STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
37TH LEGISLATIVE DAY
FRIDAY, MARCH 30, 2001
10:00 O'CLOCK A.M.
NO. 37
[March 30, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 37th Legislative Day Action Page(s) Adjournment........................................ 68 Balanced Budget Note Requested..................... 7 Change of Sponsorship.............................. 9 Committee on Rules Referrals....................... 6 Fiscal Note Requested.............................. 6 Fiscal Notes Supplied.............................. 7 Home Rule Note Requested........................... 7 Home Rule Notes Supplied........................... 7 Pension Impact Notes Supplied...................... 7 Quorum Roll Call................................... 5 State Mandates Note Requested...................... 7 State Mandates Note Supplied....................... 7 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 0176 Committee Report-Floor Amendment/s................. 5 HB 0176 Second Reading - Amendment/s....................... 60 HB 0282 Committee Report-Floor Amendment/s................. 5 HB 0282 Second Reading - Amendment/s....................... 16 HB 0414 Committee Report-Floor Amendment/s................. 5 HB 0414 Second Reading - Amendment/s....................... 19 HB 0505 Committee Report-Floor Amendment/s................. 5 HB 0505 Second Reading - Amendment/s....................... 19 HB 0506 Committee Report-Floor Amendment/s................. 5 HB 0506 Second Reading - Amendment/s....................... 24 HB 0549 Committee Report-Floor Amendment/s................. 5 HB 0549 Second Reading - Amendment/s....................... 23 HB 0599 Committee Report-Floor Amendment/s................. 5 HB 0599 Second Reading - Amendment/s....................... 24 HB 0728 Committee Report-Floor Amendment/s................. 5 HB 0728 Second Reading - Amendment/s....................... 41 HB 0800 Committee Report-Floor Amendment/s................. 5 HB 0800 Second Reading - Amendment/s....................... 41 HB 0902 Committee Report-Floor Amendment/s................. 5 HB 0902 Second Reading - Amendment/s....................... 36 HB 0904 Second Reading..................................... 13 HB 0909 Committee Report-Floor Amendment/s................. 5 HB 0909 Second Reading - Amendment/s....................... 13 HB 0914 Committee Report-Floor Amendment/s................. 5 HB 0914 Second Reading - Amendment/s....................... 44 HB 1712 Second Reading..................................... 13 HB 1784 Third Reading...................................... 11 HB 1807 Third Reading...................................... 12 HB 1812 Third Reading...................................... 11 HB 1819 Committee Report-Floor Amendment/s................. 5 HB 1819 Second Reading - Amendment/s....................... 46 HB 2009 Committee Report-Floor Amendment/s................. 5 HB 2009 Second Reading - Amendment/s....................... 60 HB 2113 Third Reading...................................... 12 HB 2235 Committee Report-Floor Amendment/s................. 5 HB 2235 Second Reading - Amendment/s....................... 44 HB 2358 Committee Report-Floor Amendment/s................. 5 HB 2381 Third Reading...................................... 12 HB 2437 Committee Report-Floor Amendment/s................. 5 HB 2487 Third Reading...................................... 12 HB 2519 Committee Report-Floor Amendment/s................. 5
3 [March 30, 2001] Bill Number Legislative Action Page(s) HB 2519 Second Reading - Amendment/s....................... 45 HB 2550 Third Reading...................................... 13 HB 2564 Committee Report-Floor Amendment/s................. 5 HB 2564 Second Reading - Amendment/s....................... 64 HB 3011 Committee Report-Floor Amendment/s................. 5 HB 3011 Second Reading - Amendment/s....................... 46 HB 3017 Third Reading...................................... 11 HB 3037 Recall............................................. 67 HB 3050 Committee Report-Floor Amendment/s................. 5 HB 3050 Second Reading - Amendment/s....................... 47 HB 3069 Committee Report-Floor Amendment/s................. 5 HB 3073 Committee Report-Floor Amendment/s................. 5 HB 3073 Second Reading - Amendment/s....................... 41 HB 3078 Committee Report-Floor Amendment/s................. 5 HB 3078 Second Reading - Amendment/s....................... 22 HB 3098 Committee Report-Floor Amendment/s................. 5 HB 3098 Second Reading - Amendment/s....................... 60 HB 3128 Second Reading - Amendment/s....................... 66 HB 3148 Recall............................................. 67 HB 3154 Third Reading...................................... 11 HB 3162 Committee Report-Floor Amendment/s................. 5 HB 3212 Second Reading - Amendment/s....................... 65 HB 3217 Second Reading..................................... 13 HB 3247 Recall............................................. 11 HB 3280 Motion............................................. 13 HB 3280 Motion Submitted................................... 6 HB 3280 Third Reading...................................... 12 HB 3280 Third Reading...................................... 13 HB 3347 Committee Report-Floor Amendment/s................. 6 HB 3347 Second Reading - Amendment/s....................... 65 HB 3363 Committee Report-Floor Amendment/s................. 6 HB 3363 Second Reading - Amendment/s....................... 60 HB 3618 Third Reading...................................... 12 HR 0134 Adoption........................................... 67 HR 0134 Committee Report................................... 6 HR 0186 Agreed Resolution.................................. 10 SB 0031 Senate Message - Passage of Senate Bill............ 8 SB 0052 First Reading...................................... 67 SB 0109 First Reading...................................... 67 SB 0115 First Reading...................................... 67 SB 0133 First Reading...................................... 67 SB 0133 Senate Message - Passage of Senate Bill............ 8 SB 0174 First Reading...................................... 67 SB 0175 First Reading...................................... 67 SB 0184 First Reading...................................... 67 SB 0264 First Reading...................................... 67 SB 0264 Senate Message - Passage of Senate Bill............ 8 SB 0284 Senate Message - Passage of Senate Bill............ 8 SB 0317 First Reading...................................... 67 SB 0317 Senate Message - Passage of Senate Bill............ 8 SB 0325 First Reading...................................... 67 SB 0377 Senate Message - Passage of Senate Bill............ 8 SB 0384 First Reading...................................... 67 SB 0384 Senate Message - Passage of Senate Bill............ 8 SB 0448 First Reading...................................... 67 SB 0463 First Reading...................................... 67 SB 0523 First Reading...................................... 67 SB 0540 First Reading...................................... 67 SB 0540 Senate Message - Passage of Senate Bill............ 8 SB 0544 Senate Message - Passage of Senate Bill............ 8 SB 0575 Senate Message - Passage of Senate Bill............ 8 SB 0616 First Reading...................................... 67 SB 0616 Senate Message - Passage of Senate Bill............ 8 SB 0617 Senate Message - Passage of Senate Bill............ 8
[March 30, 2001] 4 Bill Number Legislative Action Page(s) SB 0643 First Reading...................................... 67 SB 0643 Senate Message - Passage of Senate Bill............ 8 SB 0660 First Reading...................................... 67 SB 0660 Senate Message - Passage of Senate Bill............ 8 SB 0668 First Reading...................................... 67 SB 0668 Senate Message - Passage of Senate Bill............ 8 SB 0686 Senate Message - Passage of Senate Bill............ 8 SB 0730 Senate Message - Passage of Senate Bill............ 8 SB 0823 First Reading...................................... 67 SB 0823 Senate Message - Passage of Senate Bill............ 8 SB 0831 First Reading...................................... 67 SB 0833 First Reading...................................... 67 SB 0836 First Reading...................................... 67 SB 0839 First Reading...................................... 67 SB 0843 First Reading...................................... 67 SB 0846 First Reading...................................... 67 SB 0852 First Reading...................................... 67 SB 0857 First Reading...................................... 67 SB 0858 First Reading...................................... 67 SB 0859 First Reading...................................... 67 SB 0864 First Reading...................................... 67 SB 0864 Senate Message - Passage of Senate Bill............ 8 SB 0868 First Reading...................................... 67 SB 0871 Senate Message - Passage of Senate Bill............ 9 SB 0875 First Reading...................................... 67 SB 0876 First Reading...................................... 67 SB 0880 Senate Message - Passage of Senate Bill............ 9 SB 0881 First Reading...................................... 67 SB 0888 First Reading...................................... 67 SB 0935 First Reading...................................... 67 SB 0936 First Reading...................................... 67 SB 0950 Senate Message - Passage of Senate Bill............ 9 SB 0961 Senate Message - Passage of Senate Bill............ 9 SB 0977 First Reading...................................... 67 SB 0978 First Reading...................................... 67 SB 0984 Senate Message - Passage of Senate Bill............ 9 SB 1033 Senate Message - Passage of Senate Bill............ 9 SB 1046 First Reading...................................... 67 SB 1058 Senate Message - Passage of Senate Bill............ 9 SB 1080 Senate Message - Passage of Senate Bill............ 9 SB 1084 First Reading...................................... 67 SB 1093 Senate Message - Passage of Senate Bill............ 9 SB 1094 Senate Message - Passage of Senate Bill............ 9 SB 1095 Senate Message - Passage of Senate Bill............ 9 SB 1099 First Reading...................................... 67 SB 1171 First Reading...................................... 67 SB 1234 Senate Message - Passage of Senate Bill............ 9 SB 1276 Senate Message - Passage of Senate Bill............ 9 SB 1285 Senate Message - Passage of Senate Bill............ 9
5 [March 30, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Father Richard Hienz of the St. John of the Cross Church in Western Springs, Illinois. Representative Wojcik led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Black and Stephens were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Granberg will replace Representative Art Turner in the Committee on Rules, for today only. Representative McCarthy replaced Representative Hamos in the Committee on Judiciary I-Civil Law on March 27, 2001. Representative Hamos replaced Representative Dart in the Committee on Labor on March 27, 2001. Representative Hamos replaced Representative Hoffman, Representative Fowler replaced Representative Howard, and Representative Feigenholtz replaced Representative Acevedo in the Committee on Labor on March 28, 2001. Representative Tenhouse replaced Representative Rutherford in the Committee on Executive on March 29, 2001. Representative Bassi replaced Representative Hultgren, and Representative O'Connor replaced Representative Art Turner in the Committee on Labor on March 28, 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 Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 176. Amendment No. 4 to HOUSE BILL 282. Amendment No. 1 to HOUSE BILL 414. Amendment No. 1 to HOUSE BILL 505. Amendment No. 1 to HOUSE BILL 506. Amendment No. 2 to HOUSE BILL 549. Amendment No. 2 to HOUSE BILL 599. Amendment No. 1 to HOUSE BILL 728. Amendment No. 2 to HOUSE BILL 800. Amendment No. 2 to HOUSE BILL 902. Amendment No. 3 to HOUSE BILL 909. Amendment No. 4 to HOUSE BILL 914. Amendment No. 2 to HOUSE BILL 1819. Amendment No. 1 to HOUSE BILL 2009. Amendment No. 1 to HOUSE BILL 2235. Amendment No. 1 to HOUSE BILL 2358. Amendment No. 3 to HOUSE BILL 2437. Amendment No. 2 to HOUSE BILL 2519. Amendment No. 1 to HOUSE BILL 2564. Amendment No. 1 to HOUSE BILL 3011. Amendment No. 1 to HOUSE BILL 3050. Amendment No. 3 to HOUSE BILL 3069. Amendment No. 1 to HOUSE BILL 3073. Amendment No. 1 to HOUSE BILL 3078. Amendment No. 2 to HOUSE BILL 3098. Amendment No. 1 to HOUSE BILL 3162.
[March 30, 2001] 6 Amendment No. 2 to HOUSE BILL 3347. Amendment No. 1 to HOUSE BILL 3363. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 134. The committee roll call vote on HOUSE BILL 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 COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Elementary & Secondary Education: House Amendment 2 to HOUSE BILL 2834 and House Amendment 2 to HOUSE BILL 2576. Committee on Financial Institutions: House Amendment 2 to HOUSE BILL 3008. Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE BILL 524. Committee on Judiciary II-Criminal Law: House Amendment 1 to HOUSE BILL 2740. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 893. Committee on Revenue: HOUSE JOINT RESOLUTION 18. Committee on State Government Administration: House Amendment 1 to HOUSE BILL 1855 and House Amendment 1 to HOUSE BILL 3525. Committee on Transportation & Motor Vehicles: House Amendment 1 to HOUSE BILL 475. Special Committee on Tobacco Settlement Proceeds: House Amendment 3 to HOUSE BILL 1886. MOTIONS SUBMITTED Representative Tenhouse submitted the following written motion, which was placed on the order of Motions: MOTION I move to expunge from the House Records the comments made by Representative Jack D. Franks on Thursday, March 29th with respects to HOUSE BILL 264. Representative Crotty submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 3280 passed the House earlier today. REQUEST FOR FISCAL NOTE Representative Hoffman requested that a Fiscal Note be supplied for HOUSE BILL 618. Representative Capparelli requested that a Fiscal Note be supplied for HOUSE BILL 618, as amended. Representative Black requested that a Fiscal Note be supplied for
7 [March 30, 2001] HOUSE BILL 3363, as amended. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 644, 1789, as amended, 2204 and 3162, as amended. REQUEST FOR STATE MANDATES NOTE Representative Hoffman requested that a State Mandates Note be supplied for HOUSE BILL 618, as amended. Representative Black requested that a State Mandates Note be supplied for HOUSE BILL 3363, as amended. STATE MANDATES NOTE SUPPLIED State Mandates Note have been supplied for HOUSE BILLS 2204 and 3024, as amended. REQUEST FOR BALANCED BUDGET NOTE Representative Hoffman requested that a Balanced Budget Note be supplied for HOUSE BILL 618, as amended. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 3363, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for HOUSE BILLS 902, as amended and 914, as amended. PENSION IMPACT NOTES SUPPLIED Pension Impact Notes have been supplied for HOUSE BILLS 1739, 1858, 1859, 1860, 1861, 1862, 1863, 1874, 1877, 1879, 1880, 1881, 1892, 1897 and 1898. 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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 31 A bill for AN ACT concerning sanitary districts. SENATE BILL NO. 133 A bill for AN ACT in relation to limited liability companies. SENATE BILL NO. 264 A bill for AN ACT with regard to education.
[March 30, 2001] 8 SENATE BILL NO. 284 A bill for AN ACT relating to schools. SENATE BILL NO. 317 A bill for AN ACT relating to schools. SENATE BILL NO. 377 A bill for AN ACT with respect to schools. SENATE BILL NO. 384 A bill for AN ACT concerning education. SENATE BILL NO. 540 A bill for AN ACT concerning taxes. SENATE BILL NO. 544 A bill for AN ACT in relation to property. SENATE BILL NO. 575 A bill for AN ACT concerning business transactions. SENATE BILL NO. 616 A bill for AN ACT concerning school district financial oversight panels. SENATE BILL NO. 617 A bill for AN ACT in relation to taxes. SENATE BILL NO. 643 A bill for AN ACT concerning criminal identification information. SENATE BILL NO. 660 A bill for AN ACT concerning vehicles. SENATE BILL NO. 668 A bill for AN ACT relating to schools. SENATE BILL NO. 686 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 730 A bill for AN ACT in relation to taxes. SENATE BILL NO. 823 A bill for AN ACT in relation to driving under the influence of alcohol and drugs. SENATE BILL NO. 864 A bill for AN ACT concerning reinsurance. Passed by the Senate, March 30, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 31, 133, 264, 284, 317, 377, 384, 540, 544, 575, 616, 617, 643, 660, 668, 686, 730, 823 and 864 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 871
9 [March 30, 2001] A bill for AN ACT in relation to bodies of water. SENATE BILL NO. 880 A bill for AN ACT in relation to community water supplies. SENATE BILL NO. 950 A bill for AN ACT concerning child support. SENATE BILL NO. 961 A bill for AN ACT concerning local government debt. SENATE BILL NO. 984 A bill for AN ACT regarding taxation. SENATE BILL NO. 1033 A bill for AN ACT in relation to support. SENATE BILL NO. 1058 A bill for AN ACT in relation to probation and pretrial services fees. SENATE BILL NO. 1080 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 1093 A bill for AN ACT concerning abortion. SENATE BILL NO. 1094 A bill for AN ACT in relation to civil liabilities. SENATE BILL NO. 1095 A bill for AN ACT concerning infants who are born alive. SENATE BILL NO. 1234 A bill for AN ACT in relation to civil procedure. SENATE BILL NO. 1276 A bill for AN ACT in relation to pharmaceutical assistance. SENATE BILL NO. 1285 A bill for AN ACT in relation to taxation. Passed by the Senate, March 30, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 871, 880, 950, 961, 984, 1033, 1058, 1080, 1093, 1094, 1095, 1234, 1276 and 1285 were ordered printed and to a First Reading. CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Capparelli asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 475. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Novak asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2576. Representative Poe asked and obtained unanimous consent to be removed as chief sponsor and Representative Scully asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3375. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Howard asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1.
[March 30, 2001] 10 Representative Morrow 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 829. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 893. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Hoeft asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1457. Representative Kurtz asked and obtained unanimous consent to be removed as chief sponsor and Representative Bellock asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3003. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Schoenberg asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3525. Representative Hoffman 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 2564. AGREED RESOLUTION The following resolution was offered and placed on the Calendar on the order of Agreed Resolution. HOUSE RESOLUTION 186 Offered by Representative Saviano: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone achievements of a citizen from the State of Illinois; and WHEREAS, On January 23, 2001, Richard Anthony Juliano was appointed by President George W. Bush as White House Liaison to the United States Department of Transportation; and WHEREAS, Richard Anthony Juliano was born on January 21, 1967 in Cleveland, Ohio to Dr. Louis J. and Elizabeth Bares Juliano; he is the youngest of five siblings who include L. James Juliano, Jr., Jeffrey Juliano, Jane Juliano-Schreiber, and Elizabeth Juliano; and WHEREAS, Richard Anthony Juliano graduated in 1985 from Gilmour Academy in Gates Mills, Ohio; he graduated Phi Beta Kappa with a Bachelor of Arts degree in public policy from the University of Chicago and received his Law Degree from the University of Chicago Law School in 1998; he was admitted to the Illinois Bar Association in 1998 and the District of Columbia Bar Association in 2000; and WHEREAS, Richard Anthony Juliano served as a Presidential intern for President George H. Bush in 1988; in 1989, he began working in Illinois State government under Governor James R. Thompson; he has served as an Executive Assistant to Secretary of State George H. Ryan and served as Deputy Chief of Staff for Governor Ryan from 1998 until 2001; in 2000, Mr. Juliano took a leave of absence from his duties as Deputy Chief of Staff to serve as Deputy Chairman of the Illinois Republican Party; and WHEREAS, Richard Anthony Juliano is married to Ericka R. Juliano; they are the proud parents of daughter, Jacqueline Elizabeth; Mr. Juliano is an avid Cleveland Indians fan, jazz pianist, and record collector; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Richard Anthony Juliano on his appointment by President George W. Bush as White House Liaison to the United States Department of Transportation on January 23, 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to Richard Anthony Juliano as an expression of our esteem.
11 [March 30, 2001] ACTION ON MOTION Representative Cross moved to expunge Representatives Franks comments from the record for Thursday, May 29, 2001. Representative Franks concurred with the motion. The motion prevailed. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative John Jones, HOUSE BILL 3017 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Boland, HOUSE BILL 1784 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Hassert, HOUSE BILL 3247 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Mendoza, HOUSE BILL 1812 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 77, Yeas; 31, Nays; 8, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Kurtz, HOUSE BILL 3154 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority
[March 30, 2001] 12 of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Novak, HOUSE BILL 2113 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Zickus, HOUSE BILL 1807 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 106, Yeas; 8, Nays; 2, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Currie, HOUSE BILL 2381 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 66, Yeas; 46, Nays; 4, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Soto, HOUSE BILL 2487 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 60, Yeas; 53, Nays; 3, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Forby, HOUSE BILL 3280 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 59, Yeas; 54, Nays; 3, Answering Present. (ROLL CALL 10) VERIFIED ROLL CALL This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative Forby, HOUSE BILL 3618 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 64, Yeas; 52, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Crotty
13 [March 30, 2001] moved to reconsider the vote by which HOUSE BILL 3280 lost in the House earlier today. And on that motion, a vote was taken resulting as follows: 62, Yeas; 52, Nays; 2, Answering Present. (ROLL CALL 12) The motion prevailed. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Forby, HOUSE BILL 3280 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 62, Yeas; 52, Nays; 2, Answering Present. (ROLL CALL 13) VERIFIED ROLL CALL This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Dart, HOUSE BILL 2550 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. 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 904, 1712 and 3217. HOUSE BILL 909. Having been read by title a second time on March 26, 2001, and held on the order of Second Reading, the same was again taken up. Representative Hamos offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 909 AMENDMENT NO. 2. Amend House Bill 909, AS AMENDED, by replacing the title with the following: "AN ACT in relation to the Illinois work force."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois FIRST Job Opportunities Initiative Act. Section 5. Illinois FIRST Job Opportunities Initiative. (a) For any construction contract with the value of $1,000,000 or more funded in whole or part by Illinois FIRST funds or by any State funds, the State of Illinois shall post the following information pursuant to the procedures set forth in subsection (c): (1) the approximate number of apprenticeship and journey-level hours that will be required and available for each skilled and unskilled trade to be utilized within any contract and
[March 30, 2001] 14 subcontract to be awarded for that project, and any other employment opportunity to be made available pursuant to such contract or subcontract; (2) the approximate period of time during which work on any contract or subcontract will continue, including the approximate beginning date that any employment opportunity will arise pursuant to the contract; (3) the description and location of the construction project; and (4) the specific procedures that must be followed to apply for any employment opportunities arising from the contract or subcontract, including location and hours of any union or other offices. (b) Any prime contractor receiving any construction contract with the value of $1,000,000 or more funded in whole or part by Illinois FIRST funds or by any State funds shall, on the date the contract is awarded by the State, supply the Department of Employment Security with the employment information specified in subsection (a); provided that for any subcontract awarded during the duration of the contract, the information specified in subsection (a) shall be provided by the prime contractor on the date the subcontract is awarded. Any such contract shall include the requirement for the prime contractor to supply the information within the timeframes set forth in this subsection. (c) All employment opportunities required to be posted under this Section shall be submitted by a prime contractor to the Department of Employment Security, utilizing forms and procedures developed and made available by the Department. The Department of Employment Security shall, upon receipt of such information from any prime contractor: (1) post the information on an appropriate State of Illinois Internet site; (2) post the information with the job service program maintained by the State; (3) post the information with all Illinois Employment and Training Centers throughout the State; and (4) provide electronic links to the Illinois Department of Transportation website and the Capital Development Board website where the information, specific to those agencies shall also be posted. In addition, the information provided to the Department of Employment Security shall be provided by the prime contractor or his or her representative to any person who seeks employment directly at the job site at an office or trailer where site business is conducted. The information, or reference as to how to obtain it, shall also be posted in an easily accessible public place at the same location. (d) Any prime contractor awarded a construction contract with the value of $1,000,000 or more, funded in whole or part by Illinois FIRST funds or by any State funds, shall submit a monthly report to the State of Illinois that shall include information as to the number of apprenticeship and journey-level hours worked by race and gender in each skilled and unskilled trade on all projects employing skilled or unskilled labor during the preceding month. The Governor shall designate an office within a State agency that shall be responsible for the development and dissemination of a simple reporting form, both in paper and electronic format, to be utilized by all State agencies and prime contractors covered under this Section and shall be further responsible for monitoring compliance with the reporting requirements specified in this subsection. Any report submitted pursuant to this subsection shall be made available, at a nominal charge, to any member of the public who requests a copy. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3 TO HOUSE BILL 909 AMENDMENT NO. 3. Amend House Bill 909 by replacing the title with the following:
15 [March 30, 2001] "AN ACT in relation to the Illinois work force."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois FIRST Job Opportunities Initiative Act. Section 5. Illinois FIRST Job Opportunities Initiative. (a) For any construction contract with the value of $1,000,000 or more funded in whole or part by Illinois FIRST funds or by any State funds, the State of Illinois shall post the following information pursuant to the procedures set forth in subsection (c): (1) the approximate number of apprenticeship and journey-level hours that will be required and available for each skilled and unskilled trade to be utilized within any contract and subcontract to be awarded for that project, and any other employment opportunity to be made available pursuant to such contract or subcontract; (2) the approximate period of time during which work on any contract or subcontract will continue, including the approximate beginning date that any employment opportunity will arise pursuant to the contract; (3) the description and location of the construction project; and (4) the specific procedures that must be followed to apply for any employment opportunities arising from the contract or subcontract, including location and hours of any union or other offices. (b) Any prime contractor receiving any construction contract with the value of $1,000,000 or more funded in whole or part by Illinois FIRST funds or by any State funds shall, on the date the contract is awarded by the State, supply the Department of Employment Security with the employment information specified in subsection (a); provided that for any subcontract awarded during the duration of the contract, the information specified in subsection (a) shall be provided by the prime contractor on the date the subcontract is awarded. Any such contract shall include the requirement for the prime contractor to supply the information within the timeframes set forth in this subsection. (c) All employment opportunities required to be posted under this Section shall be submitted by a prime contractor to the Department of Employment Security, utilizing forms and procedures developed and made available by the Department. The Department of Employment Security shall, upon receipt of such information from any prime contractor: (1) post the information on an appropriate State of Illinois Internet site; (2) post the information with the job service program maintained by the State; (3) post the information with all Illinois Employment and Training Centers throughout the State; and (4) provide electronic links to the Illinois Department of Transportation website and the Capital Development Board website where the information, specific to those agencies shall also be posted. In addition, the information provided to the Department of Employment Security shall be provided by the prime contractor or his or her representative to any person who seeks employment directly at the job site at an office or trailer where site business is conducted. The information, or reference as to how to obtain it, shall also be posted in an easily accessible public place at the same location. (d) Any prime contractor awarded a construction contract with the value of $1,000,000 or more, funded in whole or part by Illinois FIRST funds or by any State funds, shall submit a monthly report to the State of Illinois that shall include information as to the number of apprenticeship and journey-level hours worked by race and gender in each skilled and unskilled trade on all projects employing skilled or unskilled labor during the preceding month. The Governor shall designate an office within a State agency that shall be responsible for the development and dissemination of a simple reporting form, both in paper and electronic format, to be utilized by all State agencies and
[March 30, 2001] 16 prime contractors covered under this Section and shall be further responsible for monitoring compliance with the reporting requirements specified in this subsection. Any report submitted pursuant to this subsection shall be made available, at a nominal charge, to any member of the public who requests a copy. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 282. Having been read by title a second time on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Garrett offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 282, as amended AMENDMENT NO. 2. Amend House Bill 282, as amended, with reference to the page and line numbers of House Amendment #1, on page 1, line 8, by changing "Zone" to "Zones"; and on page 1, line 11, by deleting "an"; and on page 1, line 11, by changing "zone" to "zones; and on page 1, line 13, by deleting "An"; and on page 1, line 13, by changing "zone" to "zones". AMENDMENT NO. 3 TO HOUSE BILL 282 AMENDMENT NO. 3. Amend House Bill 282, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Enterprise Zone Act is amended by changing Section 5.3 as follows: (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608) Sec. 5.3. Certification of Enterprise Zones; Effective date. (a) Approval of designated Enterprise Zones shall be made by the Department by certification of the designating ordinance. The Department shall promptly issue a certificate for each Enterprise Zone upon its approval. The certificate shall be signed by the Director of the Department, shall make specific reference to the designating ordinance, which shall be attached thereto, and shall be filed in the office of the Secretary of State. A certified copy of the Enterprise Zone Certificate, or a duplicate original thereof, shall be recorded in the office of recorder of deeds of the county in which the Enterprise Zone lies. (b) An Enterprise Zone shall be effective upon its certification. The Department shall transmit a copy of the certification to the Department of Revenue, and to the designating municipality or county. Upon certification of an Enterprise Zone, the terms and provisions of the designating ordinance shall be in effect, and may not be amended or repealed except in accordance with Section 5.4. (c) An Enterprise Zone shall be in effect for 30 calendar years, or for a lesser number of years specified in the certified designating ordinance. Enterprise Zones shall terminate at midnight of December 31 of the final calendar year of the certified term, except as provided in Section 5.4.
17 [March 30, 2001] ordinance. (d) No more than 12 Enterprise Zones may be certified by the Department in calendar year 1984, no more than 12 Enterprise Zones may be certified by the Department in calendar year 1985, no more than 13 Enterprise Zones may be certified by the Department in calendar year 1986, no more than 15 Enterprise Zones may be certified by the Department in calendar year 1987, and no more than 20 Enterprise Zones may be certified by the Department in calendar year 1990. In other calendar years, no more than 13 Enterprise Zones may be certified by the Department. The Department may also designate up to 8 additional Enterprise Zones outside the regular application cycle if warranted by the extreme economic circumstances as determined by the Department. The Department may also designate one additional Enterprise Zone outside the regular application cycle if an aircraft manufacturer agrees to locate an aircraft manufacturing facility in the proposed Enterprise Zone. Notwithstanding any other provision of this Act, no more than 89 Enterprise Zones may be certified by the Department for the 10 calendar years commencing with 1983. The 7 additional Enterprise Zones authorized by Public Act 86-15 shall not lie within municipalities or unincorporated areas of counties that abut or are contiguous to Enterprise Zones certified pursuant to this Section prior to June 30, 1989. The 7 additional Enterprise Zones (excluding the additional Enterprise Zone which may be designated outside the regular application cycle) authorized by Public Act 86-1030 shall not lie within municipalities or unincorporated areas of counties that abut or are contiguous to Enterprise Zones certified pursuant to this Section prior to February 28, 1990. In calendar year 2002 and thereafter, 5 additional enterprise zones may be certified by the Department. In any calendar year, the Department may not certify more than 3 Zones located within the same municipality. The Department may certify Enterprise Zones in each of the 10 calendar years commencing with 1983. The Department may not certify more than a total of 18 Enterprise Zones located within the same county (whether within municipalities or within unincorporated territory) for the 10 calendar years commencing with 1983. Thereafter, the Department may not certify any additional Enterprise Zones, but may amend and rescind certifications of existing Enterprise Zones in accordance with Section 5.4. (e) Notwithstanding any other provision of law, if (i) the county board of any county in which a current military base is located, in part or in whole, or in which a military base that has been closed within 20 years of the effective date of this amendatory Act of 1998 is located, in part or in whole, adopts a designating ordinance in accordance with Section 5 of this Act to designate the military base in that county as an enterprise zone and (ii) the property otherwise meets the qualifications for an enterprise zone as prescribed in Section 4 of this Act, then the Department may certify the designating ordinance or ordinances, as the case may be. (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99; 91-937, eff. 1-11-01; revised 1-15-01.)". AMENDMENT NO. 4 TO HOUSE BILL 282 AMENDMENT NO. 4. Amend House Bill 282, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Enterprise Zone Act is amended by changing Section 5.3 as follows: (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608) Sec. 5.3. Certification of Enterprise Zones; Effective date. (a) Approval of designated Enterprise Zones shall be made by the Department by certification of the designating ordinance. The Department shall promptly issue a certificate for each Enterprise Zone upon its approval. The certificate shall be signed by the Director of the Department, shall make specific reference to the designating ordinance, which shall be attached thereto, and shall be filed in the office of the Secretary of State. A certified copy of the Enterprise Zone Certificate, or a duplicate original thereof, shall be recorded in
[March 30, 2001] 18 the office of recorder of deeds of the county in which the Enterprise Zone lies. (b) An Enterprise Zone shall be effective upon its certification. The Department shall transmit a copy of the certification to the Department of Revenue, and to the designating municipality or county. Upon certification of an Enterprise Zone, the terms and provisions of the designating ordinance shall be in effect, and may not be amended or repealed except in accordance with Section 5.4. (c) An Enterprise Zone shall be in effect for 30 calendar years, or for a lesser number of years specified in the certified designating ordinance. Enterprise Zones shall terminate at midnight of December 31 of the final calendar year of the certified term, except as provided in Section 5.4.
19 [March 30, 2001] (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99; 91-937, eff. 1-11-01; revised 1-15-01.)". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 3 and 4 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 414. Having been printed, was taken up and read by title a second time. Representative Reitz offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 414 AMENDMENT NO. 1. Amend House Bill 414 as follows: on page 1, line 18, by changing "(g)" to "(h)". 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 505. Having been printed, was taken up and read by title a second time. Representative Scott offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 505 AMENDMENT NO. 1. Amend House Bill 505 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Local Planning Technical Assistance Act. Section 5. Purposes. The purposes of this Act are to: (1) Provide technical assistance to Illinois local governments that request it for the development of local planning ordinances and regulations. (2) Encourage Illinois local governments to engage in planning, regulatory, and development approaches that promote and encourage comprehensive planning. (3) Provide demonstration grants to units of local government; planning agencies; educational institutions; and other not-for-profit organizations and associations serving neighborhoods, communities, and regions of Illinois to prepare and implement comprehensive plans, zoning ordinances, subdivision controls, other land development regulations, and development incentives that promote and encourage comprehensive planning. (4) Prepare and distribute model ordinances, manuals, and other technical publications that promote and encourage comprehensive planning. (5) Research and report upon the results and impact of activities funded by the demonstration grants. (6) Provide demonstration grants to units of local government; planning agencies; educational institutions; and other not-for-profit organizations and associations serving neighborhoods, communities, and regions of Illinois to engage in pre-development activities for projects that promote and encourage comprehensive planning. The activities could include market feasibility studies, architectural renderings, and environmental
[March 30, 2001] 20 assessments. (7) Support local planning efforts in communities with limited financial means. (8) Support planning efforts that include one or more units of local government; planning agencies; educational institutions; and other not-for-profit organizations and associations serving neighborhoods, communities, and regions of Illinois working together. Section 10. Definitions. In this Act: "Comprehensive plan" means a regional plan adopted under Section 5-14001 of the Counties Code, an official comprehensive plan adopted under Section 11-12-6 of the Illinois Municipal Code, or local land resource management plan adopted under Section 4 of the Local Land Resource Management Planning Act. "Department" means the Department of Commerce and Community Affairs. "Land development regulation" means any ordinance or regulation of a county or municipality that regulates development and land use, including, but not limited to, zoning and subdivision ordinances. "Local government" or "unit of local government" means any city, village, incorporated town, or county. "Subsidiary plan" means any plan, other than a comprehensive plan, that guides development, land use, and infrastructure for a county or municipality, or a portion of a county or municipality. Section 15. Technical assistance grants. The Department may make grants to units of local government; planning agencies; educational institutions; and other not-for-profit organizations and associations serving neighborhoods, communities, and regions of Illinois to develop, update, administer, and implement comprehensive plans, subsidiary plans, land development regulations, development incentives, market feasibility studies, architectural renderings, and environmental assessments that promote and encourage the principles of comprehensive planning. The Department may adopt rules establishing standards and procedures for determining eligibility for the grants, regulating the use of funds under the grants, and requiring periodic reporting of the results and impact of activities funded by the grants. No individual grant under this Act may have duration of more than 24 months. The Department, in the determination of grantees, may also seek an even balance of grants within metropolitan regions. Section 20. Model ordinances and technical publications. The Department may prepare model ordinances, manuals, and other technical publications that are founded upon and promote comprehensive planning. The Department may make all possible use of existing model ordinances, manuals, and other technical publications that promote and encourage comprehensive planning and that were prepared by regional planning agencies and commissions, councils of government, and other organizations. The Department may employ or retain private not-for-profit entities, regional planning agencies and commissions, councils of government, and universities to advise, prepare, or conduct the preparation of the model ordinances, manuals, and other technical publications. The Department may distribute any model ordinances, manuals, and other technical publications prepared under this Section to all counties and municipalities in this State, regional planning agencies and commissions in this State, the Illinois State Library, all public libraries in this State, and to other organizations and libraries at the Department's discretion. Section 25. Use of technical assistance grants. Technical assistance grants may be used to write or revise a local comprehensive plan. A comprehensive plan funded under Section 15 of this Act must address, but is not limited to addressing, each of the following elements. (1) Issues and opportunities. This purpose of this element is to state the vision of the community, identify the major trends and
21 [March 30, 2001] forces affecting the local government and its citizens, set goals and standards, and serve as a series of guiding principles and priorities to implement the vision. (2) Land use and natural resources. The purpose of this element is to translate the vision statement into physical terms; provide a general pattern for the location, distribution, and characteristics of future land uses over a 20-year period; and serve as the element of the comprehensive plan upon which all other elements are based. The land use element must be in text and map form. It must include supporting studies on population, the local economy, natural resources, and an inventory of existing land uses. (3) Transportation. The purpose of this element is to consider all relevant modes of transportation, including mass transit, air, water, rail, automobile, bicycle, and pedestrian modes of transportation; accommodate special needs; establish the framework for the acquisition, preservation, and protection of existing and future rights-of-way; and incorporate transportation performance measures. (4) Community facilities (schools, parks, police, fire, and water and sewer). The purpose of this element is to provide community facilities; establish levels of service; ensure that facilities are provided as needed; and coordinate with other units of local government that provide the needed facilities. (5) Telecommunications infrastructure. The purpose of this element is to coordinate telecommunications initiatives; assess short-term and long-term needs, especially regarding economic development; determine the location and capacity of existing infrastructure; encourage investment in the most advanced technologies; and establish a framework for providing reasonable access to public rights-of-way. (6) Housing. The purpose of this element is to document the present and future needs for housing within the jurisdiction of the local government, including affordable housing and special needs housing; take into account the housing needs of a larger region; identify barriers to the production of housing, including affordable housing; access the condition of the local housing stock; and develop strategies, programs, and other actions to address the needs for a range of housing options. (7) Economic development. The purpose of this element is to coordinate local economic development initiatives with those of the State; ensure that adequate economic development opportunities are available; identify the strategic competitive advantages of the community and the surrounding region; assess the community's strengths and weaknesses with respect to attracting and retaining business and industry; and define the municipality's and county's role. (8) Natural resources. The purpose of this element is to identify and define the natural resources in the community with respect to water, land, flora, and fauna; identify the land and water areas in relation to these resources; assess the relative importance of these areas to the needs of the resources; and identify mitigation efforts that are needed to protect these resources. (9) Public participation. This element must include a process for engaging the community in outreach; the development of a sense of community; a consensus building process; and a public education strategy. (10) Comprehensive plans may also include the following: natural hazards; agriculture and forest preservation; human services; community design; historic preservation; and the adoption of subplans, as needed. The decision on whether to include these elements in the comprehensive plan shall be based on the needs of the particular unit of local government. The purpose of this Section is to provide guidance on the elements of a comprehensive plan but not to mandate content. Section 30. Consistency of land use regulations and actions with
[March 30, 2001] 22 comprehensive plan. (a) If a municipality or county is receiving assistance to write or revise a comprehensive plan, no later than 5 years after the effective date of this Act, land development regulations, including amendments to a zoning map, and any land use actions must be consistent with the local comprehensive plan. "Land use actions" include preliminary or final approval of a subdivision plat, approval of a planned unit development, approval of a conditional use, granting a variance, or a decision by a unit of local government to construct a capital improvement, acquire land for community facilities, or both. (b) Municipalities and counties that have adopted official comprehensive plans in accordance with Division 12 of Article 11 of the Illinois Municipal Code or Section 5-14001 of the Counties Code may be eligible for additional preferences in State economic development programs, State transportation programs, State planning programs, State natural resources programs, and State agriculture programs. Section 35. Educational and training programs. The Department may provide educational and training programs in planning, regulatory, and development practices and techniques that promote and encourage comprehensive planning, including, but not limited to, the use and application of any model ordinances, manuals, and other technical publications prepared by the Department. The Department may employ or retain not-for-profit entities, regional planning agencies and commissions, and universities to operate or conduct, or assist in the operation or conduct of, the programs. Section 40. Annual report. (a) The Department may, at least annually but more often at its discretion, report in writing to the Governor and General Assembly on: (1) The results and impacts of county and municipal activities funded by the grants authorized by this Act. (2) The distribution of the grants. (3) Model ordinances, manuals, and other technical publications prepared by the Department. (4) Educational and training programs provided by the Department. (b) The report may also be provided to all counties and municipalities in this State, regional planning agencies and commissions in this State, the Illinois State Library, all public libraries in this State, and to other organizations and libraries upon request at the Department's discretion. Section 45. Local Planning Fund. The Department may use moneys, subject to appropriation, in the Local Planning Fund, a special fund created in the State treasury, to implement and administer this Act. If funds are not appropriated, the Department is not required to carry forth the requirements of this Act but may, at its discretion, use funds from other sources. Section 900. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Local Planning Fund. Section 999. Effective date. This Act takes effect upon becoming law.". 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 3078. Having been recalled on March 21, 2001, and held on the order of Second Reading, the same was again taken up. Representative Righter offered the following amendment and moved its adoption:
23 [March 30, 2001] AMENDMENT NO. 1 TO HOUSE BILL 3078 AMENDMENT NO. 1. Amend House Bill 3078 on page 3, in line 3 by inserting after "but" the following: "only as to the amount of funds expended or collected by the public body in settling threatened or actual litigation and"; and on page 5, in line 24 by inserting after "but" the following: "only as to the amount of funds expended or collected by the public body in settling threatened or actual litigation and". 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 again advanced to the order of Third Reading. HOUSE BILL 549. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 549 AMENDMENT NO. 1. Amend House Bill 549 by replacing the title with the following: "AN ACT concerning public defenders."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Section 3-4007 as follows: (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007) Sec. 3-4007. Compensation. (a) The public defender shall be paid out of the county treasury, and the State treasury as provided in subsection (b), as the sole compensation for his or her services a salary in an
[March 30, 2001] 24 of such county, that Public Defender shall not engage in the private practice of law."; and on page 2, by deleting lines 1 through 3; and on page 2, line 8, immediately after the period, by inserting the following: "These amounts furnished by the State shall be payable monthly from the State treasury to the county in which each Public Defender is employed.". The motion prevailed and the amendment was adopted and ordered printed. 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 506. Having been printed, was taken up and read by title a second time. Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 506 AMENDMENT NO. 1. Amend House Bill 506 on page 1, after line 13, by inserting the following: "Section 10. The Child Care Act of 1969 is amended by adding Section 2.23 as follows: (225 ILCS 10/2.23 new) Sec. 2.23. "Youth transitional housing facility" means a child care facility licensed by the Department, in accordance with the requirements of this Act and applicable rules of the Department, to provide housing and services to homeless minors who are at least 16 years of age but less than 18 years of age and who have been partially emancipated under the Emancipation of Minors Act."; and on page 1, line 14, by changing "5" to "15"; and on page 2, by replacing lines 26 through 29 with the following: "Children and Family Services. An order granting custody or guardianship of a child to the Department of Children and Family Services may not be terminated or modified for the purpose of obtaining emancipation of the child as a homeless minor."; and on page 5, by replacing lines 20 through 23 with the following: "as the court by order deems appropriate.
25 [March 30, 2001] AMENDMENT NO. 1 TO HOUSE BILL 599 AMENDMENT NO. 1. Amend House Bill 599 by replacing everything after the enacting clause with the following: "Section 5. The Humane Care for Animals Act is amended by changing Sections 2.01a, 4.02, 4.03, 4.04, 10, 12 and 16 and by adding Sections 2.01b, 2.01c, 2.01d, 2.09, 2.10, 3.04, 3.05, 3.06, 17, 18, 19, 20, and 21 as follows: (510 ILCS 70/2.01a) Sec. 2.01a. Companion animal. "Companion animal" means an animal that is commonly considered to be, or is considered by the owner to be
[March 30, 2001] 26 person complained against is required to appear for trial. The State's Attorney may within 14 days after the seizure, file a "petition for forfeiture prior to trial" before the court having criminal jurisdiction over the alleged charges, asking for permanent forfeiture of the companion animals seized. The petition shall be filed with the court, with copies served on the impounding agency, the owner, and anyone claiming an interest in the animals. In a "petition for forfeiture prior to trial", the burden is on the prosecution to prove by a preponderance of the evidence that the person arrested violated Section 3.01, 3.02, 3.03, or 4.01. (b) An owner whose animal or animals are removed by a law enforcement officer under this Section must be given written notice of the circumstances of the removal and of any legal remedies available to him or her. The notice must be posted at the place of seizure, or delivered to a person residing at the place of seizure or, if the address of the owner is different from the address of the person from whom the animal or animals were seized, delivered by registered mail to his or her last known address. (510 ILCS 70/3.05 new) Sec. 3.05. Security for companion animals and animals used for fighting purposes. (a) In the case of companion animals as defined in Section 2.01a or animals used for fighting purposes pursuant to 4.01, the animal control or humane agency having custody of the animal or animals may file a petition with the court requesting that the person from whom the animal or animals are seized, or the owner of the animal or animals, be ordered to post a security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control or humane agency in caring for and providing for the animal or animals pending the disposition of the charges. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal or animals for 30 days. The amount of the security shall be determined by the court after taking into consideration all of the facts and circumstances of the case, including, but not limited to, the recommendation of the impounding organization having custody and care of the seized animal or animals and the cost of caring for the animal or animals. If a security has been posted in accordance with this Section, the humane society or animal control agency may draw from the security the actual costs incurred by the organization in caring for the seized animal or animals. (b) Upon receipt of a petition the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant and the State's attorney for the county in which the animal or animals were seized. The petitioner must also serve a true copy of the petition on any interested person. For the purposes of this subsection, "interested person" means an individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity that the court determines may have a pecuniary interest in the animal or animals that are the subject of the petition. The court must set a hearing date to determine any interested parties. The court may waive for good cause shown the posting of security. (c) If the court orders the posting of a security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the animal or animals are forfeited by operation of law and the animal control or humane agency having control of the animal or animals must dispose of the animal or animals through adoption or must humanely euthanize the animal. In no event may the defendant or any person residing in the defendant's household adopt the animal or animals. costs associated with custodial care. (d) The impounding organization may file a petition with the court upon the expiration of the 30-day period requesting the posting of additional security. The court may order the person from whom the animal or animals were seized, or the owner of the animal or animals,
27 [March 30, 2001] to post an additional security with the clerk of the court to secure payment of reasonable expenses for an additional period of time pending a determination by the court of the charges against the person from whom the animal or animals were seized. (e) In no event may the security prevent the impounding organization having custody and care of the animal or animals from disposing of the animal or animals before the expiration of the 30-day period covered by the security if the court makes a determination of the charges against the person from whom the animal or animals were seized. Upon the adjudication of the charges, the person who posted the security is entitled to a refund of the security, in whole or in part, for any expenses not incurred by the impounding organization. (f) Notwithstanding any other provision of this Section to the contrary, the court may order a person charged with any violation of this Act to provide necessary food, water, shelter, and care for any animal or animals that are the basis of the charge without the removal of the animal or animals from its existing location and until the charges against the person are adjudicated. Until a final determination of the charges is made, any law enforcement officer, animal control officer, Department investigator, or an approved humane investigator may be authorized by an order of the court to make regular visits to the place where the animal or animals are being kept to ascertain if the animal or animals are receiving necessary food, water, shelter, and care. Nothing in this Section prevents any law enforcement officer, Department investigator, or approved humane investigator from applying for a warrant under this Section to seize any animal or animals being held by the person charged pending the adjudication of the charges if it is determined that the animal or animals are not receiving the necessary food, water, shelter, or care. (g) Nothing in this Act shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to an animal care and control agency or humane society in lieu of posting security or proceeding to a forfeiture hearing. Voluntary relinquishment shall have no effect on the criminal charges that may be pursued by the appropriate authorities. (510 ILCS 70/3.06 new) Sec. 3.06. Disposition of seized animals. (a) Upon the conviction of the person charged, all animals seized, if not previously ordered forfeited or previously forfeited by operation of law, are forfeited to the facility impounding the animals and must be humanely euthanized or adopted. Any outstanding costs incurred by the impounding facility for boarding and treating the animals pending the disposition of the case and any costs incurred in disposing of the animals must be borne by the person convicted. In the event of the acquittal or final discharge without conviction of the person charged and when the animals were not previously ordered forfeited by judicial order or operation of law, the court shall, upon petition of the State, animal control agency, or humane agency, hold a hearing as to the disposition of the animals and other property seized. If the court finds by a preponderance of the evidence that the criminal allegations are true or that the animals were abused, the animals are forfeited to the impounding facility. If the court finds that the State failed to prove the criminal allegations or that the animals were abused, the court must direct the delivery of the animals and other seized property not previously forfeited to the owner of the animals and property. (b) Any person authorized by this Section to care for an animal or animals, to treat an animal or animals, or to attempt to restore an animal or animals to good health and who is acting in good faith is immune from any civil or criminal liability that may result from his or her actions. (c) Any veterinarian in this State who observes or is presented with an animal or animals for the treatment of aggravated cruelty under Section 3.02 or torture under Section 3.03 of this Act must file a report with the Department and cooperate with the Department by furnishing the owner's name, the date of receipt of the animal or
[March 30, 2001] 28 animals and any treatment administered, and a description of the animal or animals involved, including a microchip number if applicable. Any veterinarian who in good faith makes a report, as required by this subsection, 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 presumed. An animal control or humane agency may humanely euthanize severely injured, diseased, or suffering animals in exigent circumstances. (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) Sec. 4.02. Arrests; reports. (a) Any law enforcement officer making an arrest for an offense involving one or more dogs under Section 4.01 of this Act shall lawfully take possession of all dogs and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of Section 4.01 of this Act. When a law enforcement officer has taken
29 [March 30, 2001] other property seized. If the court finds by a preponderance of the evidence that the criminal allegations are true or that the dogs were used in fighting, the dogs are forfeited to the impounding facility where the dogs must be adopted out or humanely euthanized. In no event may the dogs be adopted by the defendant or anyone residing in his or her household. If the court finds that the State either failed to prove the criminal allegations or that the dogs were used in fighting, the court must direct the delivery of the dogs and the other property not previously forfeited to the owner of the dogs and property. Any person authorized by this Section to care for a dogs, to treat a dog, or to attempt to restore a dog to good health and who is acting in good faith is immune from any civil or criminal liability that may result from his or her actions. An animal control or humane agency may euthanize severely injured, diseased, or suffering dog in exigent circumstances
[March 30, 2001] 30 Institutions operating under federal license to conduct laboratory experimentation utilizing animals for research or medical purposes are, however, exempt from the provisions of this Section. State's Attorneys and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations. Any such investigation requiring legal procedures shall be immediately reported to the Department. No employee or representative of the Department shall enter a livestock management facility unless sanitized footwear is used, or unless the owner or operator of the facility waives this requirement. The employee or representative must also use any other reasonable disease prevention procedures or equipment provided by the owner or operator of the facility. The animal control administrator and animal control wardens appointed under the Animal Control Act shall be authorized to make investigations complying with this Section for alleged violations of Sections 3,
31 [March 30, 2001] the Department of Agriculture within 7 days from the date of impoundment" and the Department must
[March 30, 2001] 32 4 felony. (4) Any person convicted of violating subsection (d), (e) or (f) of Section 4.01 of this Act or any rule, regulation, or order of the Department pursuant thereto for the first time, is guilty of a Class A
33 [March 30, 2001] second or subsequent violation is a Class 4 felony. (9) Any person convicted of any other act of abuse or neglect or of violating any other provision of this Act, or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class A
[March 30, 2001] 34 (a) It is not a defense to violations of this Act for the person committing the violation to assert that he or she had rights of ownership in the animal that was the victim of the violation. (b) Trespass is not a defense to a prosecution under this Act. (510 ILCS 70/19 new) Sec. 19. Corporations. Corporations may be charged with violations of this Act for the acts of their employees or agents who violate this Act in the course of their employment or agency. (510 ILCS 70/20 new) Sec. 20. Civil actions. Any person who has a right of ownership in an animal that is subjected to an act of abuse or neglect in violation of this Act may bring a civil action to recover the damages sustained by that owner. Damages may include, but are not limited to, the monetary value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal, and emotional distress suffered by the owner. In addition to damages that may be proven, the owner is also entitled to punitive or exemplary damages of not less than $500 but not more than $25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution of any action under this Section. The remedies provided in this Section are in addition to any other remedies allowed by law. In an action under this Section, the court may enter any injunctive orders reasonably necessary to protect animals from any further acts of abuse, neglect, or harassment by a defendant. Trespass is not a defense to any action under this Section. The statute of limitations for cruelty to animals is 2 years. (510 ILCS 70/21 new) Sec. 21. Illinois Animal Abuse Fund. The Illinois Animal Abuse Fund is created as a special fund in the State treasury. Moneys in the Fund may be used, subject to appropriation, by the Department of Agriculture to investigate animal abuse and neglect under this Act. Section 10. The Clerks of Courts Act is amended by changing Section 27.5 as follows: (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110%
35 [March 30, 2001] limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund: (1) 50% of amounts collected for Class 4 felonies under subsection (a), paragraph (4) of subsection (b), and paragraphs (5), (6), (7), (8.5), and (9) of subsection (c) of Section 16 of the Humane Care for Animals Act. (2) 20% of amounts collected for Class A misdemeanors under subsection (a), paragraph (4) of subsection (b), and paragraphs (6), (7), and (9) of subsection (c) of Section 16 of the Humane Care for Animals Act. (3) 20% of amounts collected for Class B misdemeanors under subsection (d) of Section 16 of the Humane Care for Animals Act. (4) 50% of amounts collected for Class C misdemeanors under subsection (d) of Section 16 of the Humane Care for Animals Act. (Source: P.A. 89-234, eff. 1-1-96.) Section 15. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Illinois Animal Abuse Fund. Section 25. Severability. The provisions of this amendatory Act of the 92nd General Assembly are severable under Section 1.31 of the Statute on Statutes. Section 99. Effective date. This Act takes effect on January 1, 2002.". Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 599 AMENDMENT NO. 2. Amend House Bill 599, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows: on page 1, line 7, by deleting "17,"; and on page 3, line 5, by replacing "must" with "may"; and on page 3, line 12, by deleting "of"; and on page 5, line 26, by deleting "costs associated with custodial care."; and on page 7, line 14, by deleting "In the event of the acquittal or final discharge"; and on page 7, by deleting lines 15 through 27; and on page 9, line 8, by deleting "The officer must place the dogs in"; and on page 9, by deleting lines 9 through 12; and on page 9, line 13, by deleting "trial."; and on page 10, line 12, by deleting "In the event of the"; and
[March 30, 2001] 36 on page 10, by deleting lines 13 through 20; and on page 10, line 21, by deleting "euthanized."; and on page 10, line 33, after "circumstances", by inserting "
37 [March 30, 2001] for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearm dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923)
[March 30, 2001] 38 violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years. (5) Any person convicted of unlawful sale of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony. (D) For purposes of this Section: "School" means a public or private elementary or secondary school, community college, college, or university. "School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district. (E) No unit of local government, including a home rule unit, may regulate the purchase or sale of firearms in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99; 91-696, eff. 4-13-00.) (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition. (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when: (1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or (2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or (3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or (4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or (5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or (6) He has in his possession any explosive bullet.
39 [March 30, 2001] For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (b) Sentence. Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code. (Source: P.A. 91-696, eff. 4-13-00.) (720 ILCS 5/24-3.5) Sec. 24-3.5. Unlawful purchase of a firearm. (a) For purposes of this Section, "firearms transaction record form" means a form: (1) executed by a transferee of a firearm stating: (i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and (2) on which the transferee certifies that he or she is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce. (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm. (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form. (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act. (e) Sentence. (1) A person who commits the offense of unlawful purchase of a firearm by purchasing a firearm with intent to deliver the firearm in violation of subsection (b) or by purchasing or attempting to purchase a firearm in violation of subsection (c): (A) is guilty of a Class 4 felony for purchasing or attempting to purchase one firearm; (B) is guilty of a Class 3 felony for purchasing or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period; (C) is guilty of a Class 2 felony for purchasing or attempting to purchase not less than 6 firearms and not more than 10 firearms at the same time or within a 2 year period; (D) is guilty of a Class 1 felony for purchasing or attempting to purchase not less than 11 firearms and not more than 20 firearms at the same time or within a 3 year period; (E) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years for purchasing or
[March 30, 2001] 40 attempting to purchase not less than 21 firearms and not more than 30 firearms at the same time or within a 4 year period; (F) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years for purchasing or attempting to purchase not less than 31 firearms and not more than 40 firearms at the same time or within a 5 year period; (G) is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years for purchasing or attempting to purchase more than 40 firearms at the same time or within a 6 year period. (1.6) A person who commits the offense of unlawful purchase of a firearm by purchasing a firearm with the intent to deliver the firearm in violation of subsection (b) or by purchasing a firearm in violation of subsection (c) shall be sentenced to an additional term of imprisonment of 10 years for each firearm purchased that was: (A) used in a crime that involved a violation of the Cannabis Control Act or the Illinois Controlled Substances Act; (B) used in a crime committed against a law enforcement officer; or (C) used in the commission of a felony. (2) In addition to any other penalty that may be imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation. (Source: P.A. 91-265, eff. 1-1-00.) (720 ILCS 5/37-1) (from Ch. 38, par. 37-1) Sec. 37-1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of the Criminal Code of 1961, or prohibited by the Illinois Controlled Substances Act, or the Cannabis Control Act, or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or any real property erected, established, maintained, owned, leased, or used by a streetgang for the purpose of conducting streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public nuisance. (a-5) A building used in the commission of an offense prohibited by Section 24-3 of this Code, may be abated as a public nuisance only if the person using the building for the commission of the offense has been convicted of a violation of Section 24-3. A building used in the commission of a violation of paragraph (h) of subsection (A) of Section 24-3 may be abated as a public nuisance only if the Department of State Police has published a list of firearms prohibited under that paragraph. (b) Sentence. A person convicted of knowingly maintaining such a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony. (Source: P.A. 91-876, eff. 1-1-01.) Section 99. Effective date. This Act takes effect upon becoming law.". Representative John Jones offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 902 AMENDMENT NO. 2. Amend House Bill 902, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1 on page 6, by replacing lines 6 through 12 with the following: "(E) No unit of local government, including a home rule unit, may
41 [March 30, 2001] regulate the purchase or sale of firearms. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.". And on that motion, a vote was taken resulting as follows: 61, Yeas; 50, Nays; 0, Answering Present. (ROLL CALL 5) The motion prevailed and the amendment was adopted and ordered printed. 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 728. Having been recalled on March 23, 2001, and held on the order of Second Reading, the same was again taken up. Representative Schoenberg offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 728 AMENDMENT NO. 1. Amend House Bill 728 as follows: on page 1, by replacing lines 10 and 11 with the following: "separate occasions through the use of electronic communication:"; and on page 1, line 15, by replacing ", or" with ", that"; and on page 1, by deleting lines 20 through 22. 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 again advanced to the order of Third Reading. HOUSE BILL 3073. Having been recalled on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bost offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3073 AMENDMENT NO. 1. Amend House Bill 3073 as follows: on page 1, line 5, by replacing "Sections 15-101 and 15-113" with "Section 15-101"; and on page 2, by deleting lines 6 through 33; and by deleting page 3; and on page 4, by deleting lines 1 through 3. 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 again held on the order of Second Reading. HOUSE BILL 800. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Insurance, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 800
[March 30, 2001] 42 AMENDMENT NO. 1. Amend House Bill 800 on page 1, line 15, by changing "an" to "a registered firm"; and on page 1, line 16, by deleting "insurance producer"; and on page 1 by inserting immediately below line 17 the following: "For purposes of this Section only, a registered firm also includes a sole proprietorship that transacts the business of insurance as an insurance agency."; and on page 1, line 21, by changing "an" to "a registered firm"; and on page 1, line 22, by deleting "insurance producer"; and on page 1, line 26, by changing "insurance producer" to "registered firm"; and on page 2, line 6, by changing "insurance producer" to "registered firm"; and on page 2, line 14, by changing "agent" to "producer"; and on page 2, line 16, by changing "business" to "coverage"; and on page 2, line 22, by changing "for" to "or primarily for"; and on page 2, line 23, by deleting "or"; and on page 2, line 24, by changing "health" to "accident and health"; and on page 2 by replacing line 25 with the following: "insurance; (5) when the independent insurance producer is in default for nonpayment of premiums under the contract with the insurer; or (6) to any insurance company's obligations under Sections 143.17 and 143.17a of this Code."; and on page 2 by inserting immediately below line 28 the following: "For purposes of this Section, an insurance producer shall be deemed to have agreed to act primarily for one company or a group of affiliated insurance companies if the producer (i) receives 75% or more of his or her insurance related commissions from one company or a group of affiliated companies or (ii) places 75% or more of his or her policies with one company or a group of affiliated companies."; and on page 2 by deleting line 34; and on page 3 by deleting lines 1 and 2. Representative Mautino offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 800 AMENDMENT NO. 2. Amend House Bill 800, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by adding Section 507.2 as follows: (215 ILCS 5/507.2 new) Sec. 507.2. Policyholder information and exclusive ownership of expirations. (a) As used in this Section, "expirations" means all information relative to an insurance policy including, but not limited to, the name and address of the insured, the location and description of the property insured, the value of the insurance policy, the inception date, the renewal date, and the expiration date of the insurance policy, the premiums, the limits and a description of the terms and coverage of the insurance policy, and any other personal and privileged information, as defined by Section 1003 of this Code, compiled by a registered firm or furnished by the insured to the insurer or any agent, contractor, or representative of the insurer. For purposes of this Section only, a registered firm also includes a sole proprietorship that transacts the business of insurance as an insurance agency. (b) All "expirations" as defined in subsection (a) of this Section shall be mutually and exclusively owned by the insured and the registered firm. The limitations on the use of expirations as provided in subsections (c) and (d) of this Section shall be for mutual benefit of the insured and the registered firm. (c) Except as otherwise provided in this Section, for purposes of
43 [March 30, 2001] soliciting, selling, or negotiating the renewal or sale of insurance coverage, insurance products, or insurance services or for any other marketing purpose, a registered firm shall own and have the exclusive use of expirations, records, and other written or electronically stored information directly related to an insurance application submitted by, or an insurance policy written through, the registered firm. No insurance company, managing general agent, surplus lines insurance broker, wholesale broker, group self-insurance fund, third party administrator, or any other entity shall use such expirations, records, or other written or electronically stored information to solicit, sell, or negotiate the renewal or sale of insurance coverage, insurance products, or insurance services to the insured or for any other marketing purposes, either directly or by providing such information to others, except in the case of a financial institution as defined by Section 1402 of this Code, without, separate from the general agency contract, the written consent of the registered firm. However, such expirations, records, or other written or electronically stored information may be used for any purpose necessary for placing such business through the insurance producer including reviewing an application and issuing or renewing a policy and for loss control services. For purposes of this Section, "financial institution" does not include an insurance company, registered firm, managing general agent, surplus lines broker, wholesale broker, group self-funded insurance fund, or third-party administrator. (d) With respect to a registered firm, this Section shall not apply: (1) when the insured requests either orally or in writing that another registered firm obtain quotes for insurance from another insurance company or when the insured requests in writing individually or through another registered firm, that the insurance company renew the policy; (2) to policies in the Illinois Fair Plan, the Illinois Automobile Insurance Plan, or the Illinois Assigned Risk Plan for coverage under the Workers' Compensation Act and the Workers' Occupational Diseases Act; (3) when the insurance producer is employed by or has agreed to act exclusively or primarily for one company or group of affiliated insurance companies or to a producer who submits to the company or group of affiliated companies that are organized to transact business in this State as a reciprocal company, as defined in Article IV of this Code, every request or application for insurance for the classes and lines underwritten by the company or group of affiliated companies; (4) to policies providing life and accident and health insurance; (5) when the registered firm is in default for nonpayment of premiums under the contract with the insurer or is guilty of conversion of the insured's or insurer's premiums or its license is revoked by or surrendered to the Department; (6) to any insurance company's obligations under Sections 143.17 and 143.17a of this Code; or (7) to any insurer that, separate from a producer or registered firm, creates, develops, compiles, and assembles its own, identifiable expirations as defined in subsection (a). For purposes of this Section, an insurance producer shall be deemed to have agreed to act primarily for one company or a group of affiliated insurance companies if the producer (i) receives 75% or more of his or her insurance related commissions from one company or a group of affiliated companies or (ii) places 75% or more of his or her policies with one company or a group of affiliated companies. Nothing in this Section prohibits an insurance company, with respect to any items herein, from conveying to the insured or the registered firm any additional benefits or ownership rights including, but not limited to, the ownership of expirations on any policy issued or the imposition of further restrictions on the insurance company's
[March 30, 2001] 44 use of the insured's personal information. (e) The Director may adopt rules in accordance with Section 401 of this Code for the enforcement of this Section. (f) This Section applies to the expirations relative to all policies of insurance bound, applied for, sold, renewed, or otherwise taking effect on or after the effective date of this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. 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 914. Having been read by title a second time on March 29, 2001, and held on the order of Second Reading, the same was again taken up. Representative Moore offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO HOUSE BILL 914 AMENDMENT NO. 4. Amend House Bill 914, AS AMENDED, with reference to the page and line numbers of House Amendment No. 3, on page 17, in line 11, after "County", by inserting "(other than a municipality with a population over 1,000,000)"; and on page 17, in line 19, after "county", by inserting ", other than a municipality with a population over 1,000,000". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2235. Having been recalled on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Kenner offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2235 AMENDMENT NO. 1. Amend House Bill 2235 on page 1, by inserting after line 3 the following: "Section 3. The Secretary of State Act is amended by adding Section 20 as follows: (15 ILCS 305/20 new) Sec. 20. Security guard shields. The Secretary may issue shields or other distinctive identification to his or her security guards, wherever located in the State, if the Secretary determines that a shield or distinctive identification is needed by the security guard to carry out his or her responsibilities.". 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 again advanced to the order of Third Reading.
45 [March 30, 2001] HOUSE BILL 2519. Having been recalled on March 26, 2001, and held on the order of Second Reading, the same was again taken up. Representative Younge offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2519 AMENDMENT NO. 2. Amend House Bill 2519 as follows: on page 1, line 1, by replacing "a performing arts school" with "an academy for performing, visual, and cultural arts"; and on page 1, line 5, by replacing "Performing Arts School" with "Academy for Performing, Visual, and Cultural Arts"; and on page 1, lines 10 and 11, by deleting "in the expressive areas of Dance, Music, and Theatre"; and on page 1, line 19, by deleting "performing"; and on page 1, line 23, by replacing "Performing Arts School" with "Academy for Performing, Visual, and Cultural Arts"; and on page 1, line 25, by replacing "the various performing arts areas" with "the performing, visual, or cultural arts"; and on page 1, line 29, by replacing "school" with "Academy"; and on page 1, line 31, by deleting "performing"; and on page 2, line 3, by deleting "performing"; and on page 2, line 4, after the period, by inserting "The visual arts program shall include painting, weaving, pottery, silk screen design, and sculpture. The performing arts program shall include performances in theaters, operas, television, colleges, schools, and federal, State, and local programs."; and on page 2, line 5, by replacing "school" with "Academy"; and on page 2, line 6, by deleting "performing"; and on page 2, line 8, by replacing "school" with "Academy"; and on page 2, line 11, by deleting "performing"; and on page 2, line 13, by replacing "school" with "Academy"; and on page 2, line 17, by deleting "performing"; and on page 2, line 18, by deleting "components of Dance, Music, and Theatre"; and on page 2, line 19, by replacing "school" with "Academy"; and on page 2, line 20, after "State", by inserting "and the world"; and on page 2, line 22, by deleting "performing"; and on page 2, line 23, by deleting "performing"; and on page 2, line 27, by deleting "performing"; and on page 2, line 32, by replacing "school" with "Academy"; and on page 2, line 33, by deleting "performing"; and on page 3, line 4, by replacing "school" with "Academy"; and on page 3, line 7, by deleting "performing"; and on page 3, line 12, by deleting "performing"; and on page 3, lines 15 and 16, by replacing "Performing Arts School" with "Academy for Performing, Visual, and Cultural Arts"; and on page 3, line 16, by replacing "a performing" with "an"; and on page 3, line 18, by replacing "school" with "Academy"; and on page 3, line 24, by replacing "school" with "Academy"; and on page 3, line 32, by replacing "Performing Arts School" with "Academy for Performing, Visual, and Cultural Arts"; and on page 4, line 5, by replacing "each of the performing" with "the"; and on page 4, line 6, by deleting "components of Dance, Music, and Theatre"; and on page 4, line 33, by replacing "school" with "Academy"; and on page 5, line 11, by replacing "school" with "Academy"; and on page 5, line 27, by replacing "school" with "Academy"; and on page 5, line 32, by replacing "school" with "Academy"; and on page 6, line 4, by replacing "school" with "Academy"; and on page 6, line 20, by replacing "school" with "Academy"; and on page 6, line 29, by replacing "school" with "Academy"; and on page 6, line 33, by replacing "school" with "Academy"; and on page 7, line 1, by replacing "school" with "Academy"; and
[March 30, 2001] 46 on page 7, line 5, by replacing "school" with "Academy". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 1819. Having been read by title a second time on March 28, 2001, and held on the order of Second Reading, the same was again taken up. Representative O'Brien offered and withdrew Amendment No. 1. Representative O'Brien offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 1819 AMENDMENT NO. 2. Amend House Bill 1819 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Nursing Home Care Act is amended by adding Section 3-206.04 as follows: (210 ILCS 45/3-206.04 new) Sec. 3-206.04. Certified Nurse Assistant Career Ladders Program. The Department shall convene a task force to determine the feasibility and curriculum for a Certified Nurse Assistant Career Ladders Program. Any such program shall articulate with licensed practical nurse education. The task force shall be comprised of 2 members from Illinois public community college faculty, one of whom shall be a registered professional nurse, 2 members from the nursing home community, one of whom shall be a registered professional nurse, one member who is a Certified Nurse Assistant Educator, and representatives from the Department. The task force shall report its findings and recommendations to the General Assembly on or before January 1, 2002. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3011. Having been printed, was taken up and read by title a second time. Representative Delgado offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3011 AMENDMENT NO. 1. Amend House Bill 3011 on page 1, line 12, before the period, by inserting the following: ", except that "vendor" does not mean a facility licensed under the Nursing Home Care Act as a skilled or intermediate care facility, including an intermediate care facility for the developmentally disabled". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1
47 [March 30, 2001] was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3050. Having been recalled on March 28, 2001, and held on the order of Second Reading, the same was again taken up. Representative Jerry Mitchell offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3050 AMENDMENT NO. 1. Amend House Bill 3050 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 18-8.05 as follows: (105 ILCS 5/18-8.05) Sec. 18-8.05. Basis for apportionment of general State financial aid and supplemental general State aid to the common schools for the 1998-1999 and subsequent school years. (A) General Provisions. (1) The provisions of this Section apply to the 1998-1999 and subsequent school years. The system of general State financial aid provided for in this Section is designed to assure that, through a combination of State financial aid and required local resources, the financial support provided each pupil in Average Daily Attendance equals or exceeds a prescribed per pupil Foundation Level. This formula approach imputes a level of per pupil Available Local Resources and provides for the basis to calculate a per pupil level of general State financial aid that, when added to Available Local Resources, equals or exceeds the Foundation Level. The amount of per pupil general State financial aid for school districts, in general, varies in inverse relation to Available Local Resources. Per pupil amounts are based upon each school district's Average Daily Attendance as that term is defined in this Section. (2) In addition to general State financial aid, school districts with specified levels or concentrations of pupils from low income households are eligible to receive supplemental general State financial aid grants as provided pursuant to subsection (H). The supplemental State aid grants provided for school districts under subsection (H) shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. (3) To receive financial assistance under this Section, school districts are required to file claims with the State Board of Education, subject to the following requirements: (a) Any school district which fails for any given school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized. (b) School district claims filed under this Section are subject to Sections 18-9, 18-10, and 18-12, except as otherwise provided in this Section. (c) If a school district operates a full year school under Section 10-19.1, the general State aid to the school district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable.
[March 30, 2001] 48 (d) (Blank). (4) Except as provided in subsections (H) and (L), the board of any district receiving any of the grants provided for in this Section may apply those funds to any fund so received for which that board is authorized to make expenditures by law. School districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section. (5) As used in this Section the following terms, when capitalized, shall have the meaning ascribed herein: (a) "Average Daily Attendance": A count of pupil attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial support levels. (b) "Available Local Resources": A computation of local financial support, calculated on the basis of Average Daily Attendance and derived as provided pursuant to subsection (D). (c) "Corporate Personal Property Replacement Taxes": Funds paid to local school districts pursuant to "An Act in relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1). (d) "Foundation Level": A prescribed level of per pupil financial support as provided for in subsection (B). (e) "Operating Tax Rate": All school district property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes. (B) Foundation Level. (1) The Foundation Level is a figure established by the State representing the minimum level of per pupil financial support that should be available to provide for the basic education of each pupil in Average Daily Attendance. As set forth in this Section, each school district is assumed to exert a sufficient local taxing effort such that, in combination with the aggregate of general State financial aid provided the district, an aggregate of State and local resources are available to meet the basic education needs of pupils in the district. (2) For the 1998-1999 school year, the Foundation Level of support is $4,225. For the 1999-2000 school year, the Foundation Level of support is $4,325. For the 2000-2001 school year, the Foundation Level of support is $4,425. (3) For the 2001-2002 school year and each school year thereafter, the Foundation Level of support is $4,600
49 [March 30, 2001] pupil, as that term is defined and determined in this subsection, shall be utilized. Available Local Resources per pupil shall include a calculated dollar amount representing local school district revenues from local property taxes and from Corporate Personal Property Replacement Taxes, expressed on the basis of pupils in Average Daily Attendance. (2) In determining a school district's revenue from local property taxes, the State Board of Education shall utilize the equalized assessed valuation of all taxable property of each school district as of September 30 of the previous year. The equalized assessed valuation utilized shall be obtained and determined as provided in subsection (G). (3) For school districts maintaining grades kindergarten through 12, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 3.00%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades kindergarten through 8, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 2.30%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades 9 through 12, local property tax revenues per pupil shall be the applicable equalized assessed valuation of the district multiplied by 1.05%, and divided by the district's Average Daily Attendance figure. (4) The Corporate Personal Property Replacement Taxes paid to each school district during the calendar year 2 years before the calendar year in which a school year begins, divided by the Average Daily Attendance figure for that district, shall be added to the local property tax revenues per pupil as derived by the application of the immediately preceding paragraph (3). The sum of these per pupil figures for each school district shall constitute Available Local Resources as that term is utilized in subsection (E) in the calculation of general State aid. (E) Computation of General State Aid. (1) For each school year, the amount of general State aid allotted to a school district shall be computed by the State Board of Education as provided in this subsection. (2) For any school district for which Available Local Resources per pupil is less than the product of 0.93 times the Foundation Level, general State aid for that district shall be calculated as an amount equal to the Foundation Level minus Available Local Resources, multiplied by the Average Daily Attendance of the school district. (3) For any school district for which Available Local Resources per pupil is equal to or greater than the product of 0.93 times the Foundation Level and less than the product of 1.75 times the Foundation Level, the general State aid per pupil shall be a decimal proportion of the Foundation Level derived using a linear algorithm. Under this linear algorithm, the calculated general State aid per pupil shall decline in direct linear fashion from 0.07 times the Foundation Level for a school district with Available Local Resources equal to the product of 0.93 times the Foundation Level, to 0.05 times the Foundation Level for a school district with Available Local Resources equal to the product of 1.75 times the Foundation Level. The allocation of general State aid for school districts subject to this paragraph 3 shall be the calculated general State aid per pupil figure multiplied by the Average Daily Attendance of the school district. (4) For any school district for which Available Local Resources per pupil equals or exceeds the product of 1.75 times the Foundation Level, the general State aid for the school district shall be calculated as the product of $218 multiplied by the Average Daily Attendance of the school district. (5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district
[March 30, 2001] 50 for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of subsection (G) less the general State aid allotted for the 1998-1999 school year. This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations. (F) Compilation of Average Daily Attendance. (1) Each school district shall, by July 1 of each year, submit to the State Board of Education, on forms prescribed by the State Board of Education, attendance figures for the school year that began in the preceding calendar year. The attendance information so transmitted shall identify the average daily attendance figures for each month of the school year, except that any days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. Except as otherwise provided in this Section, days of attendance by pupils shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of: (i) teachers, or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18, with pupils of legal school age and in kindergarten and grades 1 through 12. Days of attendance by tuition pupils shall be accredited only to the districts that pay the tuition to a recognized school. (2) Days of attendance by pupils of less than 5 clock hours of school shall be subject to the following provisions in the compilation of Average Daily Attendance. (a) Pupils regularly enrolled in a public school for only a part of the school day may be counted on the basis of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment. (b) Days of attendance may be less than 5 clock hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent-teacher conferences, provided a district conducts an in-service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels
51 [March 30, 2001] and different attendance centers of the district. (e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance. (h) A recognized kindergarten which provides for only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education. (G) Equalized Assessed Valuation Data. (1) For purposes of the calculation of Available Local Resources required pursuant to subsection (D), the State Board of Education shall secure from the Department of Revenue the value as equalized or assessed by the Department of Revenue of all taxable property of every school district, together with (i) the applicable tax rate used in extending taxes for the funds of the district as of September 30 of the previous year and (ii) the limiting rate for all school districts subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law. This equalized assessed valuation, as adjusted further by the requirements of this subsection, shall be utilized in the calculation of Available Local Resources. (2) The equalized assessed valuation in paragraph (1) shall be adjusted, as applicable, in the following manner: (a) For the purposes of calculating State aid under this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment Allocation Redevelopment Act or in Section 11-74.6-35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid.
[March 30, 2001] 52 (b) The real property equalized assessed valuation for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b). (3) For the 1999-2000 school year and each school year thereafter, if a school district meets all of the criteria of this subsection (G)(3), the school district's Available Local Resources shall be calculated under subsection (D) using the district's Extension Limitation Equalized Assessed Valuation as calculated under this subsection (G)(3). For purposes of this subsection (G)(3) the following terms shall have the following meanings: "Budget Year": The school year for which general State aid is calculated and awarded under subsection (E). "Base Tax Year": The property tax levy year used to calculate the Budget Year allocation of general State aid. "Preceding Tax Year": The property tax levy year immediately preceding the Base Tax Year. "Base Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law. "Preceding Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A). "Extension Limitation Ratio": A numerical ratio, certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension. "Operating Tax Rate": The operating tax rate as defined in subsection (A). If a school district is subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law, and if the Available Local Resources of that school district as calculated pursuant to subsection (D) using the Base Tax Year are less than the product of 1.75 times the Foundation Level for the Budget Year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation of that district. For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio. For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the last calculated Extension Limitation Equalized Assessed Valuation and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of a school district as calculated under this subsection (G)(3) is less than the district's equalized assessed valuation as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of calculating the district's general State aid for the Budget Year pursuant to subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources under subsection (D). (4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a
53 [March 30, 2001] triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid. This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources. (5) For school districts having a majority of their equalized assessed valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if the amount of general State aid allocated to the school district for the 1999-2000 school year under the provisions of subsection (E), (H), and (J) of this Section is less than the amount of general State aid allocated to the district for the 1998-1999 school year under these subsections, then the general State aid of the district for the 1999-2000 school year only shall be increased by the difference between these amounts. The total payments made under this paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they exceed $14,000,000. (H) Supplemental General State Aid. (1) In addition to the general State aid a school district is allotted pursuant to subsection (E), qualifying school districts shall receive a grant, paid in conjunction with a district's payments of general State aid, for supplemental general State aid based upon the concentration level of children from low-income households within the school district. Supplemental State aid grants provided for school districts under this subsection shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. For purposes of this subsection, the term "Low-Income Concentration Level" shall be the low-income eligible pupil count from the most recently available federal census divided by the Average Daily Attendance of the school district. If, however, the percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count of a high school district with fewer than 400 students exceeds by 75% or more the percentage change in the total low-income eligible pupil count of contiguous elementary school districts, whose boundaries are coterminous with the high school district, the high school district's low-income eligible pupil count from the earlier federal census shall be the number used as the low-income eligible pupil count for the high school district, for purposes of this subsection (H). (2) Supplemental general State aid pursuant to this subsection shall be provided as follows: (a) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for any school year before the 2001-2002 school year shall be $800 multiplied by the low income eligible pupil count. (b) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for the 1998-1999 school year shall be $1,100 multiplied by the low income eligible pupil count. (c) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for the 1998-99 school year shall be $1,500 multiplied by the low income eligible pupil count. (d) For any school district with a Low Income Concentration Level of 60% or more, the grant for the 1998-99 school year shall be $1,900 multiplied by the low income eligible pupil count.
[March 30, 2001] 54 (e) For the 1999-2000 school year, the per pupil amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively. (f) For the 2000-2001 school year, the per pupil amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively. (g) The following shall be the grant for the 2001-2002 school year and each school year thereafter: (i) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant shall be 28% of the Foundation Level multiplied by the low income eligible pupil count. (ii) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant shall be 31% of the Foundation Level multiplied by the low income eligible pupil count. (iii) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant shall be 38% of the Foundation Level multiplied by the low income eligible pupil count. (iv) For any school district with a Low Income Concentration Level of 60% or more, the grant shall be 47% of the Foundation Level multiplied by the low income eligible pupil count. (3) School districts with an Average Daily Attendance of more than 1,000 and less than 50,000 that qualify for supplemental general State aid pursuant to this subsection shall submit a plan to the State Board of Education prior to October 30 of each year for the use of the funds resulting from this grant of supplemental general State aid for the improvement of instruction in which priority is given to meeting the education needs of disadvantaged children. Such plan shall be submitted in accordance with rules and regulations promulgated by the State Board of Education. (4) School districts with an Average Daily Attendance of 50,000 or more that qualify for supplemental general State aid pursuant to this subsection shall be required to distribute from funds available pursuant to this Section, no less than $261,000,000 in accordance with the following requirements: (a) The required amounts shall be distributed to the attendance centers within the district in proportion to the number of pupils enrolled at each attendance center who are eligible to receive free or reduced-price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year. (b) The distribution of these portions of supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school. (c) Each attendance center shall be provided by the school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance centers. (d) Any funds made available under this subsection that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose. (e) Funds received by an attendance center pursuant to this subsection shall be used by the attendance center at the discretion
55 [March 30, 2001] of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule. (f) Each district subject to the provisions of this subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34-2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education. Upon notification by the State Board of Education that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted. If the district fails to distribute State aid to attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding. For purposes of determining compliance with this subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds. The State Board of Education shall promulgate rules and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education. (I) General State Aid for Newly Configured School Districts. (1) For a new school district formed by combining property included totally within 2 or more previously existing school districts, for its first year of existence the general State aid and supplemental general State aid calculated under this Section shall be computed for the new district and for the previously existing districts for which property is totally included within the new district. If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made
[March 30, 2001] 56 for the first 4 years of existence of the new district. (2) For a school district which annexes all of the territory of one or more entire other school districts, for the first year during which the change of boundaries attributable to such annexation becomes effective for all purposes as determined under Section 7-9 or 7A-8, the general State aid and supplemental general State aid calculated under this Section shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation; and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon such annexation. (3) For 2 or more school districts which annex all of the territory of one or more entire other school districts, and for 2 or more community unit districts which result upon the division (pursuant to petition under Section 11A-2) of one or more other unit school districts into 2 or more parts and which together include all of the parts into which such other unit school district or districts are so divided, for the first year during which the change of boundaries attributable to such annexation or division becomes effective for all purposes as determined under Section 7-9 or 11A-10, as the case may be, the general State aid and supplemental general State aid calculated under this Section shall be computed for each annexing or resulting district as constituted after the annexation or division and for each annexing and annexed district, or for each resulting and divided district, as constituted prior to the annexation or division; and if the aggregate of the general State aid and supplemental general State aid as so computed for the annexing or resulting districts as constituted after the annexation or division is less than the aggregate of the general State aid and supplemental general State aid as so computed for the annexing and annexed districts, or for the resulting and divided districts, as constituted prior to the annexation or division, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing or resulting districts, as constituted upon such annexation or division, for the first 4 years of their existence. The total difference payment shall be allocated between or among the annexing or resulting districts in the same ratio as the pupil enrollment from that portion of the annexed or divided district or districts which is annexed to or included in each such annexing or resulting district bears to the total pupil enrollment from the entire annexed or divided district or districts, as such pupil enrollment is determined for the school year last ending prior to the date when the change of boundaries attributable to the annexation or division becomes effective for all purposes. The amount of the total difference payment and the amount thereof to be allocated to the annexing or resulting districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data which shall be certified to the State Board of Education, on forms which it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts, or resulting and divided districts are located. (3.5) Claims for financial assistance under this subsection (I) shall not be recomputed except as expressly provided under this Section. (4) Any supplementary payment made under this subsection (I) shall be treated as separate from all other payments made pursuant to this Section. (J) Supplementary Grants in Aid. (1) Notwithstanding any other provisions of this Section, the amount of the aggregate general State aid in combination with supplemental general State aid under this Section for which each school district is eligible shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school year, pursuant to the
57 [March 30, 2001] provisions of that Section as it was then in effect. If a school district qualifies to receive a supplementary payment made under this subsection (J), the amount of the aggregate general State aid in combination with supplemental general State aid under this Section which that district is eligible to receive for each school year shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-1998 school year, pursuant to the provisions of that Section as it was then in effect. (2) If, as provided in paragraph (1) of this subsection (J), a school district is to receive aggregate general State aid in combination with supplemental general State aid under this Section for the 1998-99 school year and any subsequent school year that in any such school year is less than the amount of the aggregate general State aid entitlement that the district received for the 1997-98 school year, the school district shall also receive, from a separate appropriation made for purposes of this subsection (J), a supplementary payment that is equal to the amount of the difference in the aggregate State aid figures as described in paragraph (1). (3) (Blank). (K) Grants to Laboratory and Alternative Schools. In calculating the amount to be paid to the governing board of a public university that operates a laboratory school under this Section or to any alternative school that is operated by a regional superintendent of schools, the State Board of Education shall require by rule such reporting requirements as it deems necessary. As used in this Section, "laboratory school" means a public school which is created and operated by a public university and approved by the State Board of Education. The governing board of a public university which receives funds from the State Board under this subsection (K) may not increase the number of students enrolled in its laboratory school from a single district, if that district is already sending 50 or more students, except under a mutual agreement between the school board of a student's district of residence and the university which operates the laboratory school. A laboratory school may not have more than 1,000 students, excluding students with disabilities in a special education program. As used in this Section, "alternative school" means a public school which is created and operated by a Regional Superintendent of Schools and approved by the State Board of Education. Such alternative schools may offer courses of instruction for which credit is given in regular school programs, courses to prepare students for the high school equivalency testing program or vocational and occupational training. A regional superintendent of schools may contract with a school district or a public community college district to operate an alternative school. An alternative school serving more than one educational service region may be established by the regional superintendents of schools of the affected educational service regions. An alternative school serving more than one educational service region may be operated under such terms as the regional superintendents of schools of those educational service regions may agree. Each laboratory and alternative school shall file, on forms provided by the State Superintendent of Education, an annual State aid claim which states the Average Daily Attendance of the school's students by month. The best 3 months' Average Daily Attendance shall be computed for each school. The general State aid entitlement shall be computed by multiplying the applicable Average Daily Attendance by the Foundation Level as determined under this Section. (L) Payments, Additional Grants in Aid and Other Requirements. (1) For a school district operating under the financial supervision of an Authority created under Article 34A, the general State aid otherwise payable to that district under this Section, but not the supplemental general State aid, shall be reduced by an amount equal to the budget for the operations of the Authority as certified by the Authority to the State Board of Education, and an amount equal to
[March 30, 2001] 58 such reduction shall be paid to the Authority created for such district for its operating expenses in the manner provided in Section 18-11. The remainder of general State school aid for any such district shall be paid in accordance with Article 34A when that Article provides for a disposition other than that provided by this Article. (2) (Blank). (3) Summer school. Summer school payments shall be made as provided in Section 18-4.3. (M) Education Funding Advisory Board. The Education Funding Advisory Board, hereinafter in this subsection (M) referred to as the "Board", is hereby created. The Board shall consist of 5 members who are appointed by the Governor, by and with the advice and consent of the Senate. The members appointed shall include representatives of education, business, and the general public. One of the members so appointed shall be designated by the Governor at the time the appointment is made as the chairperson of the Board. The initial members of the Board may be appointed any time after the effective date of this amendatory Act of 1997. The regular term of each member of the Board shall be for 4 years from the third Monday of January of the year in which the term of the member's appointment is to commence, except that of the 5 initial members appointed to serve on the Board, the member who is appointed as the chairperson shall serve for a term that commences on the date of his or her appointment and expires on the third Monday of January, 2002, and the remaining 4 members, by lots drawn at the first meeting of the Board that is held after all 5 members are appointed, shall determine 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2001, and 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2000. All members appointed to serve on the Board shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies. The Education Funding Advisory Board shall be deemed established, and the initial members appointed by the Governor to serve as members of the Board shall take office, on the date that the Governor makes his or her appointment of the fifth initial member of the Board, whether those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies. The State Board of Education shall provide such staff assistance to the Education Funding Advisory Board as is reasonably required for the proper performance by the Board of its responsibilities. For school years after the 2000-2001 school year, the Education Funding Advisory Board, in consultation with the State Board of Education, shall make recommendations as provided in this subsection (M) to the General Assembly for the foundation level under subdivision (B)(3) of this Section and for the supplemental general State aid grant level under subsection (H) of this Section for districts with high concentrations of children from poverty. The recommended foundation level shall be determined based on a methodology which incorporates the basic education expenditures of low-spending schools exhibiting high academic performance. The Education Funding Advisory Board shall make such recommendations to the General Assembly on January 1 of odd numbered years, beginning January 1, 2001. (N) (Blank). (O) References. (1) References in other laws to the various subdivisions of Section 18-8 as that Section existed before its repeal and replacement
59 [March 30, 2001] by this Section 18-8.05 shall be deemed to refer to the corresponding provisions of this Section 18-8.05, to the extent that those references remain applicable. (2) References in other laws to State Chapter 1 funds shall be deemed to refer to the supplemental general State aid provided under subsection (H) of this Section. (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-27-99.) Section 10. The State Aid Continuing Appropriation Law is amended by changing Sections 15-10, 15-15, and 15-20 as follows: (105 ILCS 235/15-10) Sec. 15-10. Annual budget; recommendation. The Governor shall include a Common School Fund recommendation to the State Board of Education in the
[March 30, 2001] 60 on the order of Second Reading, the same was again taken up. Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3098 AMENDMENT NO. 2. Amend House Bill 3098 on page 2, by inserting after line 1 the following: "The provisions concerning availability of minutes of a closed meeting contained in this Section do not supersede the privacy or confidentiality provisions of State or federal law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 3363. Having been printed, was taken up and read by title a second time. Representative Curry offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3363 AMENDMENT NO. 1. Amend House Bill 3363 on page 1, line 12, after "vehicle.", by inserting "Any annual fee charged for a license to operate a horse-drawn vehicle may not exceed $25.". 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 held on the order of Second Reading. HOUSE BILL 2009. Having been recalled on March 23, 2001, and held on the order of Second Reading, the same was again taken up. Representative Yarbrough offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2009 AMENDMENT NO. 1. Amend House Bill 2009 on page 2, by replacing lines 9 and 10 with the following: "to a person who has been convicted of a forcible felony as defined in the Criminal Code of 1961, or a similar offense under the laws of any other jurisdiction, or who has been convicted of a violation of Section 5, 5.1, or 5.2 of the Cannabis Control Act or Section 401, 401.1, or 401.5 of the Illinois Controlled Substances Act, or a similar offense under the laws of any other jurisdiction. This subsection (d)". 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 again advanced to the order of Third Reading. HOUSE BILL 176. Having been read by title a second time on March 27, 2001, and held on the order of Second Reading, the same was again taken up.
61 [March 30, 2001] Representative Hoffman offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 176 AMENDMENT NO. 1. Amend House Bill 176 as follows: by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the No-Call Database Act. Section 5. Definitions. As used in this Act: (a) "Residential subscriber" means a person or spouse who has subscribed to residential telephone service from a local exchange company, a guardian of the person, or an individual who has power of attorney from or an authorized agent of the person; (b) "Established business relationship" means the existence of an oral or written arrangement, agreement, contract, or other such legal state of affairs between a person or entity and an existing customer where both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the existing customer and the person or entity directly, and does not extend to any related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate; (c) "Existing customer" means an individual who has either: (1) entered into a transaction, agreement, contract, or other such legal state of affairs between a person or entity and a residential subscriber where the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months, or has been previously arranged to take place at a future time; or (2) opened or maintained a credit card account or other such revolving credit or debit account or discount program offered by the person or entity and has not requested the person or entity to close such account or terminate such program; (d) "Telephone solicitation" means any voice communication over a telephone line from a live operator through the use of ADAD equipment or by other means for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services, but does not include communications: (1) To any residential subscriber with that subscriber's prior express invitation or permission; (2) By or on behalf of any person or entity with whom a residential subscriber has an established business relationship, which has not been terminated by either party in writing; (3) By or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of such person or entity; (4) By or on behalf of an entity organized under Section 501(c)(3) of the United States Internal Revenue Code, while the entity is engaged in fund raising to support the charitable purpose for which the entity was established; (5) By or on behalf of any entity over which a federal or State agency has regulatory authority to the extent that subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications services while the entity is engaged in telephone solicitation for long distance telecommunications services and or local telecommunications services until such time as all local exchange telecommunications services are determined to be competitive in all
[March 30, 2001] 62 areas of the State by the Illinois Commerce Commission; and (6) By or on behalf of a person licensed by the State of Illinois to carry out a trade, occupation or profession, who either: (A) is setting or attempting to set a face to face appointment for actions relating to that licensed trade, occupation or profession within the state, or (B) Is encouraging or attempting to encourage the purchase or rental of, or investment in property, goods, or services, which cannot be completed, and payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber. Section 10. Complaints. The Office of the Secretary of State shall receive telephone solicitation complaints from residential subscribers who have registered with that Office to object to such calls. Complaints shall be taken by any means deemed appropriate by the Secretary of State. Complaints against entities that are licensed, certificated, or permitted by a State or federal agency shall be forwarded for investigation by the Office of the Secretary of State to the appropriate agency provided that the respective agency maintains investigative powers in such matters. All other complaints shall be investigated by the Office of the Secretary of State. The standards for such referrals and investigations shall be determined by rules established by the Office of the Secretary of State. Section 15. Telephone solicitation. Beginning January 1, 2003, no person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this State who has given notice to the Secretary of State, in accordance with rules adopted under this Act, of the subscriber's objection to receiving telephone solicitations. Section 20. Database. (a) The Secretary of State shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. The Secretary of State may enter into a contract with a third party for the operation of the database. The database shall be in operation no later than January 1, 2003. (b) No later than July 1, 2002, the Secretary of State shall adopt rules consistent with this Act governing the establishment of a State no-call database the Secretary deems necessary and appropriate to fully implement this Act. The rules shall include, at a minimum, methods by which any person or entity desiring to make telephone solicitations will obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database. (c) The fee for persons or entities obtaining the list shall be determined by rules established by the Office of the Secretary of State, not to exceed $200 annually. All copies requested in paper form shall be assessed a per page fee to be determined by rules established by the Office of the Secretary of State. (d) The Secretary shall update the database and make information within the database available on a quarterly basis in a manner deemed appropriate by the Secretary, but at least electronically. (e) Entities shall have 60-days from the quarterly update of the database to comply with Section 15 of this Act. (f) If the Federal Communications Commission or Federal Trade Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations under Title 47 U.S.C., Section 227(c)(3), Illinois shall discontinue the database established under this Act. (g) Information contained in the database established under this Section shall be confidential and afforded reasonable privacy protection except as necessary for the purpose of compliance with Section 15, 25, and this Section or in a proceeding or action under Section 30. The information is not a public record under the Freedom of Information Act.
63 [March 30, 2001] (h) The Secretary of State shall periodically obtain subscription listings of residential subscribers in this State who have arranged to be included any national do-not-call list and add those names to the State do-not-call list. Section 25. Enrollment. (a) The Secretary of State shall establish any method deemed appropriate for residential subscribers to notify the Secretary of State that the residential subscriber wishes to be included in the database. (b) There shall be no cost to the subscriber for joining the database. (c) Any residential subscriber who wishes to be removed from the database may contact the Secretary of State in writing. (d) Enrollment in the database shall be effective from the start of the quarter following the date of enrollment for a term of 5 years or until the residential subscriber disconnects or changes his or her telephone number, whichever occurs first. The residential subscriber shall be responsible for notifying the Secretary of State of any changes in his or her telephone number. The Office of the Secretary of State shall use its best efforts to notify enrolled consumers prior to the end of the 5-year enrollment term of the option to re-enroll. Those consumers who do not re-enroll prior to the end of the 5-year term shall be removed from the database. Section 30. Relief. (a) The Secretary of State may initiate administrative proceedings pursuant to rules promulgated under this Act relating to a knowing and willful violation of Section 15. If it is determined after hearing that any person has knowingly and willfully violated one or more provisions of this Section, the Secretary may assess a fine not to exceed $2,500 for each violation. Any proceeding conducted pursuant to this Section shall be subject to the Illinois Administrative Procedure Act. (b) It is a defense in any action or proceeding brought under this Section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of Section 15. (c) No action or proceeding may be brought under this Section: (1) More than one year after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than one year after the termination of any proceeding or action arising out of the same violation or violations by the State of Illinois, whichever is later. (d) The remedies, duties, prohibition, and penalties of this Act are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (e) No provider of telephone caller identification service shall be held liable for violations of Section 15 committed by other persons or entities. (f) There is created in the State treasury a special fund to be known as the No-Call Database Fund. All fees and fines collected in the administration and enforcement of this Act shall be deposited into the Fund. Moneys in the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for implementation, administration, and enforcement of this Act. Section 35. Public Notification. The Secretary of State shall work with local exchange telecommunications companies to disseminate to their residential subscribers information about the availability of and instructions about how to request educational literature from the Secretary of State. The Secretary of State may enter into agreements with those companies for the purpose of dissemination of the educational literature. Telecommunications companies shall be required to disseminate the respective literature at least once per year in the form of both a bill message and a notice in the information Section of all telephone directories circulated to residential subscribers. The Secretary of State shall include on his or her Internet web site
[March 30, 2001] 64 information that informs residential subscribers of their rights to be placed on a no-call list and the various methods, including notice to the Secretary of State, of placing their names on this no-call list. The Secretary of State shall have this literature developed for dissemination to the public no later than January 1, 2002. Section 105. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. No-Call Database Fund. Section 999. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 176 AMENDMENT NO. 2. Amend House Bill 176, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1 as follows: on page 2, line 16, by inserting "a debit account," after "maintained"; and on page 2, line 17, by deleting "or debit account"; and on page 2, line 28, by replacing the semi-colon with the following: "when a voluntary 2-way communication between a person or entity and the residential subscriber has occurred with or without an exchange of consideration;". The motion prevailed and the amendments were adopted and ordered printed. 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 2564. Having been recalled on March 21, 2001, and held on the order of Second Reading, the same was again taken up. Representative Hoffman offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2564 AMENDMENT NO. 1. Amend House Bill 2564 on page 1, line 26 by inserting after "hereunder" the following: "for a remedy under paragraph (6) of subsection (d) or paragraph (6), (8), (10) or (11) of subsection (e) of Section 4 of this Act"; and on page 2, by replacing lines 5 and 6 with the following: "provision of Section 4 (other than paragraph (6) of subsection (d) or paragraph (6), (8), (10) or (11) of subsection (e) of Section 4), 5, 6, 7, 9, 10.1, or 11 of this Act; however, if notice of the provision under which the determination has been made is not given by the franchiser, then the proceeding shall be commenced as provided by Section 14 of this Act."; and on page 2, line 29 by changing "dispute," to "dispute
65 [March 30, 2001] on page 3, by replacing lines 4 through 13 with the following: "
[March 30, 2001] 66 AMENDMENT NO. 1. Amend House Bill 3212 by replacing line 23 on page 1 through line 28 on page 2 with the following: "(b) Moneys in the Fund may be invested or expended by the State Treasurer to provide venture capital to technology businesses seeking to locate, expand, or remain in Illinois by placing money with Illinois venture capital firms for investment by the venture capital firms in technology businesses. "Venture capital", as used in this Act, means equity financing that is provided for starting up, expanding, or relocating a company, or related purposes such as financing for seed capital, research and development, introduction of a product or process into the marketplace, or similar needs requiring risk capital. "Technology business", as used in this Act, means a company that has as its principal function the providing of services including computer, information transfer, communication, distribution, processing, administrative, laboratory, experimental, developmental, technical, testing services, manufacture of goods or materials, the processing of goods or materials by physical or chemical change, computer related activities, robotics, biological or pharmaceutical industrial activity, or technology oriented or emerging industrial activity. "Illinois venture capital firms", as used in this Act, means an entity incorporated in Illinois or that has a majority of its employees in Illinois and that provides equity financing for starting up or expanding a company, or related purposes such as financing for seed capital, research and development, introduction of a product or process into the marketplace, or similar needs requiring risk capital. (c) Any fund created by an Illinois venture capital firm in which the State Treasurer places money pursuant to this Act shall be required by the State Treasurer to invest an amount of the fund that equals or exceeds the amount of the State Treasurer's investment, in technology businesses seeking to locate, expand, or remain in Illinois. (d) The investment of the State Treasurer in any fund created by an Illinois venture capital firm in which the State Treasurer places money pursuant to this Act shall not exceed 20% of the total investments in the fund. (e) The State Treasurer's costs to administer the Fund shall be paid from the Fund. The amount for this purpose may not exceed $200,000 in any fiscal year. (g) Prior to investment or expenditure, moneys in the Fund may be invested by the State Treasurer in the same manner, in the same types of investments, and subject to the same limitations provided for investments of other funds in the State Treasury.". 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 3128. Having been printed, was taken up and read by title a second time. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3128 AMENDMENT NO. 1. Amend House Bill 3128 on page 1, by replacing line 20 with the following: "Services) at the time of entry or modification"; and on page 1, line 22, after the period, by inserting the following: "Failure of the obligor or obligee to file or update the required information shall be punishable as in cases of contempt. The failure shall not prevent the court from entering or modifying the order for support, however."; and on page 12, by replacing line 11 with the following:
67 [March 30, 2001] "Services) at the time of entry or modification"; and on page 12, line 13, after the period, by inserting the following: "Failure of the obligor or obligee to file or update the required information shall be punishable as in cases of contempt. The failure shall not prevent the court from entering or modifying the order for support, however."; and on page 16, by replacing line 8 with the following: "Services) at the time of entry or modification"; and on page 16, line 10, after the period, by inserting the following: "Failure of the obligor or obligee to file or update the required information shall be punishable as in cases of contempt. The failure shall not prevent the court from entering or modifying the order for support, however."; and on page 20, by replacing line 5 with the following: "Services) at the time of entry or modification"; and on page 20, line 7, after the period, by inserting the following: "Failure of the obligor or obligee to file or update the required information shall be punishable as in cases of contempt. The failure shall not prevent the court from entering or modifying the order for support, however.". 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. RECALLS By unanimous consent, on motion of Representative Kurtz, HOUSE BILL 3037 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Shirley Jones, HOUSE BILL 3148 was recalled from the order of Third Reading to the order of Second Reading and held on that order. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 134 was taken up for consideration. Representative Garrett moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. 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 52, 109, 115, 133, 174, 175, 184, 264, 317, 325, 384, 448, 463, 523, 540, 616, 643, 660, 668, 823, 831, 833, 836, 839, 843, 846, 852, 857, 858, 859, 864, 868, 875, 876, 881, 888, 935, 936, 977, 978, 1046, 1084, 1099 and 1171. At the hour of 2:12 o'clock p.m., Representative Currie moved that the House do now adjourn until Monday, April 2, 2001, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
[March 30, 2001] 68 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 30, 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 E 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 P 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
69 [March 30, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3017 TOURISM PROMOTION FUND-GRANTS THIRD READING PASSED MAR 30, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 30, 2001] 70 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1784 CRIM CD-DRUGGED CONDITION THIRD READING PASSED MAR 30, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
71 [March 30, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1812 CRIM CD-SEVERO ANTI-GANG THIRD READING PASSED MAR 30, 2001 77 YEAS 31 NAYS 8 PRESENT Y ACEVEDO N FEIGENHOLTZ P LINDNER Y POE Y BASSI N FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO N RYAN Y BIGGINS N FRITCHEY N MAY Y RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES Y McCARTHY Y SCHMITZ Y BOST P GRANBERG Y McGUIRE N SCHOENBERG Y BRADLEY N HAMOS N McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA P SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT N MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER P BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD Y MOORE N STROGER Y COULSON Y HULTGREN N MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN N TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN Y CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY P NOVAK Y WINKEL Y CURRY N KENNER P O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK N DAVIS,MONIQUE Y KRAUSE P OSTERMAN N YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU N YOUNGE N DELGADO P LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO N MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
[March 30, 2001] 72 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3154 CRIM CD-CHILD SEX OFFENDER THIRD READING PASSED MAR 30, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
73 [March 30, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2113 OCC-USE TAX-EXEMPT VENDING THIRD READING PASSED MAR 30, 2001 114 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[March 30, 2001] 74 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1807 IDPH-MEDICAID-OBESITY PROGRAM THIRD READING PASSED MAR 30, 2001 106 YEAS 8 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD Y BERNS Y FRANKS N MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY P RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW N TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL P CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
75 [March 30, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2381 PROP TAX-COOK-PTAB THIRD READING PASSED MAR 30, 2001 66 YEAS 46 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE P BASSI Y FLOWERS P LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY N MAY N RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN P MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER Y COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE N ZICKUS N DURKIN N LAWFER N PERSICO P MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[March 30, 2001] 76 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2487 FAMILY & MEDICAL LEAVE ACT THIRD READING PASSED MAR 30, 2001 60 YEAS 53 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER E BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT P MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN P YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER P ERWIN N LEITCH E - Denotes Excused Absence
77 [March 30, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3280 FLEX-TIME RIGHTS ACT THIRD READING LOST VERIFIED ROLL CALL MAR 30, 2001 59 YEAS 54 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER E BLACK N GARRETT N McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT P MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN N CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN P YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER P ERWIN N LEITCH E - Denotes Excused Absence
[March 30, 2001] 78 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3618 PURCHASING-BUY ILLINOIS THIRD READING PASSED VERIFIED ROLL CALL MAR 30, 2001 64 YEAS 52 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS N FRITCHEY Y MAY N RYDER E BLACK N GARRETT N McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS Y JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER N ERWIN N LEITCH E - Denotes Excused Absence
79 [March 30, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3280 FLEX-TIME RIGHTS ACT MOTION TO RECONSIDER THE VOTE BY WHICH IT PASSED PREVAILED MAR 30, 2001 62 YEAS 54 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER E BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[March 30, 2001] 80 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3280 FLEX-TIME RIGHTS ACT THIRD READING PASSED VERIFIED ROLL CALL MAR 30, 2001 62 YEAS 52 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER E BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN P YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER P ERWIN N LEITCH E - Denotes Excused Absence
81 [March 30, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2550 CHILD NEGLECT-NO RETURN HOME THIRD READING PASSED MAR 30, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER E BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST A GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 30, 2001] 82 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 902 CRIM CD-FIREARM SALES-FED LICS SECOND READING - AMENDMENT NO. 2 ADOPTED MAR 30, 2001 61 YEAS 50 NAYS 0 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS A LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY N LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS N FRITCHEY N MAY A RYDER E BLACK N GARRETT A McAULIFFE Y SAVIANO Y BOLAND N GILES N McCARTHY Y SCHMITZ Y BOST N GRANBERG N McGUIRE N SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY Y HANNIG N MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT N MILLER Y SMITH N BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD N MOORE N STROGER N COULSON Y HULTGREN N MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN N TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY N KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART A KOSEL Y OSMOND Y WOJCIK N DAVIS,MONIQUE N KRAUSE N OSTERMAN N YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU N YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER A PERSICO Y MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence