STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
128TH LEGISLATIVE DAY
TUESDAY, MAY 7, 2002
1:00 O'CLOCK P.M.
NO. 128
[May 7, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 128th Legislative Day Action Page(s) Adjournment........................................ 83 Committee on Rules Referrals....................... 5 Fiscal Note Supplied............................... 5 Letter of Transmittal.............................. 4 Quorum Roll Call................................... 4 State Debt Impact Notes Supplied................... 5 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0136 Senate Message - Passage w/ SA..................... 8 HB 1440 Senate Message - Passage w/ SA..................... 10 HB 3774 Motion Submitted................................... 5 HB 3774 Senate Message - Passage w/ SA..................... 11 HB 4082 Senate Message - Passage w/ SA..................... 13 HB 4118 Senate Message - Passage w/ SA..................... 13 HB 4157 Senate Message - Passage w/ SA..................... 19 HB 4255 Senate Message - Passage w/ SA..................... 22 HB 4321 Senate Message - Passage w/ SA..................... 23 HB 4354 Senate Message - Passage w/ SA..................... 26 HB 4365 Senate Message - Passage w/ SA..................... 26 HB 4407 Senate Message - Passage w/ SA..................... 27 HB 4409 Senate Message - Passage w/ SA..................... 40 HB 4953 Senate Message - Passage w/ SA..................... 51 HB 5278 Senate Message - Passage w/ SA..................... 51 HB 5281 Senate Message - Passage w/ SA..................... 52 HB 5530 Senate Message - Passage w/ SA..................... 53 HB 5616 Senate Message - Passage w/ SA..................... 53 HB 5654 Senate Message - Passage w/ SA..................... 54 HB 5794 Senate Message - Passage w/ SA..................... 54 HB 5844 Senate Message - Passage w/ SA..................... 55 HB 5874 Senate Message - Passage w/ SA..................... 66 HJR 0077 Resolution......................................... 81 HR 0862 Agreed Resolution.................................. 68 HR 0863 Agreed Resolution.................................. 69 HR 0866 Resolution......................................... 79 HR 0867 Agreed Resolution.................................. 70 HR 0868 Agreed Resolution.................................. 70 HR 0869 Resolution......................................... 80 HR 0870 Agreed Resolution.................................. 71 HR 0871 Agreed Resolution.................................. 72 HR 0872 Agreed Resolution.................................. 73 HR 0873 Agreed Resolution.................................. 73 HR 0874 Agreed Resolution.................................. 74 HR 0875 Agreed Resolution.................................. 75 HR 0876 Agreed Resolution.................................. 76 HR 0877 Agreed Resolution.................................. 76 HR 0878 Agreed Resolution.................................. 77 HR 0879 Agreed Resolution.................................. 78 SB 1540 Third Reading...................................... 79 SB 1545 Committee Report-Floor Amendment/s................. 5 SB 1622 Committee Report-Floor Amendment/s................. 5 SB 1622 Committee Report-Floor Amendment/s................. 5 SB 1666 Third Reading...................................... 79 SB 1704 Recall............................................. 78 SB 1756 Third Reading...................................... 79 SB 1777 Third Reading...................................... 79
3 [May 7, 2002] Bill Number Legislative Action Page(s) SB 1795 Third Reading...................................... 79 SB 1798 Third Reading...................................... 82 SB 1859 Third Reading...................................... 82 SB 1880 Committee Report-Floor Amendment/s................. 5 SB 1880 Recall............................................. 82 SB 1930 Committee Report-Floor Amendment/s................. 5 SB 1975 Committee Report-Floor Amendment/s................. 5 SB 1983 Committee Report-Floor Amendment/s................. 5 SB 2024 Committee Report-Floor Amendment/s................. 5
[May 7, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Dale Beutler of the Faith Evangelical Lutheran Church in Palos Heights, Illinois. Representative Franks 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 O'Brien and Stephens were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Lawfer, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Tenhouse replaced Representative Bassi in the Committee on Elementary & Secondary Education on May 1, 2002. Representative Tenhouse replaced Representative Beaubien in the Committee on Executive on May 1, 2002. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 7, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I am extending the Committee and Third Reading Deadlines until Friday, May 17, 2002 for the following Senate Bill: Senate Bill: 251 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and
5 [May 7, 2002] reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 1545. Amendment No. 2 to SENATE BILL 1622. Motion to table Amendment No. 1 to SENATE BILL 1622. Amendment No. 1 to SENATE BILL 1880. Motion to table Amendment No. 2 to SENATE BILL 1930. Motion to table Amendment No. 2 to SENATE BILL 1975. Amendment No. 2 to SENATE BILL 1983. Amendment No. 2 to SENATE BILL 2024. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross A Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture: House Amendment 2 to SENATE BILL 1573. Committee on Conservation & Land Use: HOUSE RESOLUTION 565. Committee on Constitutional Officers: HOUSE JOINT RESOLUTION 75. Committee on Consumer Protection: HOUSE RESOLUTIONS 826 and 841. Committee on Environment & Energy: HOUSE RESOLUTION 843. House Amendment 1 to SENATE BILL 2214. Special Committee on Health Care Availability & Access: House Amendment 2 to SENATE BILL 1849. Committee on Higher Education: HOUSE RESOLUTIONS 807 and 869. Committee on Human Services: HOUSE RESOLUTIONS 852, 854 and 865; SENATE JOINT RESOLUTION 57. Committee on Judiciary II-Criminal Law: SENATE BILL 251. Committee on Labor: HOUSE RESOLUTION 824. Special Committee on Revenue: House Amendment 1 to SENATE BILL 1809. Committee on State Government Administration: HOUSE RESOLUTIONS 833, 850 and 866. Committee on The Disabled Community: HOUSE JOINT RESOLUTION 73. Committee on Tourism: HOUSE JOINT RESOLUTION 77. Committee on Veterans' Affairs: HOUSE RESOLUTION 759. JOINT ACTION MOTIONS SUBMITTED Representative Klingler submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 1 to HOUSE BILL 3774. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 2067, as amended. STATE DEBT IMPACT NOTES SUPPLIED State Debt Impact Notes have been supplied for SENATE BILLS 1849, as amended and 2067, as amended.
[May 7, 2002] 6 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 136 A bill for AN ACT in relation to hate crimes. 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. 2 to HOUSE BILL NO. 136. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 136 by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 12-7.1 and 21-1.2 and adding Section 8-2.1 as follows: (720 ILCS 5/8-2.1 new) Sec. 8-2.1. Conspiracy against civil rights. (a) Offense. A person commits conspiracy against civil rights when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement. (b) Co-conspirators. It shall not be a defense to conspiracy against civil rights that a person or persons with whom the accused is alleged to have conspired: (1) has not been prosecuted or convicted; or (2) has been convicted of a different offense; or (3) is not amenable to justice; or (4) has been acquitted; or (5) lacked the capacity to commit an offense. (c) Sentence. Conspiracy against civil rights is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) Sec. 12-7.1. Hate crime. (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action or disorderly conduct as these crimes are defined in Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this Code, respectively, or harassment by telephone as defined in Section 1-1 of the Harassing and Obscene Communications Act
7 [May 7, 2002]
[May 7, 2002] 8 paragraphs (1), (2) or (3) of this subsection (a); or (5) Any personal property contained in any institution, facility, building, structure or place described in paragraphs (1), (2) or (3) of this subsection (a). (b) Institutional vandalism is a Class 3 felony if the damage to the property does not exceed $300. Institutional vandalism is a Class 2 felony if the damage to the property exceeds $300. Institutional vandalism is a Class 2 felony for any second or subsequent offense. (b-5) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court may also impose any other condition of probation or conditional discharge under this Section. (c) Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians of an unemancipated minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection
9 [May 7, 2002] chairperson of the Board shall be selected by the Governor, with the advice and consent of the Senate, from the membership of the Board to serve as chairperson for 2 years. B. The Board shall determine the qualifications of and appoint, with the advice and consent of the Senate, a chief education officer to be known as the State Superintendent of Education who shall serve at the pleasure of the Board and pursuant to a performance-based contract linked to statewide student performance and academic improvement within Illinois schools. No performance-based contract issued for the employment of the State Superintendent of Education shall be for a term longer than 3 years and no contract shall be extended or renewed prior to its scheduled expiration unless the performance and improvement goals contained in the contract have been met. The State Superintendent of Education shall not serve as a member of the State Board of Education. The Board shall set the compensation of the State Superintendent of Education who shall serve as the Board's chief executive officer. The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. The State Board may not delegate authority under this Section to the State Superintendent to (1) nonrecognize school districts, (2) withhold State payments as a penalty, or (3) make final decisions under the contested case provisions of the Illinois Administrative Procedure Act unless otherwise provided by law. C. The powers and duties of the State Board of Education shall encompass all duties delegated to the Office of Superintendent of Public Instruction on January 12, 1975, except as the law providing for such powers and duties is thereafter amended, and such other powers and duties as the General Assembly shall designate. The Board shall be responsible for the educational policies and guidelines for public schools, pre-school through grade 12 and Vocational Education in the State of Illinois. The Board shall analyze the present and future aims, needs, and requirements of education in the State of Illinois and recommend to the General Assembly the powers which should be exercised by the Board. The Board shall recommend the passage and the legislation necessary to determine the appropriate relationship between the Board and local boards of education and the various State agencies and shall recommend desirable modifications in the laws which affect schools. D. Two members of the Board shall be appointed by the chairperson to serve on a standing joint Education Committee, 2 others shall be appointed from the Board of Higher Education, 2 others shall be appointed by the chairperson of the Illinois Community College Board, and 2 others shall be appointed by the chairperson of the Human Resource Investment Council. The Committee shall be responsible for making recommendations concerning the submission of any workforce development plan or workforce training program required by federal law or under any block grant authority. The Committee will be responsible for developing policy on matters of mutual concern to elementary, secondary and higher education such as Occupational and Career Education, Teacher Preparation and Certification, Educational Finance, Articulation between Elementary, Secondary and Higher Education and Research and Planning. The joint Education Committee shall meet at least quarterly and submit an annual report of its findings, conclusions, and recommendations to the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Human Resource Investment Council, the Governor, and the General Assembly. All meetings of this Committee shall be official meetings for reimbursement under this Act. E. Five members of the Board shall constitute a quorum. A
[May 7, 2002] 10 majority vote of the members appointed, confirmed and serving on the Board is required to approve any action. The Board shall prepare and submit to the General Assembly and the Governor on or before January 14, 1976 and annually thereafter a report or reports of its findings and recommendations. Such annual report shall contain a separate section which provides a critique and analysis of the status of education in Illinois and which identifies its specific problems and recommends express solutions therefor. Such annual report also shall contain the following information for the preceding year ending on June 30: each act or omission of a school district of which the State Board of Education has knowledge as a consequence of scheduled, approved visits and which constituted a failure by the district to comply with applicable State or federal laws or regulations relating to public education, the name of such district, the date or dates on which the State Board of Education notified the school district of such act or omission, and what action, if any, the school district took with respect thereto after being notified thereof by the State Board of Education. The report shall also include the statewide high school dropout rate by grade level, sex and race and the annual student dropout rate of and the number of students who graduate from, transfer from or otherwise leave bilingual programs. The Auditor General shall annually perform a compliance audit of the State Board of Education's performance of the reporting duty imposed by this amendatory Act of 1986. A regular system of communication with other directly related State agencies shall be implemented. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Council, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.) 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 1440 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 3774 A bill for AN ACT in relation to education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3774. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3774 on page 1, lines 6 and 7,
11 [May 7, 2002] by replacing "19b-9, and 19b-10" with "and 19b-9"; and on page 5, line 4, by replacing "10 year" with "20-year
[May 7, 2002] 12 from the date of sale, the certificate amount times 2 times the penalty bid at sale; (3) if the redemption occurs after 12 months from the date of sale and on or before the expiration of 18 months from the date of sale, the certificate amount times 3 times the penalty bid at sale; (4) if the redemption occurs after 18 months from the date of sale and on or before the expiration of 24 months from the date of sale, the certificate amount times 4 times the penalty bid at sale; (5) if the redemption occurs after 24 months from the date of sale and on or before the expiration of 30 months from the date of sale, the certificate amount times 5 times the penalty bid at sale; (6) if the redemption occurs after 30 months from the date of sale and on or before the expiration of 36 months from the date of sale, the certificate amount times 6 times the penalty bid at sale. In the event that the property to be redeemed has been purchased under Section 21-405, the penalty bid shall be 12% per penalty period as set forth in subparagraphs (1) through (6) of this subsection (b). The changes to this subdivision (b)(6) made by this amendatory Act of the 91st General Assembly are not a new enactment, but declaratory of existing law. (c) The total of all taxes, special assessments, accrued interest on those taxes and special assessments and costs charged in connection with the payment of those taxes or special assessments, which have been paid by the tax certificate holder on or after the date those taxes or special assessments became delinquent together with 12% penalty on each amount so paid for each year or portion thereof intervening between the date of that payment and the date of redemption. In counties with less than 3,000,000 inhabitants, however, a tax certificate holder may not pay all or part of an installment of a subsequent tax or special assessment for any year, nor shall any tender of such a payment be accepted, until after the second or final installment of the subsequent tax or special assessment has become delinquent or until after the holder of the certificate of purchase has filed a petition for a tax deed under Section 22.30. The person redeeming shall also pay the amount of interest charged on the subsequent tax or special assessment and paid as a penalty by the tax certificate holder. This amendatory Act of 1995 applies to tax years beginning with the 1995 taxes, payable in 1996, and thereafter. (d) Any amount paid to redeem a forfeiture occurring subsequent to the tax sale together with 12% penalty thereon for each year or portion thereof intervening between the date of the forfeiture redemption and the date of redemption from the sale. (e) Any amount paid by the certificate holder for redemption of a subsequently occurring tax sale. (f) All fees paid to the county clerk under Section 22-5. (g) All fees paid to the registrar of titles incident to registering the tax certificate in compliance with the Registered Titles (Torrens) Act. (h) All fees paid to the circuit clerk and the sheriff or coroner in connection with the filing of the petition for tax deed and service of notices under Sections 22-15 through 22-30 and 22-40 in addition to (1) a fee of $35 if a petition for tax deed has been filed, which fee shall be posted to the tax judgement, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; (2) a fee of $4 if a notice under Section 22-5 has been filed, which fee shall be posted to the tax judgment, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; and (3) all costs paid to record a lis pendens notice in connection with filing a petition under this Code. The fees in (1) and (2) of this paragraph (h) shall be
13 [May 7, 2002] exempt from the posting requirements of Section 21-360. (i) All fees paid for publication of notice of the tax sale in accordance with Section 22-20. (j) All sums paid to any city, village or incorporated town for reimbursement under Section 22-35. (k) All costs and expenses of receivership under Section 21-410, to the extent that these costs and expenses exceed any income from the property in question, if the costs and expenditures have been approved by the court appointing the receiver and a certified copy of the order or approval is filed and posted by the certificate holder with the county clerk. Only actual costs expended may be posted on the tax judgment, sale, redemption and forfeiture record. (l) Up to $125 paid for costs of title insurance and to identify and locate owners and interested parties to the subject real estate. (Source: P.A. 91-924, eff. 1-1-01.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4082 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 4118 A bill for AN ACT in relation to public health. 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. 4118. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4118 on page 1, by replacing lines 14 through 16 with the following: "warehousers. The Department shall charge a fee of $10 for issuing a certificate of free sale, health certificate, or equivalent.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4118 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 4157 A bill for AN ACT concerning community development financial institutions.
[May 7, 2002] 14 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. 4157. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4157 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois Investment and Development Authority Act. Section 5. Purpose. The purpose of this Act is to create a State entity to support the creation and growth of community development financial institutions, which provide access to capital for business development, capital investments, and other financing to expand private sector activities in economically disadvantaged communities and for low income people, by providing grants, loans, and technical assistance to CDFIs. Assistance by this entity would (i) provide technical assistance and expand financial services and capital access in economically disadvantaged communities, (ii) provide support for the creation of new small businesses and new jobs in economically disadvantaged communities, (iii) create opportunities for financial institutions to obtain federal incentives for investments in a CDFI, (iv) increase this State's share of the money distributed annually by the federal Community Development Financial Institutions Fund, and (v) create a new partnership between the State, banks and thrifts, and CDFIs. Section 10. Definitions. In this Act: "Authority" means the Illinois Investment and Development Authority. "Community development financial institution" or "CDFI" means an Illinois community development financial institution certified in accordance with the federal Community Development Banking and Financial Institutions Act of 1994 (Public Law 103-325) and accredited by the Authority under Section 50 of this Act. Section 15. Creation of Illinois Investment and Development Authority; members. (a) There is created a political subdivision, body politic and corporate, to be known as the Illinois Investment and Development Authority. The exercise by the Authority of the powers conferred by law shall be an essential public function. The governing powers of the Authority shall be vested in a body consisting of 13 members, including, as ex officio members, the State Treasurer, the Director of Financial Institutions, the Commissioner of Banks and Real Estate and the Director of Commerce and Community Affairs or their designees. The other 9 members of the Authority shall be appointed by the Governor, with the advice and consent of the Senate, and shall be designated "public members". The public members shall include representatives from banks and other private financial services industries, community development finance experts, small business development experts, and other community leaders. Not more than 6 members of the Authority may be of the same political party. The Chairperson of the Authority shall be designated by the Governor from among its public members. (b) Six members of the Authority shall constitute a quorum. However, when a quorum of members of the Authority is physically present at the meeting site, other Authority members may participate in and act at any meeting through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other. Participation in such meeting shall constitute attendance and presence in person at the meeting of the person or persons so participating. All official acts
15 [May 7, 2002] of the Authority shall require the approval of at least 5 members. (c) Of the members initially appointed by the Governor pursuant to this Act, 3 shall serve until the third Monday in January, 2004, 3 shall serve until the third Monday in January, 2005, and 3 shall serve until the third Monday in January, 2006 and all shall serve until their successors are appointed and qualified. All successors shall hold office for a term of 3 years commencing on the third Monday in January of the year in which their term commences, except in case of an appointment to fill a vacancy. Each member appointed under this Section who is confirmed by the Senate shall hold office during the specified term and until his or her successor is appointed and qualified. In case of vacancy in the office when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate, when the Governor shall nominate such person to fill the office, and any person so nominated who is confirmed by the Senate, shall hold his or her office during the remainder of the term and until his or her successor is appointed and qualified. (d) Members of the Authority shall not be entitled to compensation for their services as members, but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members. (e) The Governor may remove any public member of the Authority in case of incompetency, neglect of duty, or malfeasance in office, after service on the member of a copy of the written charges against him or her and an opportunity to be publicly heard in person or by counsel in his or her own defense upon not less than 10 days notice. Section 20. Executive Director; other employees. The members of the Authority shall appoint an Executive Director to hold office at the pleasure of the members. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management and perform such other duties as may be prescribed from time to time by the members, and shall receive compensation fixed by the Authority. The Executive Director or any committee of the members may carry out such responsibilities of the members as the members by resolution may delegate. The Executive Director shall attend all meetings of the Authority; however, no action of the Authority shall be invalid on account of the absence of the Executive Director from a meeting. The Authority may engage the services of such other agents and employees, including legal and technical experts and other consultants, as it may deem advisable and may prescribe these persons' duties and fix their compensation. Section 25. Powers of Authority. (a) The Authority possesses all the powers as a body corporate necessary and convenient to accomplish the purposes of this Act, including, without any intended limitation upon the general powers hereby conferred, all of the following: (1) To enter into loans, contracts, and agreements in any matter connected with any of its corporate purposes and to invest its funds. (2) To sue and be sued. (3) To employ those agents, employees, and independent contractors necessary to carry out its purposes, and to fix their compensation, their benefits, and the terms and conditions of their employment. (4) To have and use a common seal and to alter the seal at pleasure. (5) To adopt all needful resolutions, by-laws, and rules for the conduct of its business and affairs. (6) To have and exercise all powers and be subject to all duties usually incident to boards of directors of corporations. (7) To adopt such rules and regulations as are necessary to implement this Act. (b) The Authority shall not have the power to levy taxes for any purpose whatsoever. Section 30. Office. The Authority may maintain an office or
[May 7, 2002] 16 branch office anywhere in this State and may utilize, without the payment of rent, any office facilities that the State may conveniently make available to the Authority. Section 35. Secretary; treasurer; funds. (a) The Authority shall appoint a secretary and treasurer, who may be a member or members of the Authority, to hold office at the pleasure of the Authority. Before entering upon the duties of the respective offices, the person or persons shall take and subscribe to the constitutional oath of office, and the treasurer shall execute a bond with corporate sureties to be approved by the Authority. The bond shall be payable to the Authority in whatever penal sum may be directed by the Authority, conditioned upon the faithful performance of the duties of the office and the payment of all money received by him or her according to law and the orders of the Authority. The Authority may, at any time, require a new bond from the treasurer in such penal sum as may then be determined by the Authority. The obligation of the sureties shall not extend to any loss sustained by the insolvency, failure, or closing of any savings and loan association or national or state bank wherein the treasurer has deposited funds if the bank or savings and loan association has been approved by the Authority as a depository for these funds. The oaths of office and the treasurer's bond shall be filed in the principal office of the Authority. (b) All funds of the Authority, including without limitation (i) grants or loans from the federal government, the State, or any agency or instrumentality of the State or federal government, (ii) fees, service charges, interest, or other investment earnings on its funds, (iii) payments of principal of and interest on loans of its funds, and (iv) revenue from any other source, except funds the application of which is otherwise specifically provided for by appropriation, resolution, grant agreement, lease agreement, loan agreement, indenture, mortgage, trust agreement, or other agreement, may be held by the Authority in its treasury and be generally available for expenditure by the Authority for any of the purposes authorized by this Act. (c) In addition to investments authorized by Section 2 of the Public Funds Investment Act, funds of the Authority may be invested in (i) obligations issued by any state, unit of local government, or school district, which obligations are rated at the time of purchase by a national rating service within the 2 highest rating classifications without regard to any rating refinement or gradation by numerical or other modifier, or (ii) equity securities of an investment company registered under the federal Investment Company Act of 1940 whose sole assets, other than cash and other temporary investments, are obligations that are eligible investments for the Authority, provided that not more than 20% of the assets of the investment company may consist of unrated obligations of the type described in clause (i) of this subsection (c) that the board of directors of the investment company has determined to be of comparable quality to rated obligations described in clause (i) of this subsection (c). (d) Moneys appropriated by the General Assembly to the Authority shall be held in the State treasury unless the Act making the appropriation specifically states that the moneys are appropriated to the Authority's treasury. Such funds as are authorized to be held in the Authority's treasury, deposited in any bank or savings and loan association, and placed in the name of the Authority shall be withdrawn or paid out only by check or draft upon the bank or savings and loan association, signed by the treasurer and countersigned by the Chairperson of the Authority. The Authority may designate any of its members or any officer or employee of the Authority to affix the signature of the Chairperson and may designate another to affix the signature of the treasurer to any check or draft for payment of salaries or wages and for payment of any other obligations of not more than $2,500. In case any person whose signature appears upon any check or draft, issued pursuant to this Act, ceases to hold his or her office before the delivery of the check or draft to the payee, the signature nevertheless shall be valid and sufficient for all purposes with the
17 [May 7, 2002] same effect as if the person had remained in office until delivery of the check or draft. A bank or savings and loan association may not receive public funds as permitted by this Section unless it has complied with the requirements established pursuant to Section 6 of the Public Funds Investment Act. Section 40. Conflict of interest. (a) No member, officer, agent, or employee of the Authority shall, in his or her own name or in the name of a nominee, be an officer or director or hold an ownership interest of more than 10% in any person, association, trust, corporation, partnership, or other entity that is, in its own name or in the name of a nominee, a party to a contract or agreement upon which the member, officer, agent, or employee may be called upon to act or vote. The prohibition of this subsection (a) does not apply, however, to prohibit contracts or agreements between the Authority and entities qualified under Section 501 of the Internal Revenue Code of 1986 due to a member of the Authority serving as an officer or director of that entity. (b) With respect to any direct or indirect interest, other than an interest prohibited in subsection (a) of this Section, in a contract or agreement upon which the member, officer, agent, or employee may be called upon to act or vote, a member, officer, agent, or employee of the Authority shall disclose the interest to the secretary of the Authority before the taking of final action by the Authority concerning the contract or agreement and shall so disclose the nature and extent of the interest and his or her acquisition of it, and those disclosures shall be publicly acknowledged by the Authority and entered upon the minutes of the Authority. If a member, officer, agent, or employee of the Authority holds such an interest, then he or she shall refrain (i) from any further official involvement in regard to the contract or agreement, (ii) from voting on any matter pertaining to the contract or agreement, and (iii) from communicating with members of the Authority or its officers, agents, and employees concerning the contract or agreement. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection (b) shall not be void or invalid by reason of the interest described in this subsection (b), nor shall any person so disclosing the interest and refraining from further official involvement as provided in this subsection (b) be guilty of an offense, be removed from office, or be subject to any other penalty on account of that interest. (c) Any contract or agreement made in violation of subsection (a) or (b) of this Section shall be null and void, but shall not give rise to any action against the Authority. Section 45. Audit; fiscal year; report. The accounts and books of the Authority, including its receipts, disbursements, contracts, and other matters relating to its finances, operation, and affairs shall be examined and audited at least once within each 2-year period by a firm of certified public accountants, who shall certify its audit to the State Comptroller. The fiscal year for the Authority shall commence on July 1. As soon after the end of each fiscal year as may be expedient, the Authority shall cause to be prepared and printed a complete report and financial statement of its operations and of its assets and liabilities. A reasonably sufficient number of copies of this report shall be printed for distribution to persons interested, upon request, and a copy of the report shall be filed with the Governor, the Secretary of State, the State Comptroller, the Secretary of the Senate, and the Clerk of the House of Representatives. Section 50. Accreditation. (a) A CDFI must be accredited by the Authority in order to receive assistance from the Authority, unless otherwise specified in this Act. The Authority may revoke accreditation from a CDFI that no longer meets the Authority's accreditation criteria. Accreditation of a CDFI under this Act does not, in and of itself, qualify the CDFI to participate in a financing program administered by the Authority. (b) Authority criteria for accreditation must include certification under the federal Community Development Banking and Financial Institutions Act of 1994 (Public Law 103-325) and any other
[May 7, 2002] 18 criteria that the Authority deems appropriate. (c) The Authority shall accredit CDFIs in a manner to ensure the use of CDFIs in all geographic regions of this State to the greatest extent possible. Section 55. Authority's responsibilities. (a) The Authority shall provide technical assistance to CDFIs to (i) expand the financial services the CDFI sector offers, such as micro-business lending, facilities financing, low income housing financing, mortgage lending, and personal financial services for low income persons, (ii) encourage the establishment of CDFIs, and (iii) provide technical assistance and training to CDFIs' borrowers. (b) The Authority may make grants and low-rate loans to CDFIs so that CDFIs may fill a credit gap by engaging in below market rate financing in economically disadvantaged communities and to low income people. As part of a grant or loan agreement, a CDFI may request and the Authority may consent to having the grant or loan proceeds paid directly to a CDFI's creditor. As part of a loan agreement, the Authority may require additional security from the CDFI, including without limitation a pledge of a certain percentage of the CDFI's assets or future earnings. Section 60. Authority grants. Notwithstanding the provisions of subsection (b) of Section 50, the Authority may issue grants to CDFIs or to nonprofit organizations that are attempting to obtain federal certification or Authority accreditation as a CDFI. The Authority may issue, in a manner consistent with subsection (c) of Section 50 of this Act, grants for the purpose of developing or enhancing the ability of the CDFI or nonprofit organization to be accredited as a CDFI under Section 50 of this Act and to receive loans from the Authority under Section 65 of this Act. The Authority may also issue grants or loans to nonprofit organizations that have entered into a written contract with a CDFI or a nonprofit organization receiving grants from the Authority to obtain federal certification or Authority accreditation as a CDFI. In areas of this State where no CDFI exists and no nonprofit organization is working to obtain certification or accreditation as a CDFI, the Authority may issue grants to a nonprofit organization deemed by the Authority to be performing activities consistent with the goals of the federal Community Development Banking and Financial Institutions Act of 1994 (Public Law 103-325). The grants shall be used by the nonprofit organization to provide technical assistance, training, or other support to small businesses or other for-profit or not-for-profit organizations. Section 65. Authority loans. The Authority may make loans to CDFIs, from moneys appropriated for this purpose, on such terms and conditions as the Authority may determine. Loans to CDFIs may be made by the Authority as the sole lender or in cooperation with participating investors pursuant to agreements entered into in accordance with this Act. Loan repayments shall be used by the Authority to make new loans to CDFIs. Section 70. Community development loans. (a) CDFIs that receive loans from the Authority under Section 65 of this Act shall make and use community development loans pursuant to guidelines established by the Authority. The guidelines shall include criteria for the approval of a portfolio of loans submitted by CDFIs. (b) In connection with community development loans under this Section, the recipient of a loan must provide certification to the Authority that the recipient does not have any outstanding debts in the form of delinquent real estate taxes or utility bills that are more than one year outstanding. Section 75. Report to General Assembly. Within 90 days after the end of each fiscal year, the Authority shall prepare a report for that fiscal year and file it with the General Assembly as provided in Section 3.1 of the General Assembly Organization Act. The report shall include the amount of funds appropriated to the Authority that were deposited by the Authority in special accounts in banks or trust companies, the amount of disbursements made from the special accounts,
19 [May 7, 2002] the number, name, and location of CDFIs accredited by the Authority, and the number and amount of grants to CDFIs or nonprofit organizations.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4157 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 4255 A bill for AN ACT concerning electrology. 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. 4255. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4255, on page 1, by replacing line 1 with the following: "AN ACT concerning the regulation of professions."; and on page 6, by replacing line 1 with the following: "hours of continuing education every 24 months. The continuing education requirement may be waived in part or in whole for such good cause, including but not limited to illness or hardship, as may be determined by rule."; and on page 7, by replacing lines 7 through 12 with the following: "Section 70. Fees; returned checks. (a) The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. (b) All fees collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. (c) A person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application without a hearing. If the person seeks a license after termination or denial, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to defray the expenses of processing the
[May 7, 2002] 20 application. The Director may waive the fines due under this Section in individual cases if the Director finds that the fines would be unreasonable or unnecessarily burdensome."; and on page 8, by replacing lines 31 and 32 with the following: "(15) Gross negligence in his or her practice under this Act."; and on page 9, immediately below line 24, by inserting the following: "(d) In enforcing this Section, the Department upon a showing of a possible violation may compel any person licensed to practice under this Act or who has applied for licensure or certification 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 physicians shall be those specifically designated by the Department. 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 communications between the licensee or applicant and the examining physician. The person 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 person to submit to a mental or physical examination, when directed, shall be grounds for suspension of a license until the person submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Department finds an individual unable to practice because of the reasons set forth in this Section, the Department may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. Any person whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions or restrictions, and who fails to comply with such terms, conditions or restrictions, shall be referred to the Director for a determination as to whether the person shall have his or her license suspended immediately, pending a hearing by the Department. In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject person'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. A person licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license."; and on page 9, by deleting lines 25 through 33; and on page 10, by deleting lines 1 through 21; and on page 11, line 23, after "electrologist", by inserting "pursuant to Section 75 of this Act"; and on page 12, line 30, by replacing "70" with "75"; and on page 16, immediately below line 21, by inserting the following: "Section 162. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice electrology without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any
21 [May 7, 2002] and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record."; and on page 17, immediately below line 8, by inserting the following: "Section 905. The Medical Practice Act of 1987 is amended by changing Section 20 as follows: (225 ILCS 60/20) (from Ch. 111, par. 4400-20) (Section scheduled to be repealed on January 1, 2007) Sec. 20. Continuing education. The Department shall promulgate rules of continuing education for persons licensed under this Act that require 150 hours of continuing education per license renewal cycle. These rules shall be consistent with requirements of relevant professional associations, speciality societies, or boards. The rules shall also address variances in part or in whole for good cause, including but not limited to
[May 7, 2002] 22 education certificates with the Department; or by other means established by the Department. Any optometrist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored and by paying the required fees. Such proof of fitness may include evidence certifying to active lawful practice in another jurisdiction and must include proof of the completion of the continuing education requirements specified in the rules for the preceding license renewal period for the applicant's level of certification that has been completed during the 2 years prior to the application for license restoration. The Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of his or her license and shall establish procedures and requirements for such restoration. However, any optometrist whose license expired while he or she was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees if within 2 years after honorable termination of such service, training, or education, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 92-451, eff. 8-21-01.) Section 920. The Podiatric Medical Practice Act of 1987 is amended by changing Section 14 as follows: (225 ILCS 100/14) (from Ch. 111, par. 4814) (Section scheduled to be repealed on January 1, 2008) Sec. 14. Continuing education requirement. Podiatric physicians licensed to practice in Illinois shall, as a requirement for renewal of license, complete continuing education at the rate of at least 25 hours per year. Such hours shall be earned (1) from courses offered by sponsors validated by the Illinois Podiatric Medical Association Continuing Education Committee and approved by the Podiatric Medical Licensing Board; or (2) by continuing education activities as defined in the rules of the Department. Podiatric physicians shall, at the request of the Department, provide proof of having met the requirements of continuing education under this Section. The Department shall by rule provide an orderly process for the reinstatement of licenses which have not been renewed due to the licensee's failure to meet requirements of this Section. The requirements of continuing education may be waived by the Director, upon recommendation by the Board, in whole or in part for such good cause, including but not limited to illness or
23 [May 7, 2002] passage of a bill of the following title to-wit: HOUSE BILL 4321 A bill for AN ACT in relation to 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. 4321. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4321 on page 1, line 25, by changing "victim" to "elderly person"; and on page 1, line 27, by changing "victim" to "elderly person". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4321 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 4354 A bill for AN ACT concerning civil immunities. 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. 4354. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4354 by replacing the title with the following: "AN ACT in relation to local governmental employees."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Section 5-1002 as follows: (55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002) Sec. 5-1002. Indemnity of sheriff or deputy. If any injury to the person or property of another is caused by a sheriff or any deputy sheriff, while the sheriff or deputy is engaged in the performance of his or her duties as such, and without the contributory negligence of the injured person or the owner of the injured property, or the agent or servant of the injured person or owner, the county shall indemnify the sheriff or deputy, as the case may be, for any judgment recovered against him or her as the result of that injury, except where the injury results from the wilful misconduct of the sheriff or deputy, as the case may be, to the extent of not to exceed $1,000,000
[May 7, 2002] 24 including costs of action. Any sheriff or deputy, as the case may be, or any person who, at the time of performing such an act complained of, was a sheriff or deputy sheriff, who is made a party defendant to any such action shall, within 10 days of service of process upon him or her, notify the county, of the fact that the action has been instituted, and that he or she has been made a party defendant to the action. The notice must be in writing, and be filed in the office of the State's Attorney and also in the office of the county clerk, either by himself or herself, his or her agent or attorney. The notice shall state in substance, that the sheriff or deputy sheriff, as the case may be, (naming him or her), has been served with process and made a party defendant to an action wherein it is claimed that a person has suffered injury to his or her person or property caused by that sheriff or deputy sheriff stating the title and number of the case; the Court wherein the action is pending; and the date the sheriff or deputy sheriff was served with process in the action, and made a party defendant thereto. The county which is or may be liable to indemnify the sheriff or deputy sheriff, as the case may be, may intervene in the action against the sheriff or deputy sheriff, as the case may be, and shall be permitted to appear and defend. The duty of the county to indemnify any sheriff or deputy sheriff for any judgment recovered against him or her is conditioned upon receiving notice of the filing of any such action in the manner and form hereinabove described. (Source: P.A. 86-962; 87-1141.) Section 10. The Illinois Municipal Code is amended by changing Section 1-4-6 as follows: (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6) Sec. 1-4-6. In case any injury to the person or property of another is caused by a member of the police department of a municipality having a population of less than 500,000 while the member is engaged in the performance of his or her duties as a police officer, and without the contributory negligence of the injured person or the owner of the injured property, or the agent or servant of the injured person or owner, the municipality in whose behalf the member of the municipal police department is performing his or her duties as police officer shall indemnify the police officer for any judgment recovered against him or her as the result of such injury, except where the injury results from the wilful misconduct of the police officer, to the extent of not to exceed $1,000,000
25 [May 7, 2002] If any person in obeying the command of any such policeman to assist in arresting or securing an offender is killed or injured, or his or her property or that of his or her employer is damaged, and such death, injury or damage arises out of and in the course of aiding such policeman in arresting, or endeavoring to arrest, a person or retaking or endeavoring to re-take a person who has escaped from legal custody, the person or employer so injured, or whose property is so damaged, or the personal representatives of the person so killed, shall have a cause of action to recover the amount of such damage or injury against the municipal corporation by which such police officer is employed at the time such command is obeyed. If a police officer is acting within a municipality other than his or her employing municipality under an agreement pursuant to Section 11-1-2.1, the liability or obligation to indemnify imposed by this Section does not extend to both municipalities. Only that municipality designated by the agreement is subject to such liability or obligation to indemnify, but, if the agreement is silent as to such liability or obligation, then the municipality by which the police officer is employed is subject to such liability or obligation. If a police officer is acting within a municipality other than his or her employing municipality under the provisions of Section 1-4-8, the liability or obligation to indemnify imposed by this Section shall be the liability or obligation of the requesting municipality only. The notice required in this Section 1-4-6 shall be given to the municipality in which he was acting if other than his employing municipality. (Source: P.A. 86-470.) Section 15. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Sections 2-302 and 9-102 as follows: (745 ILCS 10/2-302) (from Ch. 85, par. 2-302) Sec. 2-302. If any claim or action is instituted against an employee of a local public entity based on an injury allegedly arising out of an act or omission occurring within the scope of his employment as such employee, the entity may elect to do any one or more of the following: (a) appear and defend against the claim or action; (b) indemnify the employee or former employee for his court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action; (c) pay, or indemnify the employee or former employee for a judgment based on such claim or action;
[May 7, 2002] 26 (Source: P.A. 84-1431.) 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 4354 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 4365 A bill for AN ACT in relation to highways. 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. 4365. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4365 on page 1, by replacing lines 5 and 6 with the following: "changing Sections 6-130, 6-508, and 6-701.8 as follows:"; and on page 1, by deleting lines 22 through 26. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4365 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 4407 A bill for AN ACT relating to motor vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4407. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4407 on page 3 by replacing lines 9, 10, and 11 with the following: "except that ownership of (i) a vehicle that has incurred only hail
27 [May 7, 2002] damage that does not affect the operational safety of the vehicle or (ii) any vehicle 9 model". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4407 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 4409 A bill for AN ACT concerning banking. 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. 4409. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4409 by replacing the title with the following: "AN ACT concerning financial institutions."; and by replacing everything after the enacting clause with the following: "Section 5. The Metropolitan Transit Authority Act is amended by changing Section 25 as follows: (70 ILCS 3605/25) (from Ch. 111 2/3, par. 325) Sec. 25. All funds deposited by the treasurer in any bank, savings bank, or savings and loan association shall be placed in the name of the Authority and shall be withdrawn or paid out only by check or draft upon the bank, savings bank, or savings and loan association, signed by the treasurer or an assistant treasurer and countersigned by the chairman of the Board or a vice-chairman of the Board. The Board may designate any of its members or any officer or employee of the Authority to affix the signature of the chairman and another to affix the signature of the treasurer to any check or draft for payment of salaries or wages and for the payment of any other obligation of not more than $2500.00. No bank, savings bank, or savings and loan association shall receive public funds as permitted by this Section, unless it has complied with the requirements established pursuant to Section 6 of "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended. (Source: P.A. 83-541.) Section 10. The Illinois Banking Act is amended by changing Sections 5, 18, 46, and 48.4 as follows: (205 ILCS 5/5) (from Ch. 17, par. 311) Sec. 5. General corporate powers. A bank organized under this Act or subject hereto shall be a body corporate and politic and shall, without specific mention thereof in the charter, have all the powers conferred by this Act and the following additional general corporate powers: (1) To sue and be sued, complain, and defend in its corporate name. (2) To have a corporate seal, which may be altered at pleasure, and to use the same by causing it or a facsimile thereof to be
[May 7, 2002] 28 impressed or affixed or in any manner reproduced, provided that the affixing of a corporate seal to an instrument shall not give the instrument additional force or effect, or change the construction thereof, and the use of a corporate seal is not mandatory. (3) To make, alter, amend, and repeal bylaws, not inconsistent with its charter or with law, for the administration of the affairs of the bank. If this Act does not provide specific guidance in matters of corporate governance, the provisions of the Business Corporation Act of 1983 may be used if so provided in the bylaws. (4) To elect or appoint and remove officers and agents of the bank and define their duties and fix their compensation. (5) To adopt and operate reasonable bonus plans, profit-sharing plans, stock-bonus plans, stock-option plans, pension plans and similar incentive plans for its directors, officers and employees. (5.1) To manage, operate and administer a fund for the investment of funds by a public agency or agencies, including any unit of local government or school district, or any person. The fund for a public agency shall invest in the same type of investments and be subject to the same limitations provided for the investment of public funds. The fund for public agencies shall maintain a separate ledger showing the amount of investment for each public agency in the fund. "Public funds" and "public agency" as used in this Section shall have the meanings ascribed to them in Section 1 of the Public Funds Investment Act. (6) To make reasonable donations for the public welfare or for charitable, scientific, religious or educational purposes. (7) To borrow or incur an obligation; and to pledge its assets: (a) to secure its borrowings, its lease of personal or real property or its other nondeposit obligations; (b) to enable it to act as agent for the sale of obligations of the United States; (c) to secure deposits of public money of the United States, whenever required by the laws of the United States, including without being limited to, revenues and funds the deposit of which is subject to the control or regulation of the United States or any of its officers, agents, or employees and Postal Savings funds; (d) to secure deposits of public money of any state or of any political corporation or subdivision thereof including, without being limited to, revenues and funds the deposit of which is subject to the control or regulation of any state or of any political corporation or subdivisions thereof or of any of their officers, agents, or employees; (e) to secure deposits of money whenever required by the National Bankruptcy Act; (f) (blank); and (g) to secure trust funds commingled with the bank's funds, whether deposited by the bank or an affiliate of the bank, pursuant to Section 2-8 of the Corporate Fiduciary Act. (8) To own, possess, and carry as assets all or part of the real estate necessary in or with which to do its banking business, either directly or indirectly through the ownership of all or part of the capital stock, shares or interests in any corporation, association, trust engaged in holding any part or parts or all of the bank premises, engaged in such business and in conducting a safe deposit business in the premises or part of them, or engaged in any activity that the bank is permitted to conduct in a subsidiary pursuant to paragraph (12) of this Section 5. (9) To own, possess, and carry as assets other real estate to which it may obtain title in the collection of its debts or that was formerly used as a part of the bank premises, but title to any real estate except as herein permitted shall not be retained by the bank, either directly or by or through a subsidiary, as permitted by subsection (12) of this Section for a total period of more than 10 years after acquiring title, either directly or indirectly. (10) To do any act, including the acquisition of stock, necessary to obtain insurance of its deposits, or part thereof, and any act necessary to obtain a guaranty, in whole or in part, of any of its
29 [May 7, 2002] loans or investments by the United States or any agency thereof, and any act necessary to sell or otherwise dispose of any of its loans or investments to the United States or any agency thereof, and to acquire and hold membership in the Federal Reserve System. (11) Notwithstanding any other provisions of this Act or any other law, to do any act and to own, possess, and carry as assets property of the character, including stock, that is at the time authorized or permitted to national banks by an Act of Congress, but subject always to the same limitations and restrictions as are applicable to national banks by the pertinent federal law and subject to applicable provisions of the Financial Institutions Insurance Sales Law. (12) To own, possess, and carry as assets stock of one or more corporations that is, or are, engaged in one or more of the following businesses: (a) holding title to and administering assets acquired as a result of the collection or liquidating of loans, investments, or discounts; or (b) holding title to and administering personal property acquired by the bank, directly or indirectly through a subsidiary, for the purpose of leasing to others, provided the lease or leases and the investment of the bank, directly or through a subsidiary, in that personal property otherwise comply with Section 35.1 of this Act; or (c) carrying on or administering any of the activities excepting the receipt of deposits or the payment of checks or other orders for the payment of money in which a bank may engage in carrying on its general banking business; provided, however, that nothing contained in this paragraph (c) shall be deemed to permit a bank organized under this Act or subject hereto to do, either directly or indirectly through any subsidiary, any act, including the making of any loan or investment, or to own, possess, or carry as assets any property that if done by or owned, possessed, or carried by the State bank would be in violation of or prohibited by any provision of this Act. The provisions of this subsection (12) shall not apply to and shall not be deemed to limit the powers of a State bank with respect to the ownership, possession, and carrying of stock that a State bank is permitted to own, possess, or carry under this Act. Any bank intending to establish a subsidiary under this subsection (12) shall give written notice to the Commissioner 60 days prior to the subsidiary's commencing of business or, as the case may be, prior to acquiring stock in a corporation that has already commenced business. After receiving the notice, the Commissioner may waive or reduce the balance of the 60 day notice period. The Commissioner may specify the form of the notice and may promulgate rules and regulations to administer this subsection (12). (13) To accept for payment at a future date not exceeding one year from the date of acceptance, drafts drawn upon it by its customers; and to issue, advise, or confirm letters of credit authorizing the holders thereof to draw drafts upon it or its correspondents. (14) To own and lease personal property acquired by the bank at the request of a prospective lessee and upon the agreement of that person to lease the personal property provided that the lease, the agreement with respect thereto, and the amount of the investment of the bank in the property comply with Section 35.1 of this Act. (15) (a) To establish and maintain, in addition to the main banking premises, branches offering any banking services permitted at the main banking premises of a State bank. (b) To establish and maintain, after May 31, 1997, branches in another state that may conduct any activity in that state that is authorized or permitted for any bank that has a banking charter issued by that state, subject to the same limitations and restrictions that are applicable to banks chartered by that state. (16) (Blank). (17) To establish and maintain terminals, as authorized by the Electronic Fund Transfer Act.
[May 7, 2002] 30 (18) To establish and maintain temporary service booths at any International Fair held in this State which is approved by the United States Department of Commerce, for the duration of the international fair for the sole purpose of providing a convenient place for foreign trade customers at the fair to exchange their home countries' currency into United States currency or the converse. This power shall not be construed as establishing a new place or change of location for the bank providing the service booth. (19) To indemnify its officers, directors, employees, and agents, as authorized for corporations under Section 8.75 of the Business Corporation Act of 1983. (20) To own, possess, and carry as assets stock of, or be or become a member of, any corporation, mutual company, association, trust, or other entity formed exclusively for the purpose of providing directors' and officers' liability and bankers' blanket bond insurance or reinsurance to and for the benefit of the stockholders, members, or beneficiaries, or their assets or businesses, or their officers, directors, employees, or agents, and not to or for the benefit of any other person or entity or the public generally. (21) To make debt or equity investments in corporations or projects, whether for profit or not for profit, designed to promote the development of the community and its welfare, provided that the aggregate investment in all of these corporations and in all of these projects does not exceed 10% of the unimpaired capital and unimpaired surplus of the bank and provided that this limitation shall not apply to creditworthy loans by the bank to those corporations or projects. Upon written application to the Commissioner, a bank may make an investment that would, when aggregated with all other such investments, exceed 10% of the unimpaired capital and unimpaired surplus of the bank. The Commissioner may approve the investment if he is of the opinion and finds that the proposed investment will not have a material adverse effect on the safety and soundness of the bank. (22) To own, possess, and carry as assets the stock of a corporation engaged in the ownership or operation of a travel agency or to operate a travel agency as a part of its business. (23) With respect to affiliate facilities: (a) to conduct at affiliate facilities for and on behalf of another commonly owned bank, if so authorized by the other bank, all transactions that the other bank is authorized or permitted to perform; and (b) to authorize a commonly owned bank to conduct for and on behalf of it any of the transactions it is authorized or permitted to perform at one or more affiliate facilities. Any bank intending to conduct or to authorize a commonly owned bank to conduct at an affiliate facility any of the transactions specified in this paragraph (23) shall give written notice to the Commissioner at least 30 days before any such transaction is conducted at the affiliate facility. (24) To act as the agent for any fire, life, or other insurance company authorized by the State of Illinois, by soliciting and selling insurance and collecting premiums on policies issued by such company; and to receive for services so rendered such fees or commissions as may be agreed upon between the bank and the insurance company for which it may act as agent; provided, however, that no such bank shall in any case assume or guarantee the payment of any premium on insurance policies issued through its agency by its principal; and provided further, that the bank shall not guarantee the truth of any statement made by an assured in filing his application for insurance. (25) Notwithstanding any other provisions of this Act or any other law, to offer any product or service that is at the time authorized or permitted to any insured savings association or out-of-state bank by applicable law, provided that powers conferred only by this subsection (25): (a) shall always be subject to the same limitations and restrictions that are applicable to the insured savings association or out-of-state bank for the product or service by such applicable
31 [May 7, 2002] law; (b) shall be subject to applicable provisions of the Financial Institutions Insurance Sales Law; (c) shall not include the right to own or conduct a real estate brokerage business for which a license would be required under the laws of this State; and (d) shall not be construed to include the establishment or maintenance of a branch, nor shall they be construed to limit the establishment or maintenance of a branch pursuant to subsection (11). Not less than 30 days before engaging in any activity under the authority of this subsection, a bank shall provide written notice to the Commissioner of its intent to engage in the activity. The notice shall indicate the specific federal or state law, rule, regulation, or interpretation the bank intends to use as authority to engage in the activity. (Source: P.A. 91-330, eff. 7-29-99; 91-849, eff. 6-22-00; 92-483, eff. 8-23-01.) (205 ILCS 5/18) (from Ch. 17, par. 325) Sec. 18. Change in control. (a) Before a change may occur in the ownership of outstanding stock of any State bank, whether by sale and purchase, gift, bequest or inheritance, or any other means, including the acquisition of stock of the State bank by any bank holding company, which will result in control or a change in the control of the bank or before a change in the control of a holding company having control of the outstanding stock of a State bank whether by sale and purchase, gift, bequest or inheritance, or any other means, including the acquisition of stock of such holding company by any other bank holding company, which will result in control or a change in control of the bank or holding company, or before a transfer of substantially all the assets or liabilities of the State bank, the Commissioner shall be of the opinion and find: (1) that the general character of proposed management or of the person desiring to purchase substantially all the assets or to assume substantially all the liabilities of the State bank, after the change in control, is such as to assure reasonable promise of successful, safe and sound operation; (1.1) that depositors' interests will not be jeopardized by the purchase or assumption and that adequate provision has been made for all liabilities as required for a voluntary liquidation under Section 68 of this Act; (2) that the future earnings prospects of the person desiring to purchase substantially all assets or to assume substantially all the liabilities of the State bank, after the proposed change in control, are favorable; (3) that any prior involvement by the persons proposing to obtain control, to purchase substantially all the assets, or to assume substantially all the liabilities of the State bank or by the proposed management personnel with any other financial institution, whether as stockholder, director, officer or customer, was conducted in a safe and sound manner; and (4) that if the acquisition is being made by a bank holding company, the acquisition is authorized under the Illinois Bank Holding Company Act of 1957. (b) Persons desiring to purchase control of an existing state bank, to purchase substantially all the assets, or to assume substantially all the liabilities of the State bank shall, prior to that purchase, submit to the Commissioner: (1) a statement of financial worth; (2) satisfactory evidence that any prior involvement by the persons and the proposed management personnel with any other financial institution, whether as stockholder, director, officer or customer, was conducted in a safe and sound manner; and (3) such other relevant information as the Commissioner may request to substantiate the findings under subsection (a) of this
[May 7, 2002] 32 Section. A person who has submitted information to the Commissioner pursuant to this subsection (b) is under a continuing obligation until the Commissioner takes action on the application to immediately supplement that information if there are any material changes in the information previously furnished or if there are any material changes in any circumstances that may affect the Commissioner's opinion and findings. In addition, a person submitting information under this subsection shall notify the Commissioner of the date when the change in control is finally effected. The Commissioner may impose such terms and conditions on the approval of the change in control application as he deems necessary or appropriate. If an applicant, whose application for a change in control has been approved pursuant to subsection (a) of this Section, fails to effect the change in control within 180 days after the date of the Commissioner's approval, the Commissioner shall revoke that approval unless a request has been submitted, in writing, to the Commissioner for an extension and the request has been approved. (b-1) Any person who obtains ownership of stock of an existing State bank or stock of a holding company that controls the State bank by gift, bequest, or inheritance such that ownership of the stock would constitute control of the State bank or holding company may obtain title and ownership of the stock, but may not exercise management or control of the business and affairs of the bank or vote his or her shares so as to exercise management or control unless and until the Commissioner approves an application for the change of control as provided in subsection (b) of this Section. (c) Whenever a state bank makes a loan or loans, secured, or to be secured, by 25% or more of the outstanding stock of a state bank, the president or other chief executive officer of the lending bank shall promptly report such fact to the Commissioner upon obtaining knowledge of such loan or loans, except that no report need be made in those cases where the borrower has been the owner of record of the stock for a period of one year or more, or the stock is that of a newly organized bank prior to its opening. (d) The reports required by subsections (b) and (c) of this Section 18, other than those relating to a transfer of assets or assumption of liabilities, shall contain the following information to the extent that it is known by the person making the report: (1) the number of shares involved; (2) the names of the sellers (or transferors); (3) the names of the purchasers (or transferees); (4) the names of the beneficial owners if the shares are registered in another name: (5) the purchase price, if applicable; (6) the total number of shares owned by the sellers (or transferors), the purchasers (or transferees) and the beneficial owners both immediately before and after the transaction; and, (7) in the case of a loan, the name of the borrower, the amount of the loan, the name of the bank issuing the stock securing the loan and the number of shares securing the loan. In addition to the foregoing, such reports shall contain such other information which is requested by the Commissioner to inform the Commissioner of the effect of the transaction upon control of the bank whose stock is involved. (d-1) The reports required by subsection (b) of this Section 18 that relate to purchase of assets and assumption of liabilities shall contain the following information to the extent that it is known by the person making the report: (1) the value, amount, and description of the assets transferred; (2) the amount, type, and to whom each type of liabilities are owed; (3) the names of the purchasers (or transferees); (4) the names of the beneficial owners if the shares of a purchaser or transferee are registered in another name; (5) the purchase price, if applicable; and, (6) in the case of a loan obtained to effect a purchase, the name of the borrower, the amount and terms of the loan, and the description of the assets securing the loan. In addition to the foregoing, these reports shall contain any other information that is requested by the Commissioner to inform the Commissioner of the
33 [May 7, 2002] effect of the transaction upon the bank from which assets are purchased or liabilities are transferred. (e) Whenever such a change as described in subsection (a) of this Section 18 occurs, each state bank shall report promptly to the Commissioner any changes or replacement of its chief executive officer or of any director occurring in the next 12 month period, including in its report a statement of the past and current business and professional affiliations of the new chief executive officer or directors. (f) (Blank). (g) (1) Except as otherwise expressly provided in this subsection (g), the Commissioners shall not approve an application for a change in control if upon consummation of the change in control the persons applying for the change in control, including any affiliates of the persons applying, would control 30% or more of the total amount of deposits which are located in this State at insured depository institutions. For purposes of this subsection (g), the words "insured depository institution" shall mean State banks, national banks, and insured savings associations. For purposes of this subsection (g), the word "deposits" shall have the meaning ascribed to that word in Section 3(1) of the Federal Deposit Insurance Act. For purposes of this subsection (g), the total amount of deposits which are considered to be located in this State at insured depository institutions shall equal the sum of all deposits held at the main banking premises and branches in the State of Illinois of State banks, national banks, or insured savings associations. For purposes of this subsection (g), the word "affiliates" shall have the meaning ascribed to that word in Section 35.2 of this Act. (2) Notwithstanding the provisions of subsection (g)(1) of this Section, the Commissioner may approve an application for a change in control for a bank that is in default or in danger of default. Except in those instances in which an application for a change in control is for a bank that is in default or in danger of default, the Commissioner may not approve a change in control which does not meet the requirements of subsection (g)(1) of this Section. The Commissioner may not waive the provisions of subsection (g)(1) of this Section, whether pursuant to Section 3(d) of the federal Bank Holding Company Act of 1956 or Section 44(d) of the Federal Deposit Insurance Act, except as expressly provided in this subsection (g)(2). (h) As used in this Section, the term "control" means the power, directly or indirectly, to direct the management or policies of the bank or to vote 25% or more of the outstanding stock of the bank.
[May 7, 2002] 34 cause the bank to lose its federal deposit insurance. As used in this Section, "purchase" includes a transfer by gift, bequest, inheritance, or any other means. (Source: P.A. 92-483, eff. 8-23-01.) (205 ILCS 5/46) (from Ch. 17, par. 357) Sec. 46. Misleading practices and names prohibited; penalty. (a) No person, firm, partnership, or corporation that is not a bank shall transact business in this State in a manner which has a substantial likelihood of misleading the public by implying that the business is a bank, or shall use the word "bank", "banker", or "banking" in connection with the business. Any person, firm, partnership or corporation violating this Section shall be deemed guilty of a Class A misdemeanor, and the Attorney General or State's Attorney of the county in which any such violation occurs may restrain such violation by a complaint for injunctive relief. (b) If the Commissioner is of the opinion and finds that a person, firm, partnership, or corporation that is not a bank has transacted or intends to transact business in this State in a manner which has a substantial likelihood of misleading the public by implying that the business is a bank, or has used or intends to use the word "bank", "banker", or "banking" in connection with the business, then the Commissioner may direct that person, firm, partnership, or corporation to cease and desist from transacting the business or using the word "bank", "banker", or "banking". If that person, firm, partnership, or corporation persists in transacting the business or using the word "bank", "banker", or "banking", then the Commissioner may impose a civil penalty of up to $10,000 for each violation. Each day that the person, firm, partnership, or corporation continues transacting the business or using the word "bank", "banker", or "banking" in connection with the business shall constitute a separate violation of these provisions. (c) A person, firm, partnership, or corporation that is not a bank, and is not transacting or intending to transact business in this State in a manner that has a substantial likelihood of misleading the public by implying that such business is a bank, may apply to the Commissioner for permission to use the word "bank", "banker", or "banking" in connection with the business. If the Commissioner determines that there is no substantial likelihood of misleading the public, and upon such conditions as the Commissioner may impose to prevent the person, firm, partnership, or corporation from holding itself out in a misleading manner, then such person, firm, partnership, or corporation may use the word "bank", "banker", or "banking". (d) (1) Unless otherwise expressly permitted by law, no person, firm, partnership, or corporation may use the name of an existing bank
35 [May 7, 2002] marketing material or solicitation in Illinois. If that person, firm, partnership, or corporation persists in the use of the marketing material or solicitation, then the Commissioner may impose a civil penalty of up to $10,000 for each violation. Each instance in which the marketing material or solicitation is sent to a customer or prospective customer shall constitute a separate violation of these provisions. The Commissioner is authorized to promulgate rules to administer these provisions. (3) (Blank)
[May 7, 2002] 36 operating under this Act. (c) The Commissioner may approve or disapprove an application for change of control.
37 [May 7, 2002]
[May 7, 2002] 38 (v) that adequate provision has been made for all obligations and trusts as required under Section 7-1 of this Act. (2) Persons desiring to purchase substantially all the assets and assume substantially all the liabilities of a trust company or to purchase substantially all the trust assets and assume substantially all the trust liabilities of a trust company shall submit to the Commissioner: (i) a statement of financial worth; and (ii) satisfactory evidence that the prior business affairs of the persons and the proposed management personnel, whether as stockholder, director, officer, or customer, were conducted in a safe, sound, and lawful manner. (e) The reports required by subsections (a),(b), (c), and (d) of this Section 3-2 shall contain the following information to the extent that it is known by the person making the report: (1) the number of shares involved; (2) the names of the sellers (or transferors); (3) the names of the purchasers (or transferees); (4) the names of the beneficial owners if the shares are registered in another name; (5) the purchase price; (6) the total number of shares owned by the sellers (or transferors), the purchasers (or transferees) and the beneficial owners both immediately before and after the transaction; and, (7) in the case of a loan, the name of the borrower, the amount of the loan, and the name of the trust company issuing the stock securing the loan and the number of shares securing the loan. In addition to the foregoing, such reports shall contain such other information as may be available and which is requested by the Commissioner to inform the Commissioner of the effect of the transaction upon the trust company or trust companies whose stock or assets and liabilities are involved. (f) Whenever such a change as described in subsection (a) of this Section 3-2 occurs, each trust company shall report promptly to the Commissioner any changes or replacement of its chief executive officer or of any director occurring in the next 12 month period, including in its report a statement of the past and current business and professional affiliations of the new chief executive officer or directors. (g) The provisions of this Section do not apply when the change in control is the result of organizational restructuring under a holding company. (h) As used in this Section, the term "control" means the power, directly or indirectly, to direct the management or policies of the trust company or to vote 25% or more of the outstanding stock of the trust company.
39 [May 7, 2002] (Source: P.A. 92-483, eff. 8-23-01.) (205 ILCS 620/4A-15) Sec. 4A-15. Representative offices. A foreign corporation not conducting fiduciary activities may establish a representative office under the Foreign Bank Representative Office Act. At these offices, the foreign corporation may market and solicit fiduciary services and provide back
[May 7, 2002] 40 contract, or the performance of the service, whichever occurs first. The Commissioner shall be notified of each subsequent contract in the same manner. For purposes of this subsection (e), the term "fiduciary services" shall include such services as the computation and posting of interest and other credits and charges; preparation and mailing of checks, statements, notices and similar items; clerical, bookkeeping, accounting, statistical or similar functions; and any other function which the corporate fiduciary, in the ordinary course of its business, could have performed itself. Any report of examination pursuant to this Section and any copies thereof shall be the property of the Commissioner, confidential and may only be disclosed under the circumstances set forth in Section 48.3 of the Illinois Banking Act, as now or hereafter amended. (Source: P.A. 89-364, eff. 8-18-95; 90-301, eff. 8-1-97.) 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 4409 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 4720 A bill for AN ACT in relation to business transactions. 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. 4720. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4720 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Equipment Fair Dealership Law is amended by adding Section 4.5 as follows: (815 ILCS 715/4.5 new) Sec. 4.5. Warranty work. Retailers who do warranty repair work for a consumer under the provisions of a manufacturer's express warranty shall be reimbursed by the manufacturer for warranty work at an hourly rate that is the same as or greater than the hourly labor rate that the retailer charges consumers for non-warranty repair work. The provisions of this Section shall not apply to a supplier or dealer where a written dealer agreement provides for compensation to a dealer for warranty labor costs either as part of the pricing of the equipment to the dealer or in the form of a lump sum payment, provided the payment is not less than 5% of the suggested retail price of the equipment.". 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
41 [May 7, 2002] passage of a bill of the following title to-wit: HOUSE BILL 4953 A bill for AN ACT concerning motor vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4953. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4953 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Sections 1-197.5, 6-205, 6-500, 6-506, 6-514, and 11-1201 as follows: (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1) Sec. 1-197.5. Statutory summary alcohol or other drug related suspension of driver's privileges. The withdrawal by the circuit court of a person's license or privilege to operate a motor vehicle on the public highways for the periods provided in Section 6-208.1. Reinstatement after the suspension period shall occur after all appropriate fees have been paid, unless the court notifies the Secretary of State that the person should be disqualified. The bases for this withdrawal of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving under the influence of alcohol,
[May 7, 2002] 42 8. Violation of Section 11-504 of this Code relating to the offense of drag racing; 9. Violation of Chapters 8 and 9 of this Code; 10. Violation of Section 12-5 of the Criminal Code of 1961 arising from the use of a motor vehicle; 11. Violation of Section 11-204.1 of this Code relating to aggravated fleeing or attempting to elude a police officer; 12. Violation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle; 13. Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense. (b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations: 1. Of any minor upon receiving the notice provided for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code; 2. Of any person when any other law of this State requires either the revocation or suspension of a license or permit. (c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow transportation for the petitioner or a household member of the petitioner's family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare; provided that the Secretary's discretion shall be limited to cases where undue hardship would result from a failure to issue the restricted driving permit. If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the restricted driving permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer. In each case the Secretary of State may issue a restricted driving permit for a period he deems appropriate, except
43 [May 7, 2002] that the permit shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program. However, if an individual's driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period. (d) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, the Secretary of State shall revoke the driving privileges of that person. One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between the hours of 5 a.m. and 9 p.m. or as otherwise provided by this Section for a period of one year. After this one year period, and upon reapplication for a license as provided in Section 6-106, upon payment of the appropriate reinstatement fee provided under paragraph (b) of Section 6-118, the Secretary of State, in his discretion, may issue the applicant a license, or extend the restricted driving permit as many times as the Secretary of State deems appropriate, by additional periods of not more than 12 months each, until the applicant attains 21 years of age. If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the restricted driving permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's
[May 7, 2002] 44 license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The revocation periods contained in this subparagraph shall apply to similar out-of-state convictions. (e) This Section is subject to the provisions of the Driver License Compact. (f) Any revocation imposed upon any person under subsections 2 and 3 of paragraph (b) that is in effect on December 31, 1988 shall be converted to a suspension for a like period of time. (g) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code. (h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar provision of a local ordinance. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system. (i) The Secretary of State may not issue a restricted driving permit for a period of one year after a second or subsequent revocation of driving privileges under clause (a)(2) of this Section; however, one year after the date of a second or subsequent revocation of driving privileges under clause (a)(2) of this Section, the Secretary of State may, upon application, issue a restricted driving permit under the terms and conditions of subsection (c). (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; revised 8-24-01.) (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500) Sec. 6-500. Definitions of words and phrases. Notwithstanding the definitions set forth elsewhere in this Code, for purposes of the Uniform Commercial Driver's License Act (UCDLA), the words and phrases listed below
45 [May 7, 2002] Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include: (i) recreational vehicles, when operated primarily for personal use; (ii) United States Department of Defense vehicles being operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or (iii) firefighting and other emergency equipment with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations. (7) Controlled Substance. "Controlled substance" shall have the same meaning as defined in Section 102 of the Illinois Controlled Substances Act, and shall also include cannabis as defined in Section 3 of the Cannabis Control Act. (8) Conviction. "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. (9) (Blank). (10) (Blank). (11) (Blank). (12) (Blank). (13) Driver. "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a CDL. (14) Employee. "Employee" means a person who is employed as a commercial motor vehicle driver. A person who is self-employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA pertaining to employees. An owner-operator on a long-term lease shall be considered an employee. (15) Employer. "Employer" means a person (including the United States, a State or a local authority) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. A person who is self-employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA. (16) (Blank). (17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign jurisdiction that does not fall within the definition of "State". (18) (Blank). (19) (Blank). (20) Hazardous Material. Upon a finding by the United States Secretary of Transportation, in his or her discretion, under 49 App. U.S.C. 5103(a), that the transportation of a particular quantity and form of material in commerce may pose an unreasonable risk to health and safety or property, he or she shall designate the quantity and form of material or group or class of the materials as a hazardous material. The materials so designated may include but are not limited to explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. (21) Long-term lease
[May 7, 2002] 46
47 [May 7, 2002] vehicle in any state; or (3) has been disqualified from driving a commercial motor vehicle; or (4) has more than one driver's license, except as provided by this UCDLA; or (5) is subject to or in violation of an "out-of-service" order. (b) No employer or commercial motor vehicle owner shall
[May 7, 2002] 48 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period. (f) Notwithstanding any other provision of this Code, any driver disqualified from operating a commercial motor vehicle, pursuant to this UCDLA, shall not be eligible for restoration of commercial driving privileges during any such period of disqualification. (g) After suspending, revoking, or cancelling a commercial driver's license, the Secretary of State must update the driver's records to reflect such action within 10 days. After suspending or revoking the driving privilege of any person who has been issued a CDL or commercial driver instruction permit from another jurisdiction, the Secretary shall originate notification to such issuing jurisdiction within 10 days. (h) The "disqualifications" referred to in this Section shall not be imposed upon any commercial motor vehicle driver, by the Secretary of State, unless the prohibited action(s) occurred after March 31, 1992. (i) A person is disqualified from driving a commercial motor vehicle in accordance with the following: (1) For 6 months upon a first conviction of paragraph (2) of subsection (b) of Section 6-507 of this Code. (2) For one year upon a second conviction of paragraph (2) of subsection (b) of Section 6-507 of this Code within a 10-year period. (3) For 3 years upon a third or subsequent conviction of paragraph (2) of subsection (b) of Section 6-507 of this Code within a 10-year period. (4) For one year upon a first conviction of paragraph (3) of subsection (b) of Section 6-507 of this Code. (5) For 3 years upon a second conviction of paragraph (3) of subsection (b) of Section 6-507 of this Code within a 10-year period. (6) For 5 years upon a third or subsequent conviction of paragraph (3) of subsection (b) of Section 6-507 of this Code within a 10-year period. (j) Disqualification for railroad-highway grade crossing violation. (1) General rule. A driver who is convicted of a violation of a federal, State, or local law or regulation pertaining to one of the following 6 offenses at a railroad-highway grade crossing must be disqualified from operating a commercial motor vehicle for the period of time specified in paragraph (2) of this subsection (j) if the offense was committed while operating a commercial motor vehicle: (i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train, as described in subsection (a-5) of Section 11-1201 of this Code; (ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear, as described in subsection (a) of Section 11-1201 of this Code; (iii) For drivers who are always required to stop, failing to stop before driving onto the crossing, as described in Section 11-1202 of this Code; (iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping, as described in subsection (b) of Section 11-1425 of this Code; (v) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing, as described in subdivision (a)2 of Section 11-1201 of this Code; (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance, as described in subsection (d-1) of Section 11-1201 of this Code. (2) Duration of disqualification for railroad-highway grade
49 [May 7, 2002] crossing violation. (i) First violation. A driver must be disqualified from operating a commercial motor vehicle for not less than 60 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had no convictions for a violation described in paragraph (1) of this subsection (j). (ii) Second violation. A driver must be disqualified from operating a commercial motor vehicle for not less than 120 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had one other conviction for a violation described in paragraph (1) of this subsection (j) that was committed in a separate incident. (iii) Third or subsequent violation. A driver must be disqualified from operating a commercial motor vehicle for not less than one year if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had 2 or more other conviction for violations described in paragraph (1) of this subsection (j) that were committed in separate incidents.
[May 7, 2002] 50 of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train; 3. A railroad train approaching a highway crossing emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; 4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing;
51 [May 7, 2002] The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4953 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 5278 A bill for AN ACT in relation to the regulation of professions. 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. 5278. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5278 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Plumbing License Law is amended by changing Section 30 as follows: (225 ILCS 320/30) (from Ch. 111, par. 1129) Sec. 30. (1) Except as otherwise provided for in this Section, the Department shall, by rule, establish a schedule of fees for examination, registration, and licensure sufficient to offset a portion of the costs of administration and enforcement of this Act. (2) The Department may, by rule, establish a schedule of fees for the publication and mailing of the Illinois State Plumbing Code. (3) The fee for an original license or renewal of a license as a plumbing contractor is $100. (Source: P.A. 91-678, eff. 1-26-00.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5278 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 5281 A bill for AN ACT in relation to the regulation of professions. 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. 5281.
[May 7, 2002] 52 Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5281, on page 2, line 31, by replacing "$3,500,000" with "$2,000,000". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5281 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 5530 A bill for AN ACT relating to higher 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. 5530. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5530 by replacing the title with the following: "AN ACT in relation to education."; and by replacing everything after the enacting clause with the following: "Section 5. The Midwestern Higher Education Compact Act is amended by adding Section 2b as follows: (45 ILCS 155/2b new) Sec. 2b. Continuation of participation in the Midwestern Higher Education Commission. (a) The State's participation in the Midwestern Higher Education Commission, an interstate body created under the Midwestern Higher Education Compact, shall continue without interruption as provided for in this Act, notwithstanding the provisions of Executive Order Number 3 of 2002. (b) This Section is intended to supersede and nullify the provisions of subdivision II, item Y, of Executive Order Number 3 of 2002. Section 10. The Illinois Summer School for the Arts Act is amended by adding Section 1.5 as follows: (105 ILCS 310/1.5 new) Sec. 1.5. Continuation of the Illinois Summer School for the Arts. (a) The Illinois Summer School for the Arts and its Board of Trustees, established under this Act, shall continue without interruption as provided for in this Act, notwithstanding the provisions of Executive Order Number 3 of 2002. (b) This Section is intended to supersede and nullify the provisions of subdivision II, item E, of Executive Order Number 3 of 2002. Section 99. Effective date. This Act takes effect upon becoming law.".
53 [May 7, 2002] The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5530 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 5615 A bill for AN ACT in relation to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5615. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5615 on page 2, below line 8, by inserting the following: "Section 99. Effective date. This Act takes effect on July 1, 2003.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5616 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 5654 A bill for AN ACT concerning counties. 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. 5654. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5654 on page 1, below line 27, by inserting the following: "The protocol shall not interfere with reasonable attempts to preserve life, attempt resuscitation, or provide necessary medical services.". The foregoing message from the Senate reporting Senate Amendment
[May 7, 2002] 54 No. 1 to HOUSE BILL 5654 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 5794 A bill for AN ACT in relation to 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. 5794. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5794 on page 1, by deleting lines 4 through 31; and by deleting all of pages 2 through 11; and on page 12, by deleting lines 1 through 12. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5794 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 5844 A bill for AN ACT in relation to health. 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. 5844. Senate Amendment No. 2 to HOUSE BILL NO. 5844. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5844 on page 2, by replacing line 18 with the following: "Except when the federal or State statutes authorizing a program, or the federal regulations implementing a program, are to the contrary,"; and on page 3, line 26, by replacing "adopt" with "develop standards or promulgate"; and
55 [May 7, 2002] on page 4, line 7, after the period, by inserting the following: "The Department reserves the right to monitor a provider of mental health and substance abuse treatment services when the survey or inspection of an accrediting organization has established any deficiency in the accreditation standards and processes.". AMENDMENT NO. 2. Amend House Bill 5844 on page 2, by replacing lines 27 through 30 with the following: "that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (Joint Commission on Accreditation of Healthcare Organizations (JCAHO)); the Comprehensive Accreditation Manual"; and on page 2, line 31, by changing "For" to "for"; and on page 2, line 33, by changing "(COA)" to "(Council on Accreditation for Children and Family Services (COA))"; and on page 2, line 34, by changing "(CARF)" to "(the Rehabilitation Accreditation Commission (CARF))"; and on page 3, by replacing lines 4 and 5 with the following: "under any of the following: the"; and on page 3, line 7, by replacing "Accreditation Manual For" with "Comprehensive Accreditation Manual for"; and on page 3, by replacing lines 15 and 16 with the following: "following: the Comprehensive Accreditation"; and on page 3, line 17, after "the", by inserting "Comprehensive"; and on page 3, line 18, by changing "For" to "for". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 5844 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 5874 A bill for AN ACT in relation to 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. 5874. Passed the Senate, as amended, May 7, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5874 by replacing the title with the following: "AN ACT in relation to sex offenders."; and by replacing everything after the enacting clause with the following: "Section 5. The Sex Offender Registration Act is amended by changing Sections 2, 3, 4, 5, 5-5, 6, 7, 8-5, and 10 as follows: (730 ILCS 150/2) (from Ch. 38, par. 222) Sec. 2. Definitions. (A) As used in this Article,
[May 7, 2002] 56 of this Section or the attempt to commit an included sex offense, and: (a) is convicted of such offense or an attempt to commit such offense; or (b) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or (c) is found not guilty by reason of insanity pursuant to Section 104-25(c) of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (d) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to Section 104-25(a) of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or (e) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section 104-25(c) of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or (f) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section 104-25(a) of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or (2) certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or (3) subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act; or (4) found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or
57 [May 7, 2002] 11-19.2 (exploitation of a child), 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-14.1 (predatory criminal sexual assault of a child), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse), 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses. (1.5) A
[May 7, 2002] 58 conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person or a sexually violent person under any federal law, Uniform Code of Military Justice, or the law of another state or foreign country that is substantially equivalent to the Sexually Dangerous Persons Act or the Sexually Violent Persons Commitment Act shall constitute an adjudication for the purposes of this Article. (C-5) A person at least 17 years of age at the time of the commission of the offense who is convicted of first degree murder under Section 9-1 of the Criminal Code of 1961, committed on or after June 1, 1996 against a person under 18 years of age, shall be required to register for natural life. A conviction for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in subsection (C-5) of this Section shall constitute a conviction for the purpose of this Article. (D) As used in this Article, "law enforcement agency having jurisdiction" means the Chief of Police in each of the municipalities
59 [May 7, 2002] Illinois, federal, Uniform Code of Military Justice, sister state, or foreign country law. (F) As used in this Article, "out-of-state student" means any sex offender, as defined in this Section, or sexual predator who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher learning. (G) As used in this Article, "out-of-state employee" means any sex offender, as defined in this Section, or sexual predator who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more
[May 7, 2002] 60 employment.
61 [May 7, 2002] must be reported to the law enforcement agency having jurisdiction. (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; revised 12-9-99.) (730 ILCS 150/4) (from Ch. 38, par. 224) Sec. 4. Discharge of sex offender, as defined in Section 2 of this Act, or sexual predator from Department of Corrections facility or other penal institution; duties of official in charge. Any sex offender, as defined in Section 2 of this Act, or sexual predator, as defined by this Article, who is discharged, paroled or released from a Department of Corrections facility, a facility where such person was placed by the Department of Corrections or another penal institution, and whose liability for registration has not terminated under Section 7 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 10 days under this Article by the facility or institution in which he or she was confined. The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 10 days after establishing the residence, beginning employment, or beginning school. The facility shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall further advise the person in writing that the failure to register or other violation of this Article shall result in revocation of parole, mandatory supervised release or conditional release. The facility shall obtain information about
[May 7, 2002] 62 information
63 [May 7, 2002] information to the out-of-state law enforcement agency having jurisdiction in the form and manner prescribed by the Department of State Police. (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, eff. 6-28-01.) (730 ILCS 150/7) (from Ch. 38, par. 227) Sec. 7. Duration of registration. A person who has been adjudicated to be sexually dangerous and is later released or found to be no longer sexually dangerous and discharged, shall register for the period of his or her natural life. A sexually violent person or sexual predator shall register for the period of his or her natural life after conviction or adjudication if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from any such facility. Any other person who is required to register under this Article shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 10 years after parole, discharge or release from any such facility. A sex offender who is allowed to leave a county, State, or federal facility for the purposes of work release, eduction, or overnight visitations shall be required to register within 10 days of beginning such a program. Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility and if confined, at the expiration of 10 years from the date of parole, discharge or release from any such facility, providing such person does not, during that period, again become liable to register under the provisions of this Article. The Director of State Police, consistent with administrative rules, shall extend for 10 years the registration period of any sex offender, as defined in Section 2 of this Act, who fails to comply with the provisions of this Article. (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) (730 ILCS 150/8-5) Sec. 8-5. Address verification requirements. The agency having jurisdiction shall verify the address of sex offenders, as defined in Section 2 of this Act, or sexual predators required to register with their agency at least once per calendar year. The verification must be documented in LEADS in the form and manner required by the Department of State Police. (730 ILCS 150/10) (from Ch. 38, par. 230) Sec. 10. Penalty. Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 4 felony. Any person who is required to register under this Article who knowingly or wilfully gives material information required by this Article that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article. These fines shall be deposited in the Sex Offender Registration Fund. Any sex offender, as defined in Section 2 of this Act, or sexual predator who violates any provision of this Article may be tried in any Illinois county where the sex offender can be located. (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 92-16, eff. 6-28-01.) Section 10. The Sex Offender and Child Murderer Community Notification Law is amended by changing Sections 105, 117, and 120 as follows: (730 ILCS 152/105) Sec. 105. Definitions. As used in this Article, the following definitions apply:
[May 7, 2002] 64 "Child care facilities" has the meaning set forth in the Child Care Act of 1969, but does not include licensed foster homes. "Law enforcement agency having jurisdiction" means the Chief of Police in the municipality in which the sex offender expects to reside (1) upon his or her discharge, parole or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no Police Chief exists or if the offender intends to reside in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register. "Sex offender" means any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred on or after June 1, 1996, and whose victim was under the age of 18 at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act; and any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred on or after June 1, 1997, and whose victim was 18 years of age or older at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act. "Sex offender" also means any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred before June 1, 1996, and whose victim was under the age of 18 at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act; and any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred before June 1, 1997, and whose victim was 18 years of age or older at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act. "Juvenile sex offender" means any person who is adjudicated a juvenile delinquent as the result of the commission of or attempt to commit a violation set forth in item (B), (C), or (C-5) of Section 2 of the Sex Offender Registration Act, or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, and whose adjudication occurred on or after the effective date of this amendatory Act of the 91st General Assembly. (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) (730 ILCS 152/117) Sec. 117. The Department of State Police shall promulgate rules to develop a list of sex offenders covered by this Act and a list of child care facilities,
65 [May 7, 2002] offender is required to register or is employed. (a-2) The sheriff of Cook County shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender Registration Act: (1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in LEADS, other than the City of Chicago, where the sex offender is required to register or is employed; and (2) Child care facilities located within the region of Cook County, as those child care facilities are identified in LEADS, other than the City of Chicago, where the sex offender is required to register or is employed; and (3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county, other than the City of Chicago, where the sex offender is required to register, resides, is employed, or attending an institution of higher education. (a-3) The Chicago Police Department shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender Registration Act: (1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the police district where the sex offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and (2) Child care facilities located in the police district where the sex offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and (3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the police district where the sex offender is required to register, resides, is employed, or attending an institution of higher education in the City of Chicago. (a-4) The Department of State Police shall provide a list of sex offenders required to register to the Illinois Department of Children and Family Services. (b) The Department of State Police and any law enforcement agency may disclose, in the Department's or agency's discretion, the following information to any person likely to encounter a sex offender, or sexual predator
[May 7, 2002] 66 writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of sex offenders where any victim was 13 years of age or younger and who are required to register in the municipality or county under the Sex Offender Registration Act in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those sex offenders on the Internet or on television. The law enforcement agency may make available the information on all sex offenders residing within any county. (d) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place the information specified in subsection (b) on the Internet or in other media. (e) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, only provide the information specified in subsection (b), with respect to an adjudicated juvenile delinquent
67 [May 7, 2002] HOUSE BILL NO. 4187 A bill for AN ACT concerning college savings. HOUSE BILL NO. 4208 A bill for AN ACT in relation to children. HOUSE BILL NO. 4245 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 4337 A bill for AN ACT concerning property taxes. HOUSE BILL NO. 4351 A bill for AN ACT regarding higher education student assistance. HOUSE BILL NO. 4451 A bill for AN ACT concerning workers' compensation. HOUSE BILL NO. 4454 A bill for AN ACT concerning veterans. HOUSE BILL NO. 4457 A bill for AN ACT in relation to military affairs. Passed by the Senate, May 7, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 4466 A bill for AN ACT in relation to education. HOUSE BILL NO. 4472 A bill for AN ACT in relation to vehicles. HOUSE BILL NO. 4473 A bill for AN ACT in relation to criminal matters. HOUSE BILL NO. 4696 A bill for AN ACT in relation to public health. HOUSE BILL NO. 4889 A bill for AN ACT concerning the regulation of professions. HOUSE BILL NO. 4890 A bill for AN ACT concerning farm products. HOUSE BILL NO. 4916 A bill for AN ACT concerning professional regulation. HOUSE BILL NO. 4956 A bill for AN ACT in relation to transportation. HOUSE BILL NO. 4974 A bill for AN ACT concerning motor vehicle decals. HOUSE BILL NO. 4988 A bill for AN ACT concerning municipalities. HOUSE BILL NO. 5557 A bill for AN ACT to implement recommendations of the Illinois
[May 7, 2002] 68 Environmental Regulatory Review Commission. HOUSE BILL NO. 5606 A bill for AN ACT concerning the comprehensive health insurance plan. HOUSE BILL NO. 5627 A bill for AN ACT concerning land conveyances. HOUSE BILL NO. 5681 A bill for AN ACT concerning the State's Attorneys Appellate Prosecutor. HOUSE BILL NO. 5779 A bill for AN ACT in relation to taxation. HOUSE BILL NO. 5807 A bill for AN ACT concerning organ donation. HOUSE BILL NO. 5822 A bill for AN ACT in relation to certain financial service providers. HOUSE BILL NO. 5860 A bill for AN ACT relating to corporate fiduciaries. HOUSE BILL NO. 5934 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 5939 A bill for AN ACT concerning schools. HOUSE BILL NO. 6002 A bill for AN ACT relating to higher education. Passed by the Senate, May 7, 2002. Jim Harry, Secretary of the Senate RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 862 Offered by Representative Watson: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Byron Holkenbrink, who recently passed away; and WHEREAS, Byron Holkenbrink served as Jacksonville's first full-time mayor from 1963 through 1969; and WHEREAS, Byron Holkenbrink was born on November 30, 1903 in Jacksonville, Illinois, to Benjamin and Rosetta Summers Holkenbrink; he attended Marquette University and Hardin Brown Business College; and WHEREAS, Mr. Holkenbrink was first elected mayor in a special election in November 1963 to replace then mayor Raymond S. Watson; he was re-elected in April 1965; and WHEREAS, Mr. Holkenbrink was Jacksonville fire chief before being elected mayor; in addition, he worked in the grocery business from 1929 through 1963, the last 20 years as the owner of a neighborhood grocery store in Jacksonville; and WHEREAS, Mr. Holkenbrink worked with State and national legislative commissions, he served as executive director for several area agencies, including the Morgan County United Way, Jacksonville's Department of
69 [May 7, 2002] Urban Renewal, and the Illinois Law Enforcement Commission; he also served as a board member for numerous area organizations, including the Jacksonville Police and Fire Commission, the Jacksonville Area Chamber of Commerce, Jacksonville Area Industrial Corp., the Illinois Police Training Commission, the Illinois Municipal League, and the Visiting Nurses Association; and WHEREAS, Mr. Holkenbrink was a past president of the Central Illinois Mayors Association, as well as the Jacksonville Rotary Club; he served as a board member and treasurer of Elm City Rehabilitation Center and was a chairman of a capital fund-raising campaign for the Barton Stone nursing home; and WHEREAS, Mr. Holkenbrink did extensive volunteer work in a variety of areas after his retirement, particularly at Passavant Area Hospital, where he was honored as volunteer of the year; and WHEREAS, As a young man, Mr. Holkenbrink traveled and worked extensively in the West and ventured as far south as the Panama Canal and as far north as Alaska; he settled in Jacksonville after marrying Vivian Boston in 1925; his wife, and his daughter, Carol (Russell H.) Walton preceded him in death; and WHEREAS, The passing of Mr. Holkenbrink will be mourned by his two grandchildren, his six great-grandchildren, his great-great granddaughter, his nieces and nephews, and his friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our deep sorrow, along with all who knew him, at the death of former mayor Bryon Holkenbrink of Jacksonville; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Byron Holkenbrink with our sincere condolences. HOUSE RESOLUTION 863 Offered by Representative Righter: WHEREAS, The Sarah Bush Lincoln Health Center opened its doors on Mother's Day 1977 as a facility committed to medical excellence for the people of East Central Illinois; more than 38,000 area residents contributed to the building and equipping of the facility; and WHEREAS, A feasibility study initiated in 1968 examined the opportunities for the merger of Mattoon Memorial Hospital and Charleston Community Hospital, the two hospitals serving Coles County; in the summer of 1970, the Charleston-Mattoon Area Medical Planning Council began meeting to plan a regional hospital for East Central Illinois; a 75-acre tract of land was chosen on Illinois Route 16 between the two communities and a new name, Sarah Bush Lincoln Health Center, was chosen to reflect the region's past; and WHEREAS, Sarah Bush Lincoln was President Abraham Lincoln's stepmother; she and President Lincoln's father, Thomas, made their home in southern Coles County from the early 1830s until their deaths; and WHEREAS, The Health Center is a testimonial to the concern and cooperation of the individuals and communities who helped raise funds for its construction; the Health Center is a not-for-profit, regional medical facility offering a full range of general secondary care services; as a secondary care facility, the Health Center is equipped to provide the more advanced and sophisticated treatment and diagnostic procedures not typically available in a physician's office; and WHEREAS, The Sarah Bush Lincoln Health Center has grown into a comprehensive and modern health care organization serving more than 55,000 patients each year; its highly trained and competent staff of physicians, nurses, technicians and support staff, as well as new equipment and advanced technologies, enable the Health Center to provide quality health care services to the communities in East Central Illinois; and WHEREAS, The Sarah Bush Lincoln Health Center's active and consulting medical staff includes approximately 140 physicians representing a wide variety of specialties; and WHEREAS, The mission of Sarah Bush Lincoln Health Center is to
[May 7, 2002] 70 provide medical care and improve the health status of people in East Central Illinois; and WHEREAS, The Sarah Bush Lincoln Health Center will be celebrating its 25th anniversary of service to the residents of East Central Illinois on May 10, 2002; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Sarah Bush Lincoln Health Center on the occasion of its 25th anniversary of dedicated and committed service to the residents of East Central Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Sarah Bush Lincoln Health Center as an expression of our esteem. HOUSE RESOLUTION 867 Offered by Representative McGuire: 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 Dr. James H. Clark will be retiring from his position as Superintendent of Joliet Township High School at the end of the 2001-2002 school year; and WHEREAS, A resident of Shorewood, Illinois, Dr. Clark earned his bachelor's degree from Manchester College, his master's degree from Purdue University, a Certificate of Advanced Study and his Doctorate in Educational Administration from the University of Illinois; and WHEREAS, Dr. Clark has served Joliet Township High School as Superintendent since 1996; he previously served as Assistant Superintendent for Educational Services for Joliet Township High School from 1993 to 1996, as Principal of Lockport Township High School, Central Campus, from 1986 to 1993, as Assistant Principal of Thornton Township High School from 1982 to 1986, as Chairperson of the Speech Department at Thornton Township High School from 1972 to 1982, and as a teacher of speech, drama, and English at Marion Community High School in Marion, Indiana, from 1965 to 1972; he currently is an Adjunct Instructor at Aurora University and Governors' State University since 1999; and WHEREAS, Dr. Clark is a member of several professional associations, including the American Association of School Administrators, the Association of Supervision and Curriculum development, the Illinois Association of School Administrators, the Illinois Association of Supervision and Curriculum Development, Phi Delta Kappa, the Illinois Learning Partnership, the Illinois Learning Partnership - Advisory Committee, the University of Illinois Educational Administrators Alumni Association Board, and the Midewin Prairie Learning Partnership; and WHEREAS, The presence of Dr. Clark will be dearly missed by the faculty, staff, and students, both past and present, of the Joliet Township High School community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. James H. Clark on his retirement as Superintendent of Joliet Township High School 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 Dr. James H. Clark as an expression of our esteem. HOUSE RESOLUTION 868 Offered by Representative Wirsing: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that William Stahl is retiring from the Somonauk Community Fire Prevention District after 54 years of dedicated service as a trustee; and
71 [May 7, 2002] WHEREAS, Mr. Stahl was one of the very first trustees for the Somonauk Fire Prevention District when it was founded in 1948; and WHEREAS, Mr. Stahl immigrated with his family from Germany in 1912 and settled near Belvidere, Illinois, before moving to Somonauk in 1914, where he sold fuel to farmers for most of his life; and WHEREAS, William Stahl, who is celebrating his 95th birthday in May, continued to be very active in the fire prevention district until recently; and WHEREAS, William Stahl will be honored by the Somonauk Fire Prevention District on May 7, 2002, in recognition of his 54 years of dedicated and loyal service as a trustee; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate William Stahl on his retirement as a trustee for the Somonauk Fire Prevention District for the past 54 years, and we wish him well on the celebration of his 95th birthday; and be it further RESOLVED, That a suitable copy of this resolution be presented to William Stahl as an expression of our esteem. HOUSE RESOLUTION 870 Offered by Representative Osterman: WHEREAS, The members of the Illinois House of Representatives wishes to congratulate Rabbi Herman E. Schaalman on receiving the prestigious Order of Lincoln Award from the Lincoln Academy of Illinois for his lifelong devotion and dedication to the betterment of mankind and for his leadership and humanitarian efforts for the residents of Illinois; and WHEREAS, The Lincoln Award honors those individuals whose contributions to the betterment of mankind have been accomplished in or on behalf of the State of Illinois, or whose achievements have brought honor to the State because of their identity with it, or by their dedication to those principles of democracy and humanity as exemplified by the great Abraham Lincoln; and WHEREAS, Rabbi Herman E. Schaalman was born in 1916 in Munich, Germany; he is married to Lotta, and the father of Susan Youdovin and Michael Schaalman, the grandfather of five, and great-grandfather of one; he was ordained in 1941 as Rabbi at the Hebrew Union College-Jewish Institute of Religion in Cincinnati; and WHEREAS, Rabbi Schaalman's first pulpit was in Cedar Rapids, Iowa, where he served from 1941-1949; while there he taught at Cornell College in Mt. Vernon as an adjunct professor and at Coe College in Cedar Rapids; he also created a radio program with the editor of the newspaper and the President of Coe College; and WHEREAS, Having served on a temporary basis as director of the Midwest Federation of the Union of American Hebrew Congregations (UAHC) while in Cedar Rapids, he was asked by then President of the UAHC, Maurice N. Eisendrath, to become the regional Director of the Union in Chicago and the Midwest area; he assumed that position in 1949; and WHEREAS, Soon after his arrival in Chicago, Rabbi Schaalman was able to pursue a vision of creating a camp for the young people of the Reform Movement; he served as its director in 1950-1951 and continues to serve on the Board of Governors of the Union Institute and on the National Camp Committee of the Union; this eventuated in the acquisition of what is now known as the Olin-Sang-Ruby Union Institute at Oconomowoc, Wisconsin, a retreat and camp ground for young people and adults during the entire year; and WHEREAS, With his knowledge and expertise, Rabbi Schaalman was instrumental in establishing like sites throughout the entire community; and WHEREAS, Herman Schaalman was elected Senior Rabbi of Emanuel Congregation in 1955, succeeding the renowned Rabbi Felix Levy and served in this position until 1986 when he became Rabbi Emeritus, a position he holds to this day; and WHEREAS, In Chicago, the Rabbi continued his academic pursuits, sponsored in part by the Jewish Chautauqua Society, at such places as
[May 7, 2002] 72 Barat College, DePaul University, the Divine Word Seminary, and North Park Seminary; he has been and is an adjunct professor at Garret Evangelical Theological Seminary at Northwestern University since 1957 and at Chicago Theological Seminary on the campus of the University of Chicago since 1986; and WHEREAS, Rabbi Schaalman served three terms on the Board of Directors of the Jewish Federation of Metropolitan Chicago; he is currently the chair of the Advisory Committee of the American Jewish Committee and a member of the National Jewish Communal Affairs Committee; he is a past president and current board member of the Chicago Board of Rabbis, the Chicago Association of Reform Rabbis, the Central Conference of American Rabbis, the Council of Religious Leaders of Metropolitan Chicago, the Jewish Council on Urban Affairs, and the Edgewater Association of Clergy and Rabbis; and WHEREAS, Rabbi Schaalman is a member of the Human Relations Commission of the city of Chicago, the Education Committee of the National Holocaust Manorial in Washington, D.C., and the Board of the Millennium Institute; he served on the Board of Overseers of the Hebrew Union College- Jewish Institute of Religion and was Vice-President of the World Union for Progressive Judaism and the Association of Reform Zionists of America; he also served as the first chairman of the broadcasting commission of the Chicago Board of Rabbis and hosted some of its television programs; and WHEREAS, Rabbi Schaalman served as Chairman of the Ethics Committee of the Central Conference of American Rabbis, the Committee on Mixed Marriage of the CCAR, and the Committee on Patrilineal Descent of the CCAR; and WHEREAS, In 1969 Rabbi Schaalman received an honorary degree of Doctor of Divinity from the Hebrew Union College-Jewish Institute of Religion; in 1995 the late Cardinal Bernadin conferred upon him the Degree of Laureate in Ecumenism of the Archdiocese of Chicago and received an Honorary Doctoral Degree from the Catholic Theological Union of Chicago in 2000; in addition, the President of Germany conferred upon him in 1991 the Order of Merit, First Class; and WHEREAS, Rabbi Schaalman was an honoree of the Hebrew University of Jerusalem and of the Israel Cancer Research Association; he was inducted into the Hall of Fame of the Jewish Community Centers and was named as Outstanding Foreign Born Citizen of Chicago by the Immigrant Service League; in addition, the Rabbi is a member of the Executive Committee of the Council of the Parliament of Word Religions; in January of 1999, the City of Chicago named the block of Sheridan Road in front of Emmanuel Congregation in honor of Rabbi and Mrs. Schaalman; and WHEREAS, The late Cardinal Bernadin had designated the Rabbi to conduct a Memorial for him in the Cathedral on the second day of his lying in state, a historically unprecedented happening; the Rabbi is also a member of the Catholic-Jewish Scholars Dialogue; and WHEREAS, Rabbi Herman Schaalman has shown human dignity and kindness to all that he has come in contact with, and enriched the lives of many through his divine leadership and human compassion; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Rabbi Herman E. Schaalman on receiving the prestigious Order of Lincoln Award from the Lincoln Academy of Illinois for his lifelong devotion and dedication to the betterment of mankind; and be it further RESOLVED, That a suitable copy of this resolution be presented to Rabbi Herman E. Schaalman as an expression of our esteem. HOUSE RESOLUTION 871 Offered by Representatives Kosel - Daniels - Madigan: WHEREAS, Southern Illinois University School of Dental Medicine has distinguished itself by the performance of its students on national boards and placed itself in the national elite of dental schools; and WHEREAS, The dental students, like those in 52 other schools across
73 [May 7, 2002] the country, take National Board Exams each year; this year the seniors ranked fourth nationally; and WHEREAS, This outstanding performance is a tribute to hardwork and dedication of the faculty and students of Southern Illinois University School of Dental Medicine; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the students, faculty, and staff of the Southern Illinois University School of Dental Medicine on the excellent job of representing themselves, the University, and the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Patrick Ferrillo, Dean of the Southern Illinois University School of Dental Medicine, and to the members of the Class of 2002. HOUSE RESOLUTION 872 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations and appreciation to the Ronald McDonald House Charities on their anniversary of 25 years of service; and WHEREAS, Ronald McDonald House Charities offers a "home-away-from-home" for the families of seriously ill children being treated at nearby hospitals; and WHEREAS, Ronald McDonald House Charities first opened in Philadelphia in 1974; and WHEREAS, Today 216 Ronald McDonald Houses are open in over 20 countries with more than 5,000 bedrooms available for families every night; and WHEREAS, Each chapter of the Ronald McDonald House is run by a local nonprofit organization comprised of members of the medical community, business and civic leaders, parents, Ronald McDonald's owners and operators, and over 25,000 volunteers; and WHEREAS, On April 28, 2002, The Ronald McDonald House near Children's Memorial Hospital in Chicago will celebrate its 25th anniversary; and WHEREAS, This house was the second Ronald McDonald House to open in the world; and WHEREAS, Over 35,000 families of pediatric patients have been accommodated in Illinois through Ronald McDonald House Charities; and WHEREAS, In Illinois, Ronald McDonald House Charities has awarded nearly $60 million in grants; and WHEREAS, Since 1974, having served over two million families whose children are receiving medical attention for serious health conditions, Ronald McDonald House has created a place where families can receive emotional support from other families in similar situations; and WHEREAS, We recognize the efforts of the Ronald McDonald House Charities who have rendered a service of tremendous compassion for millions of children and their families not only in Illinois but across the nation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations and appreciation to the Ronald McDonald House Charities; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Illinois chapters of the Ronald McDonald House Charities and the Ronald McDonald Houses in Illinois. HOUSE RESOLUTION 873 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations to the Fenton High School Band of Bensenville on its 75th anniversary of music and its Diamond Jubilee Celebration; and WHEREAS, Community High School District 100 was formed in 1925, and the new Bensenville Community High School was completed in 1927 and
[May 7, 2002] 74 served the community until 1955 when Fenton High School was constructed and opened its doors; and WHEREAS, The Fenton High School Band, formerly known as the Bensenville Community High School Band, was originally founded in 1926; and WHEREAS, Since 1955, the band has toured every two years, including completing numerous tours in Europe, including Switzerland, Great Britain, Germany, and Austria; and WHEREAS, Fenton's band was the first amateur group ever invited to perform at the Montreux Jazz Festival in Montreux, Switzerland, a world-renowned jazz festival; and WHEREAS, The reputation of the band is further enhanced by the award winning soloists and ensembles which have repeatedly received award recognition in state and national competitions; and WHEREAS, The band's talent has been showcased in many state contests, winning first place in the National Division twice; and WHEREAS, Fenton has received 27 first place awards for its outstanding band in the Illinois State Division; and WHEREAS, Throughout 75 years the band has been a focal point for civic pride in our community; and WHEREAS, The Director of Instrumental Music, Mr. Fred Lewis, has built a strong program based on 44 years of service to the high school; and WHEREAS, The band and its members throughout the years have been recognized for their quality of music and their abilities as musicians; and WHEREAS, We recognize the efforts of the musicians, director, school, and community in its achievement and for maintaining such a high level stature in the music world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations to the Fenton High School Band; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Director of Instrumental Music, Mr. Fred Lewis, and also to the Fenton High School Band. HOUSE RESOLUTION 874 Offered by Representative Currie: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Joan Linton Ritter of Springfield, who passed away April 9, 2002; and WHEREAS, Joan Ritter was born April 15, 1915, and was a life-long resident of Springfield; in 1934, after graduating from Brown's Business College in Springfield, she began her nearly 60-year career in Illinois government working for the steno pool in the House of Representative Clerk's Office; after leaving that position in 1939, she worked for many different institutions and offices within the State, some of which no longer exist or have been renamed; in 1971, Joan Ritter became the legislative secretary to Representative John A. Matijevich and this legislative partnership lasted until after the redistricting in 1992; she continued working until 1994 in the House transcribing office; and WHEREAS, Joan Ritter was a true blue Democrat, a Roosevelt Democrat, and loved politics, the personalities, and the rascals; after her retirement, she continued her interest in government with an expertise garnered from watching CNN, C-Span, and other news channels; and WHEREAS, Joan Ritter loved her family above all else; she raised two families, her own daughters, and when family circumstances required, she made a permanent home for her two grandchildren; in her mid 70s, she dealt with two spirited teenagers; and WHEREAS, Besides her career and family, Joan Ritter loved her roses, and the Chicago Bulls; she was a supporter of old-fashioned traditions like fresh Christmas trees, standing at the door and waving to company as they left, and extravagant Sunday family dinners; she had
75 [May 7, 2002] nearly 150 rose bushes in her garden, and lovingly cared for them in a way only a good mother could; and WHEREAS, Joan Ritter supported her Chicago Bulls throughout the 1990s and was a huge Michael Jordan fan; when he made his return to the National Basketball Association, Joan Ritter became a Washington Wizards fan; and WHEREAS, From the moment Joan Ritter saw Elton John in a baby blue tuxedo that matched her outfit at a concert her daughter, Linda, took her to in Springfield at the age of 84, she became an Elton John fan; and WHEREAS, Joan Ritter's Yorkshire Terrier, Spike, was her constant companion at home; she was very pleased when he was able to visit her in her last few days at the Hospice; and WHEREAS, Joan Ritter will be deeply missed by all those who knew her and loved her, especially her daughter, Linda Taylor-Piccioli; her two grandchildren, Misti McCoy Gage and Nick McCoy; and her great granddaughter, Alexis Nichole Gage; she was preceded in death by her daughter, Marilyn McCoy; 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 those who knew her and loved her, the passing of Joan Linton Ritter; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Joan Linton Ritter with our most sincere condolences. HOUSE RESOLUTION 875 Offered by Representatives Krause - Bassi: WHEREAS, The members of the Illinois House of Representatives are honored to recognize the 50th Anniversary of Our Lady of the Wayside Parish in Arlington Heights; and WHEREAS, Our Lady of the Wayside Parish was founded in 1952 when the Reverend Harold T. O'Hara was assigned by Archbishop Samuel Cardinal Strich to establish a second parish in Arlington Heights; with 250 families under his guidance and a large tract of land on the corner of Mitchell and Park, the newly appointed Pastor O'Hara wisely chose to link his fledgling parish to the antique past by naming it Our Lady of the Wayside; and WHEREAS, The devotion to Our Lady under this title dates back to about the 5th century; Mary's image was frescoed on a piece of stone taken from an ancient Roman building; the stone was moved from one road to another road, hence the name, Our Lady of the Wayside; and WHEREAS, Anchored deeply in the history and devotions of the Roman Catholic Church, the physical development of Our Lady of the Wayside Parish reflects the history and social development of the post-World War II Catholic Church in the American suburbs; and WHEREAS, Mass was first celebrated in July 1952 in the small gym of the old South Junior High School; May 24, 1953, the feast of Our Lady of the Wayside, was appropriately chosen to break ground for the new parish building that was to be a combination school, church, convent, and meeting hall; on September 10, 1954 the school opened with 300 students; by 1956, 1000 students filled the school to capacity; and WHEREAS, The parish celebrated its first Mass in the permanent church on Sunday, September 29, 1957; the new church was built in a modified Romanesque style with an exterior of Indiana limestone to conform with the school and the convent; and WHEREAS, Our Lady of the Wayside Parish has been an invaluable member of the Arlington Heights community for the past 50 years; it continues to provide many outreach programs that benefit the community, including a weekly homeless shelter, senior ministries, St. Vincent DePaul Society, and many youth activities; currently, more than 3,000 families are registered to the parish with more than 750 students educated at the school; and WHEREAS, To commemorate the golden anniversary of Our Lady of the Wayside, the parish will host a year-long celebration under the theme, "Remember, Celebrate, and Believe"; the parish's anniversary year will
[May 7, 2002] 76 kick-off on June 30, 2002, which marks the 50th anniversary of the date Father O'Hara was assigned to start Our Lady of the Wayside; it will be a year-long celebration culminating in the closing celebration Mass with Cardinal Francis George on May 24, 2003, the Feast of Our Lady of the Wayside; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Our Lady of the Wayside Parish on the celebration of its 50th anniversary of service and contribution to the residents of Arlington Heights; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Reverend Vincent Costello, Pastor of Our Lady of the Wayside Parish, as an expression of our esteem. HOUSE RESOLUTION 876 Offered by Representative McCarthy - Crotty: WHEREAS, It has come to our attention that Thomas Dubelbeis has retired after more than ten years of dedicated and outstanding service as a Trustee in the Village of Orland Park; and WHEREAS, Mr. Dubelbeis has resigned to avoid any conflict of interest in operating his newest business venture, Sam McGuire's Pub and Restaurant; and WHEREAS, Mr. Dubelbeis graduated from St. Sabina Grade School, De LaSalle High School, and received his bachelor's degree from Chicago Teacher's College; and WHEREAS, Mr. Dubelbeis was an outstanding member of Beta Sigma Alpha during his college days at Chicago Teacher's College; and WHEREAS, Tom Dubelbeis married Therese Rohan on April 18, 1975, and has two beautiful daughters, Eileen and Susan; and WHEREAS, Tom Dubelbeis has been an outstanding citizen and contributor to the Village of Orland Park since he and his family arrived in 1983; and WHEREAS, September 4, 2001, was proclaimed Thomas M. Dubelbeis Day in the Village of Orland Park; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Thomas M. Dubelbeis for his significant and many contributions to the citizens of Orland Park, and we wish him continued success in his newest business endeavor, Sam McGuire's Pub and Restaurant; and be it further RESOLVED, That a suitable copy of this resolution be presented to Thomas M. Dubelbeis as an expression of our esteem. HOUSE RESOLUTION 877 Offered by Representative Bradley: WHEREAS, Forty years ago, residents of neighborhoods in the North River area community of Chicago came together to form North River Commission; and WHEREAS, Assisted by institutions like North Park College (now University), Swedish Covenant Hospital, and the National Bank of Albany Park (now ALBANK) and led by Dr. J. William Fredrickson of North Park College, North River Commission was created as an umbrella organization; its purpose was to unite residents, churches, temples, and businesses to work together to address the issues of the community; at its heart were civic groups that had been working on community issues for years, groups like Ravenwood Manor Improvement Association, North Mayfair Improvement Association, and Hollywood North Park Community Association; and WHEREAS, Over time, River North Commission grew to more than 100 civic organizations, businesses, and institutions working together to improve the River North area; it's many accomplishments include the creation of North Park Village on the site of the Municipal Tuberculosis Sanitarium; the revitalization of Lawrence Avenue, the rehabilitation of slum buildings that are maintained as affordable housing, and the construction and maintenance of schools; as a result
77 [May 7, 2002] of the combine efforts of united civic organizations, neighborhoods were stabilized and became a safer and cleaner place to live; and WHEREAS, Today, River North Commission continues its mission by developing affordable housing for residents threatened by gentrification through the work of the North River Housing Development Corporation; continuing the renewal of commercial areas in the North River area through the work of the Lawrence Avenue Development Corporation and the Albany Park Chamber of Commerce, increasing parent participation in schools and dealing with issues of school improvement by doing area-wide planning through the North River Commission Education Task Force, developing a new Arts Environment Center at North Park Village with the North Park Village Advisory Council, and addressing issues of neighborhood safety, city and park programs and services, and events and projects for improvement through the work of the North River Commission organizing project; and WHEREAS, Together, the members of the North River Commission have attracted more than $150 million of investment, created or retained more than 3,500 jobs, and renovated or built more than 1,400 housing units; more importantly, however, every day plans and dreams of the North River community are transformed into reality by people organizing themselves to improve the quality of life for all; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the North River Commission for its dedication, commitment, and contribution to the residents of the neighborhoods in the North River area communities for the past 40 years; and be it further RESOLVED, That a suitable copy of this resolution be presented to the River North Commission as an expression of our esteem. HOUSE RESOLUTION 878 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations to the DuPage Mayors and Managers Conference on the occasion of their 40th anniversary; and WHEREAS, The DuPage Mayors and Managers Conference was established in June 1962 by the communities of Elmhurst, Glen Ellyn, Lombard, Villa Park, and Wheaton to formalize their working relationship in DuPage County; and WHEREAS, By 1969, the Conference was representing the interests of more than 300,000 people living in the region; and WHEREAS, The DuPage Mayors and Managers Conference stands as a model of intergovernmental cooperation; and WHEREAS, The founding members of the Conference envisioned the strength they would have in working jointly to address problems faced by municipalities in DuPage County, thereby accomplishing long-range goals and plans which would benefit all; and WHEREAS, The Conference serves it's members and the region by promoting excellence in municipal government; and WHEREAS, The Conference voices municipal concerns on local, regional, State, and national issues in a variety of forums; and WHEREAS, The Conference evaluates pending State and federal legislation and its impact on municipalities; and WHEREAS, Some examples of early problems that required municipal attention included insufficient and inferior water supplies, waste, water treatment, and transportation management issues; and WHEREAS, The Conference maintains a clear objective to this day, to jointly examine mutual issues of concern and, whenever feasible, to unite to pursue a course of action which will prove beneficial to the citizens of the county; and WHEREAS, The thirty-six municipal members of the DuPage Mayors and Managers Conference represent over one million citizens of the great State of Illinois; and WHEREAS, The original mission of the Conference lives on today
[May 7, 2002] 78 through the vision and leadership of the elected officials and village managers of DuPage County; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we offer our congratulations to the DuPage Mayors and Managers Conference on their 40th anniversary; and be it further RESOLVED, That a suitable copy of this resolution be presented to the President of the DuPage Mayors and Managers Conference, the Honorable Thomas Marcucci. HOUSE RESOLUTION 879 Offered by Representative McGuire: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Donald Gould is retiring from his position as the Director of the Will County Emergency Management Agency after 23 years of service; and WHEREAS, Mr. Gould began his career with the Will County Emergency Management Agency as the Civil Defense Director from 1969 to 1975; from 1985 to 2002 he served as the Emergency Management Director; and WHEREAS, During his career Mr. Gould conducted the first exercise for the newly started Braidwood Nuclear Power Station, formed the first Hazardous Materials Response Team for Will County and was a speaker in 1986 at the National Governors Association meeting in Washington D.C. on the formations of Local Emergency Planning Committees; he worked with the United States Army Corps of Engineers and the Federal Government to utilize warm water from the Dresden Cooling Pond to melt ice on the Kankakee River to prevent springtime thaw flooding and implemented the first In-Door Telephone Warning Notification System for Will County and WillWarn Countywide Warning Network, which allows all dispatch center and community emergency operations centers to speak to one another during emergency and disaster situations; and WHEREAS, In addition, Mr. Gould, who has received certification as a certified emergency manager from the International Association of Emergency Planners, negotiated with Commonwealth Edison to pay for the majority of the Emergency Operations Center, which included a generator for the County Office Building; he is a member of the American Society of Professional Emergency Planners, and implemented an efficient Countywide 800 Trunked Radio System for Will County; and WHEREAS, Mr. Gould was the first Chairman of the Will County 9-1-1 and has been a board member since 1990; he has served as past president and treasurer of the Illinois Emergency Services Management Association, he is a member of the Chemical Industry Council of Illinois, and the Chairman of the Will County Radio System Board; in addition, he formed the Will County Local Emergency Planning Committee and serves as Emergency Planning Coordinator/Vice Chairman; and WHEREAS, Donald Gould will be honored by the Will County Board of Directors on May 16, 2002 in recognition of his 23 years of dedicated service and commitment to the residents of Will County; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Donald Gould on his retirement after 23 years of service as Director of the Will County Emergency Management Agency 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 Donald Gould as an expression of our esteem. RECALLS By unanimous consent, on motion of Representative O'Connor, SENATE BILL 1704 was recalled from the order of Third Reading to the order of Second Reading and held on that order.
79 [May 7, 2002] 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 Mathias, SENATE BILL 1540 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Biggins, SENATE BILL 1666 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: 89, Yeas; 23, Nays; 1, Answering Present. (ROLL CALL 3) 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 Feigenholtz, SENATE BILL 1756 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Jerry Mitchell, SENATE BILL 1777 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 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 Lou Jones, SENATE BILL 1795 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 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. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 866
[May 7, 2002] 80 Offered by Representative Biggins: WHEREAS, The nation of Israel and its citizens have long been the targets of terrorist attacks and these activities have killed or injured thousands of Israeli citizens; and WHEREAS, Innocent Israeli citizens, including women and children, have increasingly become the preferred targets of militant Palestinian homicide bombers; and WHEREAS, These homicide bombers attack Israeli citizens with no regard to their noncombatant civilian status in an attempt to terrorize and coerce the government of Israel; and WHEREAS, These homicide bombers are attempting to undermine the good intentions of the majority of Israelis and Palestinians who choose to work nonviolently toward peace; and WHEREAS, These homicide bombers are using increasingly sophisticated weaponry, indicating that they are receiving increased financial and political support; and WHEREAS, Those who supply terrorists are as much enemies of the United States as those who would use murder to strike fear into the heart of a peaceful nation; and WHEREAS, Terrorist groups frequently recruit women and children to serve as homicide bombers and promote a culture of violence by training children to grow up to become homicide bombers; and WHEREAS, Militant Palestinians celebrate these terrorists as "martyrs" and praise their heinous acts as "heroic"; and WHEREAS, Palestinian leader Yasser Arafat has failed to condemn these murderous attacks against innocent Israeli civilians; and WHEREAS, Neither the United States nor Israel will be intimidated by brutal attacks against citizens by a terrorist organization; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express appreciation to the President of the United States, George W. Bush, for his condemnation of the vicious terrorist acts committed against the nation of Israel, and we urge him to continue to support Israel in the future in its fight against terrorism; and be it further RESOLVED, That a suitable copy of this resolution be sent to President George W. Bush and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 869 Offered by Representative Moffitt: WHEREAS, The community college system in the State of Illinois is committed to providing the citizens of Illinois with high-quality, cost-effective, and accessible postsecondary education; and WHEREAS, Approximately one out of every 12 Illinois citizens enhances his or her education through one of the 48 community colleges in this State; and WHEREAS, Illinois community colleges work with each other and collaborate with public and private universities in this State to make transfer of earned credit hours between institutions of higher education successful for the citizens of Illinois; and WHEREAS, A primary objective of the Illinois community college system is to make postsecondary education readily available for all students, regardless of age; and WHEREAS, Illinois community colleges rise to the challenge of "reskilling" Illinois' work force by helping working adults develop higher levels of basic and technical skills; and WHEREAS, Using two-way interactive video technology, the Illinois community college system has built multiple partnerships with postsecondary education institutions, elementary and secondary schools, rural hospitals, federal research labs, industries, libraries, and manufacturers; and WHEREAS, 9 out of 10 Illinois community college graduates live, work, and raise their families in Illinois with more than 6 out of 10 working within the districts of the community colleges from which they
81 [May 7, 2002] graduated; and WHEREAS, The mission of the Illinois Student Assistance Commission is to benefit society by enabling individuals to develop to their fullest potential through access to quality education; and WHEREAS, Over 56,000 students enrolled in Illinois community colleges last year received scholarship or grant assistance from programs administered by the Illinois Student Assistance Commission; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the community colleges in this State, as represented by the Illinois Community College Board, and the Illinois Student Assistance Commission continue to work together to enhance the educational opportunities for Illinois men and women in the State of Illinois; and be it further RESOLVED, That the Illinois Community College Board and the Illinois Student Assistance Committee hold meetings to discuss recommendations for improving accessibility to postsecondary education for Illinois students and families by October 15, 2002; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Chairperson of the Illinois Community College Board and the Chairperson of the Illinois Student Assistance Committee. HOUSE JOINT RESOLUTION 77 Offered by Representative Holbrook: WHEREAS, Travel and tourism is one of America's largest service exports providing a trade surplus of $7 billion last year, and it is one of the nation's largest employers with a total of 18 million jobs, that is one in every seven people; and WHEREAS, Including the $90 billion spent in the U.S. by international visitors, travel and tourism generated $545 billion last year, providing $94.4 billion in tax revenue to local, state, and federal governments; and WHEREAS, The travel and tourism industry supports the vital interests of Illinois, contributing to our employment, economic prosperity, international trade and relations, peace, understanding, and goodwill; and WHEREAS, Travel and tourism ranks as one of Illinois largest industries in terms of revenues generated; and WHEREAS, 80.1 million travelers visited Illinois contributing $23.7 billion to the economy in our State; and WHEREAS, Travel and tourism provided employment for 669,100 people in Illinois, generating a payroll of $14.7 million; and WHEREAS, As people throughout the world become more aware of the outstanding cultural and recreational resources available in Illinois and the United States, travel and tourism will become an increasingly important aspect in the lives of our citizens; and WHEREAS, Given these laudable contributions to the economic, social, and cultural well being of the citizens of Illinois, it is fitting that we recognize the importance of travel and tourism; and RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that May 4 through 12, 2002, is hereby designated the 19th Annual Celebration of National Tourism Week, and the Governor of Illinois is requested to issue a proclamation calling upon the people of Illinois to observe this week with appropriate ceremonies and activities; and be it further RESOLVED, That a suitable copy of this resolution be presented to Governor George Ryan. 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).
[May 7, 2002] 82 On motion of Representative Krause, SENATE BILL 1798 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: 67, Yeas; 39, Nays; 9, Answering Present. (ROLL CALL 7) 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. RECALLS By unanimous consent, on motion of Representative Holbrook, SENATE BILL 1880 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Poe, SENATE BILL 1859 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 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. At the hour of 3:12 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, May 8, 2002, at 12:30 o'clock p.m. The motion prevailed. And the House stood adjourned.
83 [May 7, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 07, 2002 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER A STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY A JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER E O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
[May 7, 2002] 84 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1540 CORPORATIONS-OPEN MEETINGS THIRD READING PASSED MAY 07, 2002 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN A LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
85 [May 7, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1666 PROP TAX-ADMIN SALES IN ERROR THIRD READING PASSED MAY 07, 2002 89 YEAS 23 NAYS 1 PRESENT Y ACEVEDO Y ERWIN A LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY A BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS N HOLBROOK N MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER N COULSON Y HULTGREN Y MOFFITT N WAIT Y COWLISHAW N JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON N MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK N WOJCIK Y DANIELS Y KENNER E O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO Y KURTZ Y PANKAU P MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[May 7, 2002] 86 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1756 OPEN MEETING-WEB POSTING THIRD READING PASSED MAY 07, 2002 114 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS N MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
87 [May 7, 2002] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1777 EDUCATION-TECH THIRD READING PASSED MAY 07, 2002 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[May 7, 2002] 88 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1795 VEH CD-SCHOOL BUS-CELL PHONES THIRD READING PASSED MAY 07, 2002 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
89 [May 7, 2002] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1798 HOSP LIC-EXCLUSIVE CONTRACTS THIRD READING PASSED MAY 07, 2002 67 YEAS 39 NAYS 9 PRESENT Y ACEVEDO P ERWIN N LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH N POE Y BEAUBIEN N FLOWERS Y LINDNER N REITZ Y BELLOCK N FORBY Y LYONS,EILEEN Y RIGHTER N BERNS N FOWLER P LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS N MARQUARDT Y RYAN N BLACK N FRITCHEY Y MATHIAS Y SAVIANO N BOLAND Y GARRETT N MAUTINO Y SCHMITZ N BOST P GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY P HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN N HANNIG N McGUIRE Y SLONE N BRUNSVOLD N HARTKE N McKEON N SMITH Y BUGIELSKI Y HASSERT P MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS N HOLBROOK N MITCHELL,BILL N TENHOUSE N COLVIN P HOWARD Y MITCHELL,JERRY P TURNER Y COULSON N HULTGREN N MOFFITT Y WAIT Y COWLISHAW N JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON Y MULLIGAN N WINKEL Y CROTTY Y JONES,JOHN N MURPHY P WINTERS Y CURRIE N JONES,LOU Y MYERS N WIRSING N CURRY A JONES,SHIRLEY Y NOVAK N WOJCIK Y DANIELS N KENNER E O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR P YARBROUGH N DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[May 7, 2002] 90 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1859 TEACHER HLTH BENEFITS-TECH THIRD READING PASSED MAY 07, 2002 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER E STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence