STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
59TH LEGISLATIVE DAY
WEDNESDAY, MAY 16, 2001
11:00 O'CLOCK A.M.
NO. 59
[May 16, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 59th Legislative Day Action Page(s) Adjournment........................................ 99 Change of Sponsorship.............................. 47 Committee on Rules Referrals....................... 7 Correctional Budget & Impact Notes Supplied........ 8 Fiscal Note Supplied............................... 8 Quorum Roll Call................................... 7 Bill Number Legislative Action Page(s) HB 0012 Senate Message - Passage w/ SA..................... 9 HB 0161 Motion Submitted................................... 7 HB 0176 Senate Message - Passage w/ SA..................... 16 HB 0183 Motion Submitted................................... 8 HB 0269 Motion Submitted................................... 8 HB 0269 Senate Message - Passage w/ SA..................... 28 HB 0382 Senate Message - Passage w/ SA..................... 46 HB 0445 Senate Message - Passage w/ SA..................... 46 HB 0846 Motion Submitted................................... 7 HB 0863 Senate Message - Passage w/ SA..................... 29 HB 1684 Motion Submitted................................... 7 HB 1695 Senate Message - Passage w/ SA..................... 29 HB 1815 Second Reading - Amendment/s....................... 86 HB 1900 Motion Submitted................................... 8 HB 1900 Senate Message - Passage w/ SA..................... 42 HB 1907 Senate Message - Passage w/ SA..................... 43 HB 2087 Third Reading...................................... 97 HB 2290 Motion Submitted................................... 7 HB 2295 Senate Message - Passage w/ SA..................... 43 HB 2315 Motion Submitted................................... 7 HB 2326 Second Reading..................................... 97 HB 2538 Motion Submitted................................... 8 HB 3003 Motion Submitted................................... 7 HB 3192 Senate Message - Passage w/ SA..................... 45 HB 3204 Motion Submitted................................... 7 HB 3288 Motion Submitted................................... 7 HB 3307 Motion Submitted................................... 8 HB 3307 Senate Message - Passage w/ SA..................... 45 HB 3402 Second Reading..................................... 97 HB 3403 Second Reading..................................... 97 HB 3405 Second Reading..................................... 97 HB 3406 Second Reading..................................... 97 HB 3407 Second Reading..................................... 97 HB 3408 Second Reading..................................... 97 HB 3409 Second Reading..................................... 97 HB 3410 Second Reading..................................... 97 HB 3411 Second Reading..................................... 97 HB 3413 Second Reading..................................... 97 HB 3414 Second Reading..................................... 97 HB 3415 Second Reading..................................... 97 HB 3416 Second Reading..................................... 97 HB 3417 Second Reading..................................... 97 HB 3418 Second Reading..................................... 97 HB 3419 Second Reading..................................... 97 HB 3420 Second Reading..................................... 97 HB 3422 Second Reading..................................... 97 HB 3442 Second Reading..................................... 97 HB 3443 Second Reading..................................... 97
3 [May 16, 2001] Bill Number Legislative Action Page(s) HB 3444 Second Reading..................................... 97 HB 3445 Second Reading..................................... 97 HB 3447 Second Reading..................................... 97 HB 3448 Second Reading..................................... 97 HB 3449 Second Reading..................................... 97 HB 3450 Second Reading..................................... 97 HB 3451 Second Reading..................................... 97 HB 3452 Second Reading..................................... 97 HB 3453 Second Reading..................................... 97 HB 3454 Second Reading..................................... 97 HB 3455 Second Reading..................................... 97 HB 3456 Second Reading..................................... 97 HB 3458 Second Reading..................................... 97 HB 3459 Second Reading..................................... 97 HB 3460 Second Reading..................................... 97 HB 3461 Second Reading..................................... 97 HB 3462 Second Reading..................................... 97 HB 3464 Second Reading..................................... 97 HB 3465 Second Reading..................................... 97 HB 3466 Second Reading..................................... 97 HB 3467 Second Reading..................................... 97 HB 3468 Second Reading..................................... 97 HB 3469 Second Reading..................................... 97 HB 3470 Second Reading..................................... 97 HB 3474 Second Reading..................................... 97 HB 3475 Second Reading..................................... 97 HB 3476 Second Reading..................................... 97 HB 3477 Second Reading..................................... 97 HB 3480 Second Reading..................................... 97 HB 3481 Second Reading..................................... 97 HB 3482 Second Reading..................................... 97 HB 3484 Second Reading..................................... 97 HB 3485 Second Reading..................................... 97 HB 3487 Second Reading..................................... 97 HB 3488 Second Reading..................................... 97 HB 3498 Second reading..................................... 97 HB 3499 Second Reading..................................... 97 HB 3500 Second Reading..................................... 97 HB 3514 Second Reading..................................... 97 HB 3515 Second Reading..................................... 97 HB 3516 Second Reading..................................... 97 HB 3517 Second Reading..................................... 97 HB 3518 Second Reading..................................... 97 HB 3519 Second Reading..................................... 97 HB 3520 Second Reading..................................... 97 HC 0007 Action on Motion................................... 97 HC 0007 Action on Motion................................... 97 HJR 0014 Action on Motion................................... 97 HJR 0018 Action on Motion................................... 97 HJR 0024 Action on Motion................................... 97 HJR 0032 Action on Motion................................... 97 HJR 0033 Action on Motion................................... 97 HJR 0034 Action on Motion................................... 97 HJR 0039 Resolution......................................... 56 HJR 0040 Action on Motion................................... 97 HJR 0040 Resolution......................................... 56 HR 0007 Action on Motion................................... 97 HR 0168 Adoption........................................... 86 HR 0184 Adoption........................................... 86 HR 0200 Action on Motion................................... 97 HR 0207 Action on Motion................................... 97 HR 0233 Action on Motion................................... 97 HR 0240 Action on Motion................................... 97 HR 0258 Action on Motion................................... 97
[May 16, 2001] 4 Bill Number Legislative Action Page(s) HR 0262 Action on Motion................................... 97 HR 0263 Action on Motion................................... 97 HR 0264 Action on Motion................................... 97 HR 0265 Action on Motion................................... 97 HR 0284 Action on Motion................................... 97 HR 0288 Action on Motion................................... 97 HR 0294 Adoption........................................... 86 HR 0295 Adoption........................................... 86 HR 0296 Adoption........................................... 86 HR 0298 Adoption........................................... 86 HR 0299 Adoption........................................... 86 HR 0300 Adoption........................................... 86 HR 0301 Adoption........................................... 86 HR 0301 Agreed Resolution.................................. 47 HR 0302 Adoption........................................... 86 HR 0302 Resolution......................................... 47 HR 0303 Resolution......................................... 52 HR 0304 Resolution......................................... 54 HR 0305 Adoption........................................... 86 HR 0305 Adoption........................................... 86 HR 0305 Agreed Resolution.................................. 48 HR 0306 Adoption........................................... 86 HR 0306 Agreed Resolution.................................. 49 HR 0307 Adoption........................................... 86 HR 0307 Agreed Resolution.................................. 49 HR 0308 Resolution......................................... 55 HR 0309 Adoption........................................... 86 HR 0309 Agreed Resolution.................................. 50 HR 0310 Adoption........................................... 86 HR 0310 Agreed Resolution.................................. 51 HR 1221 Action on Motion................................... 97 HR 2311 Action on Motion................................... 97 SB 0010 Second Reading..................................... 97 SB 0022 Second Reading..................................... 98 SB 0071 Second Reading..................................... 98 SB 0075 Second Reading..................................... 98 SB 0076 Third Reading...................................... 57 SB 0078 Second Reading..................................... 62 SB 0095 Second Reading..................................... 98 SB 0098 Third Reading...................................... 57 SB 0101 Second Reading - Amendment/s....................... 62 SB 0113 Second Reading..................................... 98 SB 0117 Second Reading..................................... 98 SB 0118 Second Reading..................................... 98 SB 0119 Second Reading..................................... 98 SB 0129 Second Reading..................................... 98 SB 0151 Second Reading..................................... 98 SB 0161 Second Reading..................................... 98 SB 0170 Third Reading...................................... 57 SB 0174 Third Reading...................................... 62 SB 0184 Second Reading..................................... 98 SB 0263 Second Reading..................................... 98 SB 0264 Second Reading..................................... 98 SB 0267 Second Reading..................................... 98 SB 0275 Second Reading..................................... 98 SB 0281 Second Reading..................................... 98 SB 0284 Second Reading..................................... 98 SB 0285 Second Reading..................................... 98 SB 0356 Second Reading..................................... 98 SB 0364 Second Reading..................................... 98 SB 0371 Second Reading - Amendment/s....................... 62 SB 0372 Second Reading..................................... 98 SB 0384 Consideration Postponed............................ 58 SB 0385 Committee Report................................... 46
5 [May 16, 2001] Bill Number Legislative Action Page(s) SB 0392 Second Reading..................................... 98 SB 0397 Second Reading..................................... 98 SB 0406 Recall............................................. 61 SB 0406 Second Reading - Amendment/s....................... 52 SB 0430 Second Reading..................................... 98 SB 0433 Third Reading...................................... 58 SB 0435 Third Reading...................................... 58 SB 0449 Second Reading..................................... 98 SB 0479 Second Reading..................................... 98 SB 0489 Second Reading..................................... 98 SB 0518 Second Reading..................................... 98 SB 0575 Third Reading...................................... 58 SB 0598 Second Reading..................................... 62 SB 0602 Third Reading...................................... 58 SB 0616 Second Reading..................................... 98 SB 0629 Second Reading..................................... 98 SB 0647 Third Reading...................................... 58 SB 0677 Third Reading...................................... 58 SB 0697 Second Reading..................................... 98 SB 0699 Second Reading..................................... 98 SB 0717 Second Reading..................................... 98 SB 0725 Second Reading..................................... 98 SB 0730 Second Reading..................................... 98 SB 0754 Second Reading..................................... 98 SB 0789 Second Reading..................................... 98 SB 0795 Second Reading..................................... 98 SB 0796 Second Reading..................................... 98 SB 0824 Third Reading...................................... 59 SB 0825 Third Reading...................................... 59 SB 0826 Third Reading...................................... 59 SB 0827 Third Reading...................................... 59 SB 0829 Third Reading...................................... 86 SB 0830 Third Reading...................................... 59 SB 0831 Third Reading...................................... 59 SB 0832 Second Reading..................................... 98 SB 0833 Second Reading..................................... 98 SB 0834 Second Reading..................................... 98 SB 0835 Second Reading..................................... 62 SB 0836 Second Reading..................................... 62 SB 0837 Second Reading..................................... 62 SB 0838 Second Reading..................................... 62 SB 0840 Second Reading..................................... 62 SB 0842 Second Reading..................................... 62 SB 0843 Second Reading..................................... 98 SB 0846 Second Reading..................................... 98 SB 0847 Second Reading..................................... 98 SB 0849 Second Reading..................................... 98 SB 0852 Second Reading..................................... 98 SB 0856 Third Reading...................................... 60 SB 0857 Third Reading...................................... 60 SB 0858 Second Reading..................................... 98 SB 0861 Second Reading..................................... 98 SB 0862 Second Reading..................................... 98 SB 0868 Second Reading..................................... 62 SB 0871 Second Reading..................................... 98 SB 0873 Second Reading - Amendment/s....................... 65 SB 0874 Third Reading...................................... 60 SB 0880 Second Reading..................................... 98 SB 0881 Third Reading...................................... 60 SB 0882 Third Reading...................................... 60 SB 0883 Second Reading..................................... 98 SB 0884 Second Reading..................................... 98 SB 0887 Second Reading..................................... 98 SB 0888 Second Reading..................................... 98
[May 16, 2001] 6 Bill Number Legislative Action Page(s) SB 0898 Second Reading..................................... 98 SB 0899 Second Reading..................................... 98 SB 0914 Third Reading...................................... 60 SB 0931 Third Reading...................................... 60 SB 0933 Second Reading..................................... 98 SB 0935 Third Reading...................................... 61 SB 0975 Second Reading..................................... 98 SB 0984 Second Reading..................................... 98 SB 0989 Second Reading..................................... 98 SB 0991 Second Reading..................................... 98 SB 1032 Second Reading..................................... 57 SB 1033 Second Reading..................................... 98 SB 1058 Third Reading...................................... 61 SB 1069 Second Reading..................................... 98 SB 1089 Second Reading..................................... 98 SB 1150 Third Reading...................................... 61 SB 1171 Second Reading..................................... 98 SB 1174 Second Reading..................................... 98 SB 1175 Second Reading..................................... 98 SB 1177 Second Reading..................................... 98 SB 1190 Third Reading...................................... 61 SB 1234 Second Reading..................................... 98 SB 1258 Second Reading..................................... 98 SB 1259 Second Reading..................................... 98 SB 1262 Second Reading..................................... 98 SB 1282 Second Reading..................................... 98 SB 1283 Second Reading..................................... 98 SB 1284 Recall............................................. 97 SB 1285 Second Reading..................................... 98 SB 1309 Second Reading..................................... 98 SB 1329 Second Reading - Amendment/s....................... 83 SB 1348 Second Reading..................................... 98 SB 1493 Second Reading..................................... 98 SB 1504 Second Reading..................................... 98 SB 1505 Third Reading...................................... 61
7 [May 16, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Dr. Randy Grace of the College Heights Baptist Church in Eldorado, Illinois. Representative Forby 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: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Shirley Jones, Sommer and Stephens were excused from attendance. COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Aging: HOUSE JOINT RESOLUTION 33. Committee on State Government Administration: HOUSE JOINT RESOLUTION 40. JOINT ACTION MOTIONS SUBMITTED Representative Brosnahan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 846. Representative Bellock submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1684. Representative Mendoza submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2315. Representative Brady submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3003. Representative Pankau submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3288. Representative Hannig submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 161. Representative Hultgren submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2290. Representative Jerry Mitchell submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3204.
[May 16, 2001] 8 Representative Beaubien submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 183. Representative Wojcik submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 269. Representative Parke submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1900. Representative Meyer submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2538. Representative Poe submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3307. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 885, as amended. CORRECTIONAL BUDGET & IMPACT NOTES SUPPLIED Correctional Budget & Impact Notes have been supplied for SENATE BILLS 356 and 493, as amended. 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 concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 280 A bill for AN ACT in relation to taxes. HOUSE BILL NO. 1039 A bill for AN ACT concerning public accomodations. HOUSE BILL NO. 2301 A bill for AN ACT in relation to families. HOUSE BILL NO. 2575 A bill for AN ACT in relation to environmental safety. HOUSE BILL NO. 3217 A bill for AN ACT concerning property. HOUSE BILL NO. 3262 A bill for AN ACT concerning criminal law. HOUSE BILL NO. 3373
9 [May 16, 2001] A bill for AN ACT in relation to environmental matters. Passed by the Senate, May 16, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 12 A bill for AN ACT to amend the School Code by adding Section 22-27. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 12. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 12 as follows: on page 1, line 7, after "II", by inserting "and Korean Conflict"; and on page 1, line 9, by replacing "shall" with "may"; and on page 1, lien 12, after "II", by inserting "or the Korean Conflict". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 12 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 176 A bill for AN ACT concerning telephone solicitation. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 176. Senate Amendment No. 2 to HOUSE BILL NO. 176. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 176 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the No Call Registry Act.
[May 16, 2001] 10 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 the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse. (b) "Established business relationship" means the existence of an oral or written arrangement, agreement, contract, or other legal state of affairs between a person or entity and an existing customer under which 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 legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or (2) opened or maintained a debit account, credit card account, or other revolving credit 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) "Registry" means the No Call Registry established under this Act. (e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, 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 when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration; (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 in writing by either party and which is related to the nature of the established business relationship; (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 the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer; (4) by or on behalf of an entity organized under Section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code, while the entity is engaged in fundraising to support the charitable or not-for-profit purpose for which the entity was established; (5) 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 this State; or (B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or
11 [May 16, 2001] services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or (6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission 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 service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act. Section 10. Prohibited calls. Beginning July 1, 2002, no person or entity may make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the residential subscriber's telephone number or numbers first appear on the Registry. Section 15. Complaints. The Illinois Commerce Commission shall receive telephone solicitation complaints from residential subscribers to object to such calls. Complaints shall be taken by any means deemed appropriate by the Illinois Commerce Commission. Complaints against persons or entities that are licensed, certificated, or permitted by a State or federal agency shall be forwarded for investigation by the Illinois Commerce Commission to the appropriate agency if the respective agency has the power to investigate such matters. All other complaints shall be investigated by the Illinois Commerce Commission. The standards for referrals and investigations shall be set forth in rules adopted by the Illinois Commerce Commission. Section 20. Registry; establishment and maintenance. (a) The Illinois Commerce Commission shall establish and provide for the operation of a No Call Registry, which shall contain a list of the telephone numbers of residential subscribers who do not wish to receive telephone solicitation calls. The Illinois Commerce Commission may contract with a private vendor to establish and maintain the Registry if the contract requires the vendor to provide the Registry in a printed hard copy format, in an electronic format, and in any other format prescribed by the Illinois Commerce Commission. (b) No later than January 1, 2002, the Illinois Commerce Commission shall adopt rules consistent with this Act that the Illinois Commerce Commission 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 solicitation calls may obtain access to the Registry to avoid calling the telephone numbers of residential subscribers included in the Registry. (c) The fee for obtaining the Registry shall be set forth in rules adopted by the Illinois Commerce Commission. The fee may not exceed $500 annually. All copies requested in a printed hard copy format shall be assessed a per page fee to be determined by rules adopted by the Illinois Commerce Commission. (d) The Illinois Commerce Commission shall update the Registry and make information in the Registry available on a quarterly basis in an electronic format and, if deemed appropriate by the Illinois Commerce Commission, in one or more other formats. (e) 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, Section 227(c)(3) of the United States Code, this State shall discontinue the Registry. (f) Information in the Registry is confidential and shall be afforded reasonable privacy protection except as necessary for compliance with Sections 10 and 25 and this Section or in a proceeding or action under Section 35 or 40. The information is not a public record under the Freedom of Information Act. (g) The Illinois Commerce Commission shall periodically obtain
[May 16, 2001] 12 subscription listings of residential subscribers in this State who have arranged to be included in any national do-not-call list and add those names to the Registry. Section 25. Enrollment. (a) The Illinois Commerce Commission shall provide notice to residential subscribers of the establishment of the Registry. (b) The Illinois Commerce Commission shall establish any method deemed appropriate for a residential subscriber to notify the Illinois Commerce Commission that the residential subscriber wishes to be included in the Registry. (c) There shall be no cost to a residential subscriber for inclusion in the Registry. (d) A residential subscriber in the Registry shall be deleted from the Registry upon the residential subscriber's written request. (e) Enrollment in the Registry is 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 is responsible for notifying the Illinois Commerce Commission of any changes in his or her telephone number. The Illinois Commerce Commission shall use its best efforts to notify enrolled residential subscribers before the end of the 5-year enrollment term of the option to re-enroll. Residential subscribers who do not re-enroll before the end of the 5-year term shall be removed from the Registry. Section 30. Public notification. The Illinois Commerce Commission shall work with local exchange telecommunications companies to disseminate to their customers information about the availability of and instructions for requesting educational literature from the Illinois Commerce Commission. The Illinois Commerce Commission may enter into agreements with those companies for the dissemination of the educational literature. Telecommunications companies shall disseminate the educational literature at least once per year in both a message contained in customers' bills and a notice in the information section of all telephone directories distributed to customers. The Illinois Commerce Commission shall include, on its Internet web site, information to customers regarding their right to be included in the Registry and the various methods, including notice to the Illinois Commerce Commission, of being included in the Registry. The Illinois Commerce Commission shall have this literature developed for dissemination to the public no later than March 1, 2002. Section 35. Violation; relief. (a) The Illinois Commerce Commission may initiate administrative proceedings in accordance with rules adopted under this Act relating to a knowing and willful violation of Section 10. (b) If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of this Section, the Illinois Commerce Commission may assess a fine not to exceed $2,500 for each violation. (c) Any proceeding conducted under this Section is subject to the Illinois Administrative Procedure Act. (d) Nothing in this Section may be construed to restrict any right that any person may have under any other law or at common law. (e) 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. (f) The remedies, duties, prohibition, and penalties in this Act are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (g) There is created in the State treasury a special fund to be known as the No Call Registry 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
13 [May 16, 2001] the Illinois Commerce Commission for implementation, administration, and enforcement of this Act. Section 40. Exemption. A person or entity may not be held liable for violating this Act if: (1) the person or entity has obtained copies of the Registry and each updated Registry and has established and implemented written policies and procedures related to the requirements of this Act; (2) the person or entity has trained its personnel in the requirements of this Act; (3) the person or entity maintains records demonstrating compliance with subdivisions (1) and (2) of this Section and the requirements of this Act; and (4) any subsequent telephone solicitation is the result of error. Section 90. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The No Call Registry Fund. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 176 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Restricted Call Registry 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 the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse. (b) "Established business relationship" means the existence of an oral or written arrangement, agreement, contract, or other legal state of affairs between a person or entity and an existing customer under which 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 legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or (2) opened or maintained a debit account, credit card account, or other revolving credit 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) "Registry" means the Restricted Call Registry established under this Act. (e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, 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 when a voluntary 2-way communication between a person or entity and a residential
[May 16, 2001] 14 subscriber has occurred with or without an exchange of consideration; (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 in writing by either party and which is related to the nature of the established business relationship; (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 the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer; (4) by or on behalf of an entity organized under Section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code, while the entity is engaged in fundraising to support the charitable or not-for-profit purpose for which the entity was established; (5) 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 this 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 for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or (6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission 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 service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act. Section 10. Prohibited calls. Beginning July 1, 2002, no person or entity may make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the residential subscriber's telephone number or numbers first appear on the Registry. Section 15. Complaints. The Illinois Commerce Commission shall receive telephone solicitation complaints from residential subscribers to object to such calls. Complaints shall be taken by any means deemed appropriate by the Illinois Commerce Commission. Complaints against persons or entities that are licensed, certificated, or permitted by a State or federal agency shall be forwarded for investigation by the Illinois Commerce Commission to the appropriate agency if the respective agency has the power to investigate such matters. All other complaints shall be investigated by the Illinois Commerce Commission. The standards for referrals and investigations shall be set forth in rules adopted by the Illinois Commerce Commission. Section 20. Registry; establishment and maintenance. (a) The Illinois Commerce Commission shall establish and provide for the operation of a Restricted Call Registry, which shall contain a list of the telephone numbers of residential subscribers who do not wish to receive telephone solicitation calls. The Illinois Commerce Commission may contract with a private vendor to establish and maintain the Registry if the contract requires the vendor to provide the Registry in a printed hard copy format, in an electronic format, and in any other format prescribed by the Illinois Commerce Commission. (b) No later than January 1, 2002, the Illinois Commerce
15 [May 16, 2001] Commission shall adopt rules consistent with this Act that the Illinois Commerce Commission 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 solicitation calls may obtain access to the Registry to avoid calling the telephone numbers of residential subscribers included in the Registry. (c) The fee for obtaining the Registry shall be set forth in rules adopted by the Illinois Commerce Commission. The fee may not exceed $500 annually. All copies requested in a printed hard copy format shall be assessed a per page fee to be determined by rules adopted by the Illinois Commerce Commission. (d) The Illinois Commerce Commission shall update the Registry and make information in the Registry available on a quarterly basis in an electronic format and, if deemed appropriate by the Illinois Commerce Commission, in one or more other formats. (e) 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, Section 227(c)(3) of the United States Code, this State shall discontinue the Registry. (f) Information in the Registry is confidential and shall be afforded reasonable privacy protection except as necessary for compliance with Sections 10 and 25 and this Section or in a proceeding or action under Section 35 or 40. The information is not a public record under the Freedom of Information Act. (g) The Illinois Commerce Commission shall periodically obtain subscription listings of residential subscribers in this State who have arranged to be included in any national do-not-call list and add those names to the Registry. Section 25. Enrollment. (a) The Illinois Commerce Commission shall provide notice to residential subscribers of the establishment of the Registry. (b) The Illinois Commerce Commission shall establish any method deemed appropriate for a residential subscriber to notify the Illinois Commerce Commission that the residential subscriber wishes to be included in the Registry. (c) There shall be no cost to a residential subscriber for inclusion in the Registry. (d) A residential subscriber in the Registry shall be deleted from the Registry upon the residential subscriber's written request. (e) Enrollment in the Registry is 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 is responsible for notifying the Illinois Commerce Commission of any changes in his or her telephone number. The Illinois Commerce Commission shall use its best efforts to notify enrolled residential subscribers before the end of the 5-year enrollment term of the option to re-enroll. Residential subscribers who do not re-enroll before the end of the 5-year term shall be removed from the Registry. Section 30. Public notification. The Illinois Commerce Commission shall work with local exchange telecommunications companies to disseminate to their customers information about the availability of and instructions for requesting educational literature from the Illinois Commerce Commission. The Illinois Commerce Commission may enter into agreements with those companies for the dissemination of the educational literature. Telecommunications companies shall disseminate the educational literature at least once per year in both a message contained in customers' bills and a notice in the information section of all telephone directories distributed to customers. The Illinois Commerce Commission shall include, on its Internet web site, information to customers regarding their right to be included in the Registry and the various methods, including notice to the Illinois Commerce Commission, of being included in the Registry. The Illinois Commerce Commission shall have this literature developed for dissemination to the public no later than March 1, 2002.
[May 16, 2001] 16 Section 35. Violation; relief. (a) The Illinois Commerce Commission may initiate administrative proceedings in accordance with rules adopted under this Act relating to a knowing and willful violation of Section 10. (b) If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of this Section, the Illinois Commerce Commission may assess a fine not to exceed $2,500 for each violation. (c) Any proceeding conducted under this Section is subject to the Illinois Administrative Procedure Act. (d) Nothing in this Section may be construed to restrict any right that any person may have under any other law or at common law. (e) 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. (f) The remedies, duties, prohibition, and penalties in this Act are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (g) There is created in the State treasury a special fund to be known as the Restricted Call Registry 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 Illinois Commerce Commission for implementation, administration, and enforcement of this Act. Section 40. Exemption. A person or entity may not be held liable for violating this Act if: (1) the person or entity has obtained copies of the Registry and each updated Registry from the Illinois Commerce Commission and has established and implemented written policies and procedures related to the requirements of this Act; (2) the person or entity has trained its personnel in the requirements of this Act; (3) the person or entity maintains records demonstrating compliance with subdivisions (1) and (2) of this Section and the requirements of this Act; and (4) any subsequent telephone solicitation is the result of error. Section 90. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Restricted Call Registry Fund. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 176 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 269 A bill for AN ACT in relation to alcoholic liquor. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
17 [May 16, 2001] Senate Amendment No. 1 to HOUSE BILL NO. 269. Senate Amendment No. 2 to HOUSE BILL NO. 269. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 269 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Sections 1-3.12, 3-12, 5-1, and 5-3 as follows: (235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12) Sec. 1-3.12. "Wine-maker" means a person engaged in the making of less than 50,000 gallons of wine annually other than a person issued a Second Class wine-maker's license. (Source: P.A. 89-218, eff. 1-1-96.) (235 ILCS 5/3-12) (from Ch. 43, par. 108) Sec. 3-12. Powers and duties of State Commission. (a) The State commission shall have the following powers, functions and duties: (1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's premises
[May 16, 2001] 18 (4) To recommend to local commissioners rules and regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State. (5) To inspect, or cause to be inspected, any premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. (5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials. (5.2) To issue a cease and desist notice to persons shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act. (5.3) To receive complaints from licensees, local officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act. (6) To hear and determine appeals from orders of a local commission in accordance with the provisions of this Act, as hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing. (7) The commission shall establish uniform systems of accounts to be kept by all retail licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts. (8) In the conduct of any hearing authorized to be held by the commission, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths; and for any such purpose to issue subpoena or subpoenas to require the attendance of witnesses and the production of books, which shall be effective in any part of this State. Any Circuit Court may by order duly entered, require the
19 [May 16, 2001] attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience to its order by proceedings for contempt. (9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof. (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence. (11) To develop industry educational programs related to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and consumption of alcoholic beverages. (11.1) To license persons providing education and training to alcohol beverage sellers and servers under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21. Application for a license shall be made on forms provided by the State Commission. (12) To develop and maintain a repository of license and regulatory information. (13) On or before January 15, 1994, the Commission shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto. As part of its report, the Commission shall provide the following essential information: (i) the number of retail distributors of tobacco products, by type and geographic area, in the State; (ii) the number of reported citations and successful convictions, categorized by type and location of retail distributor, for violation of the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act; (iii) the extent and nature of organized educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that prohibit the sale or distribution of tobacco products to minors; and (iv) the level of access and availability of tobacco products to individuals under the age of 18. To obtain the data necessary to comply with the provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors. The Commission shall consult with the Department of Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report. The Commission may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (b) On or before April 30, 1999, the Commission shall present a
[May 16, 2001] 20 written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State. As part of its report, the Commission shall provide the following information: (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998; (ii) the amount of licensing fees received as a result of this amendatory Act of 1998; (iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials. (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99; 91-922, eff. 7-7-00.) (235 ILCS 5/5-1) (from Ch. 43, par. 115) Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission shall be of the following classes: (a) Manufacturer's license - Class 1. Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8. Limited Wine Manufacturer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises
21 [May 16, 2001] deliveries up to
[May 16, 2001] 22 and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped and otherwise made to comply with all provisions, rules and regulations governing manufacturers in the preparation and bottling of alcoholic liquors. The importing distributor's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers and foreign importers only. (d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in such license, alcoholic liquor for use or consumption, but not for resale in any form: Provided that any retail license issued to a manufacturer shall only permit such manufacturer to sell beer at retail on the premises actually occupied by such manufacturer. After January 1, 1995 there shall be 2 classes of licenses issued under a retailers license. (1) A "retailers on premise consumption license" shall allow the licensee to sell and offer for sale at retail, only on the premises specified in the license, alcoholic liquor for use or consumption on the premises or on and off the premises, but not for resale in any form. (2) An "off premise sale license" shall allow the licensee to sell, or offer for sale at retail, alcoholic liquor intended only for off premise consumption and not for resale in any form. Notwithstanding any other provision of this subsection (d), a retail licensee may sell alcoholic liquors to a special event retailer licensee for resale to the extent permitted under subsection (e). (e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license. An applicant for a special event retailer license must (i) furnish with the application: (A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the Commission shall set forth on the special event retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance in the maximum limits; and (iii) show proof satisfactory to the State Commission that the applicant has obtained local authority approval. (f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State; and provided further, that railroad licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. A railroad license shall also permit the licensee to sell or dispense alcoholic liquors on any
23 [May 16, 2001] club, buffet, lounge or dining car operated on an electric, gas or steam railway regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A license shall be obtained for each car in which such sales are made. (g) A boat license shall allow the sale of alcoholic liquor in individual drinks, on any passenger boat regularly operated as a common carrier on navigable waters in this State, which boat maintains a public dining room or restaurant thereon. (h) A non-beverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows: Class 1, not to exceed ....................... 500 gallons Class 2, not to exceed ....................... 1,000 gallons Class 3, not to exceed ....................... 5,000 gallons Class 4, not to exceed ....................... 10,000 gallons Class 5, not to exceed ....................... 50,000 gallons (i) A wine-maker's premises
[May 16, 2001] 24 required of an airline company if liquor service is provided on board aircraft in this State. The annual fee for such license shall be as determined in Section 5-3. (k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois. (l) (i) A broker's license shall be required of all persons who solicit orders for, offer to sell or offer to supply alcoholic liquor to retailers in the State of Illinois, or who offer to retailers to ship or cause to be shipped or to make contact with distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois. No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker's license. The broker shall, upon the acceptance by a retailer of the broker's solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe. (ii) A broker's license shall be required of a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier. This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act. A broker's license under this subsection (1) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors. This subsection (1) shall not apply to distributors, employees of distributors, or employees of a manufacturer who has registered the trademark, brand or name of the alcoholic liquor pursuant to Section 6-9 of this Act, and who regularly sells such alcoholic liquor in the State of Illinois only to its registrants thereunder. Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license. (m) A non-resident dealer's license shall permit such licensee to ship into and warehouse alcoholic liquor into this State from any point outside of this State, and to sell such alcoholic liquor to Illinois licensed foreign importers and importing distributors and to no one else in this State; provided that said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period; and further provided that it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale. (n) A brew pub license shall allow the licensee to manufacture beer only on the premises specified in the license, to make sales of the beer manufactured on the premises to importing distributors, distributors, and to non-licensees for use and consumption, to store the beer upon the premises, and to sell and offer for sale at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 50,000 gallons per year. (o) A caterer retailer license shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary
25 [May 16, 2001] meal, either on or off-site whether licensed or unlicensed. (p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act. An auction liquor license will be issued to a person and it will permit the auction liquor licensee to hold the auction anywhere in the State. An auction liquor license must be obtained for each auction at least 14 days in advance of the auction date. (q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specified in the license hereby created, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for use or consumption, but not for resale in any form. A special use permit license may be granted for the following time periods: one day or less; 2 or more days to a maximum of 15 days per location in any 12 month period. An applicant for the special use permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval. (Source: P.A. 90-77, eff. 7-8-97; 90-432, eff. 1-1-98; 90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98; 91-357, eff. 7-29-99.) (235 ILCS 5/5-3) (from Ch. 43, par. 118) Sec. 5-3. License fees. Except as otherwise provided herein, at the time application is made to the State Commission for a license of any class, the applicant shall pay to the State Commission the fee hereinafter provided for the kind of license applied for. The fee for licenses issued by the State Commission shall be as follows: For a manufacturer's license: Class 1. Distiller ........................... $3,600 Class 2. Rectifier ........................... 3,600 Class 3. Brewer .............................. 900 Class 4. First-class Wine Manufacturer ....... 600 Class 5. Second-class Wine Manufacturer ....................... 1,200 Class 6. First-class wine-maker .............. 600
[May 16, 2001] 26 State at any given time, which either originate, terminate, or make an intermediate stop in the State ....... 60 For a non-beverage user's license: Class 1 ................................. 24 Class 2 ................................. 60 Class 3 ................................. 120 Class 4 ................................. 240 Class 5 ................................. 600 For a broker's license ....................... 600 For an auction liquor license ................ 50 Fees collected under this Section shall be paid into the Dram Shop Fund. Beginning June 30, 1990 and on June 30 of each subsequent year, any balance over $5,000,000 remaining in the Dram Shop Fund shall be credited to State liquor licensees and applied against their fees for State liquor licenses for the following year. The amount credited to each licensee shall be a proportion of the balance in the Dram Fund that is the same as the proportion of the license fee paid by the licensee under this Section for the period in which the balance was accumulated to the aggregate fees paid by all licensees during that period. No fee shall be paid for licenses issued by the State Commission to the following non-beverage users: (a) Hospitals, sanitariums, or clinics when their use of alcoholic liquor is exclusively medicinal, mechanical or scientific. (b) Universities, colleges of learning or schools when their use of alcoholic liquor is exclusively medicinal, mechanical or scientific. (c) Laboratories when their use is exclusively for the purpose of scientific research. (Source: P.A. 90-77, eff. 7-8-97; 91-25, eff. 6-9-99; 91-357, eff. 7-29-99.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 269, AS AMENDED, in the introductory portion to Section 5 by replacing "and 5-3" with "5-3, and 6-2"; and immediately before the beginning of Section 99 by inserting the following: "(235 ILCS 5/6-2) (from Ch. 43, par. 120) Sec. 6-2. Issuance of licenses to certain persons prohibited. (a) Except as otherwise provided in subsection (b), no license of any kind issued by the State Commission or any local commission shall be issued to: (1) A person who is not a resident of any city, village or county in which the premises covered by the license are located; except in case of railroad or boat licenses.
27 [May 16, 2001] upon a first application.
[May 16, 2001] 28 officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The Commission shall determine if all provisions of this subsection (b) have been met before any action on the corporation's license is initiated. (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 269 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 863 A bill for AN ACT in relation to victims' rights. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 863. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 863 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Rights of Crime Victims and Witnesses Act is amended by changing Section 6 as follows: (725 ILCS 120/6) (from Ch. 38, par. 1406) Sec. 6. Rights to present victim impact statement. (a) In any case where a defendant has been convicted of a violent crime or a juvenile has been adjudicated a delinquent for a violent crime except those in which both parties have agreed to the imposition of a specific sentence, and a victim of the violent crime or the victim's spouse, guardian, parent, or other immediate family or household member is present in the courtroom at the time of the sentencing or the disposition hearing, the victim or his or her representative shall have the right and the victim's spouse, guardian, parent, or other immediate family or household member upon his,
29 [May 16, 2001] time during the proceedings. (c) This Section shall apply to any victims of a violent crime during any dispositional hearing under Section 5-705 of the Juvenile Court Act of 1987 which takes place pursuant to an adjudication of delinquency for any such offense. (Source: P.A. 90-590, eff. 1-1-99; 91-693, eff. 4-13-00.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 863 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1695 A bill for AN ACT in relation to private sewage disposal. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1695. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1695 on page 1, in line 5, by changing "Section 19" to "Sections 11 and 19"; and on page 1, below line 5, by inserting the following: "(225 ILCS 225/11) (from Ch. 111 1/2, par. 116.311) Sec. 11. Notice of violation. Whenever the Department determines that there are reasonable grounds to believe that there has been violation of any provision of this Act or the rules and regulations issued under this Act, the Department shall give notice of such alleged violation
[May 16, 2001] 30 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1900 A bill for AN ACT concerning abortions. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1900. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1900 by replacing everything after the enacting clause with the following: "AN ACT concerning abortions."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Parental Notice of Abortion Act of 2001. Section 5. Legislative findings and purpose. The General Assembly finds that notification of an adult family member as defined in this Act is in the best interest of an unemancipated minor, and the General Assembly's purpose in enacting this parental notice law is to further the important and compelling State interests of protecting the best interests of an unemancipated minor, fostering the family unit and preserving it as a viable social unit, protecting the constitutional rights of parents to rear children who are members of their household, and preventing the influx of minors entering the State of Illinois to evade the laws of their home state that require parental notification or parental consent. The medical, emotional, and psychological consequences of abortion are sometimes serious and long-lasting, and immature minors often lack the ability to make fully informed choices that consider both the immediate and long-range consequences. Parental consultation is usually in the best interest of the minor and is desirable since the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related. Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor, and parents who are aware their daughter has had an abortion may better ensure her appropriate medical attention after her abortion. Section 10. Definitions. In this Act: "Abortion" means the use of any instrument, medicine, or drug, or any other substance or device, to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of a child after live birth, or to remove a dead fetus. "Actual notice" means the giving of notice directly, in person or by telephone, and not by facsimile, voice mail, or answering machine message. "Adult family member" means a person over 18 years of age who is: (1) the parent of the minor or incompetent person; (2) a step-parent married to and residing with the custodial parent of the minor or incompetent person; or (3) a legal guardian of the minor or incompetent person. "Constructive notice" means notice sent by certified mail to the
31 [May 16, 2001] last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the notice is mailed. "Incompetent person" means a person who has been adjudged as mentally ill or developmentally disabled and who, because of her mental illness or developmental disability, is not fully able to manage her person and for whom a guardian of the person has been appointed under subdivision (a)(1) of Section 11a-3 of the Probate Act of 1975. "Medical emergency" means a condition that, on the basis of a physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. "Minor" means any person under 18 years of age who is not or has not been married or who has not been emancipated under the Emancipation of Mature Minors Act. "Neglect" means the failure of an adult family member to supply a child with necessary food, clothing, shelter, or medical care when reasonably able to do so or the failure to protect a child from conditions or actions that imminently and seriously endanger the child's physical or mental health when reasonably able to do so. "Physical abuse" means any physical injury intentionally inflicted by an adult family member on a child. "Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987. "Sexual abuse" means any sexual conduct or sexual penetration as defined in Section 12-12 of the Criminal Code of 1961 that is prohibited by the criminal laws of the State of Illinois and committed against a minor by an adult family member as defined in this Act. Section 15. Notice to adult family member. No person shall knowingly perform an abortion upon a minor or upon an incompetent person unless the person or his or her agent has given at least 48 hours actual notice to an adult family member of the pregnant minor or incompetent person of his or her intention to perform the abortion, unless that person or his or her agent has received a written statement by a referring physician certifying that the referring physician or his or her agent has given at least 48 hours notice to an adult family member of the pregnant minor or incompetent person. If actual notice is not possible after a reasonable effort, the person or his or her agent must give 48 hours constructive notice. Section 20. Exceptions. Notice is not required under this Act if: (1) at the time the abortion is performed, the minor or incompetent person is accompanied by a person entitled to notice under this Act; or (2) notice under this Act is waived in writing by a person who is entitled to that notice; or (3) the attending physician certifies in the patient's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or (4) the minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an adult family member as defined in this Act, in which case (i) the attending physician must certify in the patient's medical record that he or she has received the written declaration of abuse or neglect and (ii) any notification of public authorities of abuse that may be required under other laws of this State need not be made by the person performing the abortion until after the minor receives an abortion that otherwise complies with the requirements of this Act; or (5) notice under this Act is waived under Section 25. Section 25. Procedure for judicial waiver of notice. (a) The requirements and procedures under this Section are available to minors and incompetent persons whether or not they are residents of this State. (b) A minor or incompetent person may petition any circuit court for a waiver of the parental notice of abortion requirement under this Act and may participate in proceedings on her own behalf. The court
[May 16, 2001] 32 shall appoint a guardian ad litem for her in any such proceedings. A guardian ad litem appointed under this Act must act to maintain the confidentiality of the proceedings. The circuit court shall advise the minor or incompetent person that she has a right to court-appointed counsel and shall provide her with counsel upon her request. (c) Court proceedings under this Section shall be confidential and must ensure the anonymity of the minor or incompetent person. All court proceedings under this Section shall be sealed. The minor or incompetent person has the right to file her petition in the circuit court using a pseudonym or using solely her initials. All documents related to the petition shall be confidential and shall not be made available to the public. These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. The court shall rule and issue written findings of fact and conclusions of law within 48 hours after the petition is filed, except that the 48-hour limitation may be extended at the request of the minor or incompetent person. If the court fails to rule within the 48-hour period and an extension is not requested, then the petition shall be deemed to have been granted, and the notice requirement shall be waived. (d) Notice under this Act shall be waived if the court finds by clear and convincing evidence either: (1) that the minor or incompetent person is sufficiently mature and well-enough informed to decide intelligently whether to have an abortion; or (2) that notification under Section 15 of this Act would not be in the best interests of the minor or incompetent person. (e) A court that conducts proceedings under this Section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence and the judge's findings and conclusions be maintained. (f) An expedited confidential appeal shall be available to any minor or incompetent person to whom the circuit court denies a waiver of notice under this Act. An order authorizing an abortion without notice is not subject to appeal. (g) The following rules apply to the appeal of a denial of a petition for waiver of parental notice of abortion under this Section. These rules shall remain in effect only until the Illinois Supreme Court issues its own rules providing for an expedited confidential appeal of a denial of a petition for waiver of parental notice. If the rules adopted by the Illinois Supreme Court are declared unconstitutional, the following rules are thereafter once again in effect. (1) Review of the denial of a waiver of parental notice under this Act shall be by petition filed in the Appellate Court. An appropriate supporting record must accompany the petition. The record must include the notice of interlocutory appeal; the pleadings filed in the circuit court, if any; the decision of the circuit court, including the specific findings of fact and legal conclusions supporting the decision; and any supporting documents of record the petition may offer. The record may be authenticated by the certificate of the clerk of the trial court or by the affidavit of an attorney or party filing it. (2) The minor or incompetent petitioner may file a brief statement of facts and a short memorandum of law supporting her petition. These may be filed instead of a brief and abstract and must be filed within 2 days after the denial of the petition for waiver of parental notice. (3) Except by order of the court upon request of the minor or incompetent petitioner or her guardian ad litem or counsel, no extension of time may be granted. (4) After the petitioner has filed the petition, supporting record, and any memorandum, the Appellate Court shall consider and decide the petition within 2 days. No oral argument on the petition may be heard. (5) The minor or incompetent petitioner may appear and file
33 [May 16, 2001] her notice of appeal and her petition using only her initials or a pseudonym. If she does not use her own name, however, she must provide the Clerk of the Appellate Court with a name, telephone number, and address where she can be reached to be informed of the time and place of any hearing and the decision of the court. (6) The Appellate Court shall appoint counsel to assist the minor or incompetent petitioner if she so requests. (7) All Appellate Court records concerning an appeal under this Section shall be sealed as confidential. Inspection and copying of any court records relating to the proceeding and the minor or incompetent person who is the subject of the proceeding shall not be available to the minor or incompetent person who is the subject of the proceeding or to her guardian ad litem or counsel. (8) Any further appeal to the Illinois Supreme Court may be taken in a manner similar to that provided in other civil cases. (h) No fees shall be required of any minor or incompetent person who avails herself of the procedures provided by this Section. Section 30. Minor's consent to abortion. A person may not perform an abortion on a minor without the minor's consent, except in a medical emergency. Section 35. Reports. The Department of Public Health must comply with the reporting requirements set forth in the consent decree in Herbst v. O'Malley, case no. 84-C-5602 in the U.S. District Court for the Northern District of Illinois, Eastern Division. These reports must also include a statement of whether the required notice under Section 15 of this Act was given and, if an exception to the notice requirement applies, which exception was used. No patient's name or any other information that could lead to the identification of the patient may be used in any report submitted under this Section. Section 40. Penalties. (a) A physician who willfully fails to provide notice as required under this Act before performing an abortion on a minor or an incompetent person shall be referred to the Illinois State Medical Disciplinary Board for action in accordance with Section 22 of the Medical Practice Act of 1987. (b) A person, not authorized under this Act, who signs any waiver of notice under this Act for a minor or incompetent person seeking an abortion is guilty of a Class C misdemeanor. (c) A person who discloses confidential information in violation of Section 25 is guilty of a Class C misdemeanor. Section 45. Immunity. A physician who, in good faith, provides notice in accordance with Section 15 or relies on an exception under Section 20 is not subject to any type of civil or criminal liability or discipline for unprofessional conduct for failure to give notice required under this Act. Section 50. Severability. If any provision, word, phrase, or clause of this Act, or its application to any person or circumstance, is held invalid, the invalidity of that provision or application does not affect the provisions, words, phrases, clauses, or applications of the Act that can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this Act are declared to be severable. Section 90. The Medical Practice Act of 1987 is amended by changing Sections 22 and 23 as follows: (225 ILCS 60/22) (from Ch. 111, par. 4400-22) Sec. 22. Disciplinary action. (A) The Department may revoke, suspend, place on probationary status, or take any other disciplinary action as the Department may deem proper with regard to the license or visiting professor permit of any person issued under this Act to practice medicine, or to treat human ailments without the use of drugs and without operative surgery upon any of the following grounds: (1) Performance of an elective abortion in any place, locale, facility, or institution other than: (a) a facility licensed pursuant to the Ambulatory
[May 16, 2001] 34 Surgical Treatment Center Act; (b) an institution licensed under the Hospital Licensing Act; or (c) an ambulatory surgical treatment center or hospitalization or care facility maintained by the State or any agency thereof, where such department or agency has authority under law to establish and enforce standards for the ambulatory surgical treatment centers, hospitalization, or care facilities under its management and control; or (d) ambulatory surgical treatment centers, hospitalization or care facilities maintained by the Federal Government; or (e) ambulatory surgical treatment centers, hospitalization or care facilities maintained by any university or college established under the laws of this State and supported principally by public funds raised by taxation. (2) Performance of an abortion procedure in a wilful and wanton manner on a woman who was not pregnant at the time the abortion procedure was performed. (3) The conviction of a felony in this or any other jurisdiction, except as otherwise provided in subsection B of this Section, whether or not related to practice under this Act, or the entry of a guilty or nolo contendere plea to a felony charge. (4) Gross negligence in practice under this Act. (5) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public. (6) Obtaining any fee by fraud, deceit, or misrepresentation. (7) Habitual or excessive use or abuse of drugs defined in law as controlled substances, of alcohol, or of any other substances which results in the inability to practice with reasonable judgment, skill or safety. (8) Practicing under a false or, except as provided by law, an assumed name. (9) Fraud or misrepresentation in applying for, or procuring, a license under this Act or in connection with applying for renewal of a license under this Act. (10) Making a false or misleading statement regarding their skill or the efficacy or value of the medicine, treatment, or remedy prescribed by them at their direction in the treatment of any disease or other condition of the body or mind. (11) Allowing another person or organization to use their license, procured under this Act, to practice. (12) Disciplinary action of another state or jurisdiction against a license or other authorization to practice as a medical doctor, doctor of osteopathy, doctor of osteopathic medicine or doctor of chiropractic, a certified copy of the record of the action taken by the other state or jurisdiction being prima facie evidence thereof. (13) Violation of any provision of this Act or of the Medical Practice Act prior to the repeal of that Act, or violation of the rules, or a final administrative action of the Director, after consideration of the recommendation of the Disciplinary Board. (14) Dividing with anyone other than physicians with whom the licensee practices in a partnership, Professional Association, limited liability company, or Medical or Professional Corporation any fee, commission, rebate or other form of compensation for any professional services not actually and personally rendered. Nothing contained in this subsection prohibits persons holding valid and current licenses under this Act from practicing medicine in partnership under a partnership agreement, including a limited liability partnership, in a limited liability company under the Limited Liability Company Act, in a corporation authorized by the Medical Corporation Act, as an association authorized by the Professional Association Act, or in a corporation under the Professional Corporation Act or from pooling, sharing, dividing or
35 [May 16, 2001] apportioning the fees and monies received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the Board of Directors of the corporation or association. Nothing contained in this subsection prohibits 2 or more corporations authorized by the Medical Corporation Act, from forming a partnership or joint venture of such corporations, and providing medical, surgical and scientific research and knowledge by employees of these corporations if such employees are licensed under this Act, or from pooling, sharing, dividing, or apportioning the fees and monies received by the partnership or joint venture in accordance with the partnership or joint venture agreement. Nothing contained in this subsection shall abrogate the right of 2 or more persons, holding valid and current licenses under this Act, to each receive adequate compensation for concurrently rendering professional services to a patient and divide a fee; provided, the patient has full knowledge of the division, and, provided, that the division is made in proportion to the services performed and responsibility assumed by each. (15) A finding by the Medical Disciplinary Board that the registrant after having his or her license placed on probationary status or subjected to conditions or restrictions violated the terms of the probation or failed to comply with such terms or conditions. (16) Abandonment of a patient. (17) Prescribing, selling, administering, distributing, giving or self-administering any drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes. (18) Promotion of the sale of drugs, devices, appliances or goods provided for a patient in such manner as to exploit the patient for financial gain of the physician. (19) Offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine, or the treating, operating or prescribing for any human condition by a method, means or procedure which the licensee refuses to divulge upon demand of the Department. (20) Immoral conduct in the commission of any act including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice. (21) Wilfully making or filing false records or reports in his or her practice as a physician, including, but not limited to, false records to support claims against the medical assistance program of the Department of Public Aid under the Illinois Public Aid Code. (22) Wilful omission to file or record, or wilfully impeding the filing or recording, or inducing another person to omit to file or record, medical reports as required by law, or wilfully failing to report an instance of suspected abuse or neglect as required by law. (23) Being named as a perpetrator in an indicated report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. (24) Solicitation of professional patronage by any corporation, agents or persons, or profiting from those representing themselves to be agents of the licensee. (25) Gross and wilful and continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing such false statements for collection of monies for services not rendered from the medical assistance program of the Department of Public Aid under the Illinois Public Aid Code.
[May 16, 2001] 36 (26) A pattern of practice or other behavior which demonstrates incapacity or incompetence to practice under this Act. (27) Mental illness or disability which results in the inability to practice under this Act with reasonable judgment, skill or safety. (28) Physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skill which results in a physician's inability to practice under this Act with reasonable judgment, skill or safety. (29) Cheating on or attempt to subvert the licensing examinations administered under this Act. (30) Wilfully or negligently violating the confidentiality between physician and patient except as required by law. (31) The use of any false, fraudulent, or deceptive statement in any document connected with practice under this Act. (32) Aiding and abetting an individual not licensed under this Act in the practice of a profession licensed under this Act. (33) Violating state or federal laws or regulations relating to controlled substances. (34) Failure to report to the Department any adverse final action taken against them by another licensing jurisdiction (any other state or any territory of the United States or any foreign state or country), by any peer review body, by any health care institution, by any professional society or association related to practice under this Act, by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section. (35) Failure to report to the Department surrender of a license or authorization to practice as a medical doctor, a doctor of osteopathy, a doctor of osteopathic medicine, or doctor of chiropractic in another state or jurisdiction, or surrender of membership on any medical staff or in any medical or professional association or society, while under disciplinary investigation by any of those authorities or bodies, for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section. (36) Failure to report to the Department any adverse judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section. (37) Failure to transfer copies of medical records as required by law. (38) Failure to furnish the Department, its investigators or representatives, relevant information, legally requested by the Department after consultation with the Chief Medical Coordinator or the Deputy Medical Coordinator. (39) Violating the Health Care Worker Self-Referral Act. (40) Willful failure to provide notice when notice is required under the Parental Notice of Abortion Act of 2001.
37 [May 16, 2001] (8), (9) and (29), no action shall be commenced more than 5 years after the date of the incident or act alleged to have violated this Section. In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action in favor of the plaintiff, such claim, cause of action or civil action being grounded on the allegation that a person licensed under this Act was negligent in providing care, the Department shall have an additional period of one year from the date of notification to the Department under Section 23 of this Act of such settlement or final judgment in which to investigate and commence formal disciplinary proceedings under Section 36 of this Act, except as otherwise provided by law. The time during which the holder of the license was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department. The entry of an order or judgment by any circuit court establishing that any person holding a license under this Act is a person in need of mental treatment operates as a suspension of that license. That person may resume their practice only upon the entry of a Departmental order based upon a finding by the Medical Disciplinary Board that they have been determined to be recovered from mental illness by the court and upon the Disciplinary Board's recommendation that they be permitted to resume their practice. The Department may refuse to issue or take disciplinary action concerning the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Illinois Department of Revenue. The Department, upon the recommendation of the Disciplinary Board, shall adopt rules which set forth standards to be used in determining: (a) when a person will be deemed sufficiently rehabilitated to warrant the public trust; (b) what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (c) what constitutes immoral conduct in the commission of any act, including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice; and (d) what constitutes gross negligence in the practice of medicine. However, no such rule shall be admissible into evidence in any civil action except for review of a licensing or other disciplinary action under this Act. In enforcing this Section, the Medical Disciplinary Board, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has applied for licensure or a permit pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physician or physicians shall be those specifically designated by the Disciplinary Board. The Medical Disciplinary Board or the Department may order the examining physician to present testimony concerning this mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to submit to mental or physical examination, when directed, shall be grounds for suspension of his or her license until such time as the individual submits to the examination if the Disciplinary Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Disciplinary Board finds a physician unable to practice because of the reasons set forth in this Section, the Disciplinary Board shall require such physician to submit to care, counseling, or treatment by
[May 16, 2001] 38 physicians approved or designated by the Disciplinary Board, as a condition for continued, reinstated, or renewed licensure to practice. Any physician, whose license was granted pursuant to Sections 9, 17, or 19 of this Act, or, continued, reinstated, renewed, disciplined or supervised, subject to such terms, conditions or restrictions who shall fail to comply with such terms, conditions or restrictions, or to complete a required program of care, counseling, or treatment, as determined by the Chief Medical Coordinator or Deputy Medical Coordinators, shall be referred to the Director for a determination as to whether the licensee shall have their license suspended immediately, pending a hearing by the Disciplinary Board. In instances in which the Director immediately suspends a license under this Section, a hearing upon such person's license must be convened by the Disciplinary Board within 15 days after such suspension and completed without appreciable delay. The Disciplinary Board shall have the authority to review the subject physician's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act, affected under this Section, shall be afforded an opportunity to demonstrate to the Disciplinary Board that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license. The Department may promulgate rules for the imposition of fines in disciplinary cases, not to exceed $5,000 for each violation of this Act. Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the exclusive disposition of any disciplinary action arising out of conduct resulting in death or injury to a patient. Any funds collected from such fines shall be deposited in the Medical Disciplinary Fund. (B) The Department shall revoke the license or visiting permit of any person issued under this Act to practice medicine or to treat human ailments without the use of drugs and without operative surgery, who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act, or who has been convicted a second time of committing a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A person whose license or visiting permit is revoked under this subsection B of Section 22 of this Act shall be prohibited from practicing medicine or treating human ailments without the use of drugs and without operative surgery. (C) The Medical Disciplinary Board shall recommend to the Department civil penalties and any other appropriate discipline in disciplinary cases when the Board finds that a physician willfully performed an abortion with actual knowledge that the person upon whom the abortion has been performed is a minor or an incompetent person without notice as required under the Parental Notice of Abortion Act of 2001. Upon the Board's recommendation, the Department shall impose, for the first violation, a civil penalty of $1,000 and for a second or subsequent violation, a civil penalty of $5,000.
39 [May 16, 2001] terminated or are restricted based on a final determination, in accordance with that institution's by-laws or rules and regulations, that a person has either committed an act or acts which may directly threaten patient care, and not of an administrative nature, or that a person may be mentally or physically disabled in such a manner as to endanger patients under that person's care. Such officer also shall report if a person accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care and not of an administrative nature, or in lieu of formal action seeking to determine whether a person may be mentally or physically disabled in such a manner as to endanger patients under that person's care. The Medical Disciplinary Board shall, by rule, provide for the reporting to it of all instances in which a person, licensed under this Act, who is impaired by reason of age, drug or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Disciplinary Board, or by authorized staff as provided by rules of the Disciplinary Board. Provisions shall be made for the periodic report of the status of any such person not less than twice annually in order that the Disciplinary Board shall have current information upon which to determine the status of any such person. Such initial and periodic reports of impaired physicians shall not be considered records within the meaning of The State Records Act and shall be disposed of, following a determination by the Disciplinary Board that such reports are no longer required, in a manner and at such time as the Disciplinary Board shall determine by rule. The filing of such reports shall be construed as the filing of a report for purposes of subsection (C) of this Section. (2) Professional associations. The President or chief executive officer of any association or society, of persons licensed under this Act, operating within this State shall report to the Disciplinary Board when the association or society renders a final determination that a person has committed unprofessional conduct related directly to patient care or that a person may be mentally or physically disabled in such a manner as to endanger patients under that person's care. (3) Professional liability insurers. Every insurance company which offers policies of professional liability insurance to persons licensed under this Act, or any other entity which seeks to indemnify the professional liability of a person licensed under this Act, shall report to the Disciplinary Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action, which alleged negligence in the furnishing of medical care by such licensed person when such settlement or final judgment is in favor of the plaintiff. (4) State's Attorneys. The State's Attorney of each county shall report to the Disciplinary Board all instances in which a person licensed under this Act is convicted or otherwise found guilty of the commission of any felony. The State's Attorney of each county may report to the Disciplinary Board through a verified complaint any instance in which the State's Attorney believes that a physician has willfully violated the notice requirements of the Parental Notice of Abortion Act of 2001.
[May 16, 2001] 40 which may be a violation of this Act or which may constitute unprofessional conduct related directly to patient care or which indicates that a person licensed under this Act may be mentally or physically disabled in such a manner as to endanger patients under that person's care. (B) Mandatory reporting. All reports required by items (34), (35), and (36) of subsection (A) of Section 22 and by Section 23 shall be submitted to the Disciplinary Board in a timely fashion. The reports shall be filed in writing within 60 days after a determination that a report is required under this Act. All reports shall contain the following information: (1) The name, address and telephone number of the person making the report. (2) The name, address and telephone number of the person who is the subject of the report. (3) The name or other means of identification of any patient or patients whose treatment is a subject of the report, provided, however, no medical records may be revealed without the written consent of the patient or patients. (4) A brief description of the facts which gave rise to the issuance of the report, including the dates of any occurrences deemed to necessitate the filing of the report. (5) If court action is involved, the identity of the court in which the action is filed, along with the docket number and date of filing of the action. (6) Any further pertinent information which the reporting party deems to be an aid in the evaluation of the report. The Department shall have the right to inform patients of the right to provide written consent for the Department to obtain copies of hospital and medical records. The Disciplinary Board or Department may exercise the power under Section 38 of this Act to subpoena copies of hospital or medical records in mandatory report cases alleging death or permanent bodily injury when consent to obtain records is not provided by a patient or legal representative. Appropriate rules shall be adopted by the Department with the approval of the Disciplinary Board. When the Department has received written reports concerning incidents required to be reported in items (34), (35), and (36) of subsection (A) of Section 22, the licensee's failure to report the incident to the Department under those items shall not be the sole grounds for disciplinary action. Nothing contained in this Section shall act to in any way, waive or modify the confidentiality of medical reports and committee reports to the extent provided by law. Any information reported or disclosed shall be kept for the confidential use of the Disciplinary Board, the Medical Coordinators, the Disciplinary Board's attorneys, the medical investigative staff, and authorized clerical staff, as provided in this Act, and shall be afforded the same status as is provided information concerning medical studies in Part 21 of Article VIII of the Code of Civil Procedure. (C) Immunity from prosecution. Any individual or organization acting in good faith, and not in a wilful and wanton manner, in complying with this Act by providing any report or other information to the Disciplinary Board, or assisting in the investigation or preparation of such information, or by participating in proceedings of the Disciplinary Board, or by serving as a member of the Disciplinary Board, shall not, as a result of such actions, be subject to criminal prosecution or civil damages. (D) Indemnification. Members of the Disciplinary Board, the Medical Coordinators, the Disciplinary Board's attorneys, the medical investigative staff, physicians retained under contract to assist and advise the medical coordinators in the investigation, and authorized clerical staff shall be indemnified by the State for any actions occurring within the scope of services on the Disciplinary Board, done in good faith and not wilful and wanton in nature. The Attorney General shall defend all such actions unless he or she determines either that there would be a conflict of interest in such
41 [May 16, 2001] representation or that the actions complained of were not in good faith or were wilful and wanton. Should the Attorney General decline representation, the member shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were wilful and wanton. The member must notify the Attorney General within 7 days of receipt of notice of the initiation of any action involving services of the Disciplinary Board. Failure to so notify the Attorney General shall constitute an absolute waiver of the right to a defense and indemnification. The Attorney General shall determine within 7 days after receiving such notice, whether he or she will undertake to represent the member. (E) Deliberations of Disciplinary Board. Upon the receipt of any report called for by this Act, other than those reports of impaired persons licensed under this Act required pursuant to the rules of the Disciplinary Board, the Disciplinary Board shall notify in writing, by certified mail, the person who is the subject of the report. Such notification shall be made within 30 days of receipt by the Disciplinary Board of the report. The notification shall include a written notice setting forth the person's right to examine the report. Included in such notification shall be the address at which the file is maintained, the name of the custodian of the reports, and the telephone number at which the custodian may be reached. The person who is the subject of the report shall submit a written statement responding, clarifying, adding to, or proposing the amending of the report previously filed. The statement shall become a permanent part of the file and must be received by the Disciplinary Board no more than 60 days after the date on which the person was notified by the Disciplinary Board of the existence of the original report. The Disciplinary Board shall review all reports received by it, together with any supporting information and responding statements submitted by persons who are the subject of reports. The review by the Disciplinary Board shall be in a timely manner but in no event, shall the Disciplinary Board's initial review of the material contained in each disciplinary file be less than 61 days nor more than 180 days after the receipt of the initial report by the Disciplinary Board. When the Disciplinary Board makes its initial review of the materials contained within its disciplinary files, the Disciplinary Board shall, in writing, make a determination as to whether there are sufficient facts to warrant further investigation or action. Failure to make such determination within the time provided shall be deemed to be a determination that there are not sufficient facts to warrant further investigation or action. Should the Disciplinary Board find that there are not sufficient facts to warrant further investigation, or action, the report shall be accepted for filing and the matter shall be deemed closed and so reported to the Director. The Director shall then have 30 days to accept the Medical Disciplinary Board's decision or request further investigation. The Director shall inform the Board in writing of the decision to request further investigation, including the specific reasons for the decision. The individual or entity filing the original report or complaint and the person who is the subject of the report or complaint shall be notified in writing by the Director of any final action on their report or complaint. (F) Summary reports. The Disciplinary Board shall prepare, on a timely basis, but in no event less than one every other month, a summary report of final actions taken upon disciplinary files maintained by the Disciplinary Board. The summary reports shall be sent by the Disciplinary Board to every health care facility licensed by the Illinois Department of Public Health, every professional association and society of persons licensed under this Act functioning on a statewide basis in this State, the American Medical Association, the American Osteopathic Association, the American Chiropractic
[May 16, 2001] 42 Association, all insurers providing professional liability insurance to persons licensed under this Act in the State of Illinois, the Federation of State Medical Licensing Boards, and the Illinois Pharmacists Association. (G) Any violation of this Section shall be a Class A misdemeanor. (H) If any such person violates the provisions of this Section an action may be brought in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, for an order enjoining such violation or for an order enforcing compliance with this Section. Upon filing of a verified petition in such court, the court may issue a temporary restraining order without notice or bond and may preliminarily or permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this paragraph shall be in addition to, and not in lieu of, all other remedies and penalties provided for by this Section. (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, eff. 1-1-99.) (720 ILCS 515/Act rep.) Section 95. The Illinois Abortion Parental Consent Act of 1977, which was repealed by Public Act 89-18, is again repealed. (720 ILCS 520/Act rep.) Section 96. The Parental Notice of Abortion Act of 1983, which was repealed by Public Act 89-18, is again repealed. (750 ILCS 70/Act rep.) Section 97. The Parental Notice of Abortion Act of 1995 is repealed. Section 99. Effective Date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1900 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1907 A bill for AN ACT concerning license plates. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1907. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1907 as follows: on page 1, line 10 by replacing "Section 3-648" with "Sections 3-648 and 3-649"; and on page 2, below line 26, by inserting the following: "(625 ILCS 5/3-649 new) Sec. 3-649. West Point Bicentennial license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue West Point Bicentennial
43 [May 16, 2001] license plates to commemorate the 200th anniversary of the founding of the United States Military Academy at West Point, N.Y. The special West Point Bicentennial plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $15 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1907 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2295 A bill for AN ACT concerning criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2295. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2295 on page 1, by replacing lines 9 through 12 with "knowingly"; and on page 1, line 14, after "structure,", by inserting the following: "including all or any part of a house trailer, watercraft, motor vehicle, or railroad car,". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2295 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit:
[May 16, 2001] 44 HOUSE BILL 3192 A bill for AN ACT concerning education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3192. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3192 on page 2, immediately below line 28, by inserting the following: "Section 7. The Interagency Coordinating Council Act is amended by changing Sections 2 and 3 as follows: (20 ILCS 3970/2) (from Ch. 127, par. 3832) Sec. 2. Interagency Coordinating Council. There is hereby created an Interagency Coordinating Council which shall be composed of the Directors, or their designees, of the Illinois Department of Children and Family Services, Illinois Department of Commerce and Community Affairs, Illinois Department of Corrections, Illinois Department of Employment Security, and Illinois Department of Public Aid; the Secretary of Human Services or his or her designee; the Executive Director, or a designee, of the Illinois Community College Board, the Board of Higher Education, and the Illinois Planning Council on Developmental Disabilities; the State Superintendent of Education, or a designee; and a designee representing the University of Illinois - Division of Specialized Care for Children. The Secretary of Human Services (or the member who is the designee for the Secretary of Human Services) and the State Superintendent of Education (or the member who is the designee for the State Superintendent of Education) shall be co-chairs of the Council. The co-chairs shall be responsible for ensuring that the functions described in Section 3 of this Act are carried out
45 [May 16, 2001] participation, adult services, and other post-secondary activities
[May 16, 2001] 46 Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 382 on page 1, line 12 by inserting after "fetus." the following: "Notification may also include other options such as, but not limited to, a ceremony, a certificate, or common burial of fetal tissue.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 382 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 445 A bill for AN ACT in relation to schools. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 445. Passed the Senate, as amended, May 16, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 445, on page 6, by replacing lines 6 through 13 with the following: "(e) Any person who has alcoholic liquor in his or her possession on public school district property on school days or at events when children are present is guilty of a petty offense, unless the alcoholic liquor (i) is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor or (ii) is in the possession of a person in or for the performance of a religious service or ceremony authorized by the school board.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 445 was placed on the Calendar on the order of Concurrence. REPORTS FROM STANDING COMMITTEES Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 385. The committee roll call vote on SENATE BILL 385 is as follows: 8, Yeas; 0, Nays; 4, Answering Present. Y Burke, Chair P Capparelli
47 [May 16, 2001] P Acevedo P Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon P Bradley Y Pankau A Bugielski, V-Chair Y Poe, Spkpn Y Rutherford CHANGE OF SPONSORSHIP Representative Daniels 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 1684. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Pankau asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3288. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Resolutions. HOUSE RESOLUTION 302 Offered by Representative Hoffman: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Patsy Schwarm is retiring from her duties as the Assistant Superintendent of Instruction for the Highland Community Unit School District #5 in Highland, Illinois at the end of the 2001 school year; and WHEREAS, Patsy Schwarm was raised on a farm in Loogootee, Illinois, established by her great-grandfather in the 1840's; during her youth, she was involved in many leadership activities through her school, church, and the 4-H club in which she served as president of both the agriculture and home economics clubs as well as president of the county 4-H federation; and WHEREAS, Patsy Schwarm earned her bachelor's in mathematics with a minor in instructional materials, and her master's degree in Educational Administration from Southern Illinois University; and WHEREAS, Patsy Schwarm began her teaching career in 1968 as a math teacher and librarian at Highland Junior High School; in 1977, she started her work as a school administrator serving as assistant principal in grades four through eight at Highland Junior High School, and continued working as a part-time junior high school high math and study skill teacher; in addition she served as principal for grades four through six and as assistant principal for grades seven and eight at Highland Junior High School; in 1984, she was named administrative assistant to the superintendent, where she has remained; and WHEREAS, During her tenure as Assistant Superintendent of Instruction at Highland Community School District #5, Patsy Schwarm has improved curriculum, created and presented countless workshops institutes, established the new teacher-mentor program, and was in charge of the writing and receiving of grants that have paid for a multitude of educational need in Highland Community School District #5; in addition she assisted in the re-modeling of Highland High School, the new Highland Middle School building, and the preparation of the annual Recognition Banquet since its inception several years ago; and WHEREAS, Patsy Schwarm has served in many leadership roles including as local President of the IASCD, chairperson of the Madison County Curriculum Council, and as an officer of the Madison County Region II Special Education Cooperative Governing Board for the past ten years; she has also served as a workshop presenter at Southern
[May 16, 2001] 48 Illinois University, the Illinois Reading Recovery Conference, at several ESC regional institutes, and the ISBE committee; she also developed a document concerning the Quality Review process that has been sent to districts throughout the State for use and review; and WHEREAS, In addition to her duties for Highland Unit School District #5, Patsy Schwarm has been involved for many years with youth programs in her community including serving on a Drug and Alcohol Task Force, as member and liaison on the board of Greater Highland Area for Youth, and as member on the executive board of the Madison County Fair, where she serves as co-superintendent of the education department; she has also presented programs at various community organizations and helped coordinate a school and volunteer project to build a playground in Highland, and has established a plan for improving the Junior Achievement programs in the Highland schools; she also served on the executive board and as secretary of the Business/Education Alliance to establish a parenting program for workers in area businesses over their lunch hours; and WHEREAS, Patsy Schwarm also serves on committees at her church where she has sponsored a weekly program called "Glad Rap" where high school age students could come and enjoy the church recreation room and get help with their homework; in her spare time, she enjoys spending time with her friends and family, reading, cooking, and visiting her Angus heifer on the family farm in Loogootee; and WHEREAS, Patsy Schwarm has shown extraordinary love for her students and has served as a mentor and friend to the faculty and staff at Highland Community Unit School District #5; her leadership and guidance will be missed by all; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Patsy Schwarm on her retirement as Assistant Superintendent of Instruction at Highland Community Unit School District #5 in Highland, Illinois, and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Patsy Schwarm as an expression of our esteem. HOUSE RESOLUTION 305 Offered by Representative Winkel: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Mary Rita Kane McGuire of Champaign, Illinois is celebrating the 80th anniversary of her birth; and WHEREAS, Mary Rita Kane was born on June 5 1921, in Livingston County, Illinois, to John and Eileen Kane; and WHEREAS, Mary Rita Kane McGuire attended rural schools and graduated from Chatsworth High School; she attended Illinois State Normal University from 1938 to 1940 and from 1948 through 1950, when she received her degree in Special Education; she received her master's degree from the University of Illinois at Champaign in 1964; and WHEREAS, Mary Rita Kane McGuire taught speech correction in DeWitt County schools from 1950 to 1955; in addition she taught elementary school from 1955 through 1980 at Westview in Champaign; and WHEREAS, Mary Rita Kane married Joseph McGuire in 1943; they are the proud parents of Kathleen (husband, Richard), and the proud grandparents of Julie (husband, Mike), and great grandparents of Daniel Patrick; and WHEREAS, Mary Rita Kane McGuire is a member of the Provena Covenant Hospital Auxiliary, and has served as a hospital volunteer; in addition she serves as a member of the Illinois and Champaign County Retired Teachers Associations, as past president of the Illinois Women's Club of Champaign-Urbana, and as a member of St. Matthew's Catholic Church in Champaign; she also serves as an election judge and enjoys participating in several bridge clubs; and WHEREAS, The family, friends, and former students of Mary Rita Kane McGuire would like to congratulate her on the celebration of her 80th
49 [May 16, 2001] birthday; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mary Rita Kane McGuire on the occasion of her 80th birthday and extend to her our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mary Rita Kane McGuire as an expression of our respect and esteem. HOUSE RESOLUTION 306 Offered by Representative Zickus: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built; and WHEREAS, It has come to our attention that Dr. and Mrs. Charles Joseph Zickus, III of Lakeland, Florida will celebrate the first anniversary of their marriage; and WHEREAS, Dr. Charles Joseph Zickus III, and Candace Joy Brooks were united in holy matrimony on May 14, 2000, in Ellisville, Mississippi; their bridal party included Matron of honor, Tracey McGraw, Bridesmaids, Stacey Nix, Jennifer Mills, Terri Brooks, and Jill Brooks, the best men, Mike Guidarelli and Tom Pukstys, ushers, Joe Carlson, Dan Heverdes, and Dan Dilea, and the flower girl, Addie Brooks accompanied by Todd the cocker spaniel; and WHEREAS, Charles and Candace met while they were attending Mississippi State University; he was born in Berwyn, Illinois on May 5, 1968, while she was born in Laurel, Mississippi on July 3, 1974; and WHEREAS, Dr. and Mrs. Zickus moved to Lakeland, Florida in June of 2000; Dr. Zickus began practice as a DVM at Animal Clinic at South Side in Plant City, Florida and Mrs. Zickus works as a hair stylist at Talk of the Town in Lakeland; they are expecting their first child, Charles Joseph Zickus IV, in September of 2001; and WHEREAS, Charles and Candace Zickus are celebrating their first wedding anniversary with congratulations and loving wishes of their family, which includes Charles' proud parents, Charles Joseph Zickus, Jr. and State Representative Anne Zickus; Candace's proud parents, B.L. Jr. and Deborah Brooks; Charles' sister, Kathleen Martens; Candace's brothers, Chad and Jill Brooks, and Joel and Terrie Brooks; their nieces, Samantha Martens and Addie Brooks; their nephew, Matthew Martens; their aunts, Joan Greenhoff, Nancy and Michael Cummings, Gail Carlson, and in spirit, the late Adrienne Warneke; their uncle, William Zickus; and in spirit, their grandparents, the late Charles and Eleanor Zickus, the late William and Julia Greenhoff, Louise and the late Sid Strickland, and B.L., Sr. and Betty Brooks; and WHEREAS, Charles and Candace stand as examples of the best of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Charles and Candace Zickus, III, on the occasion of their first wedding anniversary; that we commend them for achieving a happy marriage; and that we wish them happiness and good health in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to them as an expression of our respect and esteem. HOUSE RESOLUTION 307 Offered by Representative Ryder: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Howard Lee White, who passed away on April 12, 2001; and WHEREAS, Howard Lee White was born on August 5, 1924, in Carrollton, Illinois, to Clifford and Martha White; and WHEREAS, Howard Lee White proudly served his country during World War II in the United States Navy; and
[May 16, 2001] 50 WHEREAS, Howard Lee White was a county judge from 1962 until 1963, an associate judge from 1964 until 1971, and circuit judge of the Seventh Judicial Circuit, State of Illinois, from 1971 until 1984; after retirement from the bench, he served as an attorney with McDonald, Cooper and White Law Firm in Jerseyville; and WHEREAS, Howard Lee White was an active member of the First United Methodist Church in Jerseyville, the Illinois Bar Association, the Texas Bar Association, the Illinois Retired Judges Association, the US Golf Association, Moose Lodge No. 695, Elks Lodge No. 954, American Legion Post No. 492, Veterans of Foreign Wars Post No. 4528, Masonic Lodge No. 394, the Jersey County Chamber of Commerce Ambassadors, the Jersey Community High School Panther Athletic Club, and the Ainad Shrine Temple in St. Louis, Missouri; and WHEREAS, Howard Lee White made a special effort to be a part of his children's and grandchildren's lives, even if they lived in another state or country; he could be found at numerous athletic contests, recitals, and more commonplace activities, both in and out of town; and WHEREAS, Howard Lee White will always be remembered for his love of high school football, playing golf at the Westlake Country Club, and his sense of humor; and WHEREAS, The passing of Howard Lee White will be deeply felt by all who knew and loved him, especially his wife, Freda; his daughters, Sharon W. (husband, David) Koplan, and Carol R. White; his son, Ronald W. White; his grandchildren, Marcus Bidlack, Brian Bidlack, Lance Bidlack, Kevin D. Koplan, and Katie Koplan; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Howard Lee White of Jerseyville, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Howard Lee White with our sincere condolences. HOUSE RESOLUTION 309 Offered by Representative Madigan: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Paul Korman is retiring from his duties as UAW Region 4 Director on June 1, 2001; and WHEREAS, Paul Korman was born on April 27, 1935 in Chicago, Illinois; he is a graduate of Harrison Technical School and attended the Illinois Institute of Technology; and WHEREAS, Paul Korman has been a UAW member for nearly forty-six years and has held various leadership positions; he was elected director of UAW Region 4 on June 14, 1995, at the UAW Constitutional Convention in Anaheim, California; he had previously served as Assistant Director of UAW Region 4 since 1984, and he served for sixteen years on the Region 4 staff as an international representative; and WHEREAS, Paul Korman has been a member of the UAW since 1955, when a certification election at International Harvester Company brought the members of the Farm Equipment Workers including FE Local 101, in which Mr. Korman was a member, into the UAW; he quickly became involved in UAW Local 1301, representing his fellow workers at the International Harvester Tractor Works in Chicago; he served as a shop steward, a member of the local union executive board, and a member of the Local 1301 Negotiating Committee; after the closing of the International Harvester Plant and Local 1301, Mr. Korman transferred his membership to UAW Local 1643 in Libertyville, Illinois; and WHEREAS, Paul Korman is a veteran skilled tradesperson who holds a UAW journeyman's card as a millwright; in addition he holds an electrician's certification from the International Brotherhood of Electrical Workers; and WHEREAS, From 1968 through 1984, Paul Korman carried out servicing responsibilities involving UAW members at International Harvester,
51 [May 16, 2001] Caterpillar, J I Case, Dresser, and a number of aerospace and auto industry suppliers and independent plants; from 1966 until his appointment as an international representative, he served the UAW on temporary assignments; and WHEREAS, Paul Korman has been active in politics for several years; he served as a member of the Illinois Democratic Party and has worked on behalf of a number of Democratic candidates in Illinois campaigning for the United States Senate and other seats; he is also a member of the NAACP; and WHEREAS, Paul Korman currently serves as a member of the Board of Directors of Navistar Corporation and as a member of the Advisory Board of the Federal Reserve Bank; and WHEREAS, Paul Korman will spend his retirement in Gurnee, Illinois with his very proud and loving family, who include his wife, Sandra, his children, Paul and Loretta, and his four grandchildren; and WHEREAS, The Korman family pride themselves on being part of the UAW family; Paul's father, Paul Korman, Sr., and his father-in-law, Willard Klepser, are retired members of UAW Local 1301 from the former Harvester facility; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Paul Korman on his retirement as UAW Region 4 Director and for his dedicated service to UAW for forty-six years and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Paul Korman as an expression of our esteem. HOUSE RESOLUTION 310 Offered by Representative Bradley: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built, and a marriage that has achieved a notable longevity is truly a model for the people of the State of Illinois; and WHEREAS, It has come to our attention that Mr. and Mrs. Norman Ellingsen of Schaumburg, Illinois, will celebrate the fiftieth anniversary of their marriage; and WHEREAS, Norman Ellingsen and Shirley Anderson were united in holy matrimony on June 9, 1951 at Redeemer Lutheran Church in Chicago, Illinois; and WHEREAS, They are the loving parents of Joan Danz, Paulette Ferris, Carol "Candy" Westerman, and Norman "Skip" Ellingsen, Jr.; and the grandparents of seven wonderful grandchildren and three great-grandchildren; and WHEREAS, Norman Ellingsen was a manager for many years of Lloyd's Automobile Service Stations on Cicero and Central Avenues; and he is retired from Gulf Oil; Shirley Ellingsen is a homemaker; and WHEREAS, Norman Ellingsen has been a member of Mason and Shriner for the past fifty years, where he has been an active blood donor in the Mason and Shriner Blood Drive; Shirley Ellingsen is an active choir member at her church and an active member of the Elks Ladies Auxiliary #2048; and WHEREAS, The respect for marriage reaches one of its highest plateaus when a couple such as Norman and Shirley Ellingsen celebrate their golden wedding anniversary; and WHEREAS, Norman and Shirley Ellingsen stand as examples of the best of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Norman and Shirley Ellingsen on the occasion of their fiftieth wedding anniversary; that we commend them for achieving a long and happy marriage, blessed with children and grandchildren and rich in friendships; and that we wish them happiness and good health in the
[May 16, 2001] 52 future; and be it further RESOLVED, That a suitable copy of this resolution be presented to them as an expression of our respect and esteem. SENATE BILLS ON SECOND READING SENATE BILL 406. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 303 Offered by Representative Hoffman: WHEREAS, More than almost all other consumer purchases, the ability to purchase medications has a direct, discernible impact on the health and life of this State's citizens; and WHEREAS, A substantial and significant portion of the prescription drug price and cost to the consumer and the State is represented by advertising, particularly direct-to-consumer advertising; and WHEREAS, The National Institute for Health Care Management has reported that "... prescription drugs advertised directly to consumers are the largest and fastest selling medicines. They contributed significantly to the 19% increase in pharmaceutical spending in 1999. Direct-to-consumer advertising accounted for 27% of the $6.6 billion drug companies spent directly promoting their products. Mass media advertising was 22% of all direct promotion expenses in 1998 compared to 10% in 1995 ..."; and WHEREAS, This marked increase in spending by pharmaceutical companies and distributors for direct-to-consumer advertising began with the relaxation of federal regulations in 1997. In 1999, drug companies spent $1.8 billion on mass media advertising, up 38.5% from the amount spent in 1998 and 33 times the $55 million spent on mass media in 1991. The drug industry has increased its direct-to-consumer ad spending by 40% per year. Television ads accounted for 70% -- $1.1 billion -- of the 1998 spending. At the current pace, all ad spending was expected to exceed $2 billion in 2000; and WHEREAS, Some drug companies are now spending more of their revenue on advertising, marketing, and administrative costs than on research. According to Public Citizen's Congress Watch, Fortune 500 drug companies allocated 17% of their revenue into profits last year and 30% into marketing and administration, but spent just 12% on research and development. The National Institute for Health Care Management reports that this increase in consumer advertising could be responsible for 25% of the recent increase in prescription drug spending. There is growing concern that this priority on advertising is short-changing new product research and development and may be confusing to consumers and affecting their relationships with health care providers. As a result, the U.S. Food and Drug Administration (FDA) is planning a study to determine whether these ads are causing more harm than good. The FDA will be reviewing its direct-to-consumer advertising policy to determine whether it should be changed, rescinded, or kept in place; and WHEREAS, This excessive advertising may result in consumers making inappropriate demands for newer, costlier medicines, when less expensive drugs may be as or more appropriate; and WHEREAS, Health insurance companies claim that direct-to-consumer
53 [May 16, 2001] advertising motivates consumers to go to the doctor to ask for more expensive drugs than necessary or for unnecessary drugs, which, in turn, is responsible in part for large increases in health insurance premiums; and WHEREAS, There are no accurate reported figures on what pharmaceutical companies and distributors spend on advertising; and WHEREAS, Researchers have indicated that assumptions of the amount of advertising are based on extrapolation from data in the public domain since they were unable to obtain data directly from the pharmaceutical companies; and WHEREAS, The State of Illinois is a major purchaser of prescription medications amounting to nearly $1.5 billion per year, and the spiralling cost of direct-to-consumer advertising is contributing to the State's excessive prescription drug liability, so the State has a compelling interest in controlling drug costs; and WHEREAS, Pharmaceutical companies claim that any action by the government to deal with those increasing prices and costs will have a negative impact on their capacity to engage in vital research and development; and WHEREAS, The House of Representatives needs data that is reliable and valid to evaluate the competing claims of consumer groups and the pharmaceutical companies; and WHEREAS, The House of Representatives has determined that it must require pharmaceutical companies and distributors to provide data through the disclosure of their expenditures for mass media direct-to-consumer advertising and correspondence to consumers; and WHEREAS, The Illinois Health Care Cost Containment Council was established to contain health care costs and to identify appropriate utilization practices through the collection and dissemination of data obtained from appropriate sources; and WHEREAS, The Illinois Health Care Cost Containment Council is authorized to collect data and provide reports on health issues, and a report on prescription drug advertising that influences health care costs is consistent with the Council's duty to promote health care cost containment and to identify appropriate utilization practices in order to contain costs and to ensure access to quality care through the dissemination of data to purchasers and consumers of health care and to public officials who determine health-related programs and policies; and WHEREAS, The Illinois Health Care Cost Containment Council is best situated to aid the House of Representatives in determining whether this State's citizens benefit from the additional prices and costs of prescription drugs attributable to advertising; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois Health Care Cost Containment Council (hereinafter, "the Council") shall conduct a cost/benefit analysis of advertising associated with the provision of prescription drugs to this State's citizens by pharmaceutical companies and distributors; and be it further RESOLVED, That the Council shall utilize a methodology to determine the impact upon the necessity for inpatient hospital care, major ambulatory services, invasive procedures, numbers of visits to health care professionals, and health insurance premium rates relative to the costs associated with advertising directed toward this State's citizens by pharmaceutical companies and distributors; and be it further RESOLVED, That at reasonable intervals, as determined by the Council, pharmaceutical companies and distributors that provide prescription drugs under programs administered by this State shall cooperate with the Council in providing information necessary to carry out the Council's analysis; and be it further RESOLVED, That pharmaceutical companies and distributors that advertise in media to reach an Illinois audience, and pharmaceutical companies and distributors that correspond directly with consumers, shall disclose the aggregate cost of the advertising of prescription drugs in the media and in correspondence to the consumer. For purposes of this paragraph, "media" includes, but is not limited to, radio,
[May 16, 2001] 54 television, the Internet, daily and weekly magazines and newspapers, billboards, and signs; and "correspondence" means direct mail, telephone communications, and electronic mail directed to specific individuals or households; and be it further RESOLVED, That pharmaceutical companies and distributors referred to in the preceding paragraphs shall disclose the aggregate of the portion of salaries of their drug representatives and salespersons who have all or part of their employment in activities enumerated in the preceding paragraphs; and be it further RESOLVED, That the Council shall collect and compile data from pharmaceutical companies and distributors required to provide information pursuant to this Resolution. The Council shall use appropriate measures to analyze and compare data with data on inpatient hospital stays, ambulatory services, invasive procedures, and visits to health care professionals to conduct the cost/benefit analysis required pursuant to this Resolution; and be it further RESOLVED, That if any pharmaceutical company or distributor fails to cooperate with the Council in providing information pursuant to this Resolution, the Council shall promptly report that failure to the House of Representatives; and be it further RESOLVED, That the Council shall disseminate data in accordance with this Resolution and shall, no later than one year after the adoption of this Resolution, make recommendations to the House of Representatives on the costs associated with advertising by pharmaceutical companies and distributors. The recommendations shall include, but need not be limited to, the State of Illinois reforming its methods and procedures to limit payments of advertising costs by the State under insurance and other health plans and programs that cover prescription drugs for State employees, residents of State-operated facilities for the mentally ill and developmentally disabled, inmates of State correctional facilities, residents of veterans facilities, senior citizens and the disabled, and Medicaid recipients; and be it further RESOLVED, That the Department of Public Aid, the Department of Children and Family Services, the Department of Human Services, the Department of Revenue, and the Department of Central Management Services shall cooperate with the Council in the acquisition of the required cost information, in the analysis of the collected data, and in the development of the recommendations regarding reforms of State purchasing of prescription drugs. The Council, in conjunction with the Department of Public Aid, shall also determine the necessity and procedure for obtaining federal approval for implementing changes in Illinois' Medicaid program to effect cost controls with respect to prescription drug payments, including but not limited to the disallowance of unreasonable advertising costs, and the Department of Public Aid shall obtain the approval necessary to implement such controls; and be it further RESOLVED, That the Council shall estimate cost savings that may be achieved by limiting the State's liability for costs related to prescription drug advertising; and be it further RESOLVED, That any savings achieved by cost control measures related to direct-to-consumer advertising shall be reinvested in the State's Medical Assistance program; and be it further RESOLVED, That a copy of this Resolution be delivered to the Chairman of the Illinois Health Care Cost Containment Council. HOUSE RESOLUTION 304 Offered by Representative Delgado: RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General be directed to conduct a financial and management audit of the Teachers Academy for Mathematics and Science, which is primarily funded through the State Board of Education; and be it further RESOLVED, That this audit shall include, but not be limited to, the following determinations:
55 [May 16, 2001] (1) whether some grants for the Teachers Academy for Mathematics and Science were made by the State Board of Education from programs designed only for individual schools and school districts; (2) whether other grants for the Teachers Academy for Mathematics and Science made by the State Board of Education were in excess of their entitlement; (3) whether the Teachers Academy for Mathematics and Science has met goals it set with the State Board of Education in return for substantial increases in State funding; and (4) whether the substantial expenditure of State funds over the last 5 years on the Teachers Academy for Mathematics and Science has resulted in improvements in math and science scores at participating schools; and be it further RESOLVED, That the State Board of Education shall cooperate fully and promptly with the Office of the Auditor General in the conduct of this audit; and be it further RESOLVED, That the Auditor General commence this audit as soon as possible and report his findings upon completion to the Legislative Auditing Commission, the Governor, and members of the General Assembly in accordance with the Illinois State Auditing Act; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Auditor General. HOUSE RESOLUTION 308 Offered by Representative Madigan: WHEREAS, Illinois has the 4th largest concentration of technology workers in the nation; and WHEREAS, Illinois colleges and universities have dramatically increased the number of information technology programs and information technology graduates from these programs over the past five years; and WHEREAS, Illinois ranks 2nd nationally behind California for the number of top-ranked engineering and business graduate programs in our universities; and WHEREAS, The Illinois Board of Higher Education, through "The Illinois Commitment", has asked Illinois colleges and universities to help Illinois business and industry sustain strong economic growth; and WHEREAS, Illinois produces nearly 4,500 engineering graduates per year, compared to the United States average of 2,000; and WHEREAS, Illinois ranks 11th nationally in the ratio of technology companies per capita, with 3.6 businesses per 1,000 capita; and WHEREAS, Research and innovations conducted at Illinois-based universities and colleges are a primary creator of new technologies and the birthplace of new, fast-growing technology-based companies; and WHEREAS, Illinois research universities play a key role in the development of Illinois' economy; and WHEREAS, Universities that do technology transfer well have adopted plans and programs to encourage this transfer; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that each Illinois research college and university develop a plan that demonstrates the effective transfer of technology from the university to the private sector and submit the plan to the Board of Higher Education, the Department of Commerce and Community Affairs, and the Illinois General Assembly prior to May 1, 2002; and be it further RESOLVED, That these institutions submit a report to the Illinois Board of Higher Education and the Illinois Department of Commerce and Community Affairs, prior to May 1, 2002, on the number of patents recorded, new licenses and registrations of commercial technologies attained, the number of start-up companies formed, and the number of companies involved in research part incubators; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Illinois Department of Commerce and Community Affairs and the Illinois Board of Higher Education.
[May 16, 2001] 56 HOUSE JOINT RESOLUTION 39 Offered by Representative Saviano: WHEREAS, Health care service contracts between insurers, health plans, businesses, unions, health care professionals and health care providers have become the primary method of arranging for the delivery of health care to the people of Illinois; and WHEREAS, The Illinois General Assembly is currently debating the Fairness in Health Care Services Contracting Act which attempts to ensure that both parties to a contract for the provision of health care services understand the terms and conditions for the provision of those services; and WHEREAS, The professional services contracts entered into between health care plans and health care professionals and health care providers have a significant impact on the delivery of health care services to the people of Illinois; and WHEREAS, The relationship between the health care plan contract with the professionals and providers is akin to the insurance policy for coverage with the insureds or enrollees; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Illinois Legislative Task Force on Fairness in Health Care Services Contracting consisting of seven voting members; one of whom shall be a member of the Senate appointed by the President of the Senate who shall serve as Co-chairperson, one of whom shall be a member of the Senate appointed by the Minority Leader of the Senate, one of whom shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives who shall serve as Co-chairperson, one of whom shall be a member of the House of Representatives appointed by the Minority Leader of the House of Representatives, and the Director of Insurance or his or her designee, the Director of Public Health or his or her designee, and the Attorney General or his or her designee; and be it further RESOLVED, That the Task Force shall include sixteen non-voting members; including one representative of the following organizations; Illinois Hospital and HealthSystems Association, Illinois State Dental Society, Illinois Nurses Association, Illinois Pharmacists Association, Illinois State Medical Society, Illinois Podiatric Medical Society, Illinois Optometric Association, Illinois Association of Clinical Psychologists, Illinois Association of Freestanding Surgery Centers, Illinois Association of Health Plans, Managed Health Providers Association, Illinois Life Insurance Council, Blue Cross/Blue Shield of Illinois, Illinois Manufacturers Association, Illinois Retail Merchants Association, AFL/CIO, and the City of Chicago; and be it further RESOLVED, That the meetings of the Task Force shall be held at the call of the Co-chairpersons and that the non-voting members of the Task Force shall serve without compensation; and be it further RESOLVED, That the Task Force shall study the health plan professional and provider services contracting process; and be it further RESOLVED, That the Task Force shall conduct at least two hearings in the Chicago metropolitan area and one hearing outside the Chicago metropolitan area; and be it further RESOLVED, That the Task Force shall report its recommendations to the General Assembly and Governor on or before December 31, 2001. HOUSE JOINT RESOLUTION 40 Offered by Representative Madigan: WHEREAS, The members of the Illinois General Assembly remember the life and work of Gwendolyn Brooks, poet laureate of the State of Illinois; and WHEREAS, There are buildings located around the State Capitol complex that are named for prominent and influential people from the State including the late Governor William G. Stratton, the late Secretary of State Michael J. Howlett, and the late Margaret Cross
57 [May 16, 2001] Norton, the first director of the State Archives; and WHEREAS, Gwendolyn Brooks honored the State of Illinois as poet laureate; a chair in Black Literature and Creative Writing was established for Ms. Brooks by Chicago State University a decade ago; the Center for African-American literature at Western Illinois University is also named for Ms. Brooks; in Harvey, Illinois, a junior high school is named in her honor; and WHEREAS, In the final year of her life, Gwendolyn Brooks was named a living legend by the Library of Congress; and WHEREAS, Gwendolyn Brooks was the first African-American to win the Pulitzer Prize; and WHEREAS, The passing of Gwendolyn Brooks was deeply felt by all who knew and loved her, especially her family, friends, fellow poets, and the people of the State of Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we urge the State of Illinois to rename the Illinois State Library the Gwendolyn Brooks Illinois State Library; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Gwendolyn Brooks and Secretary of State Jessie White. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Rutherford, SENATE BILL 76 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: 88, Yeas; 24, Nays; 3, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Hoffman, SENATE BILL 98 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 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. SENATE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILL 1032. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Cowlishaw, SENATE BILL 170 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.
[May 16, 2001] 58 (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Bost, SENATE BILL 384 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Bost, further consideration of SENATE BILL 384 was postponed. On motion of Representative Mathias, SENATE BILL 433 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 105, Yeas; 7, Nays; 3, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Lindner, SENATE BILL 435 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 4, Nays; 0, Answering Present. (ROLL CALL 6) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Joseph Lyons, SENATE BILL 575 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: 113, Yeas; 2, Nays; 0, 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. On motion of Representative Mendoza, SENATE BILL 602 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: 97, Yeas; 14, 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. On motion of Representative Hamos, SENATE BILL 647 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 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Brosnahan, SENATE BILL 677 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:
59 [May 16, 2001] 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Jerry Mitchell, SENATE BILL 824 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 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. On motion of Representative Bost, SENATE BILL 826 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 12) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Ryder, SENATE BILL 825 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 13) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Black, SENATE BILL 827 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, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative O'Connor, SENATE BILL 830 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 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Myers, SENATE BILL 831 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 16) This bill, having received the votes of a constitutional majority
[May 16, 2001] 60 of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Moore, SENATE BILL 856 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 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Bill Mitchell, SENATE BILL 857 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 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Myers, SENATE BILL 874 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 19) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Winkel, SENATE BILL 881 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 20) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Durkin, SENATE BILL 882 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 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Erwin, SENATE BILL 914 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 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Black, SENATE BILL 931 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
61 [May 16, 2001] the affirmative by the following vote: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 23) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Poe, SENATE BILL 935 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 24) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative McCarthy, SENATE BILL 1058 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 1, Nays; 3, Answering Present. (ROLL CALL 25) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Coulson, SENATE BILL 1150 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 26) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Ryder, SENATE BILL 1190 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; 50, Nays; 3, Answering Present. (ROLL CALL 27) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Mendoza, SENATE BILL 1505 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affiramtive by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 28) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RECALLS By unanimous consent, on motion of Representative Wirsing, SENATE BILL 406 was recalled from the order of Third Reading to the order of Second Reading and held on that order.
[May 16, 2001] 62 SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hoffman, SENATE BILL 174 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: 61, Yeas; 52, Nays; 2, Answering Present. (ROLL CALL 29) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILLS 78, 598, 835, 836, 837, 838, 840, 842, 868 and 1109. SENATE BILL 101. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Cities & Villages, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 101 AMENDMENT NO. 1. Amend Senate Bill 101 on page 2, by replacing lines 9 through 13 with the following: "(A) under $25,000
63 [May 16, 2001] Sec. 13a. (a) The Department shall be responsible for coordinating the establishment of local Transition Planning Committees. Members of the committees shall consist of representatives from special education; vocational and regular education; post-secondary education; parents of youth with disabilities; persons with disabilities; local business or industry; the Department of Human Services; public and private adult service providers; case coordination; and other consumer, school, and adult services as appropriate. The Committee shall elect a chair and shall meet at least quarterly. Each Transition Planning Committee shall: (1) identify current transition services, programs, and funding sources provided within the community for secondary and post-secondary aged youth with disabilities and their families as well as the development of strategies to address unmet needs; (2) facilitate the development of transition interagency teams to address present and future transition needs of individual students on their individual education plans; (3) develop a mission statement that emphasizes the goals of integration and participation in all aspects of community life for persons with disabilities; (4) provide for the exchange of information such as appropriate data, effectiveness studies, special projects, exemplary programs, and creative funding of programs; (5) develop consumer in-service and awareness training programs in the local community; and (6) assist in staff training for individual transition planning and student transition needs assessment. (b) Each Transition Planning Committee shall select a chair from among its members who shall serve for a term of one year. Each committee shall meet at least quarterly, or at such other times at the call of the chair. (c) Each Transition Planning Committee shall annually prepare and submit to the Interagency Coordinating Council a report
[May 16, 2001] 64 1/2 at the individualized education plan
65 [May 16, 2001] selected by that organization. (405 ILCS 80/10-10 new) Sec. 10-10. Task force's duties. (a) The task force shall review, assess, and develop recommendations and an implementation plan to address the following issues: (1) Identification of State-specific barriers that prevent persons with disabilities from enjoying the same employment level as persons without those disabilities. (2) Identification of strategies that create parity in the unemployment rate between persons with disabilities and persons without those disabilities. (3) Identification of issues that impede the training, hiring, and retention of personal care assistants to help persons with disabilities remain in their own homes and obtain employment both in and outside their homes. (4) Identification of models or strategies that foster shared arrangements between persons with disabilities in terms of personal care assistance and shared housing. (b) In identifying the issues set forth in subsection (a), especially concerning the retention of personal care assistants and direct care workers for individuals with developmental disabilities, the task force shall employ methods that include a review of other states' practices and experiences in developing financial and non-financial incentives that would reduce Illinois' high employment turnover rate of personal assistants for persons with disabilities. These incentives may include, but need not be limited to, forgiveness of student loans, implementation of a benefits program, and the offering of community-college-level courses. (c) The task force shall report its findings and recommendations to the Governor and the General Assembly 6 months after the date that the task force is formed. (405 ILCS 80/10-15 new) Sec. 10-15. High school students; transition study. (a) The task force shall do the following: (1) Conduct a longitudinal study of the outcomes that secondary education programs have for students with disabilities after exiting the secondary school environment. (2) Identify gaps in services that may exist for students with disabilities transitioning out of their secondary education. (3) Identify strategies to narrow any gaps in services that may exist. (b) The task force shall designate the staff who are to conduct the study under subdivision (a)(1). Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 873. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 873 AMENDMENT NO. 1. Amend Senate Bill 873 by replacing everything after the enacting clause with the following: "Section 5. The University of Illinois Act is amended by changing Section 7 as follows: (110 ILCS 305/7) (from Ch. 144, par. 28) Sec. 7. Powers of trustees. (a) The trustees shall have power to provide for the requisite
[May 16, 2001] 66 buildings, apparatus, and conveniences; to fix the rates for tuition; to appoint such professors and instructors, and to establish and provide for the management of such model farms, model art, and other departments and professorships, as may be required to teach, in the most thorough manner, such branches of learning as are related to agriculture and the mechanic arts, and military tactics, without excluding other scientific and classical studies. The trustees shall, upon the written request of an employee withhold from the compensation of that employee any dues, payments or contributions payable by such employee to any labor organization as defined in the Illinois Educational Labor Relations Act. Under such arrangement, an amount shall be withheld from each regular payroll period which is equal to the pro rata share of the annual dues plus any payments or contributions, and the trustees shall transmit such withholdings to the specified labor organization within 10 working days from the time of the withholding. They may accept the endowments and voluntary professorships or departments in the University, from any person or persons or corporations who may offer the same, and, at any regular meeting of the board, may prescribe rules and regulations in relation to such endowments and declare on what general principles they may be admitted: Provided, that such special voluntary endowments or professorships shall not be incompatible with the true design and scope of the act of congress, or of this Act: Provided, that no student shall at any time be allowed to remain in or about the University in idleness, or without full mental or industrial occupation: And provided further, that the trustees, in the exercise of any of the powers conferred by this Act, shall not create any liability or indebtedness in excess of the funds in the hands of the treasurer of the University at the time of creating such liability or indebtedness, and which may be specially and properly applied to the payment of the same. Any lease to the trustees of lands, buildings or facilities which will support scientific research and development in such areas as high technology, super computing, microelectronics, biotechnology, robotics, physics and engineering shall be for a term not to exceed 18 years, and may grant to the trustees the option to purchase the lands, buildings or facilities. The lease shall recite that it is subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent payable under the terms of the lease. Leases for the purposes described herein exceeding 5 years shall have the approval of the Illinois Board of Higher Education. The Board of Trustees may, directly or in cooperation with other institutions of higher education, acquire by purchase or lease or otherwise, and construct, enlarge, improve, equip, complete, operate, control and manage medical research and high technology parks, together with the necessary lands, buildings, facilities, equipment and personal property therefor, to encourage and facilitate (a) the location and development of business and industry in the State of Illinois, and (b) the increased application and development of technology and (c) the improvement and development of the State's economy. The Board of Trustees may lease to nonprofit corporations all or any part of the land, buildings, facilities, equipment or other property included in a medical research and high technology park upon such terms and conditions as the University of Illinois may deem advisable and enter into any contract or agreement with such nonprofit corporations as may be necessary or suitable for the construction, financing, operation and maintenance and management of any such park; and may lease to any person, firm, partnership or corporation, either public or private, any part or all of the land, building, facilities, equipment or other property of such park for such purposes and upon such rentals, terms and conditions as the University may deem advisable; and may finance all or part of the cost of any such park, including the purchase, lease, construction, reconstruction, improvement, remodeling, addition to, and extension and maintenance of all or part of such high technology park, and all equipment and furnishings, by legislative appropriations, government grants, contracts, private gifts, loans,
67 [May 16, 2001] receipts from the operation of such high technology park, rentals and similar receipts; and may make its other facilities and services available to tenants or other occupants of any such park at rates which are reasonable and appropriate. The Trustees shall have power (a) to purchase real property and easements, and (b) to acquire real property and easements in the manner provided by law for the exercise of the right of eminent domain, and in the event negotiations for the acquisition of real property or easements for making any improvement which the Trustees are authorized to make shall have proven unsuccessful and the Trustees shall have by resolution adopted a schedule or plan of operation for the execution of the project and therein made a finding that it is necessary to take such property or easements immediately or at some specified later date in order to comply with the schedule, the Trustees may acquire such property or easements in the same manner provided in Sections 7-103 through 7-112 of the Code of Civil Procedure. The Board of Trustees also shall have power to agree with the State's Attorney of the county in which any properties of the Board are located to pay for services rendered by the various taxing districts for the years 1944 through 1949 and to pay annually for services rendered thereafter by such district such sums as may be determined by the Board upon properties used solely for income producing purposes, title to which is held by said Board of Trustees, upon properties leased to members of the staff of the University of Illinois, title to which is held in trust for said Board of Trustees and upon properties leased to for-profit entities the title to which properties is held by the Board of Trustees. A certified copy of any such agreement made with the State's Attorney shall be filed with the County Clerk and such sums shall be distributed to the respective taxing districts by the County Collector in such proportions that each taxing district will receive therefrom such proportion as the tax rate of such taxing district bears to the total tax rate that would be levied against such properties if they were not exempt from taxation under the Property Tax Code. The Board of Trustees of the University of Illinois, subject to the applicable civil service law, may appoint persons to be members of the University of Illinois Police Department. Members of the Police Department shall be peace officers and as such have all powers possessed by policemen in cities, and sheriffs, including the power to make arrests on view or warrants of violations of state statutes and city or county ordinances, except that they may exercise such powers only in counties wherein the University and any of its branches or properties are located when such is required for the protection of university properties and interests, and its students and personnel, and otherwise, within such counties, when requested by appropriate state or local law enforcement officials; provided, however, that such officer shall have no power to serve and execute civil processes. The Board of Trustees must authorize to each member of the University of Illinois Police Department and to any other employee of the University of Illinois exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the University of Illinois and (ii) contains a unique identifying number. No other badge shall be authorized by the University of Illinois. The Board of Trustees may own, operate, or govern, by or through the College of Medicine at Peoria, a managed care community network established under subsection (b)
[May 16, 2001] 68 beneficial to, useful for, or supportive of University purposes, the Board of Trustees of the University of Illinois may exercise the following powers with regard to the area located on or adjacent to the University of Illinois at Chicago campus and bounded as follows: on the West by Morgan Street; on the North by Roosevelt Road; on the East by Union Street; and on the South by 16th Street, in the City of Chicago: (1) Acquire any interests in land, buildings, or facilities by purchase, including installments payable over a period allowed by law, by lease over a term of such duration as the Board of Trustees shall determine, or by exercise of the power of eminent domain; (2) Sub-lease or contract to purchase through installments all or any portion of buildings or facilities for such duration and on such terms as the Board of Trustees shall determine, including a term that exceeds 5 years, provided that each such lease or purchase contract shall be and shall recite that it is subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent or purchase installments payable under the terms of such lease or purchase contract; and (3) Sell property without compliance with the State Property Control Act and retain proceeds in the University Treasury in a special, separate development fund account which the Auditor General shall examine to assure compliance with this Act. Any buildings or facilities to be developed on the land shall be buildings or facilities that, in the determination of the Board of Trustees, in whole or in part: (i) are for use by the University; or (ii) otherwise advance the interests of the University, including, by way of example, residential facilities for University staff and students and commercial facilities which provide services needed by the University community. Revenues from the development fund account may be withdrawn by the University for the purpose of demolition and the processes associated with demolition; routine land and property acquisition; extension of utilities; streetscape work; landscape work; surface and structure parking; sidewalks, recreational paths, and street construction; and lease and lease purchase arrangements and the professional services associated with the planning and development of the area. Moneys from the development fund account used for any other purpose must be deposited into and appropriated from the General Revenue Fund. Buildings or facilities leased to an entity or person other than the University shall not be subject to any limitations applicable to a State supported college or university under any law. All development on the land and all use of any buildings or facilities shall be subject to the control and approval of the Board of Trustees. (Source: P.A. 90-730, eff. 8-10-98; 91-883, eff. 1-1-01.) Section 10. The Southern Illinois University Management Act is amended by changing Section 8 as follows: (110 ILCS 520/8) (from Ch. 144, par. 658) Sec. 8. Powers and Duties of the Board. The Board shall have power and it shall be its duty: 1. To make rules, regulations and by-laws, not inconsistent with law, for the government and management of Southern Illinois University and its branches; 2. To employ, and, for good cause, to remove a president of Southern Illinois University, and all necessary deans, professors, associate professors, assistant professors, instructors, and other educational and administrative assistants, and all other necessary employees, and contract with them upon matters relating to tenure, salaries and retirement benefits in accordance with the State Universities Civil Service Act; the Board shall, upon the written request of an employee of Southern Illinois University, withhold from the compensation of that employee any dues, payments or contributions payable by such employee to any labor organization as defined in the Illinois Educational Labor Relations Act. Under such arrangement, an amount shall be withheld from each regular payroll period which is equal to the pro rata share of the annual dues plus
69 [May 16, 2001] any payments or contributions, and the Board shall transmit such withholdings to the specified labor organization within 10 working days from the time of the withholding. Whenever the Board establishes a search committee to fill the position of president of Southern Illinois University, there shall be minority representation, including women, on that search committee; 3. To prescribe the course of study to be followed, and textbooks and apparatus to be used at Southern Illinois University; 4. To issue upon the recommendation of the faculty, diplomas to such persons as have satisfactorily completed the required studies of Southern Illinois University, and confer such professional and literary degrees as are usually conferred by other institutions of like character for similar or equivalent courses of study, or such as the Board may deem appropriate; 5. To examine into the conditions, management, and administration of Southern Illinois University, to provide the requisite buildings, apparatus, equipment and auxiliary enterprises, and to fix and collect matriculation fees; tuition fees; fees for student activities; fees for student facilities such as student union buildings or field houses or stadium or other recreational facilities; student welfare fees; laboratory fees and similar fees for supplies and material; 6. To succeed to and to administer all trusts, trust property, and gifts now or hereafter belonging or pertaining to Southern Illinois University; 7. To accept endowments of professorships or departments in the University from any person who may proffer them and, at regular meetings, to prescribe rules and regulations in relation to endowments and declare on what general principles they may be accepted; 8. To enter into contracts with the Federal government for providing courses of instruction and other services at Southern Illinois University for persons serving in or with the military or naval forces of the United States, and to provide such courses of instruction and other services; 9. To provide for the receipt and expenditures of Federal funds, paid to the Southern Illinois University by the Federal government for instruction and other services for persons serving in or with the military or naval forces of the United States and to provide for audits of such funds; 10. To appoint, subject to the applicable civil service law, persons to be members of the Southern Illinois University Police Department. Members of the Police Department shall be conservators of the peace and as such have all powers possessed by policemen in cities, and sheriffs, including the power to make arrests on view or warrants of violations of state statutes, university rules and regulations and city or county ordinances, except that they may exercise such powers only within counties wherein the university and any of its branches or properties are located when such is required for the protection of university properties and interests, and its students and personnel, and otherwise, within such counties, when requested by appropriate State or local law enforcement officials. However, such officers shall have no power to serve and execute civil processes. The Board must authorize to each member of the Southern Illinois University Police Department and to any other employee of Southern Illinois University exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by Southern Illinois University and (ii) contains a unique identifying number. No other badge shall be authorized by Southern Illinois University. 11. To administer a plan or plans established by the clinical faculty of the School of Medicine for the billing, collection and disbursement of charges made by individual faculty members for professional services performed by them in the course of or in support of their academic responsibilities, provided that such plan
[May 16, 2001] 70 has been first approved by Board action. All such collections shall be deposited into a special fund or funds administered by the Board from which disbursements may be made according to the provisions of said plan. The reasonable costs incurred, by the University, administering the billing, collection and disbursement provisions of a plan shall have first priority for payment before distribution or disbursement for any other purpose. Charges established pursuant to this plan must be itemized in any billing and any amounts collected which are not used to off-set the cost of operating or maintaining the activity which generated the funds collected, must be accounted for separately. This accounting must clearly show the use and application made of the funds and the Board shall report such accountings for the previous fiscal year to the Legislative Audit Commission annually by December 31 of each fiscal year. The Board of Trustees may own, operate, or govern, by or through the School of Medicine, a managed care community network established under subsection (b)
71 [May 16, 2001] or at a residence of the insured. (b) This Article does not apply to policies of accident and health insurance issued in compliance with Article XIXB of this Code. (c) A policy issued and delivered in this State that provides coverage under that policy for certificate holders who are neither residents of nor employed in this State does not need to provide to those nonresident certificate holders who are not employed in this State the coverages or services mandated by this Article. (d) Stop-loss insurance is exempt from all Sections of this Article, except this Section and Sections 353a, 354, 357.30, and 370. For purposes of this exemption, stop-loss insurance is further defined as follows: (1) The policy must be issued to and insure an employer, trustee, or other sponsor of the plan, or the plan itself, but not employees, members, or participants. (2) Payments by the insurer must be made to the employer, trustee, or other sponsors of the plan, or the plan itself, but not to the employees, members, participants, or health care providers. (e) A policy issued or delivered in this State to the Illinois Department of Public Aid and providing coverage, under clause (b) of Class 1 or clause (a) of Class 2 as described in Section 4, to persons who are enrolled
[May 16, 2001] 72 Act, on a per capita prepaid basis, through insurance or otherwise. A "health care plan" also includes any arrangement whereby an organization undertakes to provide or arrange for or pay for or reimburse the cost of any health care service for persons who are enrolled
73 [May 16, 2001] care plan, with the remainder of the cost being paid by the corporate affiliate which is the employer of the participants in the plan. This Act shall not apply to the establishment and operation of a Health Maintenance Organization exclusively providing or arranging health care services under contract with the State to persons committed to the custody of the Illinois Department of Corrections.
[May 16, 2001] 74 audited by an independent certified public accountant but those of the applicant are not, then a copy of the most recent audited financial statement of the applicant's parent, attached to which shall be consolidating financial statements of the parent including separate unaudited financial statements of the applicant, unless the Director determines that additional or more recent financial information is required for the proper administration of this Act; (11) A copy of the applicant's financial plan, including a three-year projection of anticipated operating results, a statement of the sources of working capital, and any other sources of funding and provisions for contingencies; (12) A description of rate methodology; (13) A description of the proposed method of marketing; (14) A copy of every filing made with the Illinois Secretary of State which relates to the applicant's registered agent or registered office; (15) A description of the complaint procedures to be established and maintained as required under Section 4-6 of this Act; (16) A description, in accordance with regulations promulgated by the Illinois Department of Public Health, of the quality assessment and utilization review procedures to be utilized by the applicant; (17) The fee for filing an application for issuance of a certificate of authority provided in Section 408 of the Illinois Insurance Code, as now or hereafter amended; and (18) Such other information as the Director may reasonably require to make the determinations required by this Act. (Source: P.A. 90-618, eff. 7-10-98.) (215 ILCS 125/6-3) (from Ch. 111 1/2, par. 1418.3) Sec. 6-3. Scope. This Article applies to direct individual contracts, group contracts and certificates issued thereunder, or any other evidence of coverage, each of which provides for coverage under a health care plan, and has been issued by organizations licensed to transact health maintenance organization business in this State under the Health Maintenance Organization Act, but not to any business of such organization not transacted under its health maintenance organization certificate of authority.
75 [May 16, 2001] the control of a hospital located in a federally designated health manpower shortage area, or (4) such other standards as established, by rule, by the Board. "Community" shall be defined as a metropolitan area for a city, and a county for a rural area. In addition, the following provisions must be met to be exempt under this Section: (1) Individuals who are not in a position to refer patients to an entity are given a bona fide opportunity to also invest in the entity on the same terms as those offered a referring health care worker; and (2) No health care worker who invests shall be required or encouraged to make referrals to the entity or otherwise generate business as a condition of becoming or remaining an investor; and (3) The entity shall market or furnish its services to referring health care worker investors and other investors on equal terms; and (4) The entity shall not loan funds or guarantee any loans for health care workers who are in a position to refer to an entity; and (5) The income on the health care worker's investment shall be tied to the health care worker's equity in the facility rather than to the volume of referrals made; and (6) Any investment contract between the entity and the health care worker shall not include any covenant or non-competition clause that prevents a health care worker from investing in other entities; and (7) When making a referral, a health care worker must disclose his investment interest in an entity to the patient being referred to such entity. If alternative facilities are reasonably available, the health care worker must provide the patient with a list of alternative facilities. The health care worker shall inform the patient that they have the option to use an alternative facility other than one in which the health care worker has an investment interest and the patient will not be treated differently by the health care worker if the patient chooses to use another entity. This shall be applicable to all health care worker investors, including those who provide direct care or services for their patients in entities outside their office practices; and (8) If a third party payor requests information with regard to a health care worker's investment interest, the same shall be disclosed; and (9) The entity shall establish an internal utilization review program to ensure that investing health care workers provided appropriate or necessary utilization; and (10) If a health care worker's financial interest in an entity is incompatible with a referred patient's interest, the health care worker shall make alternative arrangements for the patient's care. The Board shall make such a determination for a health care worker within 90 days of a completed written request. Failure to make such a determination within the 90 day time frame shall mean that no alternative is practical based upon the facts set forth in the completed written request. (c) It shall not be a violation of this Act for a health care worker to refer a patient for health services to a publicly traded entity in which he or she has an investment interest provided that: (1) the entity is listed for trading on the New York Stock Exchange or on the American Stock Exchange, or is a national market system security traded under an automated inter-dealer quotation system operated by the National Association of Securities Dealers; and (2) the entity had, at the end of the corporation's most recent fiscal year, total net assets of at least $30,000,000 related to the furnishing of health services; and (3) any investment interest obtained after the effective date of this Act is traded on the exchanges listed in paragraph 1 of subsection (c) of this Section after the entity became a publicly
[May 16, 2001] 76 traded corporation; and (4) the entity markets or furnishes its services to referring health care worker investors and other health care workers on equal terms; and (5) all stock held in such publicly traded companies, including stock held in the predecessor privately held company, shall be of one class without preferential treatment as to status or remuneration; and (6) the entity does not loan funds or guarantee any loans for health care workers who are in a position to be referred to an entity; and (7) the income on the health care worker's investment is tied to the health care worker's equity in the entity rather than to the volume of referrals made; and (8) the investment interest does not exceed 1/2 of 1% of the entity's total equity. (d) Any hospital licensed under the Hospital Licensing Act shall not discriminate against or otherwise penalize a health care worker for compliance with this Act. (e) Any health care worker or other entity shall not enter into an arrangement or scheme seeking to make referrals to another health care worker or entity based upon the condition that the health care worker or entity will make referrals with an intent to evade the prohibitions of this Act by inducing patient referrals which would be prohibited by this Section if the health care worker or entity made the referral directly. (f) If compliance with the need and alternative investor criteria is not practical, the health care worker shall identify to the patient reasonably available alternative facilities. The Board shall, by rule, designate when compliance is "not practical". (g) Health care workers may request from the Board that it render an advisory opinion that a referral to an existing or proposed entity under specified circumstances does or does not violate the provisions of this Act. The Board's opinion shall be presumptively correct. Failure to render such an advisory opinion within 90 days of a completed written request pursuant to this Section shall create a rebuttable presumption that a referral described in the completed written request is not or will not be a violation of this Act. (h) Notwithstanding any provision of this Act to the contrary, a health care worker may refer a patient, who is a member of a health maintenance organization "HMO" licensed in this State, for health services to an entity, outside the health care worker's office or group practice, in which the health care worker is an investor, provided that any such referral is made pursuant to a contract with the HMO. Furthermore, notwithstanding any provision of this Act to the contrary, a health care worker may refer an enrollee of a "managed care community network", as defined in subsection (b) of Section 5-11
77 [May 16, 2001] Department of Mental Health and Developmental Disabilities will be responsible for administering or supervising all programs for services to persons in community care facilities for persons with developmental disabilities, including but not limited to intermediate care facilities, that are supported by State funds or by funding under Title XIX of the federal Social Security Act. The responsibilities of the Department of Mental Health and Developmental Disabilities under these agreements are transferred to the Department of Human Services as provided in the Department of Human Services Act. The Department may also contract with such State health and rehabilitation agencies and other public or private health care and rehabilitation organizations to act for it in supplying designated medical services to persons eligible therefor under this Article. Any contracts with health services or health maintenance organizations shall be restricted to organizations which have been certified as being in compliance with standards promulgated pursuant to the laws of this State governing the establishment and operation of health services or health maintenance organizations. The Department may also contract with insurance companies or other corporate entities serving as fiscal intermediaries in this State for the Federal Government in respect to Medicare payments under Title XVIII of the Federal Social Security Act to act for the Department in paying medical care suppliers. The provisions of Section 9 of "An Act in relation to State finance", approved June 10, 1919, as amended, notwithstanding, such contracts with State agencies, other health care and rehabilitation organizations, or fiscal intermediaries may provide for advance payments. (b) For purposes of this subsection (b), "managed care community network" means an entity, other than a health maintenance organization, that is owned, operated, or governed by providers of health care services within this State and that provides or arranges primary, secondary, and tertiary managed health care services under contract with the Illinois Department exclusively to persons participating in programs administered by the Illinois Department. The Illinois Department may certify managed care community networks, including managed care community networks owned, operated, managed, or governed by State-funded medical schools, as risk-bearing entities eligible to contract with the Illinois Department as Medicaid managed care organizations. The Illinois Department may contract with those managed care community networks to furnish health care services to or arrange those services for individuals participating in programs administered by the Illinois Department. The rates for those provider-sponsored organizations may be determined on a prepaid, capitated basis. A managed care community network may choose to contract with the Illinois Department to provide only pediatric health care services. The Illinois Department shall by rule adopt the criteria, standards, and procedures by which a managed care community network may be permitted to contract with the Illinois Department and shall consult with the Department of Insurance in adopting these rules. A county provider as defined in Section 15-1 of this Code may contract with the Illinois Department to provide primary, secondary, or tertiary managed health care services as a managed care community network without the need to establish a separate entity and shall be deemed a managed care community network for purposes of this Code only to the extent it provides services to participating individuals. A county provider is entitled to contract with the Illinois Department with respect to any contracting region located in whole or in part within the county. A county provider is not required to accept enrollees who do not reside within the county. In order to (i) accelerate and facilitate the development of integrated health care in contracting areas outside counties with populations in excess of 3,000,000 and counties adjacent to those counties and (ii) maintain and sustain the high quality of education and residency programs coordinated and associated with local area hospitals, the Illinois Department may develop and implement a demonstration program from managed care community networks owned,
[May 16, 2001] 78 operated, managed, or governed by State-funded medical schools. The Illinois Department shall prescribe by rule the criteria, standards, and procedures for effecting this demonstration program. A managed care community network that contracts with the Illinois Department to furnish health care services to or arrange those services for enrollees participating in programs administered by the Illinois Department shall do all of the following: (1) Provide that any provider affiliated with the managed care community network may also provide services on a fee-for-service basis to Illinois Department clients not enrolled in such managed care entities. (2) Provide client education services as determined and approved by the Illinois Department, including but not limited to (i) education regarding appropriate utilization of health care services in a managed care system, (ii) written disclosure of treatment policies and restrictions or limitations on health services, including, but not limited to, physical services, clinical laboratory tests, hospital and surgical procedures, prescription drugs and biologics, and radiological examinations, and (iii) written notice that the enrollee may receive from another provider those covered services that are not provided by the managed care community network. (3) Provide that enrollees within the system may choose the site for provision of services and the panel of health care providers. (4) Not discriminate in enrollment or disenrollment practices among recipients of medical services or enrollees based on health status. (5) Provide a quality assurance and utilization review program that meets the requirements established by the Illinois Department in rules that incorporate those standards set forth in the Health Maintenance Organization Act. (6) Issue a managed care community network identification card to each enrollee upon enrollment. The card must contain all of the following: (A) The enrollee's health plan. (B) The name and telephone number of the enrollee's primary care physician or the site for receiving primary care services. (C) A telephone number to be used to confirm eligibility for benefits and authorization for services that is available 24 hours per day, 7 days per week. (7) Ensure that every primary care physician and pharmacy in the managed care community network meets the standards established by the Illinois Department for accessibility and quality of care. The Illinois Department shall arrange for and oversee an evaluation of the standards established under this paragraph (7) and may recommend any necessary changes to these standards. (8) Provide a procedure for handling complaints that meets the requirements established by the Illinois Department in rules that incorporate those standards set forth in the Health Maintenance Organization Act. (9) Maintain, retain, and make available to the Illinois Department records, data, and information, in a uniform manner determined by the Illinois Department, sufficient for the Illinois Department to monitor utilization, accessibility, and quality of care. (10) Provide that the pharmacy formulary used by the managed care community network and its contract providers be no more restrictive than the Illinois Department's pharmaceutical program on the effective date of this amendatory Act of 1998 and as amended after that date. The Illinois Department shall contract with an entity or entities to provide external peer-based quality assurance review for the managed health care programs administered by the Illinois Department. The entity shall be representative of Illinois physicians licensed to
79 [May 16, 2001] practice medicine in all its branches and have statewide geographic representation in all specialities of medical care that are provided in managed health care programs administered by the Illinois Department. The entity may not be a third party payer and shall maintain offices in locations around the State in order to provide service and continuing medical education to physician participants within those managed health care programs administered by the Illinois Department. The review process shall be developed and conducted by Illinois physicians licensed to practice medicine in all its branches. In consultation with the entity, the Illinois Department may contract with other entities for professional peer-based quality assurance review of individual categories of services other than services provided, supervised, or coordinated by physicians licensed to practice medicine in all its branches. The Illinois Department shall establish, by rule, criteria to avoid conflicts of interest in the conduct of quality assurance activities consistent with professional peer-review standards. All quality assurance activities shall be coordinated by the Illinois Department. Each managed care community network must demonstrate its ability to bear the financial risk of serving individuals under this program. The Illinois Department shall by rule adopt standards for assessing the solvency and financial soundness of each managed care community network. Any solvency and financial standards adopted for managed care community networks shall be no more restrictive than the solvency and financial standards adopted under Section 1856(a) of the Social Security Act for provider-sponsored organizations under Part C of Title XVIII of the Social Security Act. The Illinois Department may implement the amendatory changes to this Code made by this amendatory Act of 1998 through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For purposes of that Act, the adoption of rules to implement these changes is deemed an emergency and necessary for the public interest, safety, and welfare. (c) Not later than June 30, 1996, the Illinois Department shall enter into one or more cooperative arrangements with the Department of Public Health for the purpose of developing a single survey for nursing facilities, including but not limited to facilities funded under Title XVIII or Title XIX of the federal Social Security Act or both, which shall be administered and conducted solely by the Department of Public Health. The Departments shall test the single survey process on a pilot basis, with both the Departments of Public Aid and Public Health represented on the consolidated survey team. The pilot will sunset June 30, 1997. After June 30, 1997, unless otherwise determined by the Governor, a single survey shall be implemented by the Department of Public Health which would not preclude staff from the Department of Public Aid from going on-site to nursing facilities to perform necessary audits and reviews which shall not replicate the single State agency survey required by this Act. This Section shall not apply to community or intermediate care facilities for persons with developmental disabilities. (d) Nothing in this Code in any way limits or otherwise impairs the authority or power of the Illinois Department to enter into a negotiated contract pursuant to this Section with a managed care community network or a health maintenance organization, as defined in the Health Maintenance Organization Act, that provides for termination or nonrenewal of the contract without cause, upon notice as provided in the contract, and without a hearing. (Source: P.A. 89-415, eff. 1-1-96; 89-507, eff. 7-1-97; 90-618, eff. 7-10-98.) (305 ILCS 5/5-16.9) Sec. 5-16.9. Woman's health care provider. The medical assistance program is subject to the provisions of Section 356r of the Illinois Insurance Code. The Illinois Department shall adopt rules to implement the requirements of Section 356r of the Illinois Insurance Code in the medical assistance program including managed care components
[May 16, 2001] 80 (Source: P.A. 89-514, eff. 7-17-96.) (305 ILCS 5/5-16.11) Sec. 5-16.11. Uniform standards applied to managed care entities. Any managed care entity providing services under this Code shall use a pharmacy formulary that is no more restrictive than the Illinois Department's pharmaceutical program
81 [May 16, 2001] fraction thereof), except that the annual intergovernmental transfer shall not exceed the total payments made by the Illinois Department to such county provider for hospital services under this Code
[May 16, 2001] 82 Sec. 15-5. Disbursements from the Fund. (a) The monies in the Fund shall be disbursed only as provided in Section 15-2 of this Code and as follows: (1) To pay the county hospitals' inpatient reimbursement rate based on actual costs, trended forward annually by an inflation index and supplemented by teaching, capital, and other direct and indirect costs, according to a State plan approved by the federal government. Effective October 1, 1992, the inpatient reimbursement rate (including any disproportionate or supplemental disproportionate share payments) for hospital services provided by county operated facilities within the County shall be no less than the reimbursement rates in effect on June 1, 1992, except that this minimum shall be adjusted as of July 1, 1992 and each July 1 thereafter by the annual percentage change in the per diem cost of inpatient hospital services as reported in the most recent annual Medicaid cost report. (2) To pay county hospitals and county operated outpatient facilities for outpatient services based on a federally approved methodology to cover the maximum allowable costs per patient visit. Effective October 1, 1992, the outpatient reimbursement rate for outpatient services provided by county hospitals and county operated outpatient facilities shall be no less than the reimbursement rates in effect on June 1, 1992, except that this minimum shall be adjusted as of July 1, 1992 and each July 1 thereafter by the annual percentage change in the per diem cost of inpatient hospital services as reported in the most recent annual Medicaid cost report. (3) To pay the county hospitals' disproportionate share payments as established by the Illinois Department under Section 5-5.02 of this Code. Effective October 1, 1992, the disproportionate share payments for hospital services provided by county operated facilities within the County shall be no less than the reimbursement rates in effect on June 1, 1992, except that this minimum shall be adjusted as of July 1, 1992 and each July 1 thereafter by the annual percentage change in the per diem cost of inpatient hospital services as reported in the most recent annual Medicaid cost report. (3.5) To pay county providers for services provided pursuant to Section 5-11
83 [May 16, 2001] writing to the Hospital Service Procurement Advisory Board and the Health Care Cost Containment Council by October 15, 1992, the terms and conditions of all such initial agreements and, where no such initial agreement has yet been executed with a qualifying county, the Illinois Department's reasons that each such initial agreement has not been executed. Copies and reports of amended agreements following the initial agreements shall likewise be filed by the Illinois Department with the Hospital Service Procurement Advisory Board and the Health Care Cost Containment Council within 30 days following their execution. The foregoing filing obligations of the Illinois Department are informational only, to allow the Board and Council, respectively, to better perform their public roles, except that the Board or Council may, at its discretion, advise the Illinois Department in the case of the failure of the Illinois Department to reach agreement with any qualifying county by the required date. (d) The payments provided for herein are intended to cover services rendered on and after July 1, 1991, and any agreement executed between a qualifying county and the Illinois Department pursuant to this Section may relate back to that date, provided the Illinois Department obtains federal approval. Any changes in payment rates resulting from the provisions of Article 3 of this amendatory Act of 1992 are intended to apply to services rendered on or after October 1, 1992, and any agreement executed between a qualifying county and the Illinois Department pursuant to this Section may be effective as of that date. (e) If one or more hospitals file suit in any court challenging any part of this Article XV, payments to hospitals from the Fund under this Article XV shall be made only to the extent that sufficient monies are available in the Fund and only to the extent that any monies in the Fund are not prohibited from disbursement and may be disbursed under any order of the court. (f) All payments under this Section are contingent upon federal approval of changes to the State plan, if that approval is required. (Source: P.A. 90-618, eff. 7-10-98.) (305 ILCS 5/5-16.3 rep.) Section 31. The Illinois Public Aid Code is amended by repealing Section 5-16.3. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1329. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1329 AMENDMENT NO. 1. Amend Senate Bill 1329 by replacing line 5 with the following: "Act is amended by changing Sections 3.50, 3.55, and 3.155 as follows: (210 ILCS 50/3.50) Sec. 3.50. Emergency Medical Technician (EMT) Licensure. (a) "Emergency Medical Technician-Basic" or "EMT-B" means a person who has successfully completed a course of instruction in basic life support as prescribed by the Department, is currently licensed by the Department in accordance with standards prescribed by this Act and rules adopted by the Department pursuant to this Act, and practices within an EMS System. (b) "Emergency Medical Technician-Intermediate" or "EMT-I" means a person who has successfully completed a course of instruction in intermediate life support as prescribed by the Department, is currently
[May 16, 2001] 84 licensed by the Department in accordance with standards prescribed by this Act and rules adopted by the Department pursuant to this Act, and practices within an Intermediate or Advanced Life Support EMS System. (c) "Emergency Medical Technician-Paramedic" or "EMT-P" means a person who has successfully completed a course of instruction in advanced life support care as prescribed by the Department, is licensed by the Department in accordance with standards prescribed by this Act and rules adopted by the Department pursuant to this Act, and practices within an Advanced Life Support EMS System. (d) The Department shall have the authority and responsibility to: (1) Prescribe education and training requirements, which includes training in the use of epinephrine, for all levels of EMT, based on the respective national curricula of the United States Department of Transportation and any modifications to such curricula specified by the Department through rules adopted pursuant to this Act; (2) Prescribe licensure testing requirements for all levels of EMT, which shall include a requirement that all phases of instruction, training, and field experience be completed before taking the EMT licensure examination. Candidates may elect to take the National Registry of Emergency Medical Technicians examination in lieu of the Department's examination, but are responsible for making their own arrangements for taking the National Registry examination; (3) License individuals as an EMT-B, EMT-I, or EMT-P who have met the Department's education, training and testing requirements; (4) Prescribe annual continuing education and relicensure requirements for all levels of EMT; (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P every 4 years, based on their compliance with continuing education and relicensure requirements; (6) Grant inactive status to any EMT who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act; (7) Charge each candidate for EMT a fee to be submitted with an application for a licensure examination; (8) Suspend, revoke, or refuse to renew the license of an EMT, after an opportunity for a hearing, when findings show one or more of the following: (A) The EMT has not met continuing education or relicensure requirements as prescribed by the Department; (B) The EMT has failed to maintain proficiency in the level of skills for which he or she is licensed; (C) The EMT, during the provision of medical services, engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public; (D) The EMT has failed to maintain or has violated standards of performance and conduct as prescribed by the Department in rules adopted pursuant to this Act or his or her EMS System's Program Plan; (E) The EMT is physically impaired to the extent that he or she cannot physically perform the skills and functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations; (F) The EMT is mentally impaired to the extent that he or she cannot exercise the appropriate judgment, skill and safety for performing the functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations; or (G) The EMT has violated this Act or any rule adopted by the Department pursuant to this Act. (e) In the event that any rule of the Department or an EMS Medical Director that requires testing for drug use as a condition for EMT licensure conflicts with or duplicates a provision of a collective bargaining agreement that requires testing for drug use, that rule
85 [May 16, 2001] shall not apply to any person covered by the collective bargaining agreement. (Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.55) Sec. 3.55. Scope of practice. (a) Any person currently licensed as an EMT-B, EMT-I, or EMT-P may perform emergency and non-emergency medical services as defined in this Act, in accordance with his or her level of education, training and licensure, the standards of performance and conduct prescribed by the Department in rules adopted pursuant to this Act, and the requirements of the EMS System in which he or she practices, as contained in the approved Program Plan for that System. (a-5) A person currently approved as a First Responder or licensed as an EMT-B, EMT-I, or EMT-P who has successfully completed a Department approved course in automated defibrillator operation and who is functioning within a Department approved EMS System may utilize such automated defibrillator according to the standards of performance and conduct prescribed by the Department in rules adopted pursuant to this Act and the requirements of the EMS System in which he or she practices, as contained in the approved Program Plan for that System. (a-7) A person currently licensed as an EMT-B, EMT-I, or EMT-P who has successfully completed a Department approved course in the administration of epinephrine, shall be required to carry epinephrine with him or her as part of the EMT medical supplies whenever he or she is performing the duties of an emergency medical technician. (b) A person currently licensed as an EMT-B, EMT-I, or EMT-P may only practice as an EMT or utilize his or her EMT license in pre-hospital or inter-hospital emergency care settings or non-emergency medical transport situations, under the written or verbal direction of the EMS Medical Director. For purposes of this Section, a "pre-hospital emergency care setting" may include a location, that is not a health care facility, which utilizes EMTs to render pre-hospital emergency care prior to the arrival of a transport vehicle. The location shall include communication equipment and all of the portable equipment and drugs appropriate for the EMT's level of care, as required by this Act, rules adopted by the Department pursuant to this Act, and the protocols of the EMS Systems, and shall operate only with the approval and under the direction of the EMS Medical Director. This Section shall not prohibit an EMT-B, EMT-I, or EMT-P from practicing within an emergency department or other health care setting for the purpose of receiving continuing education or training approved by the EMS Medical Director. This Section shall also not prohibit an EMT-B, EMT-I, or EMT-P from seeking credentials other than his or her EMT license and utilizing such credentials to work in emergency departments or other health care settings under the jurisdiction of that employer. (c) A person currently licensed as an EMT-B, EMT-I, or EMT-P may honor Do Not Resuscitate (DNR) orders and powers of attorney for health care only in accordance with rules adopted by the Department pursuant to this Act and protocols of the EMS System in which he or she practices. (d) A student enrolled in a Department approved emergency medical technician program, while fulfilling the clinical training and in-field supervised experience requirements mandated for licensure or approval by the System and the Department, may perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse or a qualified EMT, only when authorized by the EMS Medical Director. (Source: P.A. 89-177, eff. 7-19-95; 90-440, eff. 1-1-98.)"; and on page 2, after line 22, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". Representative Burke offered and withdrew Amendment No. 2.
[May 16, 2001] 86 There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. RESOLUTIONS HOUSE RESOLUTIONS 294, 295, 296, 298, 299, 300, 301, 302, 305, 306, 307, 309 and 310 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. Having been reported out of the Committee on Human Services on May 3, 2001, HOUSE RESOLUTION 168 was taken up for consideration. Representative Younge moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 30) The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Human Services on May 3, 2001, HOUSE RESOLUTION 184 was taken up for consideration. Representative Currie moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 31) The motion prevailed and the Resolution was adopted. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Meyer, SENATE BILL 829 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: 107, Yeas; 8, Nays; 0, Answering Present. (ROLL CALL 32) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. HOUSE BILLS ON SECOND READING HOUSE BILL 1815. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1815 AMENDMENT NO. 1. Amend House Bill 1815 as follows: on page 5, by replacing lines 4 through 22 with the following: "Section 35. Licensure qualifications and fees. (a) Applicants for a license must submit to the Office all of the following: (1) fees as established by the Office; (2) evidence of registration as an Illinois corporation or evidence of compliance with the Assumed Business Name Act; (3) evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups that must
87 [May 16, 2001] include completed operations and environmental impairment; and (4) evidence of compliance with the qualifications and standards established by the Office. (b) The contractor must possess a license from the Office to perform the following types of activity: (1) installation of underground storage tanks; (2) repair of USTs, which shall include retrofitting and installation of cathodic protection systems; (3) decommissioning of USTs including abandonment in place; (4) relining of USTs; (5) tank and piping tightness testing; (6) testing of cathodic protection systems; and (7) any other category established by the Office of the State Fire Marshal. (c) The Office of the Fire Marshal shall adopt rules outlining the minimum amount of training required for personnel engaged in Underground Storage Tank activity regulated under this Act."; and on page 7, by deleting lines 15 through 21; and on page 13, after line 25, by inserting the following: "(g-5) Any person, business, or corporation whose license has been revoked under the provisions of this Act is prohibited, for a period of 2 years from the date of revocation, from owning more than 7 1/2% of a business or corporation licensed under this Act.". "GET AMENDMENT NO. 2 HERE". Floor Amendment No. 3 remained in the Committee on Rules. Representative Saviano offered the following amendments and moved their adoption: AMENDMENT NO. 4 TO HOUSE BILL 1815 AMENDMENT NO. 4. Amend House Bill 1815, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Petroleum Equipment Contractors Licensing Act. Section 5. Definitions. For the purposes of this Act: "Employee" means a licensee or a person who is currently employed by a contractor licensed under this Act whose full or part-time duties include any activity specified in Section 35 of this Act. "Person" means a natural person or any company, corporation, or other business entity. "Petroleum equipment contractor" means a person, company, or corporation that installs, repairs, or removes underground storage tanks. Section 10. Licensure requirement; injunction. Beginning 6 months after the effective date of this Act, no person, firm, association, or corporation shall act as a petroleum equipment contractor or employee, advertise or assume to act as a petroleum equipment contractor or employee, or use any title implying that the person, firm, association, or corporation is engaged in such practice or occupation, unless licensed by the State Fire Marshal. The State Fire Marshal, in the name of the People, through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin a person who has not been issued a license or whose license has been suspended, revoked, or not renewed, from practicing as a petroleum equipment contractor, and, upon the filing of a verified petition, the court, if satisfied by affidavit or otherwise that the person is or has been practicing in violation of this Act, may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings shall be conducted as in other civil cases. If it is established that the defendant has been, or is practicing in violation of this Act, the court may enter a judgment
[May 16, 2001] 88 perpetually enjoining the defendant from any further unlicensed activity. In the case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act. Section 15. Deposit of fees. All fees collected pursuant to this Act shall be deposited into the Fire Prevention Fund. Section 25. Rules; report. The State Fire Marshal shall promulgate rules consistent with the provisions of this Act for the administration and enforcement of this Act and may prescribe forms that shall be issued in connection with the rules promulgated under this Act. The rules shall include standards and criteria for registration, professional conduct, and discipline. Section 30. Investigators. The State Fire Marshal may employ, in conformity with the Personnel Code, the professional, technical, investigative, or clerical help that may be necessary for the enforcement of this Act. Each investigator shall have a minimum of 2 years investigative experience out of the preceding 5 years. An investigator may not hold an active license issued pursuant to this Act or have any fiduciary interest in any business licensed under this Act. This prohibition does not prohibit the investigator from holding stock in a publicly traded business licensed or regulated under this Act, provided that the investigator does not hold more than 5% of the stock of the business. Section 35. Licensure qualifications and fees. (a) Applicants for a license must submit to the Office all of the following: (1) fees as established by the Office; (2) evidence of registration as an Illinois corporation or evidence of compliance with the Assumed Business Name Act; (3) evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups that must include completed operations and environmental impairment; and (4) evidence of compliance with the qualifications and standards established by the Office. (b) The contractor must possess a license from the Office to perform the following types of activity: (1) installation of underground storage tanks; (2) repair of USTs, which shall include retrofitting and installation of cathodic protection systems; (3) decommissioning of USTs including abandonment in place; (4) relining of USTs; (5) tank and piping tightness testing; (6) testing of cathodic protection systems; and (7) any other category established by the Office of the State Fire Marshal. (c) The Office of the Fire Marshal shall adopt rules outlining the minimum amount of training required for personnel engaged in Underground Storage Tank activity regulated under this Act. Section 40. Application. Each application for a license to practice under this Act shall be in writing and signed by the applicant on forms provided by the Office of the State Fire Marshal. Section 45. Issuance of license; renewal. (a) The State Fire Marshal shall, upon the applicant's satisfactory completion of the requirements authorized under this Act, and upon receipt of the requisite fees, issue the appropriate license and wallet card showing the name and business location of the licensee, the dates of issuance and expiration, and shall contain a photograph of the licensee provided to the State Fire Marshal. (b) Each licensee may apply for renewal of his or her license upon payment of the requisite fee. The expiration date and renewal period for each license issued under this Act shall be set by rule. Failure to renew within 60 days of the date shall cause the license to lapse. A lapsed license may not be reinstated until a written application is
89 [May 16, 2001] filed, the renewal fee is paid, and a $50 reinstatement fee is paid. The renewal and reinstatement fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the active duty service. (c) All fees paid pursuant to this Act are non-refundable. Section 50. Returned checks. Any person who on 2 occasions issues or delivers a check or other order to the State Fire Marshal that is not honored by the financial institution upon which it is drawn because of insufficient funds in his or her account, shall pay to the State Fire Marshal, in addition to the amount owing upon the check or other order, a fee of $50. If the check or other order was issued or delivered in payment of a renewal fee and the licensee whose license has lapsed continues to practice without paying the renewal fee and the $50 fee required under this Section, an additional fee of $100 shall be imposed for practicing without a current license. The State Fire Marshal shall notify the licensee whose license has lapsed within 30 days after the discovery by the State Fire Marshal that the licensee is practicing without a current license, that the person is acting as a petroleum equipment contractor or employee, as the case may be, without a license, and the amount due to the State Fire Marshal, which shall include the lapsed renewal fee and all other fees required by this Section. If after the expiration of 30 days from the date of such notification, the licensee whose license has lapsed seeks a current license, he or she shall apply to the State Fire Marshal for reinstatement of the license and pay all fees due to the State Fire Marshal. The State Fire Marshal may establish a fee for the processing of an application for reinstatement of a license that allows the State Fire Marshal to pay all costs and expenses incident to the processing of this application. The State Fire Marshal may waive the fees due under this Section in individual cases where he or she finds that the fees would be unreasonable or unnecessarily burdensome. Section 60. License renewal; display of license; inspection. (a) As a condition of renewal of a license, the State Fire Marshal may require the licensee to report information pertaining to his or her practice that the State Fire Marshal determines to be in the interest of public safety. (b) A licensee shall report a change in home or office address within 10 days. (c) Each licensee shall prominently display his or her license to practice at each place from which the practice is being performed. If more than one location is used, branch office certificates shall be issued upon payment of the fees to be established by the State Fire Marshal. Each employee shall carry on his or her person a wallet card issued by the State Fire Marshal. (d) If a license or certificate is lost, a duplicate shall be issued upon payment of the required fee to be established by the State Fire Marshal. If a licensee wishes to change his or her name, the State Fire Marshal shall issue a license in the new name upon payment of the required fee and upon receipt of satisfactory proof that the change was done in accordance with law. (e) Each licensee shall permit his or her facilities to be inspected by representatives of the Office of the State Fire Marshal. Section 65. Disciplinary actions. Licensees shall be subject to disciplinary action for any of the following: (1) obtaining or renewing a license by the use of fraud or material deception; (2) being professionally incompetent as manifested by poor standards of service; (3) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities; (4) being convicted of a crime that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud, or dishonesty, being convicted in this or another state of any crime that is a felony under the laws
[May 16, 2001] 90 of Illinois or of that state, or being convicted of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust; (5) performing any service in a grossly negligent manner or permitting any licensed employee to perform services in a grossly negligent manner, regardless of whether actual damage or damage to the public is established; (6) being habitual drunk or having a habitual addiction to the use of morphine, cocaine, controlled substances, or other habit-forming drugs; (7) willfully receiving compensation, directly or indirectly, for any professional service not actually rendered; (8) having disciplinary action taken against his or her license in another State; (9) contracting or assisting unlicensed persons to perform services for which a license is required under this Act; (10) permitting the use of his or her license to enable an unlicensed person or agency to operate as a licensee; (11) performing and charging for services without having authorization to do so from the member of the public being served; or (12) failing to comply with any provision of this Act or the rules adopted under this Act. Section 70. Complaints. All complaints concerning violations regarding licensees or unlicensed activity shall be received and logged by the State Fire Marshal. Section 75. Formal charges; hearings. (a) Following the investigative process, the State Fire Marshal may file formal charges against the licensee. The formal charges shall, at a minimum, inform the licensee of the facts that comprise the basis of the charge and that are specific enough to enable the licensee to defend himself or herself. (b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least 30 days before the date of the hearing, which shall be presided over by a hearing officer authorized by the State Fire Marshal. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was sent by certified mail, return receipt requested, to the licensee at the licensee's last known address as listed with the State Fire Marshal. (c) The notice of formal charges shall inform the licensee (i) of the time, date, and place of the hearing; (ii) that the licensee shall appear personally at the hearing and may be represented by counsel; (iii) that the licensee shall have the right to produce witnesses and evidence in his or her behalf and shall have the right to cross-examine witnesses and examine evidence produced against him or her; (iv) that the hearing could result in disciplinary action being taken against his or her license; (v) that rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy; (vi) that a hearing officer authorized by the State Fire Marshal shall preside at the hearing and following the conclusion of the hearing shall make findings of fact, conclusions of law, and recommendations to the State Fire Marshal as to what disciplinary action, if any, should be imposed on the licensee; and (vii) that the State Fire Marshal may continue the hearing. (d) The hearing officer authorized by the State Fire Marshal shall hear the evidence produced in support of the formal charges and any contrary evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall make findings of fact, conclusions of law, and recommendations and submit them to the State Fire Marshal and to all parties to the proceeding. Submission to the licensee shall be considered as having been made if done in a similar fashion as service of the notice of formal charges. Within 20 days after such service, any party to the proceeding may present to the State Fire Marshal a motion, in writing, for a rehearing that specifies the
91 [May 16, 2001] grounds for rehearing. (e) The State Fire Marshal, following the time allowed for filing a motion for rehearing, shall review the hearing officer's findings of fact, conclusions of law, and recommendations and any motions filed subsequent to the findings, conclusions, and recommendations. After reviewing this information, the State Fire Marshal may hear oral arguments, prior to issuing an order. The report of findings of fact, conclusions of law, and recommendations of the hearing officer shall be the basis for the State Fire Marshal's order. If the State Fire Marshal finds that substantial justice was not done, he or she may issue an order in contravention to the findings of fact, conclusions of law, and recommendations of the hearing officer. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act. (f) All proceedings pursuant to this Section are matters of public record and shall be preserved. Section 80. Sanctions. (a) The State Fire Marshal shall impose any of the following sanctions, singly or in combination, when he or she finds that a licensee is guilty of any offense described in Section 65: (1) revocation; (2) suspension for any period of time; (3) reprimand or censure; (4) placement on probationary status and requirement that the licensee submit of any of the following: (A) report regularly to the State Fire Marshal upon matters that are the basis of the probation; (B) continue or renew professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or (C) any other reasonable requirements or restrictions as are proper; (5) refusal to issue, renew, or restore; or (6) revocation of probation that has been granted and imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated. (b) The State Fire Marshal may summarily suspend a license under this Act, without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the State Fire Marshal suspends a license under this subsection, a hearing by the hearing officer designated by the State Fire Marshal shall be held within 20 days after the suspension begins, unless continued at the request of the licensee. (c) Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee. (d) The State Fire Marshal shall reinstate a license to good standing under this Act, upon recommendation to the State Fire Marshal, after a hearing before the hearing officer authorized by the State Fire Marshal. The State Fire Marshal shall be satisfied that the applicant's renewed practice is not contrary to the public interest. (e) The State Fire Marshal may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this Act without having a valid license, certificate, or registration. Any person in violation of a cease and desist order entered by the State Fire Marshal shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation. (f) The State Fire Marshal shall seek to achieve consistency in the application of the foregoing sanctions and consent orders and significant departure from prior decisions involving similar conduct shall be explained in the State Fire Marshal's orders. (g) Upon the suspension or revocation of a license issued under this Act, a licensee shall surrender the license to the State Fire
[May 16, 2001] 92 Marshal and, upon failure to do so, the State Fire Marshal shall seize the same. (g-5) Any person, business, or corporation whose license has been revoked under the provisions of this Act is prohibited, for a period of 2 years from the date of revocation, from owning more than 7 1/2% of a business or corporation licensed under this Act. (h) The State Fire Marshal may refuse to issue or may suspend the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the time that the requirements of any such tax Act are satisfied. Section 85. Depositions; witnesses; judicial review. (a) The State Fire Marshal has the power to subpoena and bring before him or her any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as is prescribed by law for judicial proceedings in civil cases. The State Fire Marshal and the hearing officer approved by the State Fire Marshal have the power to administer oaths at any hearing that the State Fire Marshal is authorized to conduct. (b) A circuit court, upon the application of the licensee or the State Fire Marshal, may order the attendance of witnesses and the production of relevant books and papers in any hearing conducted pursuant to this Act. The court may compel obedience to its order by proceedings for contempt. (c) The State Fire Marshal, at the Office's expense, shall provide a stenographer or a mechanical recording device to record the testimony and preserve a record of all proceedings at the hearing of any case wherein a license may be revoked, suspended, placed on probationary status, or other disciplinary action taken with regard to the license. The notice of hearing, the complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer, and the orders of the State Fire Marshal constitute the record of the proceedings. The State Fire Marshal shall furnish a transcript of the record to any interested person upon payment of the costs of copying and transmitting the record. (d) All final administrative decisions of the State Fire Marshal are subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant thereto. Proceedings for judicial review shall be commenced in the Circuit Court of the county in which the party applying for review resides. If party applying for review is not a resident of Illinois, the venue shall be in Sangamon County. The State Fire Marshal shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the State Fire Marshal acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the cost of preparing such record. Exhibits shall be certified without cost. Failure on the part of the licensee to file the receipt in court shall be grounds for dismissal of the action. During all judicial proceedings incident to disciplinary action, the sanctions imposed upon the accused by the State Fire Marshal shall remain in effect, unless the court feels justice requires a stay of the order. Section 90. Order; prima facie proof. An order or a certified copy of an order, bearing the seal of the State Fire Marshal and purporting to be signed by the State Fire Marshal, is prima facie proof that: (1) the signature is that of the State Fire Marshal; (2) the State Fire Marshal is qualified to act; and (3) the hearing officer is qualified to act on behalf of the State Fire Marshal. Such proof may be rebutted. Section 95. Publication of records. The State Fire Marshal shall,
93 [May 16, 2001] upon request, publish a list of the names and addresses of all licensees under the provisions of this Act. Section 100. Criminal penalties. A person who violates any of the provisions of this Act shall be guilty of a Class A misdemeanor for the first offense and shall be guilty of a Class 4 felony for a second or subsequent offense. Section 105. Home rule. The regulation and licensing of petroleum equipment contractors are exclusive powers and functions of the State. A home rule unit may not regulate or license petroleum equipment contractors. 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. Section 900. The Regulatory Sunset Act is amended by adding Section 4.22 as follows: (5 ILCS 80/4.22 new) Sec. 4.22. Act repealed on January 1, 2012. The following Act is repealed on January 1, 2012: The Petroleum Equipment Contractors Licensing Act. Section 905. The Gasoline Storage Act is amended by changing Sections 2 and 7 as follows: (430 ILCS 15/2) (from Ch. 127 1/2, par. 154) Sec. 2. Jurisdiction; regulation of tanks. (1) (a) Except as otherwise provided in this Act, the jurisdiction of the Office of the State Fire Marshal under this Act shall be concurrent with that of municipalities and other political subdivisions. The Office of the State Fire Marshal has power to promulgate, pursuant to the Illinois Administrative Procedure Act, reasonable rules and regulations governing the keeping, storage, transportation, sale or use of gasoline and volatile oils
[May 16, 2001] 94 motor fuel in the manner described in this paragraph (d) to meet conditions consistent with nationally recognized standards such as those of the National Fire Protection Association, and (iv) that restrict the dispensing of motor vehicle fuels in the manner described in this paragraph (d) to the following: (A) agriculture sites for agricultural purposes, (B) construction sites for refueling construction equipment used at the construction site, (C) sites used for the parking, operation, or maintenance of a commercial vehicle fleet, but only if the site is located in a county with 3,000,000 or more inhabitants or a county contiguous to a county with 3,000,000 or more inhabitants and the site is not normally accessible to the public, and (D) sites used for the refueling of police, fire, or emergency medical services vehicles or other vehicles that are owned, leased, or operated by (or operated under contract with) the State, a unit of local government, or a school district, or any agency of the State and that are not normally accessible to the public. (2) (a) The Office of the State Fire Marshal shall adopt rules and regulations regarding underground storage tanks and associated piping and no municipality or other political subdivision shall adopt or enforce any ordinances or regulations regarding such underground tanks and piping other than those which are identical to the rules and regulations of the Office of the State Fire Marshal. It is declared to be the law of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the establishment and enforcement of standards regarding underground storage tanks and associated piping within the jurisdiction of the Office of the State Fire Marshal is an exclusive State function which may not be exercised concurrently by a home rule unit except as expressly permitted in this Act. (b) The Office of the State Fire Marshal may enter into written contracts with municipalities of over 500,000 in population to enforce the rules and regulations adopted under this subsection. (3) (a) The Office of the State Fire Marshal shall have authority over underground storage tanks which contain, have contained, or are designed to contain petroleum, hazardous substances and regulated substances as those terms are used in Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), as amended by the Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499). The Office shall have the power with regard to underground storage tanks to require any person who tests, installs, repairs, replaces, relines, or removes any underground storage tank system containing, formerly containing, or which is designed to contain petroleum or other regulated substances
95 [May 16, 2001] (ii) The Office of the State Fire Marshal may adopt additional regulations relating to an underground storage tank program that are not inconsistent with and at least as stringent as Section 9003 of Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, or regulations adopted thereunder. Except as provided otherwise in subparagraph (i) of this paragraph (b), the Office of the State Fire Marshal shall not adopt regulations relating to corrective action at underground storage tanks. Regulations adopted pursuant to this subsection shall be adopted in accordance with the procedures for rulemaking in Section 5-35 of the Illinois Administrative Procedure Act. (c) The Office of the State Fire Marshal shall require any person, corporation or other entity who tests an underground tank or its piping or cathodic protection for another
[May 16, 2001] 96 may not be exercised concurrently by a home rule unit except as expressly permitted in this Act. (b) The Office of the State Fire Marshal shall enforce its rules and regulations concerning aboveground storage tanks and associated piping; however, municipalities may enforce any of their zoning ordinances or zoning regulations regarding aboveground tanks. The Office of the State Fire Marshal may issue an administrative order to any owner of an aboveground storage tank and associated piping it reasonably believes to be in violation of such rules and regulations to remedy or remove any such violation. Such an order shall be served by registered or certified mail or in person. Any person served with such an order may appeal such order by submitting in writing any such appeal to the Office within 10 days of the date of receipt of such order. The Office shall conduct an administrative hearing governed by the Illinois Administrative Procedure Act and enter an order to sustain, modify or revoke such order. Any appeal from such order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law. (Source: P.A. 91-851, eff. 1-1-01.) (430 ILCS 15/7) (from Ch. 127 1/2, par. 159) Sec. 7. (a) A violation of: (1) paragraph (a) or (b) of subsection (3) of Section 2 of this Act is a business offense punishable by a fine of not more than $10,000 per day; (2) (blank);
97 [May 16, 2001] The motion prevailed and the amendments were adopted and ordered printed. Floor Amendment No. 6 remained in the Committee on Rules. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative John Turner, HOUSE BILL 2087 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; 16, Nays; 17, Answering Present. (ROLL CALL 33) 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. RECALLS By unanimous consent, on motion of Representative Wait, SENATE BILL 1284 was recalled from the order of Third Reading to the order of Second Reading and held on that order. ACTION ON MOTIONS Representative Currie asked and obtained unanimous consent to suspend the posting requirements so the following House Resolutions and be heard in Committee today and tomorrow: HOUSE RESOLUTIONS 7, 122, 200, 207, 231, 233, 240, 258, 262, 263, 264, 265, 284 and 288: HOUSE JOINT RESOLUTIONS 14, 18, 24, 32, 33, 34 and 40: HOUSE JOINT RESOLUTIONS CONSTITUTIONAL AMENDMENTS 1 and 7. The motion prevailed. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and held on the order of Second Reading: HOUSE BILLS 2326, 3402, 3403, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3422, 3442, 3443, 3444, 3445, 3447, 3448, 3449, 3450, 3451, 3452, 3453, 3454, 3455, 3456, 3458, 3459, 3460, 3461, 3462, 3464, 3465, 3466, 3467, 3468, 3469, 3470, 3474, 3475, 3476, 3477, 3480, 3481, 3482, 3484, 3485, 3487, 3488, 3498, 3499, 3500, 3502, 3503, 3504, 3506, 3507, 3508, 3509, 3513, 3514, 3515, 3516, 3517, 3518, 3519 and 3520. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and held on the order of Second Reading: SENATE BILLS 10, 22, 71, 75, 95, 113, 117, 118, 119, 129, 151, 161, 184, 263, 264, 267, 275, 281, 284, 285, 356, 364, 372, 392, 397, 430, 449, 479, 489, 518, 616, 629, 697, 699, 717, 725, 730, 754, 789, 795, 796, 832, 833, 834, 843, 846, 847, 849, 852, 858, 861, 862, 871, 880, 883, 884, 887, 888, 898, 899, 933, 975, 984, 989, 991, 1033, 1069, 1089, 1171, 1174, 1175, 1177, 1234, 1258, 1259, 1262, 1282, 1283, 1285, 1309, 1348, 1493 and 1504.
[May 16, 2001] 98 At the hour of 4:11 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, May 17, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
99 [May 16, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 16, 2001 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER P BOLAND P GILES P McAULIFFE P SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER P SMITH P BUGIELSKI P HOEFT P MILLER E SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK P MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD P MOFFITT P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY E JONES,SHIRLEY P NOVAK P WINTERS P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
[May 16, 2001] 100 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 76 UNCLAIMED PROPERTY-GIFT CERTS THIRD READING PASSED MAY 16, 2001 88 YEAS 24 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK N GARRETT N MAY N RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN N CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING N DART Y KLINGLER N O'CONNOR N WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND P YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
101 [May 16, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 98 SEAT BELTS-CHILDREN UNDER 16 THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 102 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 170 SCH CD-REG SUP VACANCY-ELECT THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
103 [May 16, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 433 DISSOLUTION-STOCK OPTIONS THIRD READING PASSED MAY 16, 2001 105 YEAS 7 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER P COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS N JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING P DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN P LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 16, 2001] 104 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 435 CD CORR-JAILS-MENTAL-IL THIRD READING PASSED MAY 16, 2001 111 YEAS 4 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
105 [May 16, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 575 SOS SECURITIES THIRD READING PASSED MAY 16, 2001 113 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 106 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 602 VEH CD-RECKLESS HOMICIDE THIRD READING PASSED MAY 16, 2001 97 YEAS 14 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI N FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK N GARRETT N MAY Y RYDER Y BOLAND N GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG N McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS N COLLINS N HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON P MORROW N TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN N MURPHY Y WAIT P CURRIE N JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS P KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK N DAVIS,MONIQUE Y KOSEL Y OSMOND N YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
107 [May 16, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 647 AERONAUTICS-INTOXICATED CREW THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 108 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 677 CNTY CD-STATES ATTORNY-SUBSIDY THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
109 [May 16, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 824 COORDINATE SYSTEM ACT-GEODETIC THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 110 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 826 VEH CD-MOTOR CARRIER SAFETY THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
111 [May 16, 2001] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 825 ST CLAIR TRANSIT DIST-POWERS THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 112 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 827 VEH CD-SUSPEND REGISTRATION THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
113 [May 16, 2001] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 830 STATE POLICE-PROBATIONARY THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 114 NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 831 DEPT AG-COST REIMBURSEMENTS THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
115 [May 16, 2001] NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 856 CIGARETTE TAX-VARIOUS THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 116 NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 857 NON-RESIDENT CONTR BOND ACT THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
117 [May 16, 2001] NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 874 HUNTING-VEHICLES-DISABLED THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 118 NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 881 DNR-ANNUAL CONFERENCE THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
119 [May 16, 2001] NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 882 MEDICAID-VENDORS-TERMINATION THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 120 NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 914 ICCB ADULT EDUCATION FUND THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
121 [May 16, 2001] NO. 23 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 931 SUPREME CT-BUILDING-TECH THIRD READING PASSED MAY 16, 2001 113 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN P MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN A YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 122 NO. 24 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 935 INS DRUG FORMULARY NOTICE THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
123 [May 16, 2001] NO. 25 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1058 PRETRIAL SERVICES-FEES THIRD READING PASSED MAY 16, 2001 111 YEAS 1 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN P FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK P FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY P JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 124 NO. 26 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1150 FOIA-CONTRACTED RESEARCH THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
125 [May 16, 2001] NO. 27 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1190 STATE BOARD OF EDUCATION-TECH THIRD READING PASSED MAY 16, 2001 62 YEAS 50 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO P BASSI N FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS N MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK N GARRETT N MAY Y RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE N SCHOENBERG N BRADY N HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE N BRUNSVOLD Y HASSERT Y MEYER N SMITH Y BUGIELSKI N HOEFT P MILLER E SOMMER Y BURKE N HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK N MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD N MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL Y CURRY E JONES,SHIRLEY N NOVAK N WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING N DART N KLINGLER N O'CONNOR N WOJCIK N DAVIS,MONIQUE N KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ Y PANKAU N ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 16, 2001] 126 NO. 28 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1505 UNINSURED OMBUDSMAN PROGRAM THIRD READING PASSED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
127 [May 16, 2001] NO. 29 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 174 BINGO ACT-OPERATION OF GAME THIRD READING PASSED MAY 16, 2001 61 YEAS 52 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH N PERSICO N BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY N LYONS,EILEEN Y REITZ N BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS N MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK N GARRETT N MAY N RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG N McKEON Y SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT N MEYER Y SMITH Y BUGIELSKI N HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK N MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD N MOFFITT Y STROGER N COULSON N HULTGREN Y MOORE N TENHOUSE N COWLISHAW Y JEFFERSON P MORROW Y TURNER,ART Y CROSS N JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING N DART N KLINGLER N O'CONNOR Y WOJCIK Y DAVIS,MONIQUE N KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ N PANKAU N ZICKUS Y DURKIN Y LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 16, 2001] 128 NO. 30 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 168 WELFARE TO WORK TASK FORCE ADOPTED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
129 [May 16, 2001] NO. 31 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 184 IL DPH-RESEARCH & EVALUATE ADOPTED MAY 16, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 16, 2001] 130 NO. 32 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 829 CD CORR-CRIME LAB FEES THIRD READING PASSED MAY 16, 2001 107 YEAS 8 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
131 [May 16, 2001] NO. 33 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2087 JUV CT-ADULT CRIMINAL PROSECUT THIRD READING PASSED VERIFIED ROLL CALL MAY 16, 2001 77 YEAS 16 NAYS 17 PRESENT Y ACEVEDO N FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI N FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS N FRITCHEY Y MAUTINO Y RYAN Y BLACK P GARRETT P MAY Y RYDER P BOLAND N GILES Y McAULIFFE Y SAVIANO Y BOST A GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY P HAMOS N McGUIRE P SCHOENBERG Y BRADY Y HANNIG N McKEON Y SCULLY Y BROSNAHAN N HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER P SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER A BURKE Y HOFFMAN Y MITCHELL,BILL P SOTO Y CAPPARELLI P HOLBROOK Y MITCHELL,JERRY E STEPHENS N COLLINS P HOWARD Y MOFFITT P STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON N MORROW P TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN N MURPHY Y WAIT P CURRIE N JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS P KENNER P O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK N DAVIS,MONIQUE A KOSEL Y OSMOND P YARBROUGH A DAVIS,STEVE Y KRAUSE A OSTERMAN N YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN P LANG Y PARKE Y MR. SPEAKER N ERWIN Y LAWFER E - Denotes Excused Absence