STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
82ND LEGISLATIVE DAY
WEDNESDAY, JANUARY 26, 2000
11:00 O'CLOCK A.M.
NO. 82
[January 26, 2000] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
82nd Legislative Day
Action Page(s)
Adjournment........................................ 15
Change of Sponsorship.............................. 6
Committee on Rules Referrals....................... 3
Fiscal Notes Supplied.............................. 4
Introduction and First Reading - HB3904-3979....... 6
Pension Impact Notes Supplied...................... 4
Quorum Roll Call................................... 3
State Mandate Act Notes Supplied................... 4
Bill Number Legislative Action Page(s)
HB 2870 Committee Report................................... 5
HB 2885 Committee Report................................... 4
HB 2917 Third Reading...................................... 13
HB 2940 Third Reading...................................... 13
HB 3119 Committee Report................................... 6
HB 3176 Committee Report................................... 4
HB 3205 Committee Report................................... 5
HB 3315 Committee Report................................... 5
HJR 0042 Resolution......................................... 10
HJR 0043 Resolution......................................... 11
HJR 0044 Resolution......................................... 12
HR 0553 Resolution......................................... 9
HR 0556 Action on Motion................................... 13
HR 0556 Committee Report................................... 5
HR 0556 Motion Submitted................................... 4
SB 1046 Recall............................................. 13
3 [January 26, 2000]
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Thomas Flach with St. Peter and Paul Catholic
Church in Waterloo, Illinois.
Representative Eileen Lyons 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:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Morrow was excused from
attendance.
PERMANENT COMMITTEE ASSIGNMENTS
Speaker Madigan appointed the following Democratic Member to serve
on the following committees:
COMPUTER TECHNOLOGY: Representative Lang, Vice-Chairperson.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Aging: HOUSE BILL 3309.
Committee on Agriculture & Conservation: HOUSE BILL 3429.
Committee on Child Support Enforcement: HOUSE BILL 2979.
Committee on Children & Youth: HOUSE BILL 3232.
Committee on Constitutional Officers: HOUSE BILLS 2976 and 2880;
HOUSE JOINT RESOLUTION 40.
Committee on Consumer Protection & Product Regulation: HOUSE BILL
527.
Committee on Elementary & Secondary Education: HOUSE BILLS 2977
and 3288.
Committee on Environment & Energy: HOUSE BILLS 3093, 3171 and
3547.
Committee on Executive: HOUSE BILL 3052.
Committee on Financial Institutions: HOUSE BILLS 3431 and 3494;
HOUSE RESOLUTION 556.
Committee on Health Care Availability & Access: HOUSE BILL 3201.
Committee on Higher Education: HOUSE BILL 3831.
Committee on Human Services: HOUSE BILLS 2988, 3271, 3332, 3355,
3398 and 3426.
Committee on Judiciary I-Civil Law: HOUSE BILL 3405.
Committee on Judiciary II-Criminal Law: HOUSE BILLS 3111, 3180,
3292 and 3538.
Committee on Local Government: HOUSE BILLS 3114, 3138 and 3424.
Committee on Revenue: HOUSE BILLS 2899, 3267, 3360 and 3467.
Committee on Transportation & Motor Vehicles: HOUSE BILLS 2915,
3053, 3420 and 3476; HOUSE RESOLUTION 552.
Committee on Veterans' Affairs: HOUSE BILL 3312.
Special Committee on Mental Health & Patient Abuse: HOUSE BILL
3548.
Special Committee on Tobacco Settlement Proceeds Distribution:
HOUSE BILLS 2924 and 3343.
The committee roll call vote on the foregoing Legislative Measures
is as follows:
5, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Ryder
Y Hannig Y Tenhouse
Y Turner, Art
[January 26, 2000] 4
MOTIONS
SUBMITTED
Representative Fritchey submitted the following written motion,
which was placed on the order of Motions:
MOTION
Pursuant to Rule 25, I move to suspend the posting requirements in
relation to HOUSE RESOLUTION 556, assigned to the Committee on
Executive.
FISCAL NOTE SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 2870, 2872, 2917,
as amended, 3079, 3107, 3176 and 3192.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for HOUSE BILLS 2917, as
amended and 3107.
PENSION IMPACT NOTES SUPPLIED
Pension Impact Notes have been supplied for HOUSE BILLS 3006, 3033,
3094, 3173, 3228, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375,
3376, 3377 and 3378.
REPORTS FROM STANDING COMMITTEES
Representative Smith, Chairperson, from the Committee on
Agriculture & Conservation to which the following were referred, action
taken on January 25, 2000, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 2885.
The committee roll call vote on HOUSE BILL 2885 is as follows:
16, Yeas; 0, Nays; 0, Answering Present.
Y Smith, Michael, Chair Y Lawfer
Y Bost Y Mitchell, Bill
Y Fowler Y Myers, Richard
Y Franks Y O'Brien
A Hannig Y Poe
Y Hartke Y Reitz, V-Chair
Y Johnson, Tim Y Slone
Y Jones, John Y Turner, John
Y Woolard, Spkpn
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken on January 25, 2000, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 3176.
The committee roll call vote on HOUSE BILL 3176 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Steve, Chair Y Kosel
Y Beaubien, Spkpn Y Lyons, Eileen
A Crotty, V-Chair Y McGuire
Y Curry, Julie Y Osmond
Y Holbrook Y Rutherford
5 [January 26, 2000]
Y Scott
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 3315.
The committee roll call vote on HOUSE BILL 3315 is as follows:
19, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
A Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair A Mulligan
Y Delgado A Murphy
Y Fowler Y O'Brien
Y Garrett Y Persico
A Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
Representative Burke, Chairperson, from the Committee on Executive
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Consent Calendar: HOUSE BILL 2870.
That the resolution be reported "be adopted as amended" and be
placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 556.
The committee roll call vote on HOUSE BILL 2870 and HOUSE
RESOLUTION 556 is as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, V-Chair
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
Representative Feigenholtz, Chairperson, from the Committee on
Human Services to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 3205.
The committee roll call vote on HOUSE BILL 3205 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
Y Kenner Y Winters
Y Wirsing
Representative Gash, Chairperson, from the Committee on Judiciary I
[January 26, 2000] 6
- Civil Law to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 3119.
The committee roll call vote on HOUSE BILL 3119 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias
Y Hamos A Meyer
Y Hoffman Y Scott, V-Chair
A Klingler Y Turner, John, Spkpn
A Wait
CHANGE OF SPONSORSHIP
Representative Feigenholtz asked and obtained unanimous consent to
be removed as chief sponsor and Representative Silva asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1544.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 3904. Introduced by Representatives McKeon - Hamos, a
bill for AN ACT to amend the Unemployment Insurance Act by changing
Section 237.
HOUSE BILL 3905. Introduced by Representative Zickus, a bill for
AN ACT to amend the Road Worker Safety Act by changing Section 1.
HOUSE BILL 3906. Introduced by Representatives Hultgren - Leitch,
a bill for AN ACT to amend the Illinois Enterprise Zone Act by changing
Section 5.3.
HOUSE BILL 3907. Introduced by Representative Novak, a bill for AN
ACT to amend the Illinois Income Tax Act by changing Section 304.
HOUSE BILL 3908. Introduced by Representatives Lopez - Hoeft -
Howard - Lou Jones - Art Turner, Bradley, Burke, Delgado, Feigenholtz,
Flowers, Fritchey, Giles, Hamos, Shirley Jones, Lang, Joseph Lyons,
McKeon, Morrow, Murphy, Pugh and Stroger, a bill for AN ACT to amend
the School Code by changing Section 18-8.05.
HOUSE BILL 3909. Introduced by Representative Dart, a bill for AN
ACT to amend the Humane Care for Animals Act by changing Sections 4.02
and 10.
HOUSE BILL 3910. Introduced by Representative Monique Davis, a
bill for AN ACT to amend the School Code by adding Section 10-20.34.
HOUSE BILL 3911. Introduced by Representative Monique Davis, a
bill for AN ACT in relation to criminal statistics and law enforcement.
HOUSE BILL 3912. Introduced by Representative Bost, a bill for AN
ACT to amend the Fish and Aquatic Life Code by changing Section 20-35
and adding Section 1-20.5.
HOUSE BILL 3913. Introduced by Representatives Monique Davis -
Murphy, a bill for AN ACT to amend the School Code.
HOUSE BILL 3914. Introduced by Representative Kenner, a bill for
AN ACT to amend the School Code.
HOUSE BILL 3915. Introduced by Representative Kenner, a bill for
AN ACT to amend the Illinois Income Tax Act by changing Section 804.
HOUSE BILL 3916. Introduced by Representative Leitch, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section 6-305.
HOUSE BILL 3917. Introduced by Representative Sharp, a bill for AN
ACT to amend the Consumer Fraud and Deceptive Business Practices Act by
adding Section 2KK.
HOUSE BILL 3918. Introduced by Representative Curry, a bill for AN
ACT to amend the Telecommunications Municipal Infrastructure
7 [January 26, 2000]
Maintenance Fee Act by changing Section 15.
HOUSE BILL 3919. Introduced by Representative Hartke, a bill for
AN ACT to amend the Property Tax Code by changing Section 2-30.
HOUSE BILL 3920. Introduced by Representative Hartke, a bill for
AN ACT to amend the Property Tax Code by changing Section 4-10.
HOUSE BILL 3921. Introduced by Representative Hartke, a bill for
AN ACT concerning township plan commissions.
HOUSE BILL 3922. Introduced by Representative Mautino, a bill for
AN ACT to amend the Illinois Insurance Code by changing Section 367h.
HOUSE BILL 3923. Introduced by Representative Moore, a bill for AN
ACT concerning local governments, amending named Acts.
HOUSE BILL 3924. Introduced by Representative Daniels, a bill for
AN ACT to amend the Religious Freedom Restoration Act by changing
Section 25.
HOUSE BILL 3925. Introduced by Representative Daniels, a bill for
AN ACT regarding telecommunications.
HOUSE BILL 3926. Introduced by Representative Osmond, a bill for
AN ACT to amend the Home Repair and Remodeling Act by changing Section
25.
HOUSE BILL 3927. Introduced by Representative Steve Davis, a bill
for AN ACT to amend the Public Utilities Act by changing Section
13-100.
HOUSE BILL 3928. Introduced by Representatives Capparelli - Novak
- Saviano, Bugielski, McAuliffe, Joseph Lyons and Bradley, a bill for
AN ACT concerning factory built housing.
HOUSE BILL 3929. Introduced by Representative Joseph Lyons, a bill
for AN ACT to amend the Unified Code of Corrections by changing Section
5-5-6.
HOUSE BILL 3930. Introduced by Representative Poe, a bill for AN
ACT in relation to pensions.
HOUSE BILL 3931. Introduced by Representatives Winkel - Righter -
Eileen Lyons - Kosel - O'Connor, a bill for AN ACT to amend the
Illinois Income Tax Act by changing Section 210.
HOUSE BILL 3932. Introduced by Representative McCarthy, a bill for
AN ACT concerning guardianships.
HOUSE BILL 3933. Introduced by Representative Osterman, a bill for
AN ACT to amend the Criminal Code of 1961 by adding Section 12-21.7.
HOUSE BILL 3934. Introduced by Representative Flowers, a bill for
AN ACT concerning health examinations, amending named Acts.
HOUSE BILL 3935. Introduced by Representative Flowers, a bill for
AN ACT to amend certain Acts in relation to parental rights.
HOUSE BILL 3936. Introduced by Representative Smith, a bill for AN
ACT concerning driver's licenses.
HOUSE BILL 3937. Introduced by Representative Wirsing, a bill for
AN ACT concerning organ transplants.
HOUSE BILL 3938. Introduced by Representative Lopez, a bill for AN
ACT in relation to education.
HOUSE BILL 3939. Introduced by Representative Eileen Lyons, a bill
for AN ACT in relation to income taxation.
HOUSE BILL 3940. Introduced by Representative Tom Johnson, a bill
for AN ACT to amend the Criminal Code of 1961 by adding Section
24-1.05.
HOUSE BILL 3941. Introduced by Representative Tom Johnson, a bill
for AN ACT to amend the Illinois Vehicle Code by changing Section
12-611.
HOUSE BILL 3942. Introduced by Representative Pugh, a bill for AN
ACT to amend the Property Tax Code by changing Sections 21-295 and
21-355.
HOUSE BILL 3943. Introduced by Representative Hartke, a bill for
AN ACT concerning business organizations.
HOUSE BILL 3944. Introduced by Representatives McCarthy - Joseph
Lyons, a bill for AN ACT to amend the various Acts concerning business
organizations.
HOUSE BILL 3945. Introduced by Representative Silva, a bill for AN
ACT to amend the Higher Education Student Assistance Act by adding
Section 35.5.
[January 26, 2000] 8
HOUSE BILL 3946. Introduced by Representative Wait, a bill for AN
ACT to amend the Illinois Income Tax Act by changing Section 203.
HOUSE BILL 3947. Introduced by Representative Wait, a bill for AN
ACT to amend the Property Tax Code is amended by changing Sections
21-15, 21-20, and 21-25.
HOUSE BILL 3948. Introduced by Representatives Cowlishaw -
Coulson, a bill for AN ACT to amend the Illinois Income Tax Act by
adding Section 212.
HOUSE BILL 3949. Introduced by Representative Flowers, a bill for
AN ACT concerning health services.
HOUSE BILL 3950. Introduced by Representative Flowers, a bill for
AN ACT to amend the Illinois Food, Drug and Cosmetic Act.
HOUSE BILL 3951. Introduced by Representative Capparelli, a bill
for AN ACT to amend the Highway Advertising Control Act of 1971.
HOUSE BILL 3952. Introduced by Representative Monique Davis, a
bill for AN ACT concerning historic preservation.
HOUSE BILL 3953. Introduced by Representatives Younge - Monique
Davis - Delgado - Flowers - Giles, Harris, Howard, Shirley Jones,
Kenner, Murphy, Sharp, Silva and Art Turner, a bill for AN ACT to
create the Illinois Africa-America Peace Brigade.
HOUSE BILL 3954. Introduced by Representative Younge, a bill for
AN ACT to amend the School Code by changing Section 18-8.05.
HOUSE BILL 3955. Introduced by Representative Younge, a bill for
AN ACT concerning the State Fire Marshal.
HOUSE BILL 3956. Introduced by Representative Younge, a bill for
AN ACT concerning an East St. Louis mathematics and science academy.
HOUSE BILL 3957. Introduced by Representative Younge, a bill for
AN ACT concerning an East St. Louis teacher's academy for math,
science, and technology.
HOUSE BILL 3958. Introduced by Representative Younge, a bill for
AN ACT to amend the Public Community College Act by changing Section
2-15.
HOUSE BILL 3959. Introduced by Representative Younge, a bill for
AN ACT to amend the Civil Administrative Code of Illinois by changing
Section 605-450.
HOUSE BILL 3960. Introduced by Representative Younge, a bill for
AN ACT to amend the School Code by adding Section 2-3.131.
HOUSE BILL 3961. Introduced by Representative Younge, a bill for
AN ACT to amend the Technology Advancement and Development Act by
changing Section 3004.5.
HOUSE BILL 3962. Introduced by Representative Younge, a bill for
AN ACT to amend the Civil Administrative Code of Illinois by adding
Section 605-75.5.
HOUSE BILL 3963. Introduced by Representative Younge, a bill for
AN ACT concerning a southwestern Illinois teacher's academy for math,
science, and technology.
HOUSE BILL 3964. Introduced by Representative Younge, a bill for
AN ACT to amend the Illinois Community Development Finance Corporation
Act.
HOUSE BILL 3965. Introduced by Representative Younge, a bill for
AN ACT concerning a comprehensive anticipatory design science center.
HOUSE BILL 3966. Introduced by Representative Younge, a bill for
AN ACT concerning a performing arts school.
HOUSE BILL 3967. Introduced by Representative Younge, a bill for
AN ACT to amend the Southern Illinois University Management Act by
adding Section 10.
HOUSE BILL 3968. Introduced by Representative Younge, a bill for
AN ACT in relation to East St. Louis Area economic development.
HOUSE BILL 3969. Introduced by Representative Younge, a bill for
AN ACT making appropriations.
HOUSE BILL 3970. Introduced by Representative Younge, a bill for
AN ACT in relation to economic development, amending named Acts.
HOUSE BILL 3971. Introduced by Representative Younge, a bill for
AN ACT making appropriations.
HOUSE BILL 3972. Introduced by Representative Younge, a bill for
AN ACT relating to the rehabilitation and improvement of school
9 [January 26, 2000]
facilities.
HOUSE BILL 3973. Introduced by Representative Younge, a bill for
AN ACT to amend the Department of Commerce and Community Affairs Law of
the Civil Administrative Code of Illinois by changing Section 605-400.
HOUSE BILL 3974. Introduced by Representative Younge, a bill for
AN ACT in relation to East St. Louis Area economic development.
HOUSE BILL 3975. Introduced by Representative Younge, a bill for
AN ACT concerning higher education.
HOUSE BILL 3976. Introduced by Representative Younge, a bill for
AN ACT concerning guaranteed job opportunity projects.
HOUSE BILL 3977. Introduced by Representative Harris, a bill for
AN ACT to amend the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act by changing Section 4.
HOUSE BILL 3978. Introduced by Representative Bost, a bill for AN
ACT to amend the Downstate Public Transportation Act by changing
Sections 2-2.02 and 2-2.04.
HOUSE BILL 3979. Introduced by Representative Leitch, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section 6-305.
RESOLUTION
The following resolutions were offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 553
Offered by Representative Lawfer:
WHEREAS, Industrial hemp refers to varieties of the cannabis plant
that have a low content of tetrahydrocannabinol (THC) and that are
cultivated for fiber and oil; and
WHEREAS, Industrial hemp should not be confused with varieties of
cannabis that have high content of tetrahydrocannabinol (THC) and that
are commonly referred to as marijuana; and
WHEREAS, The commercial production and cultivation of industrial
hemp is now permitted in Canada, under licenses and authorizations
issued by Health Canada; and
WHEREAS, Health Canada controls, through rules, all activities
relating to the importation, exportation, possession, production, sale,
provision, transportation, sending, delivering, and offering for sale
of industrial hemp; and
WHEREAS, Industrial hemp is grown legally throughout Europe and
Asia; and
WHEREAS, Many farmers facing uncertain times in the agricultural
marketplace view the reintroduction of industrial hemp as another
potentially alternative crop that will have long-term economic benefits
to the farmers who produce hemp and the persons who use hemp in the
production of textiles, paper products, concrete reinforcement,
automobile parts, plastic, cosmetics, organic foods, and natural body
products; and
WHEREAS, Congress never originally intended to prohibit the
production of industrial hemp when restricting the production,
possession, and use of marijuana; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United
States Congress to acknowledge the difference between the
hallucinogenic drug known as marijuana and the agricultural crop known
as industrial hemp; to acknowledge that allowing and encouraging
farmers to produce industrial hemp will improve the balance of trade by
promoting domestic sources of industrial hemp; and to assist United
States' producers by clearly authorizing the commercial production of
industrial hemp and by being the leading advocate for the industrial
hemp industry; and be it further
RESOLVED, That suitable copies of this resolution be delivered to
the President pro tempore of the United States Senate, the Speaker of
the United States House of Representatives, the chairmen of the
[January 26, 2000] 10
Agriculture Committees of the United States Senate and House of
Representatives, the United States Secretary of Agriculture, and each
member of the Illinois congressional delegation.
HOUSE JOINT RESOLUTION 42
Offered by Representative Hoffman:
WHEREAS, The State of Illinois is the most traveled state in the
United States of America for commercial vehicles, with truckers
nationwide driving more miles on the roads of this State than any
other; and
WHEREAS, The Office of the Secretary of State is charged with the
responsibility to ensure that all persons licensed to drive commercial
vehicles in Illinois are safe and well qualified; and
WHEREAS, The Secretary of State issues or renews commercial driver
licenses to over 100,000 individuals in any given year; and
WHEREAS, Testing the skills of commercial drivers requires access
to special types of vehicles in order to ensure expertise in operating
larger, more complicated semi-trailers and trucks; and
WHEREAS, Many individuals are unable to access the type of vehicle
necessary to take a commercial driving test unless that vehicle is
provided by an employer; and
WHEREAS, Certain businesses in the State of Illinois have shown a
willingness to hire individuals and provide training in the safe
operation of commercial vehicles; and
WHEREAS, The Secretary of State has entered into a partnership with
many of these businesses to provide a service known as "third party
testing"; and
WHEREAS, The Secretary of State certifies individuals employed by
these businesses as safety officers who are qualified to conduct the
skills portion of the commercial driving license test; and
WHEREAS, These safety officers certify to the Secretary of State
any other employees of their company who have successfully completed
the skills portion of the commercial driving license test; and
WHEREAS, The Secretary of State regularly audits all safety
officers and third party testing clients to ensure their continued
compliance with all relevant laws and regulations related to safe
driving and proper testing of commercial drivers; and
WHEREAS, Because of third party testing, the Secretary of State
needs to conduct only the written portion of the commercial drivers
test for individuals who have been certified by the third party testing
entity, which saves time and resources for the people of the State of
Illinois; and
WHEREAS, Third party testing has proven an efficient service that
ensures that the safest possible drivers operate trucks on Illinois
roads, with 536 businesses successfully testing over 10,000 applicants
in any given year; and
WHEREAS, Despite the success of the third party testing program,
recent problems have given rise to concerns about possible abuses of
this process; and
WHEREAS, In response, Secretary of State Jesse White convened a
special panel, known as the "Highway Safety 2000 Sub-Committee on Third
Party Testing", to fully investigate this process and make
recommendations for improvements in the system; and
WHEREAS, That committee, comprised of representatives of the
General Assembly, the Office of the Secretary of State, the Illinois
Commerce Commission, the United States Department of Transportation,
the Illinois Department of Transportation, the Midwest Truckers
Association, the Illinois Transportation Association, the Illinois
Community College Board, and several third party testing entities from
within the State of Illinois, made the following recommendations:
(1) Require commercial driver license applicants to hold a valid
instruction permit for a period of 2 weeks prior to being skills tested
by a third party;
(2) Require commercial driver license applicants to obtain from
the Secretary of State an instruction permit for the specific vehicle
11 [January 26, 2000]
classification in which they intend to be licensed, and require that
the applicant produce the instruction permit before the skills test and
certification by a third party entity;
(3) Require a minimum training period for commercial drivers who
receive certification through a third party entity;
(4) Require third party entities to notify the Secretary of State
of a driver's termination of employment if that employment lasted less
than 6 months; and
(5) Prohibit from participation any third party testing entity
that has received an "unsatisfactory" rating from the United States
Department of Transportation until it has raised its rating to at least
"satisfactory" or "conditional"; and
WHEREAS, On the recommendation of the Highway Safety 2000 panel,
Secretary of State White has already implemented these changes as
emergency administrative rule changes and submitted a request for
permanent change in policy to the Joint Committee on Administrative
Rules; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we recommend that the Joint Committee on Administrative
Rules move swiftly in adopting the proposed changes in the third party
testing rules as submitted by the Office of the Secretary of State; and
be it further
RESOLVED, That a copy of this resolution be delivered to the
Secretary of State and to the Executive Director and each member of the
Joint Committee on Administrative Rules.
HOUSE JOINT RESOLUTION 43
Offered by Representative Tenhouse:
WHEREAS, Under Part C of the federal Individuals with Disabilities
Education Act, the State of Illinois is required to provide
coordinated, comprehensive, interdisciplinary services to all eligible
individuals to enhance the growth and development of children from
birth through 3 years of age who have disabilities or developmental
delays or both; and
WHEREAS, In the case of Marie O. v. Edgar (September 1996) the
State was found to be in noncompliance with the federal law in
providing services to children from birth through 3 years of age who
have disabilities or developmental delays or both; and
WHEREAS, The continuation of receipt of federal funds is contingent
upon compliance with the federal regulations under Part C of the
Individuals with Disabilities Education Act; and
WHEREAS, There are currently 7,900 eligible infants and toddlers
receiving Early Intervention services and, based on a 1.7% prevalence
rate, it is estimated that approximately 1,600 infants and toddlers who
would be eligible under the current criteria are not receiving
services; and
WHEREAS, The availability of new providers has been restricted by
the low rate of reimbursement; and
WHEREAS, Part C providers currently in the system are unable to
receive adequate reimbursement for services provided in order to meet
the cost of doing business; and
WHEREAS, There is an inconsistency in rate reimbursement among
government entities and other third party payers, including, but not
limited to, the Department of Children and Family Services, the
Department of Public Health, Insurance Companies, Medicaid, and the
Division of Specialized Care for Children; and
WHEREAS, Illinois' rates of reimbursement are low compared to
contiguous states; and
WHEREAS, The delivery of Early Intervention services to eligible
infants and toddlers can enhance the quality of life by diminishing the
impact of a developmental disability across a lifetime; and
WHEREAS, The provision of Early Intervention services to infants
and toddlers aged 0 to 3 years is known to result in positive
benefit-cost ratios, future savings for every dollar spent in early
[January 26, 2000] 12
intervention, a need for fewer future services such as special
education, and a reduced need for more costly institutional or group
home services that would be used over the lifetime of the child;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we urge the Department of Human Services to hire one or
more unbiased independent consultants with related research experience
to conduct a study to identify;
(1) the total cost of providing each of the 16 Part C services, as
outlined in the Individuals with Disabilities Education Act, taking
into consideration geographic area and types of providers, including
former, grant, private, and independent providers;
(2) the costs of doing business through a standardized accounting
procedure specifically including, but not limited to, travel
reimbursement, ancillary costs, and other non-billable services;
(3) how many of the 16 Part C services are provided and whether
those services are provided on-site or off-site;
(4) how many children are being served statewide and the statewide
capacity for service; and
(5) the current reimbursement rate for third party payment for
services for non-Part C infants and toddlers; and be it further
RESOLVED, That we urge the independent consultant to complete the
study and submit a report to the Governor and the General Assembly by
October 1, 2000; and be it further
RESOLVED, That a copy of this House Joint Resolution be delivered
to the Director of Human Services.
HOUSE JOINT RESOLUTION 44
Offered by Representative Gash:
BE IT RESOLVED BY THE HOUSE OF THE NINETY-FIRST GENERAL ASSEMBLY OF
THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is
created the Task Force on Converting Toll Highways to Freeways:
(a) The Task Force consists of at least 12 members and not more
than 22 members chosen according to the following requirements:
(1) Six voting members appointed from the House of
Representatives, with 3 members appointed by the Speaker and 3
members appointed by the Minority Leader;
(2) Six voting members appointed from the Senate, with 3
members appointed by the President and 3 members appointed by the
Minority Leader;
(3) Up to 10 non-voting members appointed from pertinent
fields or disciplines by the legislative members of the Task Force,
by majority vote, with up to 2 individuals appointed from each of
the following categories:
(A) Transportation;
(B) Academia;
(C) County or municipal government;
(D) Environment and urban or regional planning; and
(E) Any other field or discipline the legislative members
of the Task Force deem necessary;
(b) A majority of the legislative appointees shall select a
legislative member of the Task Force to serve as chairperson;
(c) The chairman of the Illinois State Toll Highway Authority, the
Secretary of Transportation, the Director of Commerce and Community
Affairs, the Director of Natural Resources, or their designees, may
serve as advisory non- voting delegates to the Task Force;
(d) The Task Force has the following objectives:
(1) Conduct a series of public hearings throughout the State
to discuss plans to convert the toll highway system to freeways and
the possible effect of that conversion;
(2) Make recommendations and propose enabling legislation to
allow the conversion of the toll highway system to freeways;
(3) Develop legislative proposals to implement the conversion;
(4) Review the State budget, revenues, and tax expenditures to
13 [January 26, 2000]
determine the fiscal effect of the conversion;
(5) Propose funding amounts and identify revenue sources to
finance the conversion;
(e) The Task Force shall receive the assistance of legislative
staff, legislative agencies, and upon request, private and public
organizations;
(f) The members of the Task Force shall be reimbursed for their
reasonable and necessary expenses from funds appropriated for that
purpose; and be it further
RESOLVED, that the Task Force on Converting Toll Highways to
Freeways shall meet as soon as possible after at least 6 legislative
members have been appointed, shall hold public hearings, and shall
report its findings and recommendations concerning the conversion of
the toll highway system to freeways to the General Assembly by filing
copies of its report with the Clerk of the House and the Secretary of
the Senate on or before April 14, 2000; and that upon filing its report
the Task Force is dissolved.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. These bills have been examined, any
amendments thereto engrossed and any errors corrected. Any amendments
pending were tabled pursuant to Rule 40(a).
On motion of Representative Holbrook, HOUSE BILL 2917 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Delgado, HOUSE BILL 2940 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
RECALLS
By unanimous consent, on motion of Representative Andrea Moore,
SENATE BILL 1046 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
ACTION ON MOTIONS
Pursuant to the motion submitted previously, Representative
Fritchey asked and obtained unanimous consent to suspend the posting
requirements in relation to HOUSE RESOLUTION 556, assigned to the
Committee on Executive.
At the hour of 1:45 o'clock p.m., Representative Currie moved that
the House do now adjourn until Thursday, January 27, 2000, at 12:00
o'clock noon.
The motion prevailed.
[January 26, 2000] 14
And the House stood adjourned.
15 [January 26, 2000]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
JAN 26, 2000
0 YEAS 0 NAYS 117 PRESENT
P ACEVEDO P FOWLER P LINDNER P REITZ
P BASSI P FRANKS P LOPEZ P RIGHTER
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRY P SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK E MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING
P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK
P DELGADO P KOSEL P PARKE P WOOLARD
P DURKIN P KRAUSE P PERSICO P YOUNGE
P ERWIN P LANG P POE P ZICKUS
P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
[January 26, 2000] 16
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2917
SCH CD-ST AID AUDIT ADJUSTMENT
THIRD READING
PASSED
JAN 26, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
17 [January 26, 2000]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2940
SCH CD-SPEC CERTIFICATE-EXEMPT
THIRD READING
PASSED
JAN 26, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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