the Horse Racing Tax Allocation Fund, provided that, to the extent the total amount collected and distributed to the Horse Racing Tax Allocation Fund under this subsection (h) during any calendar year exceeds the amount collected and distributed to the Horse Racing Tax Allocation Fund during calendar year 1994, that excess amount shall be redistributed (I) to all inter-track wagering location licensees, based on each licensee's pro-rata share of the total handle from inter-track wagering and simulcast wagering for all inter-track wagering location licensees during the calendar year in which this provision is applicable; then (II) the amounts redistributed to each inter-track wagering location licensee as described in subpart (I) shall be further redistributed as provided in subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 provided first, that the shares of those amounts, which are to be redistributed to the host track or to purses at the host track under subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 shall be redistributed based on each host track's pro rata share of the total inter-track wagering and simulcast wagering handle at all host tracks during the calendar year in question, and second, that any amounts redistributed as described in part (I) to an inter-track wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall be further redistributed as provided in subparagraphs (D) and (E) of paragraph (7) of subsection (g) of this Section 26, with the portion of that further
[March 13, 2001] 30 redistribution allocated to purses at that organization licensee to be divided between standardbred purses and thoroughbred purses based on the amounts otherwise allocated to purses at that organization licensee during the calendar year in question; and (iv) 8% of the pari-mutuel handle on inter-track wagering wagered at such location to satisfy all costs and expenses of conducting its wagering. The remainder of the monies retained by the inter-track wagering location licensee shall be allocated 40% to the location licensee and 60% to the organization licensee which provides the Illinois races to the location, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee that provides the race or races and an intertrack wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee. Notwithstanding the provisions of clauses (ii) and (iv) of this paragraph, in the case of the additional inter-track wagering location licenses authorized under paragraph (1) of this subsection (h) by this amendatory Act of 1991, those licensees shall pay the following amounts as purses: during the first 12 months the licensee is in operation, 5.25% of the pari-mutuel handle wagered at the location on races; during the second 12 months, 5.25%; during the third 12 months, 5.75%; during the fourth 12 months, 6.25%; and during the fifth 12 months and thereafter, 6.75%. The following amounts shall be retained by the licensee to satisfy all costs and expenses of conducting its wagering: during the first 12 months the licensee is in operation, 8.25% of the pari-mutuel handle wagered at the location; during the second 12 months, 8.25%; during the third 12 months, 7.75%; during the fourth 12 months, 7.25%; and during the fifth 12 months and thereafter, 6.75%. For additional intertrack wagering location licensees authorized under this amendatory Act of 1995, purses for the first 12 months the licensee is in operation shall be 5.75% of the pari-mutuel wagered at the location, purses for the second 12 months the licensee is in operation shall be 6.25%, and purses thereafter shall be 6.75%. For additional intertrack location licensees authorized under this amendatory Act of 1995, the licensee shall be allowed to retain to satisfy all costs and expenses: 7.75% of the pari-mutuel handle wagered at the location during its first 12 months of operation, 7.25% during its second 12 months of operation, and 6.75% thereafter. (C) There is hereby created the Horse Racing Tax Allocation Fund which shall remain in existence until December 31, 1999. Moneys remaining in the Fund after December 31, 1999 shall be paid into the General Revenue Fund. Until January 1, 2000, all monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) by inter-track wagering location licensees located in park districts of 500,000 population or less, or in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, and operating on May 1, 1994 shall be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of
31 [March 13, 2001] organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to park districts or municipalities that do not have a park district of 500,000 population or less for museum purposes (if an inter-track wagering location licensee is located in such a park district) or to conservation districts for museum purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, except that if the conservation district does not maintain a museum, the monies shall be allocated equally between the county and the municipality in which the inter-track wagering location licensee is located for general purposes) or to a municipal recreation board for park purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district and park maintenance is the function of the municipal recreation board and the municipality has a 1990 population of 9,302 according to the United States Bureau of the Census); provided that the monies are distributed to each park district or conservation district or municipality that does not have a park district in an amount equal to four-sevenths of the amount collected by each inter-track wagering location licensee within the park district or conservation district or municipality for the Fund. Monies that were paid into the Horse Racing Tax Allocation Fund before the effective date of this amendatory Act of 1991 by an inter-track wagering location licensee located in a municipality that is not included within any park district but is included within a conservation district as provided in this paragraph shall, as soon as practicable after the effective date of this amendatory Act of 1991, be allocated and paid to that conservation district as provided in this paragraph. Any park district or municipality not maintaining a museum may deposit the monies in the corporate fund of the park district or municipality where the inter-track wagering location is located, to be used for general purposes; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and
[March 13, 2001] 32 making an appropriation therefor", approved July 24, 1967. Until January 1, 2000, all other monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) shall be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to museums and aquariums located in park districts of over 500,000 population; provided that the monies are distributed in accordance with the previous year's distribution of the maintenance tax for such museums and aquariums as provided in Section 2 of the Park District Aquarium and Museum Act; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and making an appropriation therefor", approved July 24, 1967. This subparagraph (C) shall be inoperative and of no force and effect on and after January 1, 2000. (D) Except as provided in paragraph (11) of this subsection (h), with respect to purse allocation from intertrack wagering, the monies so retained shall be divided as follows: (i) If the inter-track wagering licensee, except an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, is not conducting its own race meeting during the same dates, then the entire purse allocation shall be to purses at the track where the races wagered on are being conducted. (ii) If the inter-track wagering licensee, except an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the
33 [March 13, 2001] Mississippi River, is also conducting its own race meeting during the same dates, then the purse allocation shall be as follows: 50% to purses at the track where the races wagered on are being conducted; 50% to purses at the track where the inter-track wagering licensee is accepting such wagers. (iii) If the inter-track wagering is being conducted by an inter-track wagering location licensee, except an intertrack wagering location licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, the entire purse allocation for Illinois races shall be to purses at the track where the race meeting being wagered on is being held. (12) The Board shall have all powers necessary and proper to fully supervise and control the conduct of inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees, including, but not limited to the following: (A) The Board is vested with power to promulgate reasonable rules and regulations for the purpose of administering the conduct of this wagering and to prescribe reasonable rules, regulations and conditions under which such wagering shall be held and conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of said wagering and to impose penalties for violations thereof. (B) The Board, and any person or persons to whom it delegates this power, is vested with the power to enter the facilities of any licensee to determine whether there has been compliance with the provisions of this Act and the rules and regulations relating to the conduct of such wagering. (C) The Board, and any person or persons to whom it delegates this power, may eject or exclude from any licensee's facilities, any person whose conduct or reputation is such that his presence on such premises may, in the opinion of the Board, call into the question the honesty and integrity of, or interfere with the orderly conduct of such wagering; provided, however, that no person shall be excluded or ejected from such premises solely on the grounds of race, color, creed, national origin, ancestry, or sex. (D) (Blank). (E) The Board is vested with the power to appoint delegates to execute any of the powers granted to it under this Section for the purpose of administering this wagering and any rules and regulations promulgated in accordance with this Act. (F) The Board shall name and appoint a State director of this wagering who shall be a representative of the Board and whose duty it shall be to supervise the conduct of inter-track wagering as may be provided for by the rules and regulations of the Board; such rules and regulation shall specify the method of appointment and the Director's powers, authority and duties. (G) The Board is vested with the power to impose civil penalties of up to $5,000 against individuals and up to $10,000 against licensees for each violation of any provision of this Act relating to the conduct of this wagering, any rules adopted by the Board, any order of the Board or any other action which in the Board's discretion, is a detriment or impediment to such wagering. (13) The Department of Agriculture may enter into agreements with licensees authorizing such licensees to conduct inter-track wagering on races to be held at the licensed race meetings
[March 13, 2001] 34 conducted by the Department of Agriculture. Such agreement shall specify the races of the Department of Agriculture's licensed race meeting upon which the licensees will conduct wagering. In the event that a licensee conducts inter-track pari-mutuel wagering on races from the Illinois State Fair or DuQuoin State Fair which are in addition to the licensee's previously approved racing program, those races shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege or pari-mutuel tax on that daily handle as provided in Sections 27 and 27.1. Such agreements shall be approved by the Board before such wagering may be conducted. In determining whether to grant approval, the Board shall give due consideration to the best interests of the public and of horse racing. The provisions of paragraphs (1), (8), (8.1), and (8.2) of subsection (h) of this Section which are not specified in this paragraph (13) shall not apply to licensed race meetings conducted by the Department of Agriculture at the Illinois State Fair in Sangamon County or the DuQuoin State Fair in Perry County, or to any wagering conducted on those race meetings. (i) Notwithstanding the other provisions of this Act, the conduct of wagering at wagering facilities is authorized on all days, except as limited by subsection (b) of Section 19 of this Act. (Source: P.A. 91-40, eff. 6-25-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1695. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1695 AMENDMENT NO. 1. Amend House Bill 1695 on page 1, by replacing lines 5 and 6 with "amended by changing Section 19 as follows:"; and by deleting lines 7 through 31 on page 1, all of page 2, and lines 1 through 4 on page 3. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 732. HOUSE BILL 916. Having been printed, was taken up and read by title a second time. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 916 AMENDMENT NO. 1. Amend House Bill 916 as follows: on page 1, by replacing lines 1 and 2 with the following: "AN ACT in relation to business transactions."; and by replacing lines 5 through 31 with the following: "Section 5. The Telephone Solicitations Act is amended by changing Section 25 as follows: (815 ILCS 413/25) Sec. 25. Violations.
35 [March 13, 2001] (a) It is a violation of this Act to make or cause to be made telephone calls to any emergency telephone number as defined in Section 5 of this Act. It is a violation of this Act to make or cause to be made telephone calls in a manner that does not comply with Section 15. (b) It is a violation of this Act to continue with a solicitation placed by a live operator without the consent of the called party. (c) It is an unlawful act or practice and a violation of this Act for any person engaged in telephone solicitation to obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or other account or on a bond without the person's express written consent. (d) Enforcement by customer. Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorney fees. (e) Enforcement by Attorney General. Violation of any of the provisions of this Act is an unlawful practice under Section 2Z of the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by that Act shall be available to him or her for the enforcement of this Act. In any action brought by the Attorney General to enforce this Act, the court may order that persons who incurred actual damages be awarded the amount at which actual damages are assessed. (Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)"; and by deleting page 2. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1692. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1692 AMENDMENT NO. 1. Amend House Bill 1692 as follows: on page 1, lines 4 and 5, by deleting "changing Section 10-17a and"; and on page 1, by deleting lines 6 through 31; and by deleting page 2; and on page 3, by deleting lines 1 through 24; and on page 4, immediately below line 6, by inserting the following: "(c) A school board shall make information available to the public that describes the manner in which the board has implemented the authority granted to it in this Section. The means for disseminating this information (i) shall include posting the information on the school district's Internet web site, if any, and making the information available, upon request, in district offices, and (ii) may include without limitation incorporating the information in a student handbook and including the information in a district newsletter.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 2143. HOUSE BILL 2237. Having been printed, was taken up and read by title a second time.
[March 13, 2001] 36 The following amendment was offered in the Committee on Electric Utility Deregulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2237 AMENDMENT NO. 1. Amend House Bill 2237 on page 1, line 28, by replacing "customers." with "customers. However, if an electric utility has conducted a net electrical energy metering pilot program for either its residential customers or its business customers, or both, and the pilot program was initiated before the effective date of this amendatory Act of the 92nd General Assembly, the electric public utility need only file the report required under subsection (d).". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2391. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2391 AMENDMENT NO. 1. Amend House Bill 2391 as follows: on page 6, line 9, by replacing "sedation" with "restraint"; and on page 8, line 10, by deleting "the Humane Society of Illinois,"; and on page 8, line 11, by replacing "United States Humane Society" with "Humane Society of the United States"; and on page 24, after line 14, by inserting the following: "Section 75. The Veterinary Medicine and Surgery Practice Act of 1994 is amended by changing Section 4 as follows: (225 ILCS 115/4) (from Ch. 111, par. 7004) Sec. 4. Exemptions. Nothing in this Act shall apply to any of the following: (1) Veterinarians employed by the Federal Government while actually engaged in their official duties. (2) Licensed veterinarians from other states who are invited to Illinois for consultation or lecturing. (3) Veterinarians employed by colleges or universities or by state agencies, while engaged in the performance of their official duties. (4) Veterinary students in an approved college, university, department of a university or other institution of veterinary medicine and surgery while in the performance of duties assigned by their instructors. (5) Any person engaged in bona fide scientific research which requires the use of animals. (6) The dehorning, castration, emasculation or docking of cattle, horses, sheep, goats and swine in the course or exchange of work for which no monetary compensation is paid or to artificial insemination and the drawing of semen. Nor shall this Act be construed to prohibit any person from administering, in a humane manner, medicinal or surgical treatment to any animal belonging to such person, unless title has been transferred for the purpose of circumventing this Act. However, any such services shall comply with the Humane Care for Animals Act. (7) Members of other licensed professions or any other individuals when called for consultation and assistance by a veterinarian licensed in the State of Illinois and who act under the supervision, direction, and control of the veterinarian, as further defined by rule of the Department. (8) Certified euthanasia technicians. (Source: P.A. 90-52, eff. 7-3-97.)".
37 [March 13, 2001] AMENDMENT NO. 2 TO HOUSE BILL 2391 AMENDMENT NO. 2. Amend House Bill 2391 as follows: on page 11, after line 17, by inserting the following: "Any veterinarian, who in good faith administers euthanasia drugs to an animal in an animal control facility or an animal shelter, has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be rebuttably presumed.". There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 3048. ACTION ON MOTIONS Representative Dart asked and obtained unanimous consent to suspend the posting requirements on HOUSE BILL 3535 to be heard in the Committee on Judiciary I-Civil Law. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 281, 305, 758, 866, 867, 870 and 915. At the hour of 4:35 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 16, the House stood adjourned until Wednesday, March 14, 2001, at 12:00 o'clock noon.
[March 13, 2001] 38 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 13, 2001 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P FEIGENHOLTZ P LINDNER P POE P BASSI P FLOWERS P LYONS,EILEEN P REITZ P BEAUBIEN P FORBY P LYONS,JOSEPH P RIGHTER P BELLOCK P FOWLER P MATHIAS P RUTHERFORD P BERNS P FRANKS P MAUTINO P RYAN P BIGGINS P FRITCHEY P MAY P RYDER P BLACK P GARRETT P McAULIFFE P SAVIANO P BOLAND P GILES P McCARTHY P SCHMITZ P BOST P GRANBERG P McGUIRE P SCHOENBERG P BRADLEY P HAMOS P McKEON A SCOTT P BRADY P HANNIG P MENDOZA P SCULLY P BROSNAHAN P HARTKE P MEYER P SLONE P BRUNSVOLD P HASSERT P MILLER P SMITH P BUGIELSKI P HOEFT P MITCHELL,BILL P SOMMER P BURKE P HOFFMAN P MITCHELL,JERRY P SOTO P CAPPARELLI P HOLBROOK P MOFFITT E STEPHENS P COLLINS P HOWARD P MOORE P STROGER P COULSON P HULTGREN P MORROW P TENHOUSE P COWLISHAW P JOHNSON P MULLIGAN P TURNER,ART P CROSS P JONES,JOHN P MURPHY P TURNER,JOHN P CROTTY P JONES,LOU P MYERS P WAIT P CURRIE P JONES,SHIRLEY P NOVAK P WINKEL P CURRY P KENNER P O'BRIEN P WINTERS P DANIELS P KLINGLER P O'CONNOR P WIRSING P DART P KOSEL P OSMOND P WOJCIK P DAVIS,MONIQUE P KRAUSE P OSTERMAN P YARBROUGH P DAVIS,STEVE P KURTZ P PANKAU P YOUNGE P DELGADO P LANG P PARKE P ZICKUS P DURKIN P LAWFER P PERSICO P MR. SPEAKER P ERWIN P LEITCH E - Denotes Excused Absence