STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
102ND LEGISLATIVE DAY
WEDNESDAY, MARCH 1, 2000
10:00 O'CLOCK A.M.
NO. 102
[March 1, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 102nd Legislative Day Action Page(s) Adjournment........................................ 65 Balanced Budget & Impact Note Requested............ 6 Balanced Budget Note Supplied...................... 6 Change of Sponsorship.............................. 10 Committee on Rules Referrals....................... 5 Correctional Budget and Impact Notes Supplied...... 6 Fiscal Note Requested.............................. 6 Fiscal Notes Supplied.............................. 6 Home Rule Notes Supplied........................... 6 Housing Affordability Impact Notes Supplied........ 6 Letter of Transmittal.............................. 4 Pension Impact Notes Supplied...................... 6 Quorum Roll Call................................... 4 State Debt Impact Notes Supplied................... 6 State Mandate Notes Supplied....................... 6 Bill Number Legislative Action Page(s) HB 0298 Committee Report-Floor Amendment/s................. 8 HB 1284 Committee Report................................... 4 HB 1284 Second Reading..................................... 64 HB 1459 Committee Report-Floor Amendment/s................. 4 HB 1776 Committee Report-Floor Amendment/s................. 4 HB 2374 Committee Report-Floor Amendment/s................. 4 HB 2880 Third Reading...................................... 62 HB 2924 Second Reading..................................... 16 HB 2932 Recall............................................. 64 HB 2958 Second Reading - Amendment/s....................... 16 HB 2962 Third Reading...................................... 62 HB 2967 Committee Report-Floor Amendment/s................. 4 HB 2980 Committee Report-Floor Amendment/s................. 8 HB 2980 Second Reading - Amendment/s....................... 32 HB 2991 Committee Report-Floor Amendment/s................. 9 HB 2991 Second Reading - Amendment/s....................... 44 HB 2992 Third Reading...................................... 62 HB 3007 Committee Report-Floor Amendment/s................. 8 HB 3007 Second Reading - Amendment/s....................... 19 HB 3027 Motion Submitted................................... 6 HB 3027 Third Reading...................................... 64 HB 3036 Second Reading..................................... 61 HB 3036 Third Reading...................................... 62 HB 3049 Second Reading..................................... 16 HB 3120 Second Reading - Amendment/s....................... 58 HB 3131 Committee Report-Floor Amendment/s................. 9 HB 3131 Second Reading - Amendment/s....................... 54 HB 3221 Second Reading..................................... 16 HB 3239 Third Reading...................................... 61 HB 3254 Recall............................................. 32 HB 3292 Third Reading...................................... 62 HB 3324 Second Reading - Amendment/s....................... 18 HB 3324 Third Reading...................................... 61 HB 3467 Second Reading - Amendment/s....................... 60 HB 3482 Third Reading...................................... 61 HB 3535 Recall............................................. 59 HB 3535 Second Reading..................................... 16 HB 3576 Second Reading..................................... 58 HB 3649 Committee Report-Floor Amendment/s................. 7
3 [March 1, 2000] Bill Number Legislative Action Page(s) HB 3681 Committee Report-Floor Amendment/s................. 10 HB 3868 Committee Report-Floor Amendment/s................. 4 HB 3902 Third Reading...................................... 62 HB 3911 Committee Report-Floor Amendment/s................. 4 HB 3944 Committee Report-Floor Amendment/s................. 4 HB 3986 Committee Report-Floor Amendment/s................. 9 HB 3986 Recall............................................. 38 HB 4017 Second Reading..................................... 18 HB 4072 Committee Report-Floor Amendment/s................. 9 HB 4072 Second Reading - Amendment/s....................... 43 HB 4097 Second Reading..................................... 16 HB 4165 Committee Report-Floor Amendment/s................. 8 HB 4165 Second Reading - Amendment/s....................... 33 HB 4181 Committee Report-Floor Amendment/s................. 4 HB 4182 Third Reading...................................... 61 HB 4253 Committee Report-Floor Amendment/s................. 10 HB 4253 Second Reading - Amendment/s....................... 55 HB 4263 Second Reading - Amendment/s....................... 58 HB 4320 Committee Report-Floor Amendment/s................. 4 HB 4324 Committee Report-Floor Amendment/s................. 4 HB 4336 Committee Report-Floor Amendment/s................. 7 HB 4336 Second Reading - Amendment/s....................... 18 HB 4349 Third Reading...................................... 63 HB 4369 Second Reading - Amendment/s....................... 16 HB 4431 Second Reading..................................... 63 HB 4431 Third Reading...................................... 63 HB 4433 Third Reading...................................... 59 HB 4478 Committee Report-Floor Amendment/s................. 4 HB 4480 Recall............................................. 64 HB 4481 Second Reading..................................... 16 HB 4481 Third Reading...................................... 63 HB 4482 Third Reading...................................... 63 HB 4525 Third Reading...................................... 62 HB 4626 Second Reading..................................... 16 HB 4703 Third Reading...................................... 63 HR 0626 Agreed Resolution.................................. 10 HR 0627 Agreed Resolution.................................. 11 HR 0628 Agreed Resolution.................................. 11 HR 0629 Agreed Resolution.................................. 12 HR 0630 Agreed Resolution.................................. 13 HR 0631 Agreed Resolution.................................. 13 HR 0632 Agreed Resolution.................................. 14 HR 0633 Agreed Resolution.................................. 14 HR 0634 Agreed Resolution.................................. 15 HR 0635 Agreed Resolution.................................. 15 SB 1281 First Reading...................................... 64 SB 1591 First Reading...................................... 64 SB 1592 First Reading...................................... 64 SJR 0047 Senate Message..................................... 7 SJR 0060 Senate Message..................................... 7
[March 1, 2000] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Scott K. Barrettsmith with the Spring Grove Bible Fellowship in Spring Grove, Illinois. Representative Hassert 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: 118 present. (ROLL CALL 1) REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved from consideration" and be placed on the order of Second Reading: HOUSE BILL 1284. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1459. Amendment No. 4 to HOUSE BILL 1776. Amendment No. 1 to HOUSE BILL 2374. Amendment No. 2 to HOUSE BILL 2967. Amendment No. 1 to HOUSE BILL 3868. Amendment No. 2 to HOUSE BILL 3911. Amendment No. 1 to HOUSE BILL 3944. Amendment No. 1 to HOUSE BILL 4181. Amendment No. 1 to HOUSE BILL 4320. Amendment No. 3 to HOUSE BILL 4324. 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 Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 4478. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Tenhouse Y Turner, Art LETTER OF TRANSMITTAL TIMOTHY V. "TIM" JOHNSON STATE REPRESENTATIVE 104TH DISTRICT March 1, 2000 Dear Sir: It was my intention to be recorded as "present" on HOUSE BILL 3903. My switch did not function. s/Tim Johnson State Representative
5 [March 1, 2000] March 1, 2000 To the House Clerk, I was unable to vote on HOUSE BILL 3903. I would like the Journal to reflect that I would have voted in the affirmative. Respectfully, s/Representative James Durkin 44th District 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 Child Support Enforcement: House Amendment 1 to HOUSE BILL 4611. Committee on Computer Technology: House Amendment 1 to HOUSE BILL 4270. Committee on Elementary & Secondary Education: House Amendment 2 to HOUSE BILL 2902. Committee on Environment & Energy: House Amendment 2 to HOUSE BILL 3547. Committee on Executive: House Amendment 1 to HOUSE BILL 3928. Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE BILL 3935 and House Amendment 1 to HOUSE BILL 4698. Committee on Judiciary II-Criminal Law: House Amendment 1 to HOUSE BILL 3654, House Amendment 2 to HOUSE BILL 3841 and House Amendment 1 to HOUSE BILL 4116. Committee on Labor & Commerce: House Amendment 1 to HOUSE BILL 3177. Committee on Revenue: House Amendment 1 to HOUSE BILL 3240 and House Amendment 2 to HOUSE BILL 4370. Committee on Mental Health & Patient Abuse: House Amendment 2 to HOUSE BILL 4396. 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 & Conservation: SENATE BILL 1733. Committee on Constitutional Officers: SENATE BILL 1586. Committee on Environment & Energy: SENATE BILLS 1391 and 1541. Committee on Financial Institutions: SENATE BILL 1656. Committee on Human Services: SENATE BILL 742. Committee on Judiciary I-Civil Law: SENATE BILLS 1231, 1533, 1636 and 1875; HOUSE RESOLUTION 499. Committee on Judiciary II-Criminal Law: SENATE BILL 1655. Committee on Labor & Commerce: SENATE BILL 1331. Committee on Local Government: SENATE BILL 1881. Committee on Public Utilities: SENATE BILL 1653. Committee on Registration & Regulation: SENATE BILLS 1339, 1646 and 1735. Committee on Revenue: SENATE BILLS 1303, 1307, 1317 and 1645. Committee on State Government Administration: SENATE BILLS 1540 and 1649. Committee on Tourism: SENATE BILL 1629. Special Committee on Tobacco Settlement Proceeds Distribution: SENATE BILL 1851. MOTIONS SUBMITTED
[March 1, 2000] 6 Representatives Parke, Mulligan, Leitch, Tom Johnson, Skinner, Hultgren and Bellock submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 52(A)(1) we move for the Debate Status on HOUSE BILL 3027 be opened to Standard Debate. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that a Fiscal Note be supplied for HOUSE BILL 4336, as amended. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 260, as amended, 1459, as amended, 2374, as amended, 3007, as amended, 3036, as amended, 3490, as amended, 3654, as amended, 4271, 4336, as amended, 4431, as amended, and 4651, as amended. REQUEST FOR BALANCED BUDGET & IMPACT NOTE Representative Tenhouse requested that a Balanced Budget & Impact Note be supplied for HOUSE BILL 4336, as amended. BALANCED BUDGET NOTE SUPPLIED A Balanced Budget Note has been supplied for HOUSE BILL 4697, as amended. STATE DEBT IMPACT NOTES SUPPLIED State Debt Impact Notes have been supplied for HOUSE BILL 3490, as amended, and 4697, as amended. HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED A Housing Affordability Impact Notes have been supplied for HOUSE BILLS 3036, as amended, 3928, and 4697, as amended. STATE MANDATE NOTES SUPPLIED State Mandate Notes have been supplied for HOUSE BILLS 4039, as amended, 4431, as amended 4651, as amended, and 4697, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for HOUSE BILLS 4039, as amended, 4431, as amended, and 4697, as amended. PENSION IMPACT NOTES SUPPLIED Pension Impact Notes have been supplied for HOUSE BILL 1459, as amended, 2993, as amended, and 4697, as amended. CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
7 [March 1, 2000] Correctional Budget and Impact Notes have been supplied for HOUSE BILLS 1459, as amended, 2374, as amended and 3654, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 60 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the Senate adjourns on Wednesday, March 1, 2000, it stands adjourned until Monday, March 6, 2000, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, March 7, 2000, at 12:00 o'clock noon; and when the House of Representatives adjourns on Friday, March 3, 2000, it stands adjourned until Tuesday, March 7, 2000, at 1:00 o'clock p.m. Adopted by the Senate, March 1, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 60 was placed on the Calendar on the order of Resolutions. REPORTS FROM STANDING COMMITTEES Representative Howard, Chairperson, from the Committee on Children and Youth to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 4336. Representative O'Brien, Chairperson, from the Committee on Child Support Enforcement to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3649. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3649 is as follows: 9, Yeas; 1, Nays; 0, Answering Present. Y Lyons, Joseph, Chair (Kenner) Y Giglio Y Bellock Y Hamos A Black Y Lyons, Eileen, Spkpn N Brady Y McCarthy Y Crotty A Mitchell, Jerry Y Curry, Julie Y O'Brien, V-Chair A Schmitz 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 Floor Amendment be reported "recommends be adopted":
[March 1, 2000] 8 Amendment No. 2 to HOUSE BILL 3007. Amendment No. 2 to HOUSE BILL 4165. The committee roll call vote on Amendment No. 2 to HOUSE BILL 3007 is as follows: 8, Yeas; 7, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y Lopez (Giles) Y Bradley N Pankau Y Bugielski N Poe, Spkpn Y Capparelli N Rutherford N Tenhouse The committee roll call vote on Amendment No. 2 to HOUSE BILL 4165 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 (Giles) 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 Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 298. The committee roll call vote on Amendment No. 3 to HOUSE BILL 298 is as follows: 9, Yeas; 3, Nays; 0, Answering Present. Y Feigenholtz, Chair N Kosel, Spkpn A Bellock N Myers, Richard Y Coulson Y Pugh Y Flowers (McKeon) Y Schoenberg, V-Chair Y Howard (Burke) Y Sharp Y Kenner N Winters Y Wirsing Representative Mautino, Chairperson, from the Committee on Insurance to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 2980. The committee roll call vote on Amendment No. 3 to HOUSE BILL 2980 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Mautino, Chair Y Lopez (Hartke) Y Bradley Y Mitchell, Bill Y Brady, Spkpn Y Parke A Bugielski A Persico A Giles Y Stephens Y Hoeft A Stroger A Kenner A Winkel Y Woolard, V-Chair
9 [March 1, 2000] Representative Dart, Chairperson, from the Committee on Judiciary I-Civil Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 2991. The committee roll call vote on Amendment No. 2 to HOUSE BILL 2991 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair A Lang Y Brosnahan Y Mathias Y Hamos Y Meyer Y Hoffman A Scott, V-Chair A Klingler Y Turner, John, Spkpn A Wait Representative Gash, Chairperson, from the Committee on Judiciary II-Criminal Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3986. Amendment No. 1 to HOUSE BILL 4072. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3986 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Gash, Chair Y Lindner A Bradley A Lyons, Eileen Y Delgado Y O'Brien (Scott) Y Durkin A Scully Y Johnson, Tom A Smith, Michael, V-Chair Y Jones, Lou (Shirley Jones) Y Turner, John A Winkel, Spkpn The committee roll call vote on Amendment No. 1 to HOUSE BILL 4072 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Gash, Chair Y Lindner A Bradley A Lyons, Eileen Y Delgado Y O'Brien (Scott) Y Durkin A Scully Y Johnson, Tom A Smith, Michael, V-Chair Y Jones, Lou (Shirley Jones) Y Turner, John Y Winkel, Spkpn Representative Giles, Chairperson, from the Committee on Local Government to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3131. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3131 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair A Mathias A Acevedo Y Mautino Y Hartke Y Moffitt, Spkpn Y Lawfer A Scott Y Skinner Representative Lang, Chairperson, from the Committee on Mental
[March 1, 2000] 10 Health & Patient Abuse to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3681. The committee roll call vote on Amendment No. 1 to HOUSE BILL 3681 is as follows: 8, Yeas; 4, Nays; 0, Answering Present. Y Lang, Chair N Lindner N Bellock, Spkpn N Lyons, Eileen Y Brosnahan, V-Chair (Lou Jones) Y McCarthy A Cowlishaw Y Mitchell, Jerry Y Crotty (Turner) Y Scott N Klingler Y Woolard Y Jones, Shirley Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 4253. The committee roll call vote on Amendment No. 1 to HOUSE BILL 4253 is as follows: 20, Yeas; 0, Nays; 3, Answering Present. Y Hoffman, Chair A Lyons, Joseph Y Bassi P Mathias Y Black Y McAuliffe Y Brosnahan Y Moffitt (Jerry Mitchell) Y Fowler Y Myers, Richard Y Garrett A O'Brien Y Giglio, V-Chair Y Osterman A Hamos A Pankau Y Harris Y Reitz Y Hartke Y Schmitz (Bost) A Hassert A Scully Y Holbrook P Sharp Y Jones, John Y Wait, Spkpn P Kosel Y Wojcik Y Zickus CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Pugh asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3654. Representative Cowlishaw asked and obtained unanimous consent to be removed as chief sponsor and Representative Hoeft asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4020. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 626 Offered by Representative Slone: WHEREAS, The families of Bill and Hazel Rutherford joined together to establish the non-profit Forest Park Foundation in 1939, with the
11 [March 1, 2000] visionary goal of procuring open land for conservation, education, and recreation; well known in the community, the Foundation has donated land to every park district in central Illinois; and WHEREAS, Wildlife Prairie Park was established in the late 1960's and opened in 1978 as a 1,200-acre park located in Peoria County, with woodlands, grasslands, hiking trails, educational exhibits, miniature trains, and a museum; and WHEREAS, The Park is home to elk, bison, wolves, bears, raptors, and other species native to the State of Illinois, many of which can now be found only in the Park, and the animals are kept in large free-roaming areas so they can be observed in their natural habitats; and WHEREAS, Bill and Hazel Rutherford have guided the Forest Park Foundation into its sixth decade; and WHEREAS, Although Bill and Hazel Rutherford were the founders and inspiration for the Wildlife Prairie Park, many others who believe in their dream have donated materials, money, supplies, and their talents and time to build and run the Park; and WHEREAS, The mission of the Park is to promote conservation, education, recreation, and tourism; and WHEREAS, The General Assembly and the Governor provided for the continuing operation and maintenance of the Illinois Wildlife Prairie Park by enacting Public Act 90-501 to authorize the State of Illinois to accept a deed conveying the Park along with its appurtenances to the State; and WHEREAS, Thanks to the exceptional generosity of Bill and Hazel Rutherford, future generations of Illinois citizens will be able to enjoy this unique 1,200-acre natural preserve; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that Bill and Hazel Rutherford be recognized for their vision and generosity to the people of Illinois in preserving open land in the State for conservation, education, and recreation purposes; and be it further RESOLVED, That suitable copies of this resolution be presented to Bill and Hazel Rutherford and Governor George Ryan. HOUSE RESOLUTION 627 Offered by Representative Dart: WHEREAS, The 1958-59 basketball team at L-P-O Junior College was the most successful team in L-P-O's history as the Apaches finished with an overall 19-6 record, and capped the season with a trip to the National Junior College Tournament in Hutchinson, Kansas; and WHEREAS, Coach John Strell, co-captains Bob Walsh and Jim Mini, along with Irv Batten, George Pohl, John Ossola, Dave Simkins, Joe DiCaroli, and John Wyzgowski received honors during a special ceremony at Illinois Valley Community College, formerly known as L-P-O, on January 22, 2000; and WHEREAS, WLPO's Lanny Slevin introduced each man before a packed gymnasium of proud families, friends, and fans prior to the I.V.C.C. men's basketball game against the College of DuPage; and WHEREAS, Head Coach Mike Riley and I.V.C.C. President Dr. Jean Goodnow are recognized and commended for their extra effort and special interest in making this celebration so great and memorable; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Coach Strell and the entire 1958-1959 men's basketball team at L-P-O Junior College for their sportsmanship and success; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bob Walsh, Jim Mini, Irv Batten, George Pohl, John Ossola, Dave Simkins, Joe DiCaroli, John Wyzgowski, and Coach John Strell, as well as Coach Mike Riley and Dr. Jean Goodnow. HOUSE RESOLUTION 628
[March 1, 2000] 12 Offered by Representative Dart: WHEREAS, The 1958-59 basketball team at L-P-O Junior College was the most successful team in L-P-O's history as the Apaches finished with an overall 19-6 record, and capped the season with a trip to the National Junior College Tournament in Hutchinson, Kansas; and WHEREAS, The Apache's very own half-pint guards, Bob Walsh and Jim Mini, were the best outside shooters, and in one tournament game remarkably scored 73 points between them; and WHEREAS, Along with their outstanding coach, John Strell, co-captains Walsh and Mini, Irv Batten, George Pohl, John Ossola, Dave Simkins, Joe DiCaroli, and John Wyzgowski received honors during a special ceremony at Illinois Valley Community College, formerly known as L-P-O, on January 22, 2000; and WHEREAS, WLPO's Lanny Slevin introduced each former team member before a packed gymnasium of proud families, friends, and fans prior to the I.V.C.C. basketball game against the College of DuPage; and WHEREAS, Both Bob Walsh and Jim Mini still shine forty years later as they reminisce about the days when they could turn any deficit into a game-winning situation by playing smart and shooting from the outside, tallying only two points per shot, since the three-point rule was not yet in the books; and WHEREAS, Bob Walsh and Jim Mini displayed extraordinary charisma as if nothing has changed between them, as they smiled and humbly accepted recognition for holding major records at L-P-O; Jim Mini holds personal records in scoring 48 points in a game, 633 points in a season, and 1,172 points in a career; and WHEREAS, Bob Walsh holds the career high personal record for shooting percentage at 47.7%, and a career low for the fewest fouls at 49; and WHEREAS, These records remind us of the grace, discipline, and hard work put forth by Jim Mini and Bob Walsh to become both basketball stars and stars in life; and WHEREAS, Today Dr. Jim Mini is a successful medical doctor in DuPage County; Bob Walsh is a successful insurance salesman at Suarez and Associates in Peru; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jim Mini, Bob Walsh, Coach Strell, and the entire 1958-1959 men's basketball team at L-P-O Junior College for providing memories and showing true sportsmanship; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bob Walsh and Jim Mini. HOUSE RESOLUTION 629 Offered by Representative Osmond: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the history of institutions in the State of Illinois; and WHEREAS, The Ann M. Kiley Center in Waukegan, Illinois, will be celebrating its 25th anniversary on April 4, 2000; and WHEREAS, The Ann M. Kiley Center is an Illinois Department of Human Services state-operated developmental center; it serves people with developmental disabilities, generally from northern Illinois; the ages of individuals in the Center range from 10 to 85, with an average age of 39; and WHEREAS, The Ann M. Kiley Center was built in 1975; there are 48 single-story, four bedroom homes, with 8 to 10 individuals per home; and WHEREAS, The Ann M. Kiley Center provides residential services, training, and health services to the individuals in residence; the mission of the Kiley Center is to enable individuals to develop and achieve their personal goals by providing supports and services; the Kiley Center strives to assist each resident with developing the potential to return to the world outside the Kiley Center; therefore, be it
13 [March 1, 2000] RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Ann M. Kiley Center in Waukegan, Illinois, on its 25th anniversary of providing hope to special individuals; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Ann M. Kiley Center. HOUSE RESOLUTION 630 Offered by Representatives Madigan, Fowler, Currie, Woolard and Hartke: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of former House member and beloved wife of former United States Senator Paul Simon, Jeanne Hurley Simon, who passed away on Sunday, February 20, 2000; and WHEREAS, Jeanne Hurley and Paul Simon together served in the Illinois House of Representatives, and hold the distinction of being the only members of the General Assembly to be married while both were holding seats; and WHEREAS, The partnership blossomed with Jeanne and her husband working together on his many successful State campaigns; when Paul Simon made a bid for the office of the President in 1988, his wife stood beside him; after the election, Jeanne Simon authored a book, Codename: Scarlett, with the insights of the wife of a presidential candidate; and WHEREAS, Jeanne Hurley Simon graduated from New Trier High School in Winnetka, Illinois; she graduated from Barat College in Lake Forest, and Northwestern University Law School; in the mid-1950's she served as the President of the Women's Bar Association of Illinois; and WHEREAS, Before her election to the Illinois House, Jeanne Hurley Simon served as an assistant state's attorney in Cook County; upon her election to the Illinois House, she sponsored a bill restricting the wiretapping of telephone conversations; and WHEREAS, Jeanne Hurley Simon was the chair of the United States National Commission on Libraries and Information Science; she received the presidential appointment in 1993 and the reappointment in 1997; she received an honorary degree from the University of Illinois at Urbana in 1998; and WHEREAS, In 1997 she joined Southern Illinois University at Carbondale as an adjunct professor of library services; together with her husband, they founded the SIU Public Policy Institute; and WHEREAS, Jeanne Hurley Simon is survived by her husband, Paul Simon; her daughter, Sheila Simon; her son, Martin Simon; and her four grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with her family, friends, colleagues, and the people of the State of Illinois, the death of Jeanne Hurley Simon; and be it further RESOLVED, That a suitable copy of this resolution be presented to her husband, Paul Simon. HOUSE RESOLUTION 631 Offered by Representative Crotty: WHEREAS, The Midlothian United Methodist Church of Midlothian, Illinois, will celebrate its 75th Anniversary with week-long community-wide festivities beginning on April 10, 2000; and WHEREAS, On Sunday, April 16, 2000, Bishop C. Joseph Sprague of the Northern Illinois Conference will attend the worship service which will conclude the week's celebration; and WHEREAS, All the former church pastors of the Midlothian United Methodist Church have been invited "home" to participate in the 75th Anniversary celebrations, and many old friends and former church members will be reunited for the occasion; and WHEREAS, Though as a nation we are committed to the principle of separation of church and state, nevertheless the institution of the
[March 1, 2000] 14 church and its beneficial influence on the lives of its members is vital to the quality and preservation of democracy; and WHEREAS, The Midlothian United Methodist Church has served the spiritual needs of the Midlothian Community for 75 years and shall continue its able ministry, celebrating with the theme "Seventy-Five Years in Mission and Ministry"; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend to the Reverend Amy Jo Jones, Pastor of the Midlothian United Methodist Church, and to all the members our best wishes upon the occasion of the celebration of the church's 75th Anniversary; and be it further RESOLVED, That a suitable copy of this resolution be presented to The Reverend Amy Jo Jones of the Midlothian United Methodist Church for acceptance by her on behalf of all the members of the congregation. HOUSE RESOLUTION 632 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere sympathies to the family and friends of Herbert J. Alexander, on his passing; and WHEREAS, Herbert Alexander grew up in Cleveland, Ohio; he excelled in math in high school, winning every prize available in math and science; he earned a scholarship to Harvard University, and graduated magna cum laude and Phi Beta Kappa in 1963; he earned his Ph.D in mathematics at the University of California at Berkeley in 1968 and went on to teach at the University of Michigan; and WHEREAS, Herbert Alexander joined the University of Illinois-Chicago as a tenured professor nearly 25 years ago; he taught many math courses, lectured around the world, authored many journal articles, and co-authored the book, "Several Complex Variables and Banach Algebras"; and WHEREAS, Herbert Alexander met his wife, Susan Grossman, while both were teaching at the University of California-Los Angeles; together they shared household duties, and Mr. Alexander developed into a superb chef; and WHEREAS, Herbert Alexander is survived by his wife, Susan; his daughters, Meredith and Leslie; and his brother, Joseph; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Herbert J. Alexander; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Herbert J. Alexander. HOUSE RESOLUTION 633 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere sympathies to the family and friends of Stanley C. Golder, on his passing; and WHEREAS, Stanley C. Golder was born in the Hyde Park area of Chicago; he directed several international venture capital and small business development firms; he was an alumnus of the University of Illinois; and WHEREAS, Stanley C. Golder served as chairman of the National Venture Capital Association and the National Association of Small Business Investment Companies; and WHEREAS, Stanley C. Golder was involved with the American Jewish Committee, the Jewish United Fund, the Golden Apple Foundation, the Highland Park Hospital board, Temple Jeremiah in Northfield, the Hebrew Seminary of the Deaf, and an advisory council at the University of Illinois; and WHEREAS, Stanley C. Golder is survived by his wife, Joan; his daughter, Nancy Northrip; his sons, Kenneth and David; a sister, Marjorie Gilbert; and seven grandchildren; therefore, be it
15 [March 1, 2000] RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Stanley C. Golder; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Stanley C. Golder. HOUSE RESOLUTION 634 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere sympathies to the family and friends of Emily Alschuler, on her recent passing away; and WHEREAS, In 1945 she married Richard Alschuler and moved to Glencoe; and WHEREAS, Emily Alschuler was a former resident of the Hyde Park area of Chicago; she was a graduate of the University of Chicago; and WHEREAS, Emily Alschuler served on the board of directors of the American Jewish Committee; she was active in establishing communications between Chicago Jewish and Catholic communities; she served two terms as a member of the Glencoe Board of Education, and two terms on the New Trier Township Board of Education; and WHEREAS, Emily Alschuler is survived by her sons, William and David; her brother-in-law, former Chicago alderman Leon Despres; her two grandsons; and her two granddaughters; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Emily Alschuler; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Emily Alschuler. HOUSE RESOLUTION 635 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the untimely death of Molly R. Hatcher; and WHEREAS, Molly Hatcher was known for her bell-bottom jeans, her rainbow-colored T-shirts, and wearing glitter on her face; and WHEREAS, Molly Hatcher was the middle child of seven, all of whom swam competitively; Molly Hatcher was elected to serve as team captain by both her Evanston Township High School and Kenyon College swim teams; as a member of the Kenyon College team, she helped the team continue it's streak of 16 consecutive NCAA Division III championships; and WHEREAS, In high school, Molly Hatcher was recognized for her talent in swimming the freestyle and butterfly strokes; she was a medalist in State competitions in her junior and senior high years; Molly Hatcher was also a member of the boys' varsity water polo team, because the school did not have a team for girls; and WHEREAS, During her high school summers, Molly Hatcher would work at a camp, teaching young people how to swim; in college she majored in psychology with an emphasis on women's studies; and WHEREAS, Molly Hatcher is survived by her parents, Patricia and Albert Hatcher; her sisters, Erin, Emily, Abigail, Maggie, and Grace; her brother, Brett; and her grandparents, Dorothy and Herbert Horwitz, and Vera Hatcher; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Molly Hatcher; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Molly R. Hatcher. HOUSE BILLS ON SECOND READING Having been read by title a second time on February 29, 2000 and held, the following bills were taken up and advanced to the order of
[March 1, 2000] 16 Third Reading: HOUSE BILLS 3221, 4097, 4626 and 4481. Having been read by title a second time on February 25, 2000 and held, the following bills were taken up and advanced to the order of Third Reading: HOUSE BILLS 2924 and 3049. HOUSE BILL 4369. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Osterman offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4369 AMENDMENT NO. 1. Amend House Bill 4369 as follows: on page 1, line 23, by deleting "(i)"; and by replacing lines 27 and 28 with the following: "characteristics to the temburni or tendu leaf.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3535. Having been recalled on February 29, 2000, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILL 2958. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2958 AMENDMENT NO. 1. Amend House Bill 2958 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Department of Transportation Law is amended by adding Section 2705-580 as follows: (20 ILCS 2705/2705-580 new) Sec. 2705-580. Signs limiting use of vehicle engine compression brakes. (a) The Department shall adopt rules establishing the required content and placement of signs alerting motorists to the limitation in Section 11-1429 of the Illinois Vehicle Code against the use of vehicle engine compression brakes in residential areas of any municipality or county that has adopted an ordinance under Section 11-1429 of the Illinois Vehicle Code. (b) The Department shall install the necessary signs at the request of any municipality or county that has adopted the ordinance noted in subsection (a). [c) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. Section 10. The Illinois Vehicle Code is amended by adding Section 11-1429 as follows: (625 ILCS 5/11-1429 new) Sec. 11-1429. Use of vehicle engine compression brakes in residential areas. (a) No driver shall use or operate any vehicle engine compression brake in a residential area of any municipality or county that has
17 [March 1, 2000] adopted an ordinance under this Section, unless the vehicle engine compression brake is applied in an emergency and is necessary for the protection of persons or property. (b) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. (c) Appropriate signs shall be placed in accordance with standards prescribed by the Department under Section 11-301 of this Code in any municipality or county that by ordinance has adopted the terms of this Section. (d) Any municipality or county that by ordinance adopts the terms of this Section shall notify the Department to install the necessary signs under Section 2705-580 of the Department of Transportation Law. The municipality or county shall reimburse the Department for the cost of those signs. (e) Subsection (a) of this Section does not apply to any authorized emergency vehicle as defined in Chapter 1 of this Code.". Representative Garrett offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2958 AMENDMENT NO. 2. Amend House Bill 2958, AS AMENDED, as follows: by replacing everything after the enacting clause with the following: "Section 5. The Department of Transportation Law is amended by adding Section 2705-580 as follows: (20 ILCS 2705/2705-580 new) Sec. 2705-580. Signs limiting use of vehicle engine compression brakes. (a) The Department shall adopt rules establishing the installation, content, and placement of signs alerting motorists to the limitation in Section 11-1429 of the Illinois Vehicle Code against the use of vehicle engine compression brakes in residential areas of any municipality or county that has adopted an ordinance under Section 11-1429 of the Illinois Vehicle Code. [b) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. Section 10. The Illinois Vehicle Code is amended by adding Section 11-1429 as follows: (625 ILCS 5/11-1429 new) Sec. 11-1429. Use of vehicle engine compression brakes in residential areas. (a) Any municipality or county may adopt an ordinance under this Section restricting the use of any vehicle engine compression brake in a residential area, unless the vehicle engine compression brake is applied in an emergency and is necessary for the protection of persons or property. (b) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. (c) Appropriate signs shall be placed in accordance with standards prescribed by the Department under Section 11-301 of this Code in any municipality or county that by ordinance has adopted the terms of this Section. (d) Any municipality or county that by ordinance adopts the terms of this Section shall notify the Department to install the necessary signs under Section 2705-580 of the Department of Transportation Law. The municipality or county shall reimburse the Department for the cost of those signs. (e) Subsection (a) of this Section does not apply to any authorized emergency vehicle as defined in Chapter 1 of this Code.".
[March 1, 2000] 18 The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4017. Having been read by title a second time on February 24, 2000, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILL 3324. Having been recalled on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendments were offered in the Committee on Registration & Regulation, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3324 AMENDMENT NO. 1. Amend House Bill 3324, on page 1, by replacing line 12 with the following: "(i) individual who is not licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 or (ii) entity, either of which influences or attempts to influence"; and on page 1, line 13, after "care", by inserting "diagnostic or treatment"; and on page 1, immediately below line 28, by inserting the following: "(d) Nothing in this Section shall be construed to prohibit insurers and managed care plans from operating pursuant to the applicable provisions of the Illinois Insurance Code under which the entities are licensed."; and on page 3, by replacing lines 19 through 23 with the following: "division of fees, in a group practice setting under a contractual or employment relationship, between one or more optometrists or one or more optometrists and a licensed health care facility.". AMENDMENT NO. 2 TO HOUSE BILL 3324 AMENDMENT NO. 2. Amend House Bill 3324, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, line 21, after "facility", by adding "such as a hospital". There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4336. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Howard offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4336 AMENDMENT NO. 1. Amend House Bill 4336 on page 1, by replacing line 5 with the following: "amended by changing Sections 7, 7.3, and 35.6 and adding Section 5d as follows:"; and by replacing line 6 on page 1 through line 17 on page 19 with the following: "(20 ILCS 505/5d new) Sec. 5d. Advocacy Office for Children and Families. The Department of Children and Family Services shall establish and maintain
19 [March 1, 2000] an Advocacy Office for Children and Families that shall, in addition to other duties assigned by the Director, receive and respond to complaints that may be filed by children, parents, caretakers, and relatives of children receiving child welfare services from the Department of Children and Family Services or its agents. The Department shall promulgate policies and procedures for filing, processing, investigating, and resolving the complaints. The Department shall make a final report to the complainant of its findings. If a final report is not completed, the Department shall report on its disposition every 30 days. The Advocacy Office shall include a statewide toll-free telephone number that may be used to file complaints, or to obtain information about the delivery of child welfare services by the Department or its agents. This telephone number shall be included in all appropriate notices and handbooks regarding services available through the Department."; and on page 22, by replacing lines 1 through 6 with the following: "parents to meet the needs of the child. When a child must be placed outside his or her home and cannot be immediately returned to his or her parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be determined. Only if race, color, or national origin is identified as a legitimate factor in advancing the child's best interests shall it be considered. Race, color, or national origin shall not be routinely considered in making a placement decision. The"; and on page 23, by replacing lines 23 through 27 with the following: "outside of his or her home, and who cannot be immediately returned to his or her parents or guardian, the placement needs of that child. In the rare instance when an individualized assessment identifies, documents, and substantiates that race, color, or national origin is a factor that needs to be considered in advancing a particular child's best interests, it shall be considered in making a placement.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 3007. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3007 AMENDMENT NO. 1. Amend House Bill 3007 by replacing the title with the following: "AN ACT to create the Predatory Home Loan Practices Act."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Predatory Home Loan Practices Act. Section 5. Definitions. As used in this Act: "Affiliate" means any company that controls, is controlled by, or is under common control with another company, as determined under the Federal Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.). "Annual percentage rate" means the annual percentage rate for the loan calculated according to the provisions of the federal Truth-in-Lending Act (15 U.S.C. 1601, et seq.) and the regulations promulgated thereunder by the Federal Reserve Board. "High-cost home loan" means a home loan for which the annual percentage rate of the home loan at consummation will exceed by more than 6 percentage points the weekly average yield on United States
[March 1, 2000] 20 Treasury securities adjusted to a constant maturity of one year (as made available by the Federal Reserve Board) as of the week immediately preceding the week in which the interest rate for the loan is established. "Home loan" means a loan, other than an open-end credit plan or a reverse mortgage transaction, in which: (i) the principal amount of the loan does not exceed the conforming loan size limit for a single-family dwelling as established from time to time by the Federal National Mortgage Association, (ii) the borrower is a natural person, (iii) the debt is incurred by the borrower primarily for personal, family, or household purposes, and (iv) the loan is secured by a mortgage or deed of trust on real estate upon which there is located or there is to be located a structure or structures, designed principally for occupancy of from one to 4 families, that is or will be occupied by the borrower as the borrower's principal dwelling. "Points and fees" means: (1) all items required to be disclosed under Sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal Regulations, as amended from time to time, except interest or the time-price differential; (2) all charges for items listed under Section 226.4(c)(7) of Title 12 of the Code of Federal Regulations, but only if the lender receives direct or indirect compensation in connection with the charge or the charge is paid to an affiliate of the lender; otherwise, the charges are not included within the meaning of the phrase "points and fees"; (3) all compensation paid directly or indirectly to a mortgage broker, including a broker that originates a loan in its own name in a tablefunded transaction, not otherwise included under item 1 or 2; (4) "Points and fees" does not include (i) taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest and (ii) bona fide and reasonable fees paid to a person other than a lender or an affiliate of the lender or to the mortgage broker or an affiliate of the mortgage broker for any of the following: fees for flood certification; fees for pest infestation and flood determinations; appraisal fees; fees for home inspections performed prior to closing; credit reports; surveys; attorneys' fees (if the borrower has the right to select the attorney from an approved list or otherwise); notary fees; escrow charges, so long as not otherwise included under item (1); title insurance premiums; and fire insurance and flood insurance premiums, provided that the conditions in Section 226.4(d)(2) of Title 12 of the Code of Federal Regulations are met. "Total loan amount" means the same as the term "total loan amount" as used in Section 226.32 of Title 12 of the Code of Federal Regulations, and shall be calculated in accordance with the Federal Reserve Board's Official Staff Commentary to that provision. Section 10. Prohibited acts and practices regarding home loans. (a) No lender may knowingly or intentionally engage in the unfair act or practice of "flipping" a consumer home loan. "Flipping" a loan is the making of a home loan to a borrower that refinances an existing home loan when the new loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances. This provision shall apply regardless of whether the loan is a high-cost home loan. (b) When there is a charge in addition to the stated rate of interest payable directly or indirectly by the borrower and imposed directly or indirectly by the lender as consideration for the loan, whether paid by the borrower or the seller to a third party in connection with the closing of the loan, the charge may not exceed 3% of the total loan amount. (c) No lender shall recommend or encourage default on an existing
21 [March 1, 2000] loan or other debt prior to and in connection with the closing or planned closing of a consumer home loan that refinances all or any portion of the existing loan or debt. Section 15. Limitations and prohibited practices for high-cost home loans. (a) A high-cost home loan is subject to the following limitations and prohibited practices: (1) No call provision. No high-cost home loan may contain a provision that permits the lender, in its sole discretion, to accelerate the indebtedness. This provision does not apply when repayment of the loan has been accelerated by default, pursuant to a due-on-sale provision, or pursuant to some other provision of the loan documents unrelated to the payment schedule. (2) No balloon payment. No high-cost home loan may contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower. (3) No negative amortization. No high-cost home loan may contain a payment schedule with regular periodic payments that cause the principal balance to increase. (4) No increased interest rate. No high-cost home loan may contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness. (5) No advance payments. No high-cost home loan may include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower. (6) No modification or deferral fees. A lender may not charge a borrower any fees or other charges to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan. (7) No mandatory arbitration clause. No high-cost loan may be subject to a mandatory arbitration clause that limits in any way the right of the borrower to seek relief through the judicial process. (8) No lending without home-ownership counseling. A lender may not make a high-cost home loan without first receiving certification from a counselor approved by the United States Department of Housing and Urban Development, a state housing financing agency, or the National Credit Union Administration that the borrower has received counseling on the advisability of the loan transaction and the appropriate loan for the borrower. (9) No refinancing existing high-cost home loan with new high-cost home loan. A lender may not charge a borrower points, fees, or other charges in connection with a high-cost home loan if the proceeds of the high-cost home loan are used, in whole or in part, to refinance an existing high-cost home loan unless the annual percentage rate on the new loan is at least 200 basis points below the contract rate on the existing high-cost loan. (10) Restrictions on home-improvement contracts. (A) Before a creditor makes partial or full payment to a home improvement contractor, the creditor must receive reasonable assurance, through releases or other certifications from all subcontractors that have worked on the residence up to that point in time, that no claim or mechanics' lien will be placed upon the property for that portion of the work for which the payment is made. (B) The proceeds for a home improvement contract shall be disbursed only to the consumer or to the consumer and home improvement contractor jointly or to a bona fide escrow agent of the creditor. Prior to paying more than 70% of the full
[March 1, 2000] 22 price contracted for under the home improvement contract, the creditor shall obtain an inspection from an independent inspector who shall supply a completion certification stating that the home improvements were satisfactorily completed. (C) It shall be a complete defense to payment on a home improvement agreement if payment of more than 70% of the contract price is made by a creditor to a contractor or broker without having fully complied with the requirements of this item (10). (11) Prepayment penalties prohibited. No prepayment fees or prepayment penalties shall be contracted by the borrower and lender with respect to any home loan. (12) Credit insurance financing prohibited. It shall be unlawful for any lender in a home loan to finance, directly or indirectly, any credit life, credit disability, or credit unemployment insurance, or any other life or health insurance premiums, however, insurance premiums calculated and paid on a monthly basis shall not be considered to be financed by the lender. As used in this Section, the term "borrower" refers to each borrower or co-borrower obligated to repay a loan. A lender may not make a home loan unless the lender reasonably believes at the time the loan is consummated that one or more of the borrowers, when considered individually or collectively, will be able to make the scheduled payments to repay the obligation based upon a consideration of their current and expected income, current obligations, employment status, and other financial resources (other than the borrower's equity in the dwelling which secures repayment of the loan). A borrower shall be presumed to be able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, the borrower's total monthly debts, including amounts owed under the loan, do not exceed 45% of the borrower's monthly gross income as verified by the credit application, the borrower's financial statement, a credit report, financial information provided to the lender by or on behalf of the borrower, or any other reasonable means. (b) The provisions of this Section apply to any person who attempts to avoid the application of this Section by (i) the structuring of a loan transaction as an open-end credit plan when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan, (ii) dividing any loan transaction into separate parts for the purpose and with the intent of evading the provisions of this Section, or (iii) any other subterfuge. (c) Unfair and deceptive acts or practices. Except as provided in subsection (d) of this Section, the making of a home loan that violates any provisions of Sections 10 and 15 of this Act is hereby declared usurious in violation of the provisions of this Act and unlawful as an unfair or deceptive act or practice in or affecting commerce. The provisions of this Section apply to any person who in bad faith attempts to avoid the application of this Section by (i) the structuring of a loan transaction as an open-end credit plan for the purpose and with the intent of evading the provisions of this Section when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan, (ii) dividing any loan transaction into separate parts for the purpose and with the intent of evading the provisions of this Section, or (iii) any other subterfuge. The Attorney General, the Office of Banks and Real Estate, or any party to a high-cost home loan may enforce the provisions of this Section. Any person seeking damages or penalties under the provisions of this Section may recover damages under either this Act or other State law, but not both. (d) Corrections and unintentional violations. A lender in a high-cost home loan who, when acting in good faith, fails to comply with subsection (a) of this Section, shall not be deemed to have violated this Section if the lender establishes that either: (1) Within 30 days after the loan closing and prior to the institution of any action under this Section, the borrower is notified of the compliance failure, appropriate restitution is made, and whatever adjustments are
23 [March 1, 2000] necessary are made to the loan to either, at the choice of the borrower, (i) make the high-cost home loan satisfy the requirements of subsection (a) of this Section or (ii) change the terms of the loan in a manner beneficial to the borrower so that the loan will no longer be considered a high-cost home loan subject to the provisions of this Section; or (2) the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid errors and within 60 days after the discovery of the compliance failure and prior to the institution of any action under this Section or the receipt of written notice of the compliance failure, the borrower is notified of the compliance failure, appropriate restitution is made, and whatever adjustments are necessary are made to the loan to either, at the choice of the borrower, (i) make the high-cost home loan satisfy the requirements of subsection (a) of this Section or (ii) change the terms of the loan in a manner beneficial to the borrower so that the loan will no longer be considered a high-cost home loan subject to the provisions of this Section. (e) Assignee liability. Any subsequent holder who purchases or is otherwise assigned a mortgage referred to in this Section shall be subject to all claims and defenses with respect to that mortgage that the consumer could assert against the original creditor of the mortgage. Section 20. Damages. If any person, corporation, or other lender knowingly violates either directly or indirectly any of the provisions described in this Act, the borrower may, recover by means of an action or defense, an amount equal to twice the total of all interest, discount, and charges determined by the loan contract or paid by the borrower, whichever is greater, plus such reasonable attorneys fees and court costs as may be assessed by a court against the lender. Recovery by means of a defense may be had at any time after the loan is transacted. Recovery by means of an action may be had at any time within 2 years after the date on which the total loan amount due under the terms of the loan contract is fully paid. The remedies provided in this Act are not intended to be the exclusive remedies available to a borrower nor must the borrower exhaust any administrative remedies provided under this Act or any other applicable law. Section 25. Enforcement. When the Office of Banks and Real Estate determines that a violation of this Act has occurred, after due process, it shall withdraw the license of the violator. Section 30. Severability. If any portion of this Act is determined to be invalid for any reason by a final nonappealable order of any court of this State or of a federal court of competent jurisdiction, then it shall be severed from this Act. All other provisions of this Act shall remain in full force and effect. Section 35. Applicability. This Act applies to all loans made or entered into after the effective date of this Act.". Representative Burke offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3007 AMENDMENT NO. 2. Amend House Bill 3007, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Residential Mortgage License Act of 1987."; and by replacing everything after the enacting clause with the following: "Section 5. The Residential Mortgage License Act of 1987 is amended by changing Sections 1-4, 1-5, and 4-8 and adding Sections 4-8.1, 4-8.2, 4-8.3, 4-8.4, 4-8.5, 4-8.6, 4-8.7, 4-8.8, 4-8.9, 4-8.10, and 4-8.11 as follows: (205 ILCS 635/1-4) (from Ch. 17, par. 2321-4)
[March 1, 2000] 24 Sec. 1-4. Definitions. (a) "Residential real property" or "residential real estate" shall mean real property located in this State improved by a one-to-four family dwelling used or occupied, wholly or partly, as the home or residence of one or more persons and may refer, subject to regulations of the Commissioner, to unimproved real property upon which those kinds dwellings are to be constructed. (b) "Making a residential mortgage loan" or "funding a residential mortgage loan" shall mean for compensation or gain, either directly or indirectly, advancing funds or making a commitment to advance funds to a loan applicant for a residential mortgage loan. (c) "Soliciting, processing, placing, or negotiating a residential mortgage loan" shall mean for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a residential mortgage loan, assisting or offering to assist in the processing of an application for a residential mortgage loan on behalf of a borrower, or negotiating or offering to negotiate the terms or conditions of a residential mortgage loan with a lender on behalf of a borrower including, but not limited to, the submission of credit packages for the approval of lenders, the preparation of residential mortgage loan closing documents, including a closing in the name of a broker. (d) "Exempt entity" shall mean the following: (1) (i) Any banking organization or foreign banking corporation licensed by the Illinois Commissioner of Banks and Real Estate or the United States Comptroller of the Currency to transact business in this State; (ii) any national bank, federally chartered savings and loan association, federal savings bank, federal credit union; (iii) any pension trust, bank trust, or bank trust company; (iv) any savings and loan association, savings bank, or credit union organized under the laws of this or any other state; (v) any Illinois Consumer Installment Loan Act licensee; (vi) any insurance company authorized to transact business in this State; (vii) any entity engaged solely in commercial mortgage lending; (viii) any service corporation of a savings and loan association or savings bank organized under the laws of this State or the service corporation of a federally chartered savings and loan association or savings bank having its principal place of business in this State, other than a service corporation licensed or entitled to reciprocity under the Real Estate License Act of 2000; or (ix) any first tier subsidiary of a bank, the charter of which is issued under the Illinois Banking Act by the Illinois Commissioner of Banks and Real Estate, or the first tier subsidiary of a bank chartered by the United States Comptroller of the Currency and that has its principal place of business in this State, provided that the first tier subsidiary is regularly examined by the Illinois Commissioner of Banks and Real Estate or the Comptroller of the Currency, or a consumer compliance examination is regularly conducted by the Federal Reserve Board. (2) Any person or entity that
25 [March 1, 2000] as these activities are defined in this Act, and who or which receives no compensation for those activities, subject to the Commissioner's regulations with regard to the nature and amount of compensation. (6) A person who prepares supporting documentation for a residential mortgage loan application taken by a licensee and performs ministerial functions pursuant to specific instructions of the licensee who neither requires nor permits the preparer to exercise his or her discretion or judgment; provided that this activity is engaged in pursuant to a binding, written agreement between the licensee and the preparer that: (A) holds the licensee fully accountable for the preparer's action; and (B) otherwise meets the requirements of this Section and this Act, does not undermine the purposes of this Act, and is approved by the Commissioner. (e) "Licensee" or "residential mortgage licensee" shall mean a person, partnership, association, corporation, or any other entity who or which is licensed pursuant to this Act to engage in the activities regulated by this Act. (f) "Mortgage loan", "residential mortgage loan", or "home mortgage loan" shall mean a loan to or for the benefit of any natural person made primarily for personal, family, or household use, primarily secured by either a mortgage on residential real property or certificates of stock or other evidence of ownership interests in and proprietary leases from, corporations, partnerships, or limited liability companies formed for the purpose of cooperative ownership of residential real property, all located in Illinois. (g) "Lender" shall mean any person, partnership, association, corporation, or any other entity who either lends or invests money in residential mortgage loans. (h) "Ultimate equitable owner" shall mean a person who, directly or indirectly, owns or controls an ownership interest in a corporation, foreign corporation, alien business organization, trust, or any other form of business organization regardless of whether the person owns or controls the ownership interest through one or more persons or one or more proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any combination thereof. (i) "Residential mortgage financing transaction" shall mean the negotiation, acquisition, sale, or arrangement for or the offer to negotiate, acquire, sell, or arrange for, a residential mortgage loan or residential mortgage loan commitment. (j) "Personal residence address" shall mean a street address and shall not include a post office box number. (k) "Residential mortgage loan commitment" shall mean a contract for residential mortgage loan financing. (l) "Party to a residential mortgage financing transaction" shall mean a borrower, lender, or loan broker in a residential mortgage financing transaction. (m) "Payments" shall mean payment of all or any of the following: principal, interest and escrow reserves for taxes, insurance and other related reserves, and reimbursement for lender advances. (n) "Commissioner" shall mean the Commissioner of Banks and Real Estate or a person authorized by the Commissioner, the Office of Banks and Real Estate Act, or this Act to act in the Commissioner's stead. (o) "Loan brokering", "brokering", or "brokerage service" shall mean the act of helping to obtain from another entity, for a borrower, a loan secured by residential real estate situated in Illinois or assisting a borrower in obtaining a loan secured by residential real estate situated in Illinois in return for consideration to be paid by either the borrower or the lender including, but not limited to, contracting for the delivery of residential mortgage loans to a third party lender and soliciting, processing, placing, or negotiating residential mortgage loans. (p) "Loan broker" or "broker" shall mean a person, partnership,
[March 1, 2000] 26 association, corporation, or limited liability company, other than those persons, partnerships, associations, corporations, or limited liability companies exempted from licensing pursuant to Section 1-4, subsection (d), of this Act, who performs the activities described in subsections (c) and (o) of this Section. (q) "Servicing" shall mean the collection or remittance for or the right or obligation to collect or remit for any lender, noteowner, noteholder, or for a licensee's own account, of payments, interests, principal, and trust items such as hazard insurance and taxes on a residential mortgage loan in accordance with the terms of the residential mortgage loan; and includes loan payment follow-up, delinquency loan follow-up, loan analysis and any notifications to the borrower that are necessary to enable the borrower to keep the loan current and in good standing. (r) "Full service office" shall mean office and staff in Illinois reasonably adequate to handle efficiently communications, questions, and other matters relating to any application for, or an existing home mortgage secured by residential real estate situated in Illinois with respect to which the licensee is brokering, funding originating, purchasing, or servicing. The management and operation of each full service office must include observance of good business practices such as adequate, organized, and accurate books and records; ample phone lines, hours of business, staff training and supervision, and provision for a mechanism to resolve consumer inquiries, complaints, and problems. The Commissioner shall issue regulations with regard to these requirements and shall include an evaluation of compliance with this Section in his or her periodic examination of each licensee. (s) "Purchasing" shall mean the purchase of conventional or government-insured mortgage loans secured by residential real estate situated in Illinois from either the lender or from the secondary market. (t) "Borrower" shall mean the person or persons who seek the services of a loan broker, originator, or lender. (u) "Originating" shall mean the issuing of commitments for and funding of residential mortgage loans. (v) "Loan brokerage agreement" shall mean a written agreement in which a broker or loan broker agrees to do either of the following: (1) obtain a residential mortgage loan for the borrower or assist the borrower in obtaining a residential mortgage loan; or (2) consider making a residential mortgage loan to the borrower. (w) "Advertisement" shall mean the attempt by publication, dissemination, or circulation to induce, directly or indirectly, any person to enter into a residential mortgage loan agreement or residential mortgage loan brokerage agreement relative to a mortgage secured by residential real estate situated in Illinois. (x) "Residential Mortgage Board" shall mean the Residential Mortgage Board created in Section 1-5 of this Act. (y) "Government-insured mortgage loan" shall mean any mortgage loan made on the security of residential real estate insured by the Department of Housing and Urban Development or Farmers Home Loan Administration, or guaranteed by the Veterans Administration. (z) "Annual audit" shall mean a certified audit of the licensee's books and records and systems of internal control performed by a certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards. (aa) "Financial institution" shall mean a savings and loan association, savings bank, credit union, or a bank organized under the laws of Illinois or a savings and loan association, savings bank, credit union or a bank organized under the laws of the United States and headquartered in Illinois. (bb) "Escrow agent" shall mean a third party, individual or entity charged with the fiduciary obligation for holding escrow funds on a residential mortgage loan pending final payout of those funds in accordance with the terms of the residential mortgage loan. (cc) "Net worth" shall have the meaning ascribed thereto in
27 [March 1, 2000] Section 3-5 of this Act. (dd) "Affiliate" shall mean: (1) any entity that directly controls or is controlled by the licensee and any other company that is directly affecting activities regulated by this Act that is controlled by the company that controls the licensee; (2) any entity: (A) that is controlled, directly or indirectly, by a trust or otherwise, by or for the benefit of shareholders who beneficially or otherwise control, directly or indirectly, by trust or otherwise, the licensee or any company that controls the licensee; or (B) a majority of the directors or trustees of which constitute a majority of the persons holding any such office with the licensee or any company that controls the licensee; (3) any company, including a real estate investment trust, that is sponsored and advised on a contractual basis by the licensee or any subsidiary or affiliate of the licensee. The Commissioner may define by rule and regulation any terms used in this Act for the efficient and clear administration of this Act. (ee) "First tier subsidiary" shall be defined by regulation incorporating the comparable definitions used by the Office of the Comptroller of the Currency and the Illinois Commissioner of Banks and Real Estate. (ff) "Gross delinquency rate" means the quotient determined by dividing (1) the sum of (i) the number of government-insured residential mortgage loans funded or purchased by a licensee in the preceding calendar year that are delinquent and (ii) the number of conventional residential mortgage loans funded or purchased by the licensee in the preceding calendar year that are delinquent by (2) the sum of (i) the number of government-insured residential mortgage loans funded or purchased by the licensee in the preceding calendar year and (ii) the number of conventional residential mortgage loans funded or purchased by the licensee in the preceding calendar year. (gg) "Delinquency rate factor" means the factor set by rule of the Commissioner that is multiplied by the average gross delinquency rate of licensees, determined annually for the immediately preceding calendar year, for the purpose of determining which licensees shall be examined by the Commissioner pursuant to subsection (b) of Section 4-8 of this Act. (Source: P.A. 90-772, eff. 1-1-99; 91-245, eff. 12-31-99.) (205 ILCS 635/1-5) (from Ch. 17, par. 2321-5) Sec. 1-5. Residential Mortgage Board. (a) Board composition, compensation. There is created the Residential Mortgage Board composed of 7
[March 1, 2000] 28 allowance of $25 for each day or part of a day spent on Board work and shall be entitled to their expenses actually and necessarily incurred in the performance of their duties. The members of the Board serve at the pleasure of the Commissioner. (b) Duties of Board. The Residential Mortgage Board shall assist the Commissioner by: (1) submitting recommendations to the Commissioner for the efficient administration of this Act;
29 [March 1, 2000] hearings, release his or her findings and shall also make public any action taken with respect to the licensee. The Commissioner shall also give full consideration to the findings of this examination whenever reapplication is made by the licensee for a new license under this Act. (f) A licensee that is examined pursuant to subsection (b) shall submit to the Commissioner a plan which shall be designed to reduce that licensee's default rate to a figure that is less than 5%. The plan shall be implemented by the licensee as approved by the Commissioner. A licensee that is examined pursuant to subsection (b) shall report monthly, for a one year period, one, 2, and 3 month defaults. (g) Whenever the Commissioner finds that a licensee's default rate on insured mortgages is unusually high within a particular geographic area, he or she shall require that licensee to submit such information as is necessary to determine whether that licensee's practices have constituted credit fraud, appraisal fraud or property inspection fraud. The Commissioner shall promulgate such rules as are necessary to determine whether any licensee's default rate is unusually high within a particular area. (Source: P.A. 89-355, eff. 1-1-96; 89-626, eff. 8-9-96; 90-301, eff. 8-1-97.) (205 ILCS 635/4-8.1 new) Sec. 4-8.1. Investigations; notice of hearing. Upon the motion of either the Commissioner or the Residential Mortgage Board or upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, or revocation of license under this Act, the Commissioner shall investigate the actions of any person, hereinafter called the "licensee", who holds or represents that he or she holds a license under this Act. The Commissioner shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Commissioner may deem proper with regard to any registration, at least 30 days prior to the date set for the hearing, notify the licensee in writing of any charges made and of the time and place for a hearing on the charges. The Commissioner shall also direct the licensee to file a written answer to the charges under oath within 20 days after the service of the notice upon the licensee and inform the licensee that if he or she fails to file an answer, his or her certificate of registration may be suspended, revoked, or placed on probationary status or that other disciplinary action may be taken with regard thereto, as the Commissioner may deem proper. The written notice and any notice in the proceeding may be served by delivery personally to the licensee or by registered or certified mail to the address specified by the licensee in his or her last notification to the Commissioner. The Commissioner shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a registration or discipline of a licensee. The notice of hearing, the complaint, all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the orders of the Commissioner shall be the record of the proceedings. (205 ILCS 635/4-8.2 new) Sec. 4-8.2. Disciplinary actions. (a) If a licensee, after receiving notice, fails to file an answer, his or her license may, in the discretion of the Commissioner, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or the Commissioner may take whatever disciplinary action he or she may deem proper, including the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. (b) The Commissioner may temporarily suspend the registration of a licensee without a hearing, simultaneous to the institution of proceedings for a hearing under this Act, if the Commissioner finds that evidence in his possession indicates that the person's continuation of use of the title would constitute an immediate danger to the public. In the event that the Commissioner temporarily suspends
[March 1, 2000] 30 the registration of a licensee without a hearing, a hearing pursuant to Section 4-8.3 must be held within 15 days after the suspension has occurred and must be concluded without appreciable delay. (205 ILCS 635/4-8.3 new) Sec. 4-8.3. Hearings. At the time and place fixed in the notice of hearing, the Commissioner shall proceed to hear the charges before the Board, and both the licensee and the complainant shall be accorded ample opportunity to present in person, or by counsel, such statements, testimony, evidence, and arguments as may be pertinent to the charges or to their defense. The Commissioner may continue the hearing from time to time. If the Board is not sitting at the time and place fixed in the notice or at the time and place to which the hearing has been continued, the Commissioner shall continue the hearing for a period not to exceed 30 days. The Commissioner shall have power to subpoena and bring before him or her any licensee under this Act and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed for civil actions in this State. The Commissioner shall have power to administer oaths at any hearing at which the Commissioner is authorized by law to conduct. (205 ILCS 635/4-8.4 new) Sec. 4-8.4. Attendance of witnesses; production of documents. Any circuit court, upon the application of the Commissioner, may order the attendance of witnesses and the production of relevant books and papers in any hearing relative to the application for a suspension of, revocation of, or refusal to renew a registration of, or the discipline of a licensee. The court may compel obedience to its order by proceedings for contempt. (205 ILCS 635/4-8.5 new) Sec. 4-8.5. Recommendations for disciplinary action; action by Commissioner. The Board may advise the Commissioner that probation be granted or that other disciplinary action, including the limitation of the use of license, be taken, as it deems proper. If disciplinary action other than suspension or revocation is taken, the Board may advise the Commissioner to impose reasonable limitations and requirements upon the licensee to insure compliance with the terms of the probation or other disciplinary action in such manner as the Commissioner may require. The Board shall present to the Commissioner a written report of its findings and recommendations. A copy of the report shall be served upon the licensee, either personally or by registered or certified mail. Within 20 days after such service, the licensee may present to the Commissioner his motion in writing for a rehearing, specifying the particular grounds for rehearing. If the licensee orders and pays for a transcript of the record, the time elapsing until the transcript is ready for delivery to him shall not be counted as part of such 20 days. At the expiration of the time allowed for filing a motion for rehearing, the Commissioner may take the action recommended by the Board. Upon suspension, revocation, placement on probationary status, or the taking of any other disciplinary action, including the limiting of the use of the license, deemed proper by the Commissioner, the licensee shall surrender his or her license to the Commissioner if ordered to do so by the Commissioner. Upon a failure or refusal to do so, the Commissioner may seize the license. In all instances in which the Board has rendered a recommendation to the Commissioner with respect to a particular person, the Commissioner shall, to the extent that he or she disagrees with or takes action contrary to the recommendation of the Board, file with the Board his specific written reasons of disagreement. The reasons shall be filed within 30 days after the Commissioner has taken the contrary position. Each order of revocation, suspension, or other disciplinary action shall contain a brief and concise statement of the ground or grounds upon which the Commissioner's action is based, as well as the specific terms and conditions of that action. Whenever the Commissioner is satisfied that substantial justice has not been done either in an examination or in the revocation, suspension, or refusal to issue a license or other disciplinary action, the Commissioner may order a re-examination or rehearing.
31 [March 1, 2000] (205 ILCS 635/4-8.6 new) Sec. 4-8.6. Hearing officer. The Commissioner has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any disciplinary action under this Act. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the the Commissioner and the Board. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Commissioner. If the Board fails to present its report within the 60 day period, the Commissioner may issue an order based on the report of the hearing officer. If the Commissioner disagrees in any regard with the Board's report, he or she may issue an order in contravention of the Board's report. (205 ILCS 635/4-8.7 new) Sec. 4-8.7. Restoration. At any time after suspension, revocation, placement on probationary status, or the taking of any other disciplinary action with regard to any license, the Commissioner may restore the license, or take any other action to reinstate the license without examination, for good cause shown in the opinion of the Commissioner. (205 ILCS 635/4-8.8 new) Sec. 4-8.8. Administrative Review Law. All final administrative decisions of the Commissioner are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County or Cook County. The Commissioner shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Commissioner acknowledging payment of the costs of furnishing and certifying the record. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to a disciplinary action, any sanctions imposed upon the licensee by the Commissioner shall remain in full force and effect. (205 ILCS 635/4-8.9 new) Sec. 4-8.9. Revocation orders. An order of revocation, suspension, placement on probationary status, or other formal disciplinary action as the Commissioner may deem proper, or a certified copy thereof, over the seal of the Commissioner and purporting to be signed by the Commissioner, is prima facie proof that: (1) the signature is the genuine signature of the Commissioner; (2) the Commissioner is duly appointed and qualified; and (3) the Board and the members thereof are qualified. (205 ILCS 635/4-8.10 new) Sec. 4-8.10. Confidential information; disclosure. In hearings conducted under this Act, information presented into evidence that was acquired by the licensee when serving any individual in connection with a residential mortgage, including all financial information of the individual, shall be deemed strictly confidential and shall only be made available either as part of the record of a hearing hereunder or otherwise: (1) when the record is required, in its entirety, for purposes of judicial review; or (2) upon the express written consent of the individual served, or in the case of his or her death or disability, the consent of his or her personal representative. (205 ILCS 635/4-8.11 new) Sec. 4-8.11. Reports of violation. Any person licensed under this Act, or any other person, may report to the Commissioner any information that person may have that appears to show that a licensee
[March 1, 2000] 32 under this Act is or may be in violation of this Act. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 2980. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Insurance, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2980 AMENDMENT NO. 1. Amend House Bill 2980 on page 1, line 16 by changing "specially" to "specifically
33 [March 1, 2000] HOUSE BILLS ON SECOND READING HOUSE BILL 4165. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 4165 AMENDMENT NO. 1. Amend House Bill 4165 on page 6, by replacing line 34 with the following: "(i) At any time after the Board awards racing dates pursuant to the provisions of this Section 20, the acceptance by the applicants of all racing dates awarded pursuant to subsection (f-5), and the completion by applicants of all required actions associated with the acceptance of those racing dates pursuant to subsection (h), an applicant may request changes in the formally executed order of its previously awarded and accepted racing dates, provided that the requested change does not alter the number of its allotted racing dates by more than 5%. If the requested change would not increase the number of racing days awarded by the Board, the Board may act on the request at its next scheduled meeting. If the requested change would increase the number of racing days awarded by the Board, the Board must provide at least 15 days prior written notice of the proposed changes and the hearing date at which it will consider the proposed changes to all applicants that applied for racing dates for the years in which changes in the number of racing days has been requested, to organization licensees awarded racing dates in the years in which changes in the number of racing days has been requested, and to all other affected parties, as reasonably determined by the Board. An opportunity shall be provided to all such applicants, organization licensees, and other affected parties to provide testimony at the hearing as to the requested changes in the number of racing dates. The Illinois Administrative Procedure Act shall not apply to the administrative procedures of the Board in conducting a hearing concerning a request in the number of racing days."; and on page 7, by deleting lines 1 through 8. Representative Biggins offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 4165 AMENDMENT NO. 2. Amend House Bill 4165, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Illinois Horse Racing Act of 1975 by changing Section 30."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Horse Racing Act of 1975 is amended by changing Section 30 as follows: (230 ILCS 5/30) (from Ch. 8, par. 37-30) Sec. 30. (a) The General Assembly declares that it is the policy of this State to encourage the breeding of thoroughbred horses in this State and the ownership of such horses by residents of this State in order to provide for: sufficient numbers of high quality thoroughbred horses to participate in thoroughbred racing meetings in this State, and to establish and preserve the agricultural and commercial benefits of such breeding and racing industries to the State of Illinois. It is the intent of the General Assembly to further this policy by the provisions of this Act. (b) Each organization licensee conducting a thoroughbred racing meeting pursuant to this Act shall provide at least two races each day
[March 1, 2000] 34 limited to Illinois conceived and foaled horses or Illinois foaled horses or both. A minimum of 6 races shall be conducted each week limited to Illinois conceived and foaled or Illinois foaled horses or both. No horses shall be permitted to start in such races unless duly registered under the rules of the Department of Agriculture. (c) Conditions of races under subsection (b) shall be commensurate with past performance, quality, and class of Illinois conceived and foaled and Illinois foaled horses available. If, however, sufficient competition cannot be had among horses of that class on any day, the races may, with consent of the Board, be eliminated for that day and substitute races provided. (d) There is hereby created a special fund of the State Treasury to be known as the Illinois Thoroughbred Breeders Fund. Except as provided in subsection (g) of Section 27 of this Act, 8.5% of all the monies received by the State as privilege taxes on Thoroughbred racing meetings shall be paid into the Illinois Thoroughbred Breeders Fund. (e) The Illinois Thoroughbred Breeders Fund shall be administered by the Department of Agriculture with the advice and assistance of the Advisory Board created in subsection (f) of this Section. (f) The Illinois Thoroughbred Breeders Fund Advisory Board shall consist of the Director of the Department of Agriculture, who shall serve as Chairman; a member of the Illinois Racing Board, designated by it; 2 representatives of the organization licensees conducting thoroughbred racing meetings, recommended by them; 2 representatives of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by it; and 2 representatives of the Horsemen's Benevolent Protective Association or any successor organization established in Illinois comprised of the largest number of owners and trainers, recommended by it, with one representative of the Horsemen's Benevolent and Protective Association to come from its Illinois Division, and one from its Chicago Division. Advisory Board members shall serve for 2 years commencing January 1 of each odd numbered year. If representatives of the organization licensees conducting thoroughbred racing meetings, the Illinois Thoroughbred Breeders and Owners Foundation, and the Horsemen's Benevolent Protection Association have not been recommended by January 1, of each odd numbered year, the Director of the Department of Agriculture shall make an appointment for the organization failing to so recommend a member of the Advisory Board. Advisory Board members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the execution of their official duties. (g) No monies shall be expended from the Illinois Thoroughbred Breeders Fund except as appropriated by the General Assembly. Monies appropriated from the Illinois Thoroughbred Breeders Fund shall be expended by the Department of Agriculture, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board, for the following purposes only: (1) To provide purse supplements to owners of horses participating in races limited to Illinois conceived and foaled and Illinois foaled horses. Any such purse supplements shall not be included in and shall be paid in addition to any purses, stakes, or breeders' awards offered by each organization licensee as determined by agreement between such organization licensee and an organization representing the horsemen. No monies from the Illinois Thoroughbred Breeders Fund shall be used to provide purse supplements for claiming races in which the minimum claiming price is less than $7,500. (2) To provide stakes and awards to be paid to the owners of the winning horses in certain races limited to Illinois conceived and foaled and Illinois foaled horses designated as stakes races. (2.5) To provide an award to the owner or owners of an Illinois conceived and foaled or Illinois foaled horse that wins a maiden special weight, an allowance, overnight handicap race, or claiming race with claiming price of $10,000 or more providing the race is not restricted to Illinois conceived and foaled or Illinois
35 [March 1, 2000] foaled horses. Awards shall also be provided to the owner or owners of Illinois conceived and foaled and Illinois foaled horses that place second or third in those races. To the extent that additional moneys are required to pay the minimum additional awards of 40% of the purse the horse earns for placing first, second or third in those races for Illinois foaled horses and of 60% of the purse the horse earns for placing first, second or third in those races for Illinois conceived and foaled horses, those moneys shall be provided from the purse account at the track where earned. (3) To provide stallion awards to the owner or owners of any stallion that is duly registered with the Illinois Thoroughbred Breeders Fund Program prior to the effective date of this amendatory Act of 1995 whose duly registered Illinois conceived and foaled offspring wins a race conducted at an Illinois thoroughbred racing meeting other than a claiming race. Such award shall not be paid to the owner or owners of an Illinois stallion that served outside this State at any time during the calendar year in which such race was conducted. (4) To provide $75,000 annually for purses to be distributed to county fairs that provide for the running of races during each county fair exclusively for the thoroughbreds conceived and foaled in Illinois. The conditions of the races shall be developed by the county fair association and reviewed by the Department with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board. There shall be no wagering of any kind on the running of Illinois conceived and foaled races at county fairs. (4.1) To provide purse money for an Illinois stallion stakes program. (5) No less than 80% of all monies appropriated from the Illinois Thoroughbred Breeders Fund shall be expended for the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5) as shown above. (6) To provide for educational programs regarding the thoroughbred breeding industry. (7) To provide for research programs concerning the health, development and care of the thoroughbred horse. (8) To provide for a scholarship and training program for students of equine veterinary medicine. (9) To provide for dissemination of public information designed to promote the breeding of thoroughbred horses in Illinois. (10) To provide for all expenses incurred in the administration of the Illinois Thoroughbred Breeders Fund. (h) Whenever the Governor finds that the amount in the Illinois Thoroughbred Breeders Fund is more than the total of the outstanding appropriations from such fund, the Governor shall notify the State Comptroller and the State Treasurer of such fact. The Comptroller and the State Treasurer, upon receipt of such notification, shall transfer such excess amount from the Illinois Thoroughbred Breeders Fund to the General Revenue Fund. (i) A sum equal to 12 1/2% of the first prize money of every purse won by an Illinois foaled or an Illinois conceived and foaled horse in races not limited to Illinois foaled horses or Illinois conceived and foaled horses, or both, shall be paid by the organization licensee conducting the horse race meeting. Such sum shall be paid from the organization licensee's share of the money wagered as follows: 11 1/2% to the breeder of the winning horse and 1% to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, assuring their distribution in accordance with this Act, and servicing and promoting the Illinois thoroughbred horse racing industry. The organization representing thoroughbred breeders and owners shall cause all expenditures of monies received under this subsection (i) to be audited at least annually by a registered public accountant. The organization shall file copies of each annual audit with the Racing Board, the Clerk
[March 1, 2000] 36 of the House of Representatives and the Secretary of the Senate, and shall make copies of each annual audit available to the public upon request and upon payment of the reasonable cost of photocopying the requested number of copies. Such payments shall not reduce any award to the owner of the horse or reduce the taxes payable under this Act. Upon completion of its racing meet, each organization licensee shall deliver to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board a listing of all the Illinois foaled and the Illinois conceived and foaled horses which won breeders' awards and the amount of such breeders' awards under this subsection to verify accuracy of payments and assure proper distribution of breeders' awards in accordance with the provisions of this Act. Such payments shall be delivered by the organization licensee within 30 days of the end of each race meeting. (j) A sum equal to 12 1/2% of the first prize money won in each race limited to Illinois foaled horses or Illinois conceived and foaled horses, or both, shall be paid in the following manner by the organization licensee conducting the horse race meeting, from the organization licensee's share of the money wagered: 11 1/2% to the breeders of the horses in each such race which are the official first, second, third and fourth finishers and 1% to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, assuring their proper distribution in accordance with this Act, and servicing and promoting the Illinois thoroughbred horse racing industry. The organization representing thoroughbred breeders and owners shall cause all expenditures of monies received under this subsection (j) to be audited at least annually by a registered public accountant. The organization shall file copies of each annual audit with the Racing Board, the Clerk of the House of Representatives and the Secretary of the Senate, and shall make copies of each annual audit available to the public upon request and upon payment of the reasonable cost of photocopying the requested number of copies. The 11 1/2% paid to the breeders in accordance with this subsection shall be distributed as follows: (1) 60% of such sum shall be paid to the breeder of the horse which finishes in the official first position; (2) 20% of such sum shall be paid to the breeder of the horse which finishes in the official second position; (3) 15% of such sum shall be paid to the breeder of the horse which finishes in the official third position; and (4) 5% of such sum shall be paid to the breeder of the horse which finishes in the official fourth position. Such payments shall not reduce any award to the owners of a horse or reduce the taxes payable under this Act. Upon completion of its racing meet, each organization licensee shall deliver to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board a listing of all the Illinois foaled and the Illinois conceived and foaled horses which won breeders' awards and the amount of such breeders' awards in accordance with the provisions of this Act. Such payments shall be delivered by the organization licensee within 30 days of the end of each race meeting. (k) The term "breeder", as used herein, means the owner of the mare at the time the foal is dropped. An "Illinois foaled horse" is a foal dropped by a mare which enters this State on or before December 1, in the year in which the horse is bred, provided the mare remains continuously in this State until its foal is born. An "Illinois foaled horse" also means a foal born of a mare in the same year as the mare enters this State on or before March 1, and remains in this State at least 30 days after foaling, is bred back during the season of the foaling to an Illinois Registered Stallion (unless a veterinarian certifies that the mare should not be bred for health reasons), and is not bred to a stallion standing in any other state during the season of
37 [March 1, 2000] foaling. An "Illinois foaled horse" also means a foal born in Illinois of a mare purchased at public auction subsequent to the mare entering this State prior to February 1 of the foaling year providing the mare is owned solely by one or more Illinois residents or an Illinois entity that is entirely owned by one or more Illinois residents. (l) The Department of Agriculture shall, by rule, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board: (1) Qualify stallions for Illinois breeding; such stallions to stand for service within the State of Illinois at the time of a foal's conception. Such stallion must not stand for service at any place outside the State of Illinois during the calendar year in which the foal is conceived. The Department of Agriculture may assess and collect application fees for the registration of Illinois-eligible stallions. All fees collected are to be paid into the Illinois Thoroughbred Breeders Fund. (2) Provide for the registration of Illinois conceived and foaled horses and Illinois foaled horses. No such horse shall compete in the races limited to Illinois conceived and foaled horses or Illinois foaled horses or both unless registered with the Department of Agriculture. The Department of Agriculture may prescribe such forms as are necessary to determine the eligibility of such horses. The Department of Agriculture may assess and collect application fees for the registration of Illinois-eligible foals. All fees collected are to be paid into the Illinois Thoroughbred Breeders Fund. No person shall knowingly prepare or cause preparation of an application for registration of such foals containing false information. (m) The Department of Agriculture, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board, shall provide that certain races limited to Illinois conceived and foaled and Illinois foaled horses be stakes races and determine the total amount of stakes and awards to be paid to the owners of the winning horses in such races. In determining the stakes races and the amount of awards for such races, the Department of Agriculture shall consider factors, including but not limited to, the amount of money appropriated for the Illinois Thoroughbred Breeders Fund program, organization licensees' contributions, availability of stakes caliber horses as demonstrated by past performances, whether the race can be coordinated into the proposed racing dates within organization licensees' racing dates, opportunity for colts and fillies and various age groups to race, public wagering on such races, and the previous racing schedule. (n) The Board and the organizational licensee shall notify the Department of the conditions and minimum purses for races limited to Illinois conceived and foaled and Illinois foaled horses conducted for each organizational licensee conducting a thoroughbred racing meeting. The Department of Agriculture with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board may allocate monies for purse supplements for such races. In determining whether to allocate money and the amount, the Department of Agriculture shall consider factors, including but not limited to, the amount of money appropriated for the Illinois Thoroughbred Breeders Fund program, the number of races that may occur, and the organizational licensee's purse structure. (o) In order to improve the breeding quality of thoroughbred horses in the State, the General Assembly recognizes that existing provisions of this Section to encourage such quality breeding need to be revised and strengthened. As such, a Thoroughbred Breeder's Program Task Force is to be appointed by the Governor by September 1, 1999 to make recommendations to the General Assembly by no later than May
[March 1, 2000] 38 Director of the Racing Board, who shall serve as Chairman. (Source: P.A. 91-40, eff. 6-25-99.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Schmitz, HOUSE BILL 3986 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading. Representative Schmitz offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3986 AMENDMENT NO. 1. Amend House Bill 3986 on page 1, by replacing lines 1 and 2 with the following: "AN ACT to amend certain Acts in relation to criminal law."; and on page 1, by replacing line 6 with the following: "changing Sections 11-20.1A, 11-20.2, and 26-4 as follows: (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A) Sec. 11-20.1A. (a) A person who commits the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography under Sections 11-17.1, 11-19.2 or 11-20.1 of this Code, shall forfeit to the State of Illinois: (1) any profits or proceeds and any interest or property he has acquired or maintained in violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child or child pornography; and (2) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over, any enterprise which he has established, operated, controlled or conducted in violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child or child pornography; and
39 [March 1, 2000] is sought, the circuit court presiding over the trial of the person or persons charged with keeping a place of juvenile prostitution, exploitation of a child or child pornography shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make such a determination, prior to entering any such order, the court shall conduct a hearing without a jury, wherein the People shall establish that there is: (i) probable cause that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and (ii) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. Such hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People, at any stage in the proceedings. The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography or the return of an indictment by a grand jury charging the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography as sufficient evidence of probable cause as provided in item (i) above. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant or an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or prohibition or other action. The court may release such property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission for good cause shown and within the sound discretion of the court. A forfeiture under this Section may be commenced by the Attorney General or a State's Attorney. (3) Upon conviction of a person of keeping a place of juvenile prostitution, exploitation of a child or child pornography, the court shall authorize the Attorney General to seize all property or other interest declared forfeited under this Section upon such terms and conditions as the court shall deem proper. (4) The Attorney General is authorized to sell all property forfeited and seized pursuant to this Section, unless such property is required by law to be destroyed or is harmful to the public, and, after the deduction of all requisite expenses of administration and sale, shall distribute the proceeds of such sale, along with any moneys forfeited or seized, in accordance with subsection (c) of this Section. (c) All monies forfeited and the sale proceeds of all other
[March 1, 2000] 40 property forfeited and seized under this Section shall be distributed as follows: (1) One-half shall be divided equally among all State agencies and units of local government whose officers or employees conducted the investigation which resulted in the forfeiture; and (2) One-half shall be deposited in the Violent Crime Victims Assistance Fund. (Source: P.A. 91-229, eff. 1-1-00.)"; and on page 2, by inserting after line 15 the following: "(720 ILCS 5/26-4) (from Ch. 38, par. 26-4) Sec. 26-4. Unauthorized videotaping. (a) It is unlawful for any person to videotape, photograph, or film another person without that person's consent in a restroom, tanning bed, or tanning salon. (a-5) It is unlawful for any person to disseminate on the Internet any images of another person in a restroom without that other person's consent. For purposes of this subsection (a-5), "Internet" includes the World Wide Web, electronic mail, a news group posting, or Internet file transfer. (b) Exemptions. The following activities shall be exempt from the provisions of this Section: (1) Videotaping, photographing, and filming by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful; (2) Videotaping, photographing, and filming by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections. (c) The provisions of this Section do not apply to any sound recording of an oral conversation made as the result of the videotaping or filming, and to which Article 14 of this Code applies. (d) Sentence. A violation of subsection (a) or (a-5) is a Class A misdemeanor. (Source: P.A. 87-970.) Section 10. The Sex Offender Registration Act is amended by changing Section 2 as follows: (730 ILCS 150/2) (from Ch. 38, par. 222) Sec. 2. Definitions. As used in this Article, the following definitions apply: (A) "Sex offender" means any person who is: (1) charged pursuant to Illinois law, or any substantially similar federal, sister state, or foreign country law, with a sex offense set forth in subsection (B) 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, 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, 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
41 [March 1, 2000] Illinois Sexually Dangerous Persons Act, or any substantially similar federal, 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, sister state, or foreign country law. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Article as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Article. (A-5) "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 this Section or a violation of any substantially similar federal, sister state, or foreign country law. For purposes of this Section, "convicted" shall have the same meaning as "adjudicated". (B) As used in this Section, "sex offense" means: (1) A violation of any of the following Sections of the Criminal Code of 1961: 11-20.1 (child pornography), 11-6 (indecent solicitation of a child), 11-9.1 (sexual exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-19.1 (juvenile pimping), 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 felony violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, and the offense was committed on or after January 1, 1996: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses. (1.6) First degree murder under Section 9-1 of the Criminal Code of 1961, when the victim was a person under 18 years of age, the defendant was at least 17 years of age at the time of the commission of the offense, and the offense was committed on or after June 1, 1996. (1.7) (Blank). (1.8) A violation or attempted violation of Section 11-11 (sexual relations within families) of the Criminal Code of 1961, when the victim was a person under 18 years of age and the offense was committed on or after June 1, 1997. (1.9) Child abduction under paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 committed by luring or attempting to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose and the offense was committed on or after January 1, 1998. (1.10) A violation or attempted violation of any of the following Sections of the Criminal Code of 1961 when the offense was committed on or after the effective date of this amendatory Act of the 91st General Assembly: 10-4 (forcible detention, if the victim is under 18
[March 1, 2000] 42 years of age), 11-6.5 (indecent solicitation of an adult), 11-15 (soliciting for a prostitute, if the victim is under 18 years of age), 11-16 (pandering, if the victim is under 18 years of age), 11-18 (patronizing a prostitute, if the victim is under 18 years of age), 11-19 (pimping, if the victim is under 18 years of age). (2) A violation of any former law of this State substantially equivalent to any offense listed in subsection (B)(1) of this Section. (C) A conviction for an offense of federal law or the law of another state or a foreign country that is substantially equivalent to any offense listed in subsection (B) of this Section shall constitute a 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 or 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. (D) As used in this Article, "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. (E) As used in this Article, "sexual predator" means any person who, after the effective date of this amendatory Act of the 91st General Assembly, is: (1) Convicted of a violation of any of the following Sections of the Criminal Code of 1961 and the conviction occurred after the effective date of this amendatory Act of the 91st General Assembly: 11-17.1 (keeping a place of juvenile prostitution), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-13 (criminal sexual assault, if the victim is a person under 12 years of age), 12-14 (aggravated criminal sexual assault), 12-14.1 (predatory criminal sexual assault of a child), 12-16 (aggravated criminal sexual abuse), 12-33 (ritualized abuse of a child); or (2) convicted of first degree murder under Section 9-1 of the Criminal Code of 1961, notwithstanding that victim was a person under 18 years of age and the defendant was at least 17 years of age at the time of the commission of the offense; or (3) certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, sister state, or foreign country law; or (4) found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, sister state, or foreign country law; or (5) convicted of a second or subsequent offense which requires registration pursuant to this Act. The conviction for the second or subsequent offense must have occurred after the effective
43 [March 1, 2000] date of this amendatory Act of the 91st General Assembly. For purposes of this paragraph (5), "convicted" includes a conviction under any substantially similar Illinois, federal, sister state, or foreign country law. As used in this Article, "sexual predator" also includes a person who has been charged with indecent solicitation of a child under Section 11-6 or child pornography under Section 11-20.1 of the Criminal Code of 1961 in which the basis of the charges are that the defendant attempted to solicit a child by means of the Internet or disseminated child pornography by means of the Internet; notwithstanding that the charges have been dismissed or the defendant has been convicted of a lesser included offense arising out of the same conduct. For purposes of this paragraph (E), "Internet" includes e-mail, a computer chat room, newsgroup, or World Wide Web. (F) As used in this Article, "out-of-state student" means any sex offender 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 or sexual predator who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year. Persons who operate motor vehicles in the State accrue one day of employment time for any portion of a day spent in Illinois. (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 90-655, eff. 7-30-98; 91-48, eff. 7-1-99.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill as amended was ordered transcribed, typed and again advanced to the order of Third Reading. HOUSE BILLS ON SECOND READING HOUSE BILL 4072. Having been recalled on February 23, 2000, and held on the order of Second Reading, the same was again taken up. Representative Schmitz offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4072 AMENDMENT NO. 1. Amend House Bill 4072 by replacing the title with the following: "AN ACT to amend the Statewide Grand Jury Act by changing Section 3."; and by replacing everything after the enacting clause with the following: "Section 5. The Statewide Grand Jury Act is amended by changing Section 3 as follows: (725 ILCS 215/3) (from Ch. 38, par. 1703) Sec. 3. Written application for the appointment of a Circuit Judge to convene and preside over a Statewide Grand Jury, with jurisdiction extending throughout the State, shall be made to the Chief Justice of the Supreme Court. Upon such written application, the Chief Justice of the Supreme Court shall appoint a Circuit Judge from the circuit where the Statewide Grand Jury is being sought to be convened, who shall make a determination that the convening of a Statewide Grand Jury is necessary. In such application the Attorney General shall state that the convening of a Statewide Grand Jury is necessary because of an alleged offense or offenses set forth in this Section involving more than one
[March 1, 2000] 44 county of the State and identifying any such offense alleged; and (a) that he or she believes that the grand jury function for the investigation and indictment of the offense or offenses cannot effectively be performed by a county grand jury together with the reasons for such belief, and (b) (1) that each State's Attorney with jurisdiction over an offense or offenses to be investigated has consented to the impaneling of the Statewide Grand Jury, or (2) if one or more of the State's Attorneys having jurisdiction over an offense or offenses to be investigated fails to consent to the impaneling of the Statewide Grand Jury, the Attorney General shall set forth good cause for impaneling the Statewide Grand Jury. If the Circuit Judge determines that the convening of a Statewide Grand Jury is necessary, he or she shall convene and impanel the Statewide Grand Jury with jurisdiction extending throughout the State to investigate and return indictments: (a) For violations of any of the following or for any other criminal offense committed in the course of violating any of the following: the Illinois Controlled Substances Act, the Cannabis Control Act, the Narcotics Profit Forfeiture Act, or the Cannabis and Controlled Substances Tax Act; a streetgang related felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a money laundering offense; provided that the violation or offense involves acts occurring in more than one county of this State; and (a-5) For violations facilitated by the use of a computer, including the use of the Internet, the World Wide Web, electronic mail, message board, newsgroup, or any other commercial or noncommercial on-line service, of any of the
45 [March 1, 2000] AMENDMENT NO. 2 TO HOUSE BILL 2991 AMENDMENT NO. 2. Amend House Bill 2991 by replacing the title with the following: "AN ACT concerning business names."; and by replacing everything after the enacting clause with the following: "Section 5. The Business Corporation Act of 1983 is amended by adding Section 3.25 and by changing Sections 4.15 and 16.05 as follows: (805 ILCS 5/3.25 new) Sec. 3.25. Locale misrepresentation. (a) A foreign corporation may not intentionally misrepresent in the conduct of its business the corporation's geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. (b) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (b) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (b) is on behalf of that telephone service provider or that publisher or distributor. (c) This Section does not apply to any foreign corporation, the stock of which is traded on a national stock exchange, that has gross annual revenues in excess of $100,000,000. (d) A foreign corporation that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign corporation is guilty of an additional offense for each additional day in violation of this Section. (805 ILCS 5/4.15) (from Ch. 32, par. 4.15) Sec. 4.15. Assumed corporate name. (a) A domestic corporation or a foreign corporation admitted to transact business or attempting to gain admission to transact business may elect to adopt an assumed corporate name that complies with the requirements of paragraphs (2), (3), (4), (5) and (6) of subsection (a) of Section 4.05 of this Act with respect to corporate names. (b) As used in this Act, "assumed corporate name" means any corporate name other than the true corporate name, except that the following shall not constitute the use of an assumed corporate name under this Act: (1) the identification by a corporation of its business with a trademark or service mark of which it is the owner or licensed user; and (2) the use of a name of a division, not separately incorporated and not containing the word "corporation", "incorporated", or "limited" or an abbreviation of one of such words, provided the corporation also clearly discloses its corporate name. (c) Before transacting any business in this State under an assumed corporate name or names, the corporation shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file in duplicate in accordance with Section 1.10 of this Act, an application setting forth: (1) The true corporate name. (2) The state or country under the laws of which it is organized. (3) That it intends to transact business under an assumed corporate name. (4) The assumed corporate name which it proposes to use. (d) The right to use an assumed corporate name shall be effective from the date of filing by the Secretary of State until the first day of the anniversary month of the corporation that falls within the next calendar year evenly divisible by 5
[March 1, 2000] 46 of a corporation that falls within a calendar year evenly divisible by 5
47 [March 1, 2000] prescribed fee for assumed corporate name renewal when due and payable shall be given notice of nonpayment by the Secretary of State by regular mail; and if the fee together with a penalty fee of $5 is not paid within 90 days after the notice is mailed, the right to use the assumed name shall cease. (h) Any corporation which (i) puts forth any sign,
[March 1, 2000] 48 (c) Before conducting any affairs in this State under an assumed corporate name or names, the corporation shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file in accordance with Section 101.10 of this Act, an application setting forth: (1) The true corporate name; (2) The State or country under the laws of which it is organized; (3) That it intends to conduct affairs under an assumed corporate name; (4) The assumed corporate name which it proposes to use. (d) The right to use an assumed corporate name shall be effective from the date of filing by the Secretary of State until the first day of the anniversary month of the corporation that falls within the next calendar year evenly divisible by 5
49 [March 1, 2000] special or general law of this State, or of any State of these United States pertaining to corporations not for pecuniary profit for the purpose of conducting any kind of business or enterprise for any lawful purpose other than for pecuniary profit including religious corporations, may merge or consolidate into a single corporation. The corporation formed by the merger or consolidation may take either the name of one of such merging or consolidating corporations; provided, said name is not the same as or similar to that of a corporation then existing under the laws of this State or of a foreign corporation licensed to do business in this State, or a new name not the same as or similar to that of a corporation then existing under the laws of this State or of a foreign corporation licensed to do business in this State. A foreign corporation may not use or take an assumed or fictitious name in the conduct of its business that intentionally misrepresents the geographic origin or location of the corporation within Illinois. (Source: Laws 1935, p. 618.) (805 ILCS 120/1.5 new) Sec. 1.5. Locale misrepresentation. (a) A foreign corporation may not intentionally misrepresent in the conduct of its business the corporation's geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. (b) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (b) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (b) is on behalf of that telephone service provider or that publisher or distributor. (c) A foreign not-for-profit corporation that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign not-for-profit corporation is guilty of an additional offense for each additional day in violation of this Section. Section 20. The Limited Liability Company Act is amended by changing Section 1-20 and adding Section 1-27 as follows: (805 ILCS 180/1-20) Sec. 1-20. Assumed name. (a) A limited liability company or a foreign limited liability company admitted to transact business or making application for admission to transact business in Illinois may elect to adopt an assumed name that complies with the requirements of Section 1-10 of this Act except (a)(1) shall contain the term "limited liability company", "L.L.C.", or "LLC". (a-5) As used in this Act, "assumed name" means any name other than the true limited liability company name, except that the following do not constitute the use of an assumed name under this Act: (1) A limited liability company's identification of its business with a trademark or service mark of which the company is the owner or licensed user. (2) The use of a name of a division, not containing the word "limited", "liability", or "company" or an abbreviation of one of those words, provided that the limited liability company also clearly discloses its true name. (b) Before transacting any business in Illinois under an assumed limited liability company name or names, the limited liability company shall, for each assumed name, execute and file in duplicate an application setting forth all of the following: (1) The true limited liability company name. (2) The state or country under the laws of which it is organized. (3) That it intends to transact business under an assumed
[March 1, 2000] 50 limited liability company name. (4) The assumed name that it proposes to use. (c) The right to use an assumed name shall be effective from the date of filing by the Secretary of State until the first day of the anniversary month of the limited liability company that falls within the next calendar year evenly divisible by 5. However, if an application is filed within the 2 months immediately preceding the anniversary month of a limited liability company that falls within a calendar year evenly divisible by 5, the right to use the assumed name shall be effective until the first day of the anniversary month of the limited liability company that falls within the next succeeding calendar year evenly divisible by 5. (d) A limited liability company shall renew the right to use its assumed name or names, if any, within the 60 days preceding the expiration of the right, for a period of 5 years, by making an election to do so at the time of filing its annual report form and by paying the renewal fee as prescribed by this Act. (e) A limited liability company or foreign limited liability company may change or cancel any or all of its assumed names by executing and filing an application setting forth all of the following: (1) The true limited liability company name. (2) The state or country under the laws of which it is organized. (3) That it intends to cease transacting business under an assumed name by changing or cancelling it. (4) The assumed name to be changed or cancelled. (5) If the assumed name is to be changed, the assumed name that the limited liability company proposes to use. (f) Upon the filing of an application to change an assumed name, the limited liability company shall have the right to use the assumed name for the balance of the period authorized. (g) The right to use an assumed name shall be cancelled by the Secretary of State if any of the following occurs: (1) The limited liability company fails to renew an assumed name. (2) The limited liability company has filed an application to change or cancel the assumed name. (3) A limited liability company has been dissolved. (4) A foreign limited liability company has had its admission to do business in Illinois revoked. (h) Any limited liability company or foreign limited liability company failing to pay the prescribed fee for assumed name renewal when due and payable shall be given notice of nonpayment by the Secretary of State by regular mail. If the fee, together with a late fee of $100, is not paid within 60 days after the notice is mailed, the right to use the assumed name shall cease. Any limited liability company or foreign limited liability company that (i) puts forth any sign,
51 [March 1, 2000] Sec. 1-27. Locale misrepresentation. (a) A foreign limited liability company may not intentionally misrepresent in the conduct of its business the company's geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. (b) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (b) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (b) is on behalf of that telephone service provider or that publisher or distributor. (c) This Section does not apply to any foreign limited liability company that has gross annual revenues in excess of $100,000,000. (d) A foreign limited liability company that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign limited liability company is guilty of an additional offense for each additional day in violation of this Section. Section 25. The Uniform Partnership Act is amended by adding Section 6.5 and changing Section 8.2 as follows: (805 ILCS 205/6.5 new) Sec. 6.5. Prohibited name; locale misrepresentation. (a) A foreign partnership may not use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the geographic origin or location of the partnership. (b) A foreign partnership may not intentionally misrepresent in the conduct of its business the partnership's geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. This subsection (b) does not apply to any foreign partnership that has gross annual revenues in excess of $100,000,000. (c) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (c) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (c) is on behalf of that telephone service provider or that publisher or distributor. This subsection (c) does not apply to any foreign partnership that has gross annual revenues in excess of $100,000,000. (d) A foreign partnership that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign partnership is guilty of an additional offense for each additional day in violation of this Section. (805 ILCS 205/8.2) Sec. 8.2. Name of registered limited liability partnership; misrepresentation. (a) The name of a registered limited liability partnership shall contain the words "Registered Limited Liability Partnership" or the abbreviation "L.L.P." or the designation "LLP" as the last words or letters of its name. (b) A foreign partnership may not use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the geographic origin or location of the partnership. A foreign partnership may not intentionally misrepresent in the conduct of its business the partnership's geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business
[March 1, 2000] 52 location outside Illinois. This subsection (b) does not apply to any foreign limited liability partnership that has gross annual revenues in excess of $100,000,000. (c) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (c) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (c) is on behalf of that telephone service provider or that publisher or distributor. This subsection (c) does not apply to any foreign limited liability partnership that has gross annual revenues in excess of $100,000,000. (d) A foreign limited liability partnership that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign limited liability partnership is guilty of an additional offense for each additional day in violation of this Section. (Source: P.A. 88-573, eff. 8-11-94.) Section 30. The Revised Uniform Limited Partnership Act is amended by changing Section 102 and adding Section 105.5 as follows: (805 ILCS 210/102) (from Ch. 106 1/2, par. 151-3) Sec. 102. Name. (a) The name of each limited partnership as set forth in its certificate of limited partnership: (1) shall contain the words "limited partnership" or the abbreviation "L.P."; (2) may not contain the name of a limited partner unless (i) it is also the name of a general partner or the corporate name of a corporate general partner, or (ii) the business of the limited partnership had been carried on under the name before the admission of that limited partner as a limited partner; (3) may not contain a word or phrase, or an abbreviation or derivation thereof, the use of which is prohibited or restricted by any other statute of this State unless such restriction has been complied with; (4) shall consist of letters of the English alphabet, Arabic or Roman numerals, or symbols capable of being readily reproduced by the Office of the Secretary of State;
53 [March 1, 2000] geographic origin or location on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. A partnership that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A partnership is guilty of an additional offense for each additional day in violation of this Section. (b) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (b) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (b) is on behalf of that telephone service provider or that publisher or distributor. (c) This Section does not apply to any foreign limited partnership that has gross annual revenues in excess of $100,000,000. (d) A foreign limited partnership that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign limited partnership is guilty of an additional offense for each additional day in violation of this Section. Section 35. The Assumed Business Name Act is amended by changing Section 1 and adding Section 3b as follows: (805 ILCS 405/1) (from Ch. 96, par. 4) Sec. 1. Certificate; misrepresentation. No person or persons shall conduct or transact business in this State under an assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals conducting or transacting such business, unless such person or persons shall file in the office of the County Clerk of the County in which such person or persons conduct or transact or intend to conduct or transact such business, a certificate setting forth the name under which the business is, or is to be, conducted or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same, with the post office address or addresses of such person or persons and every address where such business is, or is to be, conducted or transacted in the county. The certificate shall be executed and duly acknowledged by the person or persons so conducting or intending to conduct the business. Notice of the filing of such certificate shall be published in a newspaper of general circulation published within the county in which the certificate is filed. Such notice shall be published once a week for 3 consecutive weeks. The first publication shall be within 15 days after the certificate is filed in the office of the County Clerk. Proof of publication shall be filed with the County Clerk within 50 days from the date of filing the certificate. Upon receiving proof of publication, the clerk shall issue a receipt to the person filing such certificate but no additional charge shall be assessed by the clerk for giving such receipt. Unless proof of publication is made to the clerk, the certificate of registration of the assumed name is void. If any person changes his name or his residence address or the address of any place of business in the county where such assumed name is being employed after filing a certificate, or if the name of a person is added to any business organization for which a certificate is on file, such person shall file an additional, duly acknowledged certificate in the office of the County Clerk of the county in which such person transacts business under an assumed name. The certificate shall set out the change or addition as the case may be. Such certificate shall also set out the post office address of the person. If any business organization for which such certificate has been filed in any county of this State shall remove its place of business to another county in this State or shall establish an additional location for doing business in another county of this State, a certificate shall be filed in the office of the County Clerk of such other county and
[March 1, 2000] 54 notice of the filing of such certificate of a change or addition of a name shall be published and proof of publication made pursuant to the provisions of this section in the same manner as is provided for original certificates to do business under an assumed name. A foreign person or foreign entity may not use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the origin or location of the person or entity. (Source: P.A. 86-622.) (805 ILCS 405/3b new) Sec. 3b. Locale misrepresentation. (a) A foreign person or foreign entity may not intentionally misrepresent in the conduct of its business the geographic origin or location of the person or entity on a sign, advertisement, or telephone listing by using an Illinois or toll-free telephone number that when called is forwarded or otherwise transferred to a business location outside Illinois. (b) A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory. This subsection (b) does not apply to a telephone service provider or to the publisher or distributor of a telephone service directory, unless the conduct prescribed in this subsection (b) is on behalf of that telephone service provider or that publisher or distributor. (c) This Section does not apply to any foreign person or foreign entity that has gross annual revenues in excess of $100,000,000. (d) A foreign limited partnership that violates this Section is guilty of a petty offense and must be fined not less than $501 and not more than $1,000. A foreign limited partnership is guilty of an additional offense for each additional day in violation of this Section.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3131. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Lawfer offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3131 AMENDMENT NO. 1. Amend House Bill 3131 by replacing the title with the following: "AN ACT concerning township plan commissions."; and by replacing everything after the enacting clause with the following: "Section 5. The Township Code is amended by changing Section 105-35 as follows: (60 ILCS 1/105-35) Sec. 105-35. Township plan commission. (a) In townships
55 [March 1, 2000] pay the expenses of that staff. (b) Every township plan commission may have the following powers and duties: (1) The commission may prepare and recommend to the township board a comprehensive plan for the present and future development or redevelopment of the unincorporated areas of the township. The plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official plan, or part of the official plan, of that township. The plan may include reasonable requirements with reference to streets, alleys, public grounds, and other improvements specified in this Section. The plan may recommend (i) establishing reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements as defined in this Section and (ii) establishing reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. (2) The commission may from time to time recommend changes in the official comprehensive plan. (3) The commission may from time to time prepare and recommend to the township authorities plans for specific improvements in pursuance of the official comprehensive plan. (4) The commission may give aid to the officials charged with the direction of projects for improvements embraced within the official plan to further the making of these projects and, generally, may promote the realization of the official comprehensive plan. (5) The commission may prepare and recommend to the township board schemes for regulating or forbidding structures or activities in unincorporated areas that may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977, or may recommend changes in those schemes. (6) The commission may exercise other powers germane to the powers granted by this Section that are conferred by the township board. (c) If the county in which the township is located has adopted a county zoning ordinance under Division 5-12 of the Counties Code, the recommendations of the township plan commission may be presented by the township board to the county board of that county. (Source: P.A. 86-1480; 86-1489; 87-435; 88-62.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4253. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Bost offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4253 AMENDMENT NO. 1. Amend House Bill 4253 as follows: on page 1, by replacing line 1 with the following:
[March 1, 2000] 56 "AN ACT to amend the Downstate Public Transportation Act by changing Sections 2-2.02, 2-2.04, and 2-7."; and on page 1, by replacing lines 4 through 18 with the following: "Section 5. The Downstate Public Transportation Act is amended by changing Sections 2-2.02, 2-2.04, and 2-7 as follows: (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) Sec. 2-2.02. "Participant" means: (1) a city, village, or incorporated town, or a local mass transit district organized under the Local Mass Transit District Act (a) serving an urbanized area of over 50,000 population on December 28, 1989, (b) receiving State mass transportation operating assistance pursuant to the Downstate Public Transportation Act during Fiscal Year 1979, or (c) serving a nonurbanized area and receiving federal rural public transportation assistance during Fiscal Year 2001
57 [March 1, 2000] expenses incurred during such fiscal year, or projected operating expenses upon which the appropriation for such participant for the Fiscal Year 1980 is based; whichever is less. With respect to all participants other than any Metro-East Transit District participant, the maximum eligible operating expenses for any such participant in any fiscal year after Fiscal Year 1985 shall be the amount appropriated for such participant for the fiscal year ending June 30, 1985, plus in each year a 10% increase over the maximum established for the preceding year. For Fiscal Year 1985, the maximum eligible operating expenses for any such participant shall be the amount of projected operating expenses upon which the appropriation for such participant for Fiscal Year 1985 is based. The 10% maximum increase over the amount appropriated for the preceding year, however, may be exceeded for a participant that received an initial appropriation in Fiscal Year 1994,
[March 1, 2000] 58 allocation pursuant to Section 2-6 of this Article shall be the first participants to receive an amount not less than that received in the immediate prior year. (c) No later than 180 days following the last day of the Fiscal Year each participant shall provide the Department with an audit prepared by a Certified Public Accountant covering that Fiscal Year. Any discrepancy between the grants paid and one-third of the eligible operating expenses or in the case of the Bi-State Metropolitan Development District the approved program amount shall be reconciled by appropriate payment or credit. Beginning in Fiscal Year 1985, for those participants other than the Bi-State Metropolitan Development District, any discrepancy between the grants paid and the percentage of the eligible operating expenses provided for by paragraph (b) of this Section shall be reconciled by appropriate payment or credit. (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; revised 8-9-99.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been read by title a second time on February 24, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3576. HOUSE BILL 4263. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Silva offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4263 AMENDMENT NO. 1. Amend House Bill 4263 on page 1, line 18 by deleting "or a third party employer". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3120. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3120 AMENDMENT NO. 1. Amend House Bill 3120 by replacing the title with the following: "AN ACT to amend the Property Tax Code by changing Section 12-55."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Section 12-55 as follows: (35 ILCS 200/12-55)
59 [March 1, 2000] Sec. 12-55. Notice requirement if assessment is increased; counties of 3,000,000 or more inhabitants. (a) In counties with 3,000,000 or more inhabitants, a revision by the county assessor, except where such revision is made on complaint of the owner, shall not increase an assessment without notice to the person to whom the most recent tax bill was mailed and an opportunity to be heard before the assessment is verified. The assessor may provide for the filing of complaints and make revisions at times other than those dates published under Section 14-35. When the county assessor has completed the revision and correction and entered the changes and revision in the assessment books, an affidavit shall be attached to the assessment books in the form required by law, signed by the county assessor. (b) In counties with 3,000,000 or more inhabitants, for parcels, other than parcels in the class that includes the majority of the single-family residential parcels under a county ordinance adopted in accordance with Section 4 of Article IX of the Illinois Constitution, located in the assessment district for which the current assessment year is a general assessment year, within 30 days after sending the required notices under this Section, the county assessor shall file with the board of appeals (until the first Monday in December 1998, and the board of review beginning the first Monday in December 1998 and thereafter) a list of the parcels for which the notices under this Section were sent, showing the following information for each such parcel: the parcel index number, the township in which the parcel is located, the class for the current year, the previous year's final total assessed value, the total assessed value proposed by the county assessor, and the name of the person to whom the notice required under this Section was sent. The list shall be available for public inspection at the office of the board during the regular office hours of the board. The list shall be retained by the board for at least 10 years after the date it is initially filed by the county assessor. (c) The provisions of subsection (b) of this Section shall be applicable beginning with the assessment for the 1997 tax year. (Source: P.A. 90-4, eff. 3-7-97.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Garrett, HOUSE BILL 3535 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Sommer, HOUSE BILL 4433 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: 118, 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.
[March 1, 2000] 60 HOUSE BILLS ON SECOND READING HOUSE BILL 3467. Having been read by title a second time on February 29, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3467 AMENDMENT NO. 1. Amend House Bill 3467 by replacing the title with the following: "AN ACT to amend the Uniform Penalty and Interest Act by changing Section 3-2."; and by replacing everything after the enacting clause with the following: "Section 5. The Uniform Penalty and Interest Act is amended by changing Sections 3-2 as follows: (35 ILCS 735/3-2) (from Ch. 120, par. 2603-2) Sec. 3-2. Interest. (a) Interest paid by the Department of Revenue to taxpayers and interest charged to taxpayers by the Department of Revenue shall be paid at the annual rate determined by the Department of Revenue. That rate shall be the underpayment rate established under Section 6621 of the Internal Revenue Code. (b) The interest rate shall be adjusted on a semiannual basis, on January 1 and July 1, based upon the underpayment rate going into effect on that January 1 or July 1 under Section 6621 of the Internal Revenue Code. (c) Interest shall be simple interest calculated on a daily basis. Interest shall accrue upon tax
61 [March 1, 2000] (Source: P.A. 89-379, eff. 1-1-96.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE 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 Hamos, HOUSE BILL 3482 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: 69, Yeas; 47, Nays; 2, 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. On motion of Representative Winkel, HOUSE BILL 4182 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; 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 and ask their concurrence. On motion of Representative Brosnahan, HOUSE BILL 3239 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: 63, Yeas; 51, Nays; 3, Answering Present. (ROLL CALL 5) VERIFIED ROLL CALL This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Moffitt, HOUSE BILL 3324 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: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING Having been read by title a second time on February 29, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3036. 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
[March 1, 2000] 62 amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Franks, HOUSE BILL 3036 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: 63, Yeas; 37, Nays; 18, Answering Present. (ROLL CALL 7) VERIFIED ROLL CALL This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Wirsing, HOUSE BILL 2992 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 and ask their concurrence. On motion of Representative Gash, HOUSE BILL 4525 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Gash, further consideration of HOUSE BILL 4525 was postponed. On motion of Representative Granberg, HOUSE BILL 3902 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: 78, Yeas; 34, Nays; 3, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hultgren, HOUSE BILL 3292 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Flowers, HOUSE BILL 2962 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: 95, Yeas; 23, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bill Mitchell, HOUSE BILL 2880 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 12) This bill, having received the votes of a constitutional majority
63 [March 1, 2000] of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING Having been read by title a second time on February 29, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 4431. 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 Osmond, HOUSE BILL 4482 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Currie, HOUSE BILL 4431 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: 86, Yeas; 31, Nays; 0, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bost, HOUSE BILL 4703 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 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Slone, HOUSE BILL 4349 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: 91, Yeas; 27, Nays; 0, Answering Present. (ROLL CALL 16) 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 Sommer, HOUSE BILL 4481 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
[March 1, 2000] 64 Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Novak, HOUSE BILL 3027 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: 82, Yeas; 35, Nays; 0, Answering Present. (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Woolard, HOUSE BILL 2932 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Bugielski, HOUSE BILL 4480 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 1281, 1591 and 1592. HOUSE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 1284. At the hour of 7:30 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, March 2, 2000, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
65 [March 1, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 01, 2000 0 YEAS 0 NAYS 118 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 P 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
[March 1, 2000] 66 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4433 CHIP PREEXISTING CONDITION THIRD READING PASSED MAR 01, 2000 118 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 Y 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
67 [March 1, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3482 PROC CD-CONSTRCTN JOB POSTINGS THIRD READING PASSED MAR 01, 2000 69 YEAS 47 NAYS 2 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO N BLACK N GIGLIO N MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT P BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH P CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING N DAVIS,STEVE Y KLINGLER Y PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
[March 1, 2000] 68 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4182 U OF I BOARD-STUDENT TRUSTEES THIRD READING PASSED MAR 01, 2000 117 YEAS 1 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 N 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 Y 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
69 [March 1, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3239 CIV PRO-SUNSHINE IN LITIGATION THIRD READING PASSED VERIFIED ROLL CALL MAR 01, 2000 63 YEAS 51 NAYS 3 PRESENT Y ACEVEDO Y FOWLER P LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN P HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRY Y SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER P COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN A O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE Y WOOLARD Y DURKIN N KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
[March 1, 2000] 70 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3324 OPTOMETRY-FEE SHARING THIRD READING PASSED MAR 01, 2000 118 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 Y 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
71 [March 1, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3036 PRESCRIPTION DRUG DISCOUNT ACT THIRD READING PASSED VERIFIED ROLL CALL MAR 01, 2000 63 YEAS 37 NAYS 18 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ P BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS P SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES P McAULIFFE Y SCHOENBERG P BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS P MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI P HASSERT N MITCHELL,JERRY Y SLONE Y BURKE P HOEFT P MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER P COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY P JOHNSON,TIM P MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY P JONES,JOHN Y O'BRIEN P WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU P WOJCIK Y DELGADO P KOSEL P PARKE Y WOOLARD N DURKIN N KRAUSE N PERSICO Y YOUNGE P ERWIN Y LANG N POE P ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
[March 1, 2000] 72 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2992 FOOD ANIMAL INSTITUTE-TECH THIRD READING PASSED MAR 01, 2000 115 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 A McCARTHY Y SCOTT Y BRADLEY Y HAMOS A McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON A 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 Y 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
73 [March 1, 2000] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3903 INS WORKERS COMP-CONST RATES THIRD READING PASSED MAR 01, 2000 78 YEAS 34 NAYS 3 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS N GASH N MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRY Y SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK N MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY A JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY P JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART P JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD A DURKIN Y KRAUSE N PERSICO Y YOUNGE P ERWIN Y LANG Y POE N ZICKUS A FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[March 1, 2000] 74 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3292 VEH CD-DUI-COURT SUPERVISION THIRD READING PASSED MAR 01, 2000 116 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 A 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 A SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y 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
75 [March 1, 2000] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2962 SCH CD-DEPRESSION-SUICIDE THIRD READING PASSED MAR 01, 2000 95 YEAS 23 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS Y HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT N 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 N WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU N WOJCIK Y DELGADO N KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
[March 1, 2000] 76 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2880 CEMETERY CARE ACT-ACCESS THIRD READING PASSED MAR 01, 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 A 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 Y 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
77 [March 1, 2000] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4482 NUCLEAR SAFETY-SHIPMENT SRCHRG THIRD READING PASSED MAR 01, 2000 116 YEAS 1 NAYS 0 PRESENT Y ACEVEDO N 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 Y 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 A 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
[March 1, 2000] 78 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4431 TAXES-INCOME-USE-OCC-CIGARETTE THIRD READING PASSED MAR 01, 2000 86 YEAS 31 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY A LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER Y PANKAU N WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD N DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
79 [March 1, 2000] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4703 H-ED-WORK STUDY THIRD READING PASSED MAR 01, 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 A 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 Y 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
[March 1, 2000] 80 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4349 PART DIST CD-LEASES-REFERENDUM THIRD READING PASSED MAR 01, 2000 91 YEAS 27 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N 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 N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N 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 N KLINGLER Y PANKAU N WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE Y ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
81 [March 1, 2000] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4481 EPA-USED TIRE MNGE FND-ALLCTNS THIRD READING PASSED MAR 01, 2000 116 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 Y 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 A 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 A 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
[March 1, 2000] 82 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3027 UTIL UNBUNDLE SERVICE-TECH THIRD READING PASSED MAR 01, 2000 82 YEAS 35 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ N BASSI N FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH N MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRY Y SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN A WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER Y PANKAU N WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE N ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH