STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
115TH LEGISLATIVE DAY
TUESDAY, APRIL 4, 2000
1:00 O'CLOCK P.M.
NO. 115
[April 4, 2000] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
115th Legislative Day
Action Page(s)
Adjournment........................................ 46
Change of Sponsorship.............................. 34
Correctional Budget And Impact Note Supplied....... 5
Fiscal Notes Supplied.............................. 5
Home Rule Impact Note Supplied..................... 5
Judicial Note Supplied............................. 5
Land Conveyance Note Supplied...................... 5
Pension Impact Note Supplied....................... 5
Quorum Roll Call................................... 4
State Mandate Note Supplied........................ 5
Temporary Committee Assignments.................... 4
Bill Number Legislative Action Page(s)
HB 0477 Motion Submitted................................... 4
HB 0589 Motion Submitted................................... 4
HB 0589 Senate Message - Passage w/ SA..................... 23
HB 2067 Senate Message - Passage w/ SA..................... 6
HB 2130 Senate Message - Passage w/ SA..................... 8
HB 3073 Senate Message - Passage w/ SA..................... 24
HB 3132 Motion Submitted................................... 4
HB 3312 Senate Message - Passage w/ SA..................... 10
HB 3435 Motion Submitted................................... 4
HB 3435 Senate Message - Passage w/ SA..................... 10
HB 3460 Senate Message - Passage w/ SA..................... 26
HB 3478 Motion Submitted................................... 4
HB 3478 Senate Message - Passage w/ SA..................... 13
HB 3548 Senate Message - Passage w/ SA..................... 27
HB 4020 Senate Message - Passage w/ SA..................... 28
HB 4097 Senate Message - Passage w/ SA..................... 14
HB 4433 Motion Submitted................................... 4
HB 4433 Senate Message - Passage w/ SA..................... 21
HJR 0040 Resolution--Senate Message......................... 21
HJR 0054 Resolution......................................... 30
HJR 0055 Resolution......................................... 31
HJR 0056 Resolution......................................... 33
HR 0677 Adoption........................................... 45
HR 0679 Adoption........................................... 45
HR 0680 Adoption........................................... 45
HR 0681 Adoption........................................... 45
HR 0682 Adoption........................................... 45
HR 0683 Adoption........................................... 45
HR 0684 Adoption........................................... 45
HR 0686 Adoption........................................... 34
HR 0688 Adoption........................................... 45
HR 0689 Adoption........................................... 45
HR 0690 Adoption........................................... 45
HR 0691 Adoption........................................... 45
HR 0693 Adoption........................................... 45
HR 0694 Adoption........................................... 45
HR 0695 Adoption........................................... 45
HR 0696 Adoption........................................... 45
HR 0697 Adoption........................................... 45
HR 0698 Adoption........................................... 45
HR 0700 Adoption........................................... 45
HR 0701 Adoption........................................... 45
HR 0703 Adoption........................................... 45
3 [April 4, 2000]
Bill Number Legislative Action Page(s)
HR 0703 Adoption........................................... 45
HR 0704 Adoption........................................... 45
HR 0705 Resolution......................................... 29
HR 0706 Resolution......................................... 29
HR 0707 Adoption........................................... 45
HR 0708 Adoption........................................... 45
SB 0742 Third Reading...................................... 43
SB 0747 Committee Report................................... 29
SB 1248 Second Reading..................................... 35
SB 1268 Second Reading - Amendment/s....................... 39
SB 1277 Second Reading..................................... 35
SB 1304 Second Reading - Amendment/s....................... 40
SB 1317 Second Reading..................................... 35
SB 1319 Second Reading..................................... 35
SB 1332 Third Reading...................................... 39
SB 1339 Third Reading...................................... 39
SB 1376 Second Reading..................................... 35
SB 1382 Second Reading..................................... 35
SB 1387 Second Reading - Amendment/s....................... 35
SB 1391 Second Reading - Amendment/s....................... 43
SB 1404 Recall............................................. 45
SB 1428 Second Reading..................................... 35
SB 1504 Second Reading..................................... 35
SB 1508 Second Reading - Amendment/s....................... 44
SB 1537 Second Reading..................................... 35
SB 1540 Second Reading - Amendment/s....................... 39
SB 1550 Recall............................................. 34
SB 1550 Second Reading - Amendment/s....................... 39
SB 1582 Second Reading..................................... 35
SB 1599 Second Reading..................................... 35
SB 1626 Second Reading..................................... 35
SB 1638 Third Reading...................................... 34
SB 1655 Third Reading...................................... 43
SB 1658 Second Reading - Amendment/s....................... 42
SB 1701 Third Reading...................................... 43
SB 1734 Second Reading..................................... 35
SB 1735 Second Reading..................................... 35
SB 1780 Second Reading..................................... 35
SB 1875 Third Reading...................................... 45
[April 4, 2000] 4
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Reverend Anne Schmitt of the McHenry County Church of
Religious Science in Woodstock, Illinois.
Representative Howard 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)
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Flowers, should be
recorded as present.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Myers replaced Representative John Jones, and
Representative Coulson replaced Representative Moffitt in the Committee
on Elementary & Secondary Education on March 30, 2000.
Representative Bost replaced Representative Moffitt in the
Committee on Transportation & Motor Vehicles on March 30, 2000.
Representative Ryder replaced Representative Winters in the
Committee on Appropriations-General Services & Government Oversight on
March 30, 2000.
Representative McAuliffe replaced Representative Bill Mitchell in
the Committee on Agriculture & Conservation on March 30, 2000.
JOINT ACTION MOTIONS SUBMITTED
Representative Joseph Lyons submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 3478.
Representative Mautino submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 589.
Representative Moffitt submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 3435.
Representative Sommer submitted the following written motion, which
was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 4433.
Representative Cross submitted the following written motion, which
was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 477.
Representative Poe submitted the following written motion, which
was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 3132.
Representative Mathias submitted the following written motion,
5 [April 4, 2000]
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE JOINT
RESOLUTION 40.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for SENATE BILLS 298, as amended,
807, as amended,1310, as amended and 1447.
CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED
A Correctional Budget And Impact Note has been supplied for SENATE
BILL 730, as amended.
PENSION IMPACT NOTE SUPPLIED
A Pension Impact Note has been supplied for SENATE BILL 730, as
amended.
JUDICIAL NOTE SUPPLIED
A Judicial Note has been supplied for SENATE BILL 730, as amended.
LAND CONVEYANCE NOTE SUPPLIED
A Land Conveyance Note has been supplied for SENATE BILL 730, as
amended.
HOME RULE IMPACT NOTE SUPPLIED
A Home Rule Impact Note has been supplied for SENATE BILL 1310, as
amended.
STATE MANDATE NOTE SUPPLIED
A State Mandate Note has been supplied for SENATE BILL 1310, as
amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2067
A bill for AN ACT to amend the School Code by changing Section
18-8.05.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2067.
[April 4, 2000] 6
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2067 by replacing the title with
the following:
"AN ACT to amend the School Code by adding Sections 10-20.34 and
34-18.21."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by adding Sections 10-20.34
and 34-18.21 as follows:
(105 ILCS 5/10-20.34 new)
Sec. 10-20.34. Medicaid-eligible children; health care resources.
As authorized by federal law, a school district may access federally
funded health care resources if the school district provides early
periodic screening and diagnostic testing services, including screening
and diagnostic services, health care and treatment, preventive health
care, or any other measure, to correct or improve health impairments of
Medicaid-eligible children.
(105 ILCS 5/34-18.21 new)
Sec. 34-18.21. Medicaid-eligible children; health care resources.
As authorized by federal law, the school district may access federally
funded health care resources if the school district provides early
periodic screening and diagnostic testing services, including screening
and diagnostic services, health care and treatment, preventive health
care, or any other measure, to correct or improve health impairments of
Medicaid-eligible children.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2067 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2130
A bill for AN ACT to amend the Fire Protection District Act by
adding Section 11h.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2130.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2130 by replacing the title with
the following:
"AN ACT concerning fire protection districts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Fire Protection District Act is amended by
changing Section 21 as follows:
7 [April 4, 2000]
(70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
Sec. 21. The territory of a fire protection district within the
limits of any city, village or incorporated town may be disconnected
from the district in the manner hereinafter provided; (1) if more than
50% of the total territory of the fire protection district is within
the limits of the same city, village or incorporated town filing the
petition for disconnection; (2) if such municipality, prior to the
filing of a petition to disconnect, assumes by ordinance all the bonded
indebtedness and other debts of the fire protection district; and, (3)
if such municipality, prior to the filing of such petition, assumes by
ordinance the obligation of providing fire protection service to the
remaining territory of the fire protection district equivalent to the
service being rendered by such district.
The municipality containing more than 50% of the fire protection
district's territory may file a petition for disconnection in the
circuit court of the county where the district was organized, setting
forth: the description of the territory sought to be disconnected; that
such territory consists of more than 50% of the total territory of the
fire protection district; and that the necessary municipal ordinances
have been passed to assume the indebtedness of the fire protection
district and the obligation of furnishing equivalent fire protection
service for the remaining territory of such district.
Upon the filing of the petition, the court shall set a day for
hearing, not less than 4 2 weeks nor more than 8 4 weeks from the date
of filing thereof, and the court, or the clerk or sheriff upon order of
the court, shall give a 21 10 day notice of the such hearing in one or
more daily or weekly newspapers of general circulation in the county,
or in each county, wherein the district is organized and by posting at
least 10 copies of the notice in conspicuous places in the district.
The notice must describe the proposed disconnection and must state that
the disconnection will occur if the conditions required by this Section
are met unless a petition signed by no fewer than 1% of the registered
voters in the district is filed requesting that the question of
disconnection be submitted to the voters of the district is filed with
the court at or before the hearing. The clerk of the court must provide
a petition form to any individual requesting one. All property owners
in the district and all persons interested therein, may file
objections, and at the hearing may appear and contest the requested
disconnection and the matters averred in the petition, and both
objectors and petitioners may offer any competent evidence in regard
thereto. If the court shall, upon hearing the petition, finds find that
any of the conditions in this Section herein required for the
disconnection do not exist, it shall enter an order dismissing the
petition. , but If the petition satisfies the such conditions and no
petition requesting a referendum to filed with the court, the court it
shall enter the appropriate order for disconnection. If, however, at or
before the hearing a petition is filed with the court, signed by no
fewer than 1% of the registered voters in the district, asking that the
question of disconnection be submitted to the voters of the district,
the court shall certify the question to the proper election authority,
which shall submit the question at an election in accordance with the
Election Code.
The question shall be submitted in substantially the following
form:
Shall the territory of the (name of district) located in (name
of municipality) be disconnected from the district and the
responsibility for fire protection in the entire district be
transferred to (name of municipality)?
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote in the
affirmative, the court shall enter an order of disconnection. If a
majority of the voters voting on the question vote in the negative, the
court shall dismiss the petition and no petition seeking disconnection
may be filed for a period of 3 years after the court enters its order
dismissing the petition.
The provisions of this amendatory Act of the 91st General Assembly
[April 4, 2000] 8
do not apply to any proceeding for a disconnection for which the court
has entered an order of disconnection on or before the effective date
of this amendatory Act of the 91st General Assembly. In taking any
action upon the petition the findings of the court shall be filed of
record in the court.
The fire protection district shall continue in existence and
continue to levy and extend taxes upon the remaining portion of the
district at the same rate as levied and extended in the year prior to
the disconnection, excluding, however, the amount of taxes levied in
the prior year for payment of a bonded indebtedness, which tax moneys,
after deducting the necessary operating expenses of the fire protection
district, shall be paid to the municipality obligated to provide the
fire protection service as a consideration for the providing of such
service. The title to all property, assets and equipment of the
district is transferred to such municipality and is vested therein, to
be held, however, for the same purposes and uses, and subject to the
same conditions as before the transfer.
(Source: P.A. 83-343.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2130 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3312
A bill for AN ACT to amend the Illinois Vehicle Code by adding
Section 3-645.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3312.
Senate Amendment No. 2 to HOUSE BILL NO. 3312.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3312 as follows:
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT concerning special license plates."; and
on page 1, below line 4, by inserting the following:
"Section 5. The State Finance Act is amended by adding Section
5.541 as follows:
(30 ILCS 105/5.541 new)
Sec. 5.541. The Organ Donor Awareness Fund."; and
on page 1, line 6, by replacing "Section 3-645" with "Sections 3-645
and 3-646"; and
on page 2, below line 6, by inserting the following:
"(625 ILCS 5/3-646 new)
Sec. 3-646. Organ Donor Awareness license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates
9 [April 4, 2000]
designated as Organ Donor Awareness license plates. The special plates
issued under this Section shall be affixed only to passenger vehicles
of the first division and motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this Section
shall expire according to the multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary, except that the phrase "Be An Organ Donor"
shall be on the plates, and the design of the plates shall incorporate
a reference to the Chicago Bears organization and Walter Payton. The
Secretary may allow the plates to be issued as vanity plates or
personalized under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this
Code.
(c) An applicant for the special plate shall be charged a $25 fee
for original issuance in addition to the appropriate registration fee.
Of this additional fee, $10 shall be deposited into the Organ Donor
Awareness Fund and $15 shall be deposited into the Secretary of State
Special License Plate Fund, to be used by the Secretary to help defray
the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this additional
fee, $23 shall be deposited into the Organ Donor Awareness Fund and $2
shall be deposited into the Secretary of State Special License Plate
Fund.
(d) The Organ Donor Awareness Fund is created as a special fund in
the State treasury. Subject to appropriation by the General Assembly
and approval by the Secretary, 50% of the moneys in the Organ Donor
Awareness Fund shall be paid as grants to the Regional Organ Bank of
Illinois, and the remaining 50% of the moneys in that fund shall be
paid as grants to Mid-America Transplant Services.".
AMENDMENT NO. 2. Amend House Bill 3312, AS AMENDED, as follows:
in Section 10, the introductory clause, by replacing "3-645 and 3-646"
with "3-645, 3-646, and 3-647"; and
in Section 10, below Sec. 3-646, by inserting the following:
"(625 ILCS 5/3-647 new)
Sec. 3-647. World War II Veteran License Plates.
(a) In addition to any other special license plate, the Secretary,
upon receipt of all applicable fees and applications made in the form
prescribed by the Secretary of State, may issue World War II Veteran
license plates to residents of Illinois who meet eligibility
requirements prescribed by the Secretary of State. The special World
War II Veteran plate issued under this Section shall be affixed only to
passenger vehicles of the first division and motor vehicles of the
second division weighing not more than 8,000 pounds. Plates issued
under this Section shall expire according to the staggered multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in
his or her discretion, allow the plates to be issued as vanity plates
or personalized in accordance with Section 3-405.1 of this Code. The
plates are not required to designate "Land Of Lincoln", as prescribed
in subsection (b) of Section 3-412 of this Code. The Secretary shall
prescribe the eligibility requirements and, in his or her discretion,
shall approve and prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $15 fee for original issuance
in addition to the applicable registration fee. This additional fee
shall be deposited into the Secretary of State Special License Plate
Fund. For each registration renewal period, a $2 fee, in addition to
the appropriate registration fee, shall be charged and shall be
deposited into the Secretary of State Special License Plate Fund.".
The foregoing message from the Senate reporting Senate Amendments
[April 4, 2000] 10
numbered 1 and 2 to HOUSE BILL 3312 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3435
A bill for AN ACT concerning the levy of taxes by school boards.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3435.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3435 on page 2, line 1, after
"referendum", by inserting ", as limited by the Property Tax Extension
Limitation Law".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3435 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3478
A bill for AN ACT in relation to motor fuel.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3478.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3478 by replacing everything
after the enacting clause with the following:
"Section 5. The Gasoline Storage Act is amended by changing
Section 2 as follows:
(430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
Sec. 2. Jurisdiction; regulation of tanks.
(1) (a) Except as otherwise provided in this Act, the jurisdiction
of the Office of the State Fire Marshal under this Act shall be
concurrent with that of municipalities and other political
subdivisions. The Office of the State Fire Marshal has power to
11 [April 4, 2000]
promulgate, pursuant to the Illinois Administrative Procedure Act,
reasonable rules and regulations governing the keeping, storage,
transportation, sale or use of gasoline and volatile oils, including
rules requiring that underground storage tank contractors file a bond
or a certificate of insurance with the State Fire Marshal, and rules
governing the dismantling of abandoned bulk storage plants. Nothing in
this Act shall relieve any person, corporation, or other entity from
complying with any zoning ordinance of a municipality or home rule unit
enacted pursuant to Section 11-13-1 of the Illinois Municipal Code or
any ordinance enacted pursuant to Section 11-8-4 of the Illinois
Municipal Code.
(b) The rulemaking power shall include the power to promulgate
rules providing for the issuance and revocation of permits allowing the
self service dispensing of motor fuels as such term is defined in the
Motor Fuel Tax Law in retail service stations or any other place of
business where motor fuels are dispensed into the fuel tanks of motor
vehicles, internal combustion engines or portable containers. Such
rules shall specify the requirements that must be met both prior and
subsequent to the issuance of such permits in order to insure the
safety and welfare of the general public. The operation of such
service stations without a permit shall be unlawful. The Office of the
State Fire Marshal shall revoke such permit if the self service
operation of such a service station is found to pose a significant risk
to the safety and welfare of the general public.
(c) However, except in any county with a population of 1,000,000
or more, the Office of the State Fire Marshal shall not have the
authority to prohibit the operation of a service station solely on the
basis that it is an unattended self-service station which utilizes key
or card operated self-service motor fuel dispensing devices. Nothing
in this paragraph shall prohibit the Office of the State Fire Marshal
from adopting reasonable rules and regulations governing the safety of
self-service motor fuel dispensing devices.
(d) The State Fire Marshal shall not prohibit the dispensing or
delivery of flammable or combustible motor vehicle fuels directly into
the fuel tanks of vehicles from tank trucks, tank wagons, or other
portable tanks. The State Fire Marshal shall adopt rules (i) for the
issuance of permits for the dispensing of motor vehicle fuels in the
manner described in this paragraph (d), (ii) that establish fees for
permits and inspections, and provide for those fees to be deposited
into the Fire Prevention Fund, (iii) that require the dispensing of
motor fuel in the manner described in this paragraph (d) to meet
conditions consistent with nationally recognized standards such as
those of the National Fire Protection Association, and (iv) that
restrict the dispensing of motor vehicle fuels in the manner described
in this paragraph (d) to the following:
(A) agriculture sites for agricultural purposes,
(B) construction sites for refueling construction equipment
used at the construction site,
(C) sites used for the parking, operation, or maintenance of
a commercial vehicle fleet, but only if the site is located in a
county with 3,000,000 or more inhabitants or a county contiguous to
a county with 3,000,000 or more inhabitants and the site is not
normally accessible to the public, and
(D) sites used for the refueling of police, fire, or
emergency medical services vehicles or other vehicles that are
owned, leased, or operated by (or operated under contract with) the
State, a unit of local government, or a school district, or any
agency of the State and that are not normally accessible to the
public.
(2) (a) The Office of the State Fire Marshal shall adopt rules and
regulations regarding underground storage tanks and associated piping
and no municipality or other political subdivision shall adopt or
enforce any ordinances or regulations regarding such underground tanks
and piping other than those which are identical to the rules and
regulations of the Office of the State Fire Marshal. It is declared to
be the law of this State, pursuant to paragraphs (h) and (i) of Section
[April 4, 2000] 12
6 of Article VII of the Illinois Constitution, that the establishment
and enforcement of standards regarding underground storage tanks and
associated piping within the jurisdiction of the Office of the State
Fire Marshal is an exclusive State function which may not be exercised
concurrently by a home rule unit except as expressly permitted in this
Act.
(b) The Office of the State Fire Marshal may enter into written
contracts with municipalities of over 500,000 in population to enforce
the rules and regulations adopted under this subsection.
(3) (a) The Office of the State Fire Marshal shall have authority
over underground storage tanks which contain, have contained, or are
designed to contain petroleum, hazardous substances and regulated
substances as those terms are used in Subtitle I of the Hazardous and
Solid Waste Amendments of 1984 (P.L. 98-616), as amended by the
Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499).
The Office shall have the power with regard to underground storage
tanks to require any person who tests, installs, repairs, replaces,
relines, or removes any underground storage tank system containing,
formerly containing, or which is designed to contain petroleum or other
regulated substances to be certified to perform that activity, to
obtain a permit to install, repair, replace, reline, or remove the
particular tank system, to pay an annual certification fee of $100 per
year, and to pay a fee of $100 per site for a permit to install,
repair, replace, reline, or remove any underground storage tank system.
All persons who do repairs above grade level for themselves need not
pay a fee or be certified. All fees received by the Office from
certification and permits shall be deposited in the Fire Prevention
Fund for the exclusive use of the Office in administering the
Underground Storage Tank program.
(b) (i) Within 120 days after the promulgation of regulations or
amendments thereto by the Administrator of the United States
Environmental Protection Agency to implement Section 9003 of Subtitle I
of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of
the Resource Conservation and Recovery Act of 1976 (P.L. 95-580), as
amended, the Office of the State Fire Marshal shall adopt regulations
or amendments thereto which are identical in substance. The rulemaking
provisions of Section 5-35 of the Illinois Administrative Procedure Act
shall not apply to regulations or amendments thereto adopted pursuant
to this subparagraph (i).
(ii) The Office of the State Fire Marshal may adopt additional
regulations relating to an underground storage tank program that are
not inconsistent with and at least as stringent as Section 9003 of
Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616) of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580), as amended, or regulations adopted thereunder. Except as
provided otherwise in subparagraph (i) of this paragraph (b), the
Office of the State Fire Marshal shall not adopt regulations relating
to corrective action at underground storage tanks. Regulations adopted
pursuant to this subsection shall be adopted in accordance with the
procedures for rulemaking in Section 5-35 of the Illinois
Administrative Procedure Act.
(c) The Office of the State Fire Marshal shall require any person,
corporation or other entity who tests an underground tank or its piping
or cathodic protection for another, except a lessor for his or her
lessee, to register with the Office, and pay an annual registration fee
of $100, to be deposited in the Fire Prevention Fund, and report the
results of such test to the Office.
(d) In accordance with constitutional limitations, the Office
shall have authority to enter at all reasonable times upon any private
or public property for the purpose of:
(i) Inspecting and investigating to ascertain possible
violations of this Act, of regulations thereunder or of permits or
terms or conditions thereof; or
(ii) In accordance with the provisions of this Act, taking
whatever emergency action, that is necessary or appropriate, to
assure that the public health or safety is not threatened whenever
13 [April 4, 2000]
there is a release or a substantial threat of a release of
petroleum or a regulated substance from an underground storage
tank.
(e) The Office of the State Fire Marshal may issue an
Administrative Order to any person who it reasonably believes has
violated the rules and regulations governing underground storage tanks,
including the installation, repair, leak detection, cathodic protection
tank testing, removal or release notification. Such an order shall be
served by registered or certified mail or in person. Any person served
with such an order may appeal such order by submitting in writing any
such appeal to the Office within 10 days of the date of receipt of such
order. The Office shall conduct an administrative hearing governed by
the Illinois Administrative Procedure Act and enter an order to
sustain, modify or revoke such order. Any appeal from such order shall
be to the circuit court of the county in which the violation took place
and shall be governed by the Administrative Review Law.
(f) The Office of the State Fire Marshal shall not require the
removal of an underground tank system taken out of operation before
January 2, 1974, except in the case in which the office of the State
Fire Marshal has determined that a release from the underground tank
system poses a current or potential threat to human health and the
environment. In that case, and upon receipt of an Order from the
Office of the State Fire Marshal, the owner or operator of the
nonoperational underground tank system shall assess the excavation zone
and close the system in accordance with regulations promulgated by the
Office of the State Fire Marshal.
(4) (a) The Office of the State Fire Marshal shall adopt rules and
regulations regarding aboveground storage tanks and associated piping
and no municipality or other political subdivision shall adopt or
enforce any ordinances or regulations regarding such aboveground tanks
and piping other than those which are identical to the rules and
regulations of the Office of the State Fire Marshal unless, in the
interest of fire safety, the Office of the State Fire Marshal delegates
such authority to municipalities, political subdivisions or home rule
units. It is declared to be the law of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution, that the establishment of standards regarding aboveground
storage tanks and associated piping within the jurisdiction of the
Office of the State Fire Marshal is an exclusive State function which
may not be exercised concurrently by a home rule unit except as
expressly permitted in this Act.
(b) The Office of the State Fire Marshal shall enforce its rules
and regulations concerning aboveground storage tanks and associated
piping; however, municipalities may enforce any of their zoning
ordinances or zoning regulations regarding aboveground tanks. The
Office of the State Fire Marshal may issue an administrative order to
any owner of an aboveground storage tank and associated piping it
reasonably believes to be in violation of such rules and regulations to
remedy or remove any such violation. Such an order shall be served by
registered or certified mail or in person. Any person served with such
an order may appeal such order by submitting in writing any such appeal
to the Office within 10 days of the date of receipt of such order. The
Office shall conduct an administrative hearing governed by the Illinois
Administrative Procedure Act and enter an order to sustain, modify or
revoke such order. Any appeal from such order shall be to the circuit
court of the county in which the violation took place and shall be
governed by the Administrative Review Law.
(Source: P.A. 88-45; 89-161, eff. 7-19-95.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3478 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
[April 4, 2000] 14
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4097
A bill for AN ACT to amend the Crime Victims Compensation Act by
changing Section 2 and adding Section 2.5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4097.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4097 on page 5, line 10 by
inserting after "parole" the following:
"or mandatory supervised release".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4097 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4433
A bill for AN ACT to amend the Comprehensive Health Insurance Plan
Act by changing Section 8.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4433.
Passed the Senate, as amended, March 31, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4433 on page 1 by replacing
lines 1 and 2 with the following:
"AN ACT concerning insurance coverage for certain medical
conditions."; and
on page 1 by replacing line 6 with the following:
"is amended by changing Sections 2, 7, 8, and 11 as follows:
(215 ILCS 105/2) (from Ch. 73, par. 1302)
Sec. 2. Definitions. As used in this Act, unless the context
otherwise requires:
"Plan administrator" means the insurer or third party administrator
designated under Section 5 of this Act.
"Benefits plan" means the coverage to be offered by the Plan to
eligible persons and federally eligible individuals pursuant to this
15 [April 4, 2000]
Act.
"Board" means the Illinois Comprehensive Health Insurance Board.
"Church plan" has the same meaning given that term in the federal
Health Insurance Portability and Accountability Act of 1996.
"Continuation coverage" means continuation of coverage under a
group health plan or other health insurance coverage for former
employees or dependents of former employees that would otherwise have
terminated under the terms of that coverage pursuant to any
continuation provisions under federal or State law, including the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as
amended, Sections 367.2 and 367e of the Illinois Insurance Code, or any
other similar requirement in another State.
"Covered person" means a person who is and continues to remain
eligible for Plan coverage and is covered under one of the benefit
plans offered by the Plan.
"Creditable coverage" means, with respect to a federally eligible
individual, coverage of the individual under any of the following:
(A) A group health plan.
(B) Health insurance coverage (including group health
insurance coverage).
(C) Medicare.
(D) Medical assistance.
(E) Chapter 55 of title 10, United States Code.
(F) A medical care program of the Indian Health Service or of
a tribal organization.
(G) A state health benefits risk pool.
(H) A health plan offered under Chapter 89 of title 5, United
States Code.
(I) A public health plan (as defined in regulations
consistent with Section 104 of the Health Care Portability and
Accountability Act of 1996 that may be promulgated by the Secretary
of the U.S. Department of Health and Human Services).
(J) A health benefit plan under Section 5(e) of the Peace
Corps Act (22 U.S.C. 2504(e)).
(K) Any other qualifying coverage required by the federal
Health Insurance Portability and Accountability Act of 1996, as it
may be amended, or regulations under that Act.
"Creditable coverage" does not include coverage consisting solely
of coverage of excepted benefits (as defined in Section 2791(c) of
title XXVII of the Public Health Service Act (42 U.S.C. 300 gg-91) nor
does it include any period of coverage under any of items (A) through
(K) that occurred before a break of more than 63 days during all of
which the individual was not covered under any of items (A) through (K)
above. Any period that an individual is in a waiting period for any
coverage under a group health plan (or for group health insurance
coverage) or is in an affiliation period under the terms of health
insurance coverage offered by a health maintenance organization shall
not be taken into account in determining if there has been a break of
more than 63 days in any credible coverage.
"Department" means the Illinois Department of Insurance.
"Dependent" means an Illinois resident: who is a spouse; or who is
claimed as a dependent by the principal insured for purposes of filing
a federal income tax return and resides in the principal insured's
household, and is a resident unmarried child under the age of 19 years;
or who is an unmarried child who also is a full-time student under the
age of 23 years and who is financially dependent upon the principal
insured; or who is a child of any age and who is disabled and
financially dependent upon the principal insured.
"Direct Illinois premiums" means, for Illinois business, an
insurer's direct premium income for the kinds of business described in
clause (b) of Class 1 or clause (a) of Class 2 of Section 4 of the
Illinois Insurance Code, and direct premium income of a health
maintenance organization or a voluntary health services plan, except it
shall not include credit health insurance as defined in Article IX 1/2
of the Illinois Insurance Code.
"Director" means the Director of the Illinois Department of
[April 4, 2000] 16
Insurance.
"Eligible person" means a resident of this State who qualifies for
Plan coverage under Section 7 of this Act.
"Employee" means a resident of this State who is employed by an
employer or has entered into the employment of or works under contract
or service of an employer including the officers, managers and
employees of subsidiary or affiliated corporations and the individual
proprietors, partners and employees of affiliated individuals and firms
when the business of the subsidiary or affiliated corporations, firms
or individuals is controlled by a common employer through stock
ownership, contract, or otherwise.
"Employer" means any individual, partnership, association,
corporation, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee, for which one or more persons is gainfully employed.
"Family" coverage means the coverage provided by the Plan for the
covered person and his or her eligible dependents who also are covered
persons.
"Federally eligible individual" means an individual resident of
this State:
(1)(A) for whom, as of the date on which the individual seeks
Plan coverage under Section 15 of this Act, the aggregate of the
periods of creditable coverage is 18 or more months, and (B) whose
most recent prior creditable coverage was under group health
insurance coverage offered by a health insurance issuer, a group
health plan, a governmental plan, or a church plan (or health
insurance coverage offered in connection with any such plans) or
any other type of creditable coverage that may be required by the
federal Health Insurance Portability and Accountability Act of
1996, as it may be amended, or the regulations under that Act;
(2) who is not eligible for coverage under (A) a group health
plan, (B) part A or part B of Medicare, or (C) medical assistance,
and does not have other health insurance coverage;
(3) with respect to whom the most recent coverage within the
coverage period described in paragraph (1)(A) of this definition
was not terminated based upon a factor relating to nonpayment of
premiums or fraud;
(4) if the individual had been offered the option of
continuation coverage under a COBRA continuation provision or under
a similar State program, who elected such coverage; and
(5) who, if the individual elected such continuation
coverage, has exhausted such continuation coverage under such
provision or program.
"Group health insurance coverage" means, in connection with a group
health plan, health insurance coverage offered in connection with that
plan.
"Group health plan" has the same meaning given that term in the
federal Health Insurance Portability and Accountability Act of 1996.
"Governmental plan" has the same meaning given that term in the
federal Health Insurance Portability and Accountability Act of 1996.
"Health insurance coverage" means benefits consisting of medical
care (provided directly, through insurance or reimbursement, or
otherwise and including items and services paid for as medical care)
under any hospital and medical expense-incurred policy, certificate, or
contract provided by an insurer, non-profit health care service plan
contract, health maintenance organization or other subscriber contract,
or any other health care plan or arrangement that pays for or furnishes
medical or health care services whether by insurance or otherwise.
Health insurance coverage shall not include short term, accident only,
disability income, hospital confinement or fixed indemnity, dental
only, vision only, limited benefit, or credit insurance, coverage
issued as a supplement to liability insurance, insurance arising out of
a workers' compensation or similar law, automobile medical-payment
insurance, or insurance under which benefits are payable with or
without regard to fault and which is statutorily required to be
contained in any liability insurance policy or equivalent
17 [April 4, 2000]
self-insurance.
"Health insurance coverage" means benefits consisting of medical
care (provided directly, through insurance or reimbursement, or
otherwise and including items and services paid for as medical care)
under any hospital or medical service policy or certificate, hospital
or medical service plan contract, or health maintenance organization
contract offered by a health insurance issuer.
"Health insurance issuer" means an insurance company, insurance
service, or insurance organization (including a health maintenance
organization and a voluntary health services plan) that is authorized
to transact health insurance business in this State. Such term does
not include a group health plan.
"Health Maintenance Organization" means an organization as defined
in the Health Maintenance Organization Act.
"Hospice" means a program as defined in and licensed under the
Hospice Program Licensing Act.
"Hospital" means a duly licensed institution as defined in the
Hospital Licensing Act, an institution that meets all comparable
conditions and requirements in effect in the state in which it is
located, or the University of Illinois Hospital as defined in the
University of Illinois Hospital Act.
"Individual health insurance coverage" means health insurance
coverage offered to individuals in the individual market, but does not
include short-term, limited-duration insurance.
"Insured" means any individual resident of this State who is
eligible to receive benefits from any insurer (including health
insurance coverage offered in connection with a group health plan) or
health insurance issuer as defined in this Section.
"Insurer" means any insurance company authorized to transact health
insurance business in this State and any corporation that provides
medical services and is organized under the Voluntary Health Services
Plans Act or the Health Maintenance Organization Act.
"Medical assistance" means the State medical assistance or medical
assistance no grant (MANG) programs provided under Title XIX of the
Social Security Act and Articles V (Medical Assistance) and VI (General
Assistance) of the Illinois Public Aid Code (or any successor program)
or under any similar program of health care benefits in a state other
than Illinois.
"Medically necessary" means that a service, drug, or supply is
necessary and appropriate for the diagnosis or treatment of an illness
or injury in accord with generally accepted standards of medical
practice at the time the service, drug, or supply is provided. When
specifically applied to a confinement it further means that the
diagnosis or treatment of the covered person's medical symptoms or
condition cannot be safely provided to that person as an outpatient. A
service, drug, or supply shall not be medically necessary if it: (i) is
investigational, experimental, or for research purposes; or (ii) is
provided solely for the convenience of the patient, the patient's
family, physician, hospital, or any other provider; or (iii) exceeds in
scope, duration, or intensity that level of care that is needed to
provide safe, adequate, and appropriate diagnosis or treatment; or (iv)
could have been omitted without adversely affecting the covered
person's condition or the quality of medical care; or (v) involves the
use of a medical device, drug, or substance not formally approved by
the United States Food and Drug Administration.
"Medical care" means the ordinary and usual professional services
rendered by a physician or other specified provider during a
professional visit for treatment of an illness or injury.
"Medicare" means coverage under both Part A and Part B of Title
XVIII of the Social Security Act, 42 U.S.C. Sec. 1395, et seq.
"Minimum premium plan" means an arrangement whereby a specified
amount of health care claims is self-funded, but the insurance company
assumes the risk that claims will exceed that amount.
"Participating transplant center" means a hospital designated by
the Board as a preferred or exclusive provider of services for one or
more specified human organ or tissue transplants for which the hospital
[April 4, 2000] 18
has signed an agreement with the Board to accept a transplant payment
allowance for all expenses related to the transplant during a
transplant benefit period.
"Physician" means a person licensed to practice medicine pursuant
to the Medical Practice Act of 1987.
"Plan" means the Comprehensive Health Insurance Plan established by
this Act.
"Plan of operation" means the plan of operation of the Plan,
including articles, bylaws and operating rules, adopted by the board
pursuant to this Act.
"Provider" means any hospital, skilled nursing facility, hospice,
home health agency, physician, registered pharmacist acting within the
scope of that registration, or any other person or entity licensed in
Illinois to furnish medical care.
"Qualified high risk pool" has the same meaning given that term in
the federal Health Insurance Portability and Accountability Act of
1996.
"Resident eligible person" means a person who is and continues to
be has been legally domiciled and physically residing on a permanent
and full-time basis in a place of permanent habitation in this State
that remains that person's principal residence and from which that
person is absent only for temporary or transitory purpose for a period
of at least 180 days and continues to be domiciled in this State.
"Skilled nursing facility" means a facility or that portion of a
facility that is licensed by the Illinois Department of Public Health
under the Nursing Home Care Act or a comparable licensing authority in
another state to provide skilled nursing care.
"Stop-loss coverage" means an arrangement whereby an insurer
insures against the risk that any one claim will exceed a specific
dollar amount or that the entire loss of a self-insurance plan will
exceed a specific amount.
"Third party administrator" means an administrator as defined in
Section 511.101 of the Illinois Insurance Code who is licensed under
Article XXXI 1/4 of that Code.
(Source: P.A. 90-30, eff. 7-1-97; 91-357, eff. 7-29-99.)
(215 ILCS 105/7) (from Ch. 73, par. 1307)
Sec. 7. Eligibility.
a. Except as provided in subsection (e) of this Section or in
Section 15 of this Act, any individual person who is either a citizen
of the United States or an alien lawfully admitted for permanent
residence and who has been for a period of at least 180 days and
continues to be a resident of this State shall be eligible for Plan
coverage under this Section if evidence is provided of:
(1) A notice of rejection or refusal to issue substantially
similar individual health insurance coverage for health reasons by
a health insurance issuer; or
(2) A refusal by a health insurance issuer to issue
individual health insurance coverage except at a rate exceeding the
applicable Plan rate for which the person is responsible.
A rejection or refusal by a group health plan or health insurance
issuer offering only stop-loss or excess of loss insurance or
contracts, agreements, or other arrangements for reinsurance coverage
with respect to the applicant shall not be sufficient evidence under
this subsection.
b. The board shall promulgate a list of medical or health
conditions for which a person who is either a citizen of the United
States or an alien lawfully admitted for permanent residence and a
resident of this State would be eligible for Plan coverage without
applying for health insurance coverage pursuant to subsection a. of
this Section. Persons who can demonstrate the existence or history of
any medical or health conditions on the list promulgated by the board
shall not be required to provide the evidence specified in subsection
a. of this Section. The list shall be effective on the first day of
the operation of the Plan and may be amended from time to time as
appropriate.
c. Family members of the same household who each are covered
19 [April 4, 2000]
persons are eligible for optional family coverage under the Plan.
d. For persons qualifying for coverage in accordance with Section
7 of this Act, the board shall, if it determines that such
appropriations as are made pursuant to Section 12 of this Act are
insufficient to allow the board to accept all of the eligible persons
which it projects will apply for enrollment under the Plan, limit or
close enrollment to ensure that the Plan is not over-subscribed and
that it has sufficient resources to meet its obligations to existing
enrollees. The board shall not limit or close enrollment for federally
eligible individuals.
e. A person shall not be eligible for coverage under the Plan if:
(1) He or she has or obtains other coverage under a group
health plan or health insurance coverage substantially similar to
or better than a Plan policy as an insured or covered dependent or
would be eligible to have that coverage if he or she elected to
obtain it. Persons otherwise eligible for Plan coverage may,
however, solely for the purpose of having coverage for a
pre-existing condition, maintain other coverage only while
satisfying any pre-existing condition waiting period under a Plan
policy or a subsequent replacement policy of a Plan policy.
(1.1) His or her prior coverage under a group health plan or
health insurance coverage, provided or arranged by an employer of
more than 10 employees was discontinued for any reason without the
entire group or plan being discontinued and not replaced, provided
he or she remains an employee, or dependent thereof, of the same
employer.
(2) He or she is a recipient of or is approved to receive
medical assistance, except that a person may continue to receive
medical assistance through the medical assistance no grant program,
but only while satisfying the requirements for a preexisting
condition under Section 8, subsection f. of this Act. Payment of
premiums pursuant to this Act shall be allocable to the person's
spenddown for purposes of the medical assistance no grant program,
but that person shall not be eligible for any Plan benefits while
that person remains eligible for medical assistance. If the person
continues to receive or be approved to receive medical assistance
through the medical assistance no grant program at or after the
time that requirements for a preexisting condition are satisfied,
the person shall not be eligible for coverage under the Plan. In
that circumstance, coverage under the plan shall terminate as of
the expiration of the preexisting condition limitation period.
Under all other circumstances, coverage under the Plan shall
automatically terminate as of the effective date of any medical
assistance.
(3) Except as provided in Section 15, the person has
previously participated in the Plan and voluntarily terminated Plan
coverage, unless 12 months have elapsed since the person's latest
voluntary termination of coverage.
(4) The person fails to pay the required premium under the
covered person's terms of enrollment and participation, in which
event the liability of the Plan shall be limited to benefits
incurred under the Plan for the time period for which premiums had
been paid and the covered person remained eligible for Plan
coverage.
(5) The Plan has paid a total of $1,000,000 in benefits on
behalf of the covered person.
(6) The person is a resident of a public institution.
(7) The person's premium is paid for or reimbursed under any
government sponsored program or by any government agency or health
care provider, except as an otherwise qualifying full-time
employee, or dependent of such employee, of a government agency or
health care provider.
(8) The person has or later receives other benefits or funds
from any settlement, judgement, or award resulting from any
accident or injury, regardless of the date of the accident or
injury, or any other circumstances creating a legal liability for
[April 4, 2000] 20
damages due that person by a third party, whether the settlement,
judgment, or award is in the form of a contract, agreement, or
trust on behalf of a minor or otherwise and whether the settlement,
judgment, or award is payable to the person, his or her dependent,
estate, personal representative, or guardian in a lump sum or over
time, so long as there continues to be benefits or assets remaining
from those sources in an amount in excess of $100,000.
(9) Within the 5 years prior to the date a person's Plan
application is received by the Board, the person's coverage under
any health care benefit program as defined in 18 U.S.C. 24,
including any public or private plan or contract under which any
medical benefit, item, or service is provided, was terminated as a
result of any act or practice that constitutes fraud under State or
federal law or as a result of an intentional misrepresentation of
material fact; or if that person knowingly and willfully obtained
or attempted to obtain, or fraudulently aided or attempted to aid
any other person in obtaining, any coverage or benefits under the
Plan to which that person was not entitled.
f. The board or the administrator shall require verification of
residency and may require any additional information or documentation,
or statements under oath, when necessary to determine residency upon
initial application and for the entire term of the policy.
g. Coverage shall cease (i) on the date a person is no longer a
resident of Illinois, (ii) on the date a person requests coverage to
end, (iii) upon the death of the covered person, (iv) on the date State
law requires cancellation of the policy, or (v) at the Plan's option,
30 days after the Plan makes any inquiry concerning a person's
eligibility or place of residence to which the person does not reply.
h. Except under the conditions set forth in subsection g of this
Section, the coverage of any person who ceases to meet the eligibility
requirements of this Section shall be terminated at the end of the
current policy period for which the necessary premiums have been paid.
(Source: P.A. 90-30, eff. 7-1-97; 91-639, eff. 8-20-99.)"; and
on page 2 by replacing line 17 with the following:
"direction. This includes reconstruction of the breast on which a
mastectomy was performed; surgery and reconstruction of the other
breast to produce a symmetrical appearance; and prostheses and
treatment of physical complications at all stages of the mastectomy,
including lymphedemas."; and
on page 3 by replacing lines 15 through 19 with the following:
"(14) Oral surgery (i) for excision of partially or
completely unerupted impacted teeth, when not performed in
connection with the routine extraction or repair of teeth; (ii) for
excision of tumors or cysts of the jaws, cheeks, lips, tongue, and
roof and floor of the mouth; (iii), that is required for correction
of cleft lip and palate and other craniofacial and maxillofacial
birth defects; or (iv) for treatment of to treat injuries to
natural teeth or a fractured jaw due to an accident that occurred
while a covered person."; and
on page 4 by replacing lines 32 and 33 with the following:
"(7) Dental care, dental surgery, dental treatment, any other
dental procedure involving the teeth or periodontium, or any dental
appliances, including crowns, bridges, implants, or partial or
complete dentures, except as specifically provided in paragraph";
and
on page 8, line 28, by changing "or" to "coverage or"; and
on page 13 by inserting immediately below line 32 the following:
"(215 ILCS 105/11) (from Ch. 73, par. 1311)
Sec. 11. Plan notice. On and after the date the Illinois
Comprehensive Health Insurance Plan becomes operational as provided in
this Act, every insurer licensed to issue, and which issues for
delivery, policies of accident and health insurance in this State shall
include a notice of the existence of the Illinois Comprehensive Health
Insurance Plan in any rejection of any application for individual
health insurance coverage as defined in this Act for reasons of the
health of the applicant or any other person proposed for insurance in
21 [April 4, 2000]
such application. Such notice shall be in substantially the form and
content prescribed by the Director.
(Source: P.A. 85-702.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4433 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the adoption of the
following joint resolution, to-wit:
HOUSE JOINT RESOLUTION NO. 40
Together with the attached amendment thereto, in the adoption of
which I am instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE JOINT RESOLUTION NO. 40
Passed by the Senate, as amended, March 31, 2000, with a
three-fifths vote.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Joint Resolution 40 on page 6, line
28 after "Grant," by inserting the following:
"and Governor Adlai Stevenson and mayors Richard J. Daley and Harold
Washington".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE JOINT RESOLUTION 40 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 2870
A bill for AN ACT to amend the Illinois Vehicle Code.
HOUSE BILL NO. 2888
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 3-5 and 3-6.
HOUSE BILL NO. 2940
A bill for AN ACT to amend the School Code by changing Section
21-4.
HOUSE BILL NO. 3180
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-2-4.
HOUSE BILL NO. 3254
A bill for AN ACT in relation to alternatives to dissection.
HOUSE BILL NO. 3428
A bill for AN ACT to amend the Property Tax Code by changing
Sections 10-40, 10-45, and 10-55.
[April 4, 2000] 22
Passed by the Senate, March 31, 2000.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in adoption of the
following joint resolution, to-wit:
HOUSE JOINT RESOLUTION NO. 57
Concurred in the Senate, March 31, 2000.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 3485
A bill for AN ACT to amend the Abandoned Housing Rehabilitation
Act.
HOUSE BILL NO. 3881
A bill for AN ACT concerning open meetings.
HOUSE BILL NO. 3926
A bill for AN ACT to amend the Home Repair and Remodeling Act
concerning insurance requirements.
HOUSE BILL NO. 4047
A bill for AN ACT to amend the Elder Abuse and Neglect Act.
HOUSE BILL NO. 4280
A bill for AN ACT to amend the Illinois Public Accounting Act.
HOUSE BILL NO. 4593
A bill for AN ACT in relation to evidence.
Passed by the Senate, March 31, 2000.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 589
A bill for AN ACT to amend the Illinois Insurance Code by changing
Section 141.02.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 589.
23 [April 4, 2000]
Passed the Senate, as amended, April 4, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 589 by replacing the title with
the following:
"AN ACT to amend the Illinois Insurance Code by adding Section
143.11b."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Insurance Code is amended by adding
Section 143.11b as follows:
(215 ILCS 5/143.11b new)
Sec. 143.11b Assignment or transfer of property and casualty
policies. An assignment or transfer of a policy of insurance to which
Section 143.11 applies among or between insurers within an insurance
holding company system or insurers under common management or control,
or as a result of a merger, acquisition, or restructuring of an
insurance company, is not a nonrenewal for purposes of the notification
requirements under Sections 143.12 through 143.24. However, in the
event of an increase in the renewal premium of 30% or more, change in
deductibles or change in coverage that materially alters any policy to
which subsection b of Section 143.17a applies, the company shall adhere
to the provisions set forth in subsection b of Section 143.17a. A
company making an assignment or transfer of a policy among or between
insurers within an insurance holding company system or insurers under
common management or control, or as a result of a merger, acquisition,
or restructuring of an insurance company, shall have delivered to the
named insured notice of such assignment or transfer at least 60 days
prior to the renewal date. An exact and unaltered copy of the notice
shall also be sent to the insured's producer, if known, and agent of
record. The assignment or transfer of a policy or policies of
insurance among or between insurers shall not occur without the
producer or agent of record, or both, having a signed agency contract
with the entity to which the policy or policies are to be assigned or
transferred. If there is not a signed agency contract, all of the
notice requirements of Sections 143.17 and 143.17a shall apply.
Nothing in this Section shall contravene any existing producer and
company contract rights.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 589 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3073
A bill for AN ACT in relation to children.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3073.
[April 4, 2000] 24
Passed the Senate, as amended, April 4, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3073 on page 2, by replacing
lines 12 through 15 with the following:
"g. causes to be sold, transferred, distributed, or given to such
child under 18 years of age, a controlled substance as defined in
Section 102 of the Illinois Controlled Substances Act in violation of
Article IV of the Illinois Controlled Substances Act, except for
controlled substances that are prescribed in accordance with Article
III of the Illinois Controlled Substances Act and are dispensed to such
child in a manner that substantially complies with the prescription.";
and
on page 4, by deleting lines 22 through 32; and
on page 5, by deleting lines 1 through 10.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3073 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3460
A bill for AN ACT in relation to child support.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3460.
Passed the Senate, as amended, April 4, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3460 as follows:
by replacing the title of the bill with the following:
"AN ACT in relation to child support."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Section 10-16.6 as follows:
(305 ILCS 5/10-16.6)
Sec. 10-16.6. Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within the
Department an Electronic Funds Transfer Committee. The Director or his
or her designee shall be a member of the committee and shall serve as
chairperson of the committee. The Director shall appoint 4 other
members of the committee, 2 of whom shall represent employers in this
State and 2 of whom shall represent the banking industry in this State.
The administrator of the State Disbursement Unit established under
Section 10-26 shall be an ex officio member of the committee.
(b) The committee shall study ways to modify or expand the use of
electronic funds transfers for the payment of child support. The
committee shall report its findings and recommendations to the Governor
and the General Assembly before December 1, 2002 2001.
25 [April 4, 2000]
(c) The committee is abolished on December 1, 2002 2001.
(Source: P.A. 91-677, eff. 1-5-00.)
Section 10. The Income Withholding for Support Act is amended by
changing Section 35 as follows:
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has been served with an
income withholding notice to deduct and pay over income as provided in
this Section. The payor shall deduct the amount designated in the
income withholding notice, as supplemented by any notice provided
pursuant to subsection (f) of Section 45, beginning no later than the
next payment of income which is payable or creditable to the obligor
that occurs 14 days following the date the income withholding notice
was mailed, sent by facsimile or other electronic means, or placed for
personal delivery to or service on the payor. The payor may combine
all amounts withheld for the benefit of an obligee or public office
into a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor shall pay
the amount withheld to the State Disbursement Unit within 7 business
days after the date the amount would (but for the duty to withhold
income) have been paid or credited to the obligor. If the payor
knowingly fails to pay any amount withheld to the State Disbursement
Unit within 7 business days after the date the amount would have been
paid or credited to the obligor, the payor shall pay a penalty of $100
for each day that the withheld amount is not paid to the State
Disbursement Unit after the period of 7 business days has expired. The
failure of a payor, on more than one occasion, to pay amounts withheld
to the State Disbursement Unit within 7 business days after the date
the amount would have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the amounts.
This penalty may be collected in a civil action which may be brought
against the payor in favor of the obligee or public office. A finding
of a payor's nonperformance within the time required under this Act
must be documented by a certified mail return receipt showing the date
the income withholding notice was served on the payor. For purposes of
this Act, a withheld amount shall be considered paid by a payor on the
date it is mailed by the payor, or on the date an electronic funds
transfer of the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For each
deduction, the payor shall provide the State Disbursement Unit, at the
time of transmittal, with the date the amount would (but for the duty
to withhold income) have been paid or credited to the obligor.
After March 1, 2001 June 30, 2000, every payor that has 250 or more
employees shall use electronic funds transfer to pay all amounts
withheld under this Section. During the year 2002 2001 and during each
year thereafter, every payor that has fewer than 250 employees and that
withheld income under this Section pursuant to 10 or more income
withholding notices during December of the preceding year shall use
electronic funds transfer to pay all amounts withheld under this
Section.
Upon receipt of an income withholding notice requiring that a minor
child be named as a beneficiary of a health insurance plan available
through an employer or labor union or trade union, the employer or
labor union or trade union shall immediately enroll the minor child as
a beneficiary in the health insurance plan designated by the income
withholding notice. The employer shall withhold any required premiums
and pay over any amounts so withheld and any additional amounts the
employer pays to the insurance carrier in a timely manner. The
employer or labor union or trade union shall mail to the obligee,
within 15 days of enrollment or upon request, notice of the date of
coverage, information on the dependent coverage plan, and all forms
necessary to obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for dependent
coverage is in effect and the insurance coverage is terminated or
changed for any reason, the employer or labor union or trade union
shall notify the obligee within 10 days of the termination or change
[April 4, 2000] 26
date along with notice of conversion privileges.
For withholding of income, the payor shall be entitled to receive a
fee not to exceed $5 per month to be taken from the income to be paid
to the obligor.
(b) Whenever the obligor is no longer receiving income from the
payor, the payor shall return a copy of the income withholding notice
to the obligee or public office and shall provide information for the
purpose of enforcing this Act.
(c) Withholding of income under this Act shall be made without
regard to any prior or subsequent garnishments, attachments, wage
assignments, or any other claims of creditors. Withholding of income
under this Act shall not be in excess of the maximum amounts permitted
under the federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice pertaining to the
same obligor, the payor shall allocate income available for withholding
on a proportionate share basis, giving priority to current support
payments. If there is any income available for withholding after
withholding for all current support obligations, the payor shall
allocate the income to past due support payments ordered in cases in
which cash assistance under the Illinois Public Aid Code is not being
provided to the obligee and then to past due support payments ordered
in cases in which cash assistance under the Illinois Public Aid Code is
being provided to the obligee, both on a proportionate share basis. A
payor who complies with an income withholding notice that is regular on
its face shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for conduct in
compliance with the notice.
(d) No payor shall discharge, discipline, refuse to hire or
otherwise penalize any obligor because of the duty to withhold income.
(Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99; 91-677, eff.
1-5-00.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3460 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3548
A bill for AN ACT in relation to mental health, amending named
Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3548.
Passed the Senate, as amended, April 4, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3548 on page 10, by replacing
lines 26 through 28 with the following:
"exceptional circumstances. The court may, in its discretion, grant an
additional continuance not to exceed 21 days when, in its discretion,
27 [April 4, 2000]
the court determines that such a continuance is necessary in order to
provide the recipient with an examination pursuant to Section 3-803 or
3-804 of this Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for the
substitution of counsel as provided for by the Illinois Supreme Court
Rules continuances if agreed to by all parties. The hearing shall be
separate from a".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3548 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4020
A bill for AN ACT to amend the Property Tax Code by changing
Section 23-30.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4020.
Passed the Senate, as amended, April 4, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4020 by replacing the title with
the following:
"AN ACT concerning taxation of fraternal organizations."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by adding a Division
13 heading to Article 10 and by adding Section 10-350 as follows:
(35 ILCS 200/Art. 10, Div. 13 heading new)
DIVISION 13. FRATERNAL ORGANIZATION PROPERTY
(35 ILCS 200/10-350 new)
Sec. 10-350. Fraternal organization assessment freeze.
(a) For the taxable year 2001 and thereafter, the assessed value
of real property owned and used by a fraternal organization, or its
subordinate organization or entity, that is an exempt entity under
Section 501(c)(8) of the Internal Revenue Code and whose members
provide, directly or indirectly, financial support for charitable
works, which may include medical care, drug rehabilitation, or
education, shall be established by the chief county assessment officer
as follows:
(1) if the property meets the qualifications set forth in
this Section on January 1, 2001 and on January 1 of each subsequent
assessment year, for assessment year 2001 and each subsequent
assessment year, the final assessed value of the property shall be
15% of the final assessed value of the property for the assessment
year 2000; or
(2) if the property first meets the qualifications set forth
in this Section on January 1 of any assessment year after
assessment year 2001 and on January 1 of each subsequent assessment
year, for that first assessment year and each subsequent assessment
year, the final assessed value shall be 15% of the final assessed
value of the property for the assessment year in which the property
[April 4, 2000] 28
first meets the qualifications set forth in this Section.
If, in any year, additions or improvements are made to property
subject to assessment under this Section and the additions or
improvements would increase the assessed value of the property, then
15% of the final assessed value of the additions or improvements shall
be added to the final assessed value of the property for the year in
which the additions or improvements are completed and for all
subsequent years that the property is eligible for assessment under
this Section.
(b) For purposes of this Section, "final assessed value" means the
assessed value after final board of review action.
(c) Fraternal organizations whose property is assessed under this
Section must annually submit an application to the chief county
assessment officer on or before (i) January 31 of the assessment year
in counties with a population of 3,000,000 or more and (ii) December 31
of the assessment year in all other counties. The initial application
must contain the information required by the Department of Revenue,
which shall prepare the form, including:
(1) a copy of the organization's charter from the State of
Illinois, if applicable;
(2) the location or legal description of the property on
which is located the principal building for the organization,
including the PIN number, if available;
(3) a written instrument evidencing that the organization is
the record owner or has a legal or equitable interest in the
property;
(4) an affidavit that the organization is liable for paying
the real property taxes on the property; and
(5) the signature of the organization's chief presiding
officer.
Subsequent applications shall include any changes in the initial
application and shall affirm the ownership, use, and liability for
taxes for the year in which it is submitted. All applications shall be
notarized.
(d) This Section does not apply to parcels exempt from property
taxes under this Code.
Section 10. The State Mandates Act is amended by adding Section
8.24 as follows:
(30 ILCS 805/8.24 new)
Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
91st General Assembly.
Section 99. Effective Date. This Act takes effect on January 1,
2001.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4020 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 2904
A bill for AN ACT concerning the powers and duties of regional
superintendents of schools.
HOUSE BILL NO. 2979
A bill for AN ACT concerning child support, amending named Acts.
29 [April 4, 2000]
Passed by the Senate, April 4, 2000.
Jim Harry, Secretary of the Senate
REPORTS FROM STANDING COMMITTEES
Representative Pugh, Chairperson, from the Committee on Revenue to
which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Standard Debate: SENATE BILL 747.
The committee roll call vote on SENATE BILL 747 is as follows:
5, Yeas; 4, Nays; 0, Answering Present.
Y Pugh, Chair Y Currie
N Beaubien Y Granberg
N Biggins Y Mautino, V-Chair
N Cross (Osmond) N Moore, Andrea, Spkpn
Y Turner, Art
RESOLUTIONS
The following resolutions were offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 705
Offered by Representative Wojcik:
WHEREAS, Chicago is the gateway to the Midwest, yet no U.S. carrier
offers daily nonstop service between Chicago and China; and
WHEREAS, Lack of convenient daily service makes it more difficult
for Illinois passengers and businesses to access China, and the lack of
daily nonstop service increases travel time for everyone, especially
time-sensitive business travelers; and
WHEREAS, United Airlines' proposed daily nonstop service between
Chicago and Shanghai would provide Illinois with daily nonstop service
to China's largest city and preeminent commercial and financial center;
and
WHEREAS, Less than daily service deprives passengers of the
flexibility and convenience especially important to time-sensitive
business travelers; and
WHEREAS, Illinois exports to China in 1998 exceeded $900,000,000 in
1998, representing a 24% increase over the previous 5 years; and
WHEREAS, International air traffic generates direct revenues to the
region, and United Airlines employs nearly 20,000 people in Illinois;
therefore, be it
RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the U.S.
Department of Transportation to issue 2 additional frequencies to
United Airlines, thereby allowing the airline to maintain daily nonstop
service between Chicago and Shanghai; and be it further
RESOLVED, That a copy of this resolution be delivered to the U.S.
Secretary of Transportation and to each member of the Illinois
congressional delegation.
HOUSE RESOLUTION 706
Offered by Representative Lang:
WHEREAS, Illinois Department of Revenue Director Glen Bower has
proposed transferring 25 Revenue criminal investigators to patrol
riverboats used for riverboat gambling and to replace those Revenue
criminal investigators with auditors and computer operators; and
WHEREAS, This transfer could compromise investigations of tax fraud
[April 4, 2000] 30
and could result in the loss of millions of dollars to the State
Treasury; and
WHEREAS, A reduction in the number of Revenue criminal
investigators could eliminate the fear of getting prosecuted for
cheating on taxes, which could encourage some people to cheat on their
taxes; and
WHEREAS, A reduction in the number of Revenue criminal
investigators would make it impossible for the Department of Revenue to
investigate the over 5,200,000 individual income tax returns and
hundreds of thousands of corporate tax returns filed with the
Department of Revenue, the more than 243,000 taxpayers registered for
sales tax, and the thousands of taxpayers required to file tax returns
for thousands of other State and local taxes; and
WHEREAS, Excise tax evasion, particularly motor fuel tax evasion,
cannot be detected with an audit and can only be detected through
proven law enforcement techniques; and
WHEREAS, Illinois' proximity to states with lower cigarette taxes
makes cigarette smuggling very profitable for tax cheats at the expense
of Illinois taxpayers; and
WHEREAS, Auditors cannot address the issue of cigarette smuggling;
and
WHEREAS, Internal Revenue Service information indicates that for
every $1.06 spent on criminal enforcement of tax laws there is a $200
return from voluntary compliance; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVE OF THE NINETY-FIRST
GENERAL ASSEMBLY, that we urge the Illinois Department of Revenue to
refrain from transferring any Revenue criminal investigators to patrol
riverboats used for riverboat gambling and to refrain from replacing
those Revenue criminal investigators with other personnel; and be it
further
RESOLVED, That suitable copies of this resolution be delivered to
Glen Bower and to the Speaker and Minority Leader of the House of
Representatives and to the President and Minority Leader of the Senate.
HOUSE JOINT RESOLUTION 54
Offered by Representative Saviano:
WHEREAS, The United States and the People's Republic of China have
entered into an historic U.S. - China trade agreement which opens the
door for China to join the World Trade Organization (WTO); and
WHEREAS, China represents the fourth largest market in the world
for American goods and services and one of the top ten markets in the
world for goods and services produced in the State of Illinois; and
WHEREAS, China is the largest country in the world with over 1.4
billion people and is projected to be the second economic force in the
world within the next ten years; and
WHEREAS, The U.S. - China Trade Agreement provides unprecedented
opportunities for workers, companies, and farmers across the State of
Illinois and throughout our country; and
WHEREAS, Key segments of the economy of Illinois including farming,
manufacturing, high technology, telecommunications, insurance,
chemicals, and services stand to benefit from increased trade with
China; and
WHEREAS, China has agreed to reduce its average industrial tariff
from 35% to 10%, expand market access for U.S. agricultural products,
eliminate discriminatory taxes and regulations, abolish trade
distorting export subsidies, and phase out protectionist quotas; and
WHEREAS, China's entry into the WTO requires it to unilaterally
open its markets and agree to play by the same internationally accepted
rules as other WTO members; and
WHEREAS, China's entry into the WTO will give the Chinese people
more access to the outside world, opening Chinese society to democratic
ideals and principles; and
WHEREAS, The United States must grant Permanent Normal Trade
Relations (PNTR) to China in order to enjoy the benefits of China's
membership in the WTO; and
31 [April 4, 2000]
WHEREAS, Failure of the United States to grant PNTR to China will
place the United States and the people of Illinois at a competitive
disadvantage with our trading competitors in Europe, Asia, and
throughout the world who will have access to the emerging China market;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we strongly support the accession of China into the World
Trade Organization and, further, that this General Assembly calls on
members of the Illinois congressional delegation to pass legislation
granting Permanent Normal Trade Relations with China at the earliest
opportunity; and be it further
RESOLVED, That suitable copies of this resolution be forwarded to
each member of the Illinois congressional delegation.
HOUSE JOINT RESOLUTION 55
Offered by Representative Wirsing:
WHEREAS, It is the intent of the Illinois General Assembly,
representing the people of the Great State of Illinois, to officially
recognize various portions of the original location of the Lincoln
Highway in Illinois as possessing significant, intrinsic historical
qualities; and
WHEREAS, The Lincoln Highway was conceived in 1912 as an early
automobile industry pioneer's visionary, radical idea of creating a
gravel transcontinental highway from New York's Times Square to San
Francisco's Lincoln Park; and became, in 1913, the goal of a national
voluntary membership association, the Lincoln Highway Association; and
WHEREAS, The Lincoln Highway Association's activities in promoting
the concept of the route as a memorial to Illinois' most prominent
historical figure, President Abraham Lincoln, have been credited as the
most effective of the many private sector organizations that composed
the "Good Roads" Movement of the early 20th Century which called for
more and better publicly financed American roads; and
WHEREAS, In 1919, a young U. S. Army Lt. Colonel named Dwight D.
Eisenhower participated in a military transcontinental motor convoy
journey along the Lincoln Highway that took sixty-two days to travel
from Washington, D. C. to San Francisco, motivating and strengthening
his support for better American roads; and
WHEREAS, Later, as U. S. President, Dwight D. Eisenhower proposed,
promoted and signed the Federal Aid Highway Act of 1956 which outlined
and funded a 41,000 mile "National System of Interstate and Defense
Highways," commonly known today the Interstate Highway System; and
WHEREAS, The Lincoln Highway, as the nation's first
transcontinental roadway, was the pioneering model, the forerunner for
the Interstate Highways that today link all other American
transportation systems together into the largest and most efficient
intermodal transport system in the world; and
WHEREAS, In the great American tradition of volunteerism, a
volunteer-based organization, the Illinois Lincoln Highway Coalition
proposed that a continuous route containing most remaining segments of
the original historic route of the Lincoln Highway in Illinois, from
the Indiana Border in Lynwood to the East bank of the Mississippi River
in Fulton, be designated a Federal and State Scenic Byway by the
Federal Highway Administration on the basis of the Highway's historic
significance; and
WHEREAS, The Lincoln Highway Coalition's proposed Scenic Byway
received the required, unanimous, formal support of all thirty-nine
county and municipal government executives along the entire 179-mile
proposed route; and, as a result, has been selected by the Illinois
Department of Transportation as a candidate for Federal Scenic Byway
designation; and
WHEREAS, If designated a Federal Scenic Byway, the route and the
communities along it will be eligible for previously unavailable
Federal grant funding for a variety of historic preservation, tourism
promotion, highway improvement and economic development initiatives;
[April 4, 2000] 32
thus, in part, reducing the current imbalance between the monies that
Illinois sends to and receives back from our Federal government;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that the following route from the Illinois/Indiana border in
Lynwood to the East bank of the Mississippi River in Fulton be
designated as the Historic Lincoln Highway:
Beginning on US Route 30 at the Cook County, Illinois - Indiana border
the route would proceed west through Lynwood to the intersection of
US 30 and East Sauk Trail. The roadway follows East Sauk Trail
through Sauk Village to South Chicago Heights to its intersection
with IL 1, or the Dixie Highway. The Lincoln Highway then traverses
north along IL 1 into Chicago Heights to its intersection with US
30. The route then follows US 30 west through Chicago Heights,
Olympia Fields, Park Forest, and Matteson to the Will-Cook County
line. In Will County, the route follows US 30 west through
Frankfort and Mokena to its intersection with Prairie Street in New
Lenox. It then follows Prairie Street south to West Haven Road. At
this point, the route follows West Haven Road west to North Cedar
Road, then north on North Cedar Road to US 30. The route then
proceeds west on US 30 through New Lenox, Joliet, Crest Hill and
Plainfield to 135th Street (Pilchers Road). [Within Joliet, due to
one-way streets, eastbound route traffic follows Center Street from
its intersection with US 30 / Cass Street south to Jefferson
Street, and Jefferson Street east to Collins (Richards) Street, and
on Collins (Richards) Street north to rejoin US 30 / Cass Street at
its intersection with Collins (Richards) Street.] At US 30 and
135th Street, the Highway follows 135th Street west to Heggs Road,
then proceeds north on Heggs Road to 111th Street (Rance Road). The
route then follows 111th Street west to the Will-Kendall County
line. In Kendall County, the route continues west on 111th Street
to Harvey Road and traverses Harvey Road north through Oswego to
rejoin US 30 just south of US 34. The Lincoln Highway then
traverses north on US 30 over US 34 to where the roadway becomes
Hill Avenue. The route then follows Hill Avenue north to the
Kendall-Kane County line. In Kane County, the route continues north
on Hill Avenue into Aurora to its intersection with East Benton
Street. The Lincoln Highway follows East Benton Street west to its
intersection with State Street. It then proceeds north on State
Street to its intersection with East Downer Place. The route then
follows East Downer Place and West Downer Place west to its
intersection with Northbound IL 31 (River Street) on the west side
of the Fox River. The Highway then follows Northbound IL 31 (River
Street) north to New York Street, then New York Street west to its
intersection with Southbound IL 31. [Within Aurora, due to one-way
streets, eastbound route traffic follows Southbound IL 31 south
from its intersection with New York Street to West Benton Street
and then follows West Benton Street and East Benton Street east to
State Street to rejoin the route on East Benton Street east of
State Street.] The Lincoln Highway then follows IL 31 from New York
Street in Aurora north through North Aurora, Mooseheart and Batavia
to IL 38 in Geneva. The route then proceeds west on IL 38 in Geneva
to Kaneville Road and then west on Kaneville Road to Keslinger
Road. The route follows Keslinger Road (County Highway 41) through
Elburn to Schrader Road, southeast of Maple Park. The Lincoln
Highway then traverses north on Schrader Road to IL 38. It then
follows IL 38 to the DeKalb-Kane County line. In DeKalb County, the
route follows IL 38 west through Maple Park, Cortland, DeKalb and
Malta to the DeKalb-Ogle County line. In Ogle County, the route
follows IL 38 west to its intersection with Woodlawn Road (East
Street) in Creston. The Lincoln Highway then turns south and
follows Woodlawn Road to Cederholm and Cederholm west to Main
Street. The route then follows Main Street south to North Street
and then follows North Street west to Ridge Street. The Highway
then proceeds north on Ridge Street back to Cederholm, and then
33 [April 4, 2000]
west on Cederholm to Beck Street (or West Street). Then, it
traverses Beck Street north back to IL 38. The road then follows IL
38 to Lincoln Highway in Rochelle. The road follows Lincoln Highway
in Rochelle south to Lincoln Avenue, and then Lincoln Avenue west
to IL 38. The route then proceeds west and south on IL 38 to the
Ogle-Lee County line. In Lee County, the Lincoln Highway follows IL
38 south and west to Ashton to its intersection with Brown Street.
It traverses Brown Street south to Main Street, west on Main Street
to South Richardson Avenue, then South Richardson Avenue to Track
Road, and then Track Road west back to IL 38 west of Ashton. The
route then follows IL 38 west to Elm Street in Franklin Grove,
turns south on Elm Street to Lahman, west on Lahman to Franklin
Road, continuing on Franklin Road to Gap Road, and then west on Gap
Road back to IL 38. Lincoln Highway then proceeds west on IL 38
through Dixon to its intersection with US 52, west on US 52 to its
intersection with IL 26, then north on IL 26 / US 52 (Galena
Avenue) to IL 2 (Everett Street), then west on IL 2 to Palmyra Road
at the west edge of Dixon. The route then follows Palmyra Road
through Gap Grove and Prairieville back to IL 2, just west of the
Whiteside-Lee County line. In Whiteside County, the Lincoln Highway
follows Palmyra Road to IL 2, and then west on IL 2 through
Sterling on East 4th Street to IL 40 (1st Avenue). The route then
follows IL 40 north to 5th Street and then 5th Street west to its
intersection with Avenue C. The highway then traverses Avenue C
south to 4th Street, and 4th Street west to its intersection with
Emerson Road. [Within Sterling, due to one-way streets, eastbound
route traffic follows 4th Street from its intersection with Emerson
Road east to Avenue M, and Avenue M south to 3rd Street. It then
proceeds east on 3rd Street to rejoin the route near Freeport
Road.] The Lincoln Highway then traverses Emerson Road through
Emerson to US 30 just west of Agnew. The route then follows US 30
west through Morrison to its intersection with Union Street, west
of Morrison. It then proceeds north on Union Street to Harmony
Road. The route then traverses Harmony Road west back to its
intersection with US 30. It then proceeds west on US 30 to its
intersection with IL 136 just east of Fulton. The route then
proceeds on IL 136 west to IL 84 in Fulton. It then traverses south
on IL 84 to its intersection with 16th Avenue. Lincoln Highway
follows 16th Avenue west to its intersection with 15th Avenue and
15th Avenue west to its intersection with 4th Street. It then
proceeds north on 4th Street to 10th Avenue, west on 10th Avenue to
First Street, north on First Street to its intersection with 9th
Avenue, and then on 9th Avenue to the eastern shoreline of the
Mississippi River (where, in the past, it formerly crossed the
River to Iowa on what was the Lyons-Fulton Bridge).; and be it
further
RESOLVED, That the Illinois Department of Transportation and local
agencies in the respective jurisdictions along the Historic Lincoln
Highway be requested to erect appropriate signs marking the route,
consistent with State and federal regulations; and be it further
RESOLVED, That suitable copies of this resolution be presented to
the U.S. Secretary of Transportation and the Illinois Secretary of
Transportation; and be it further
RESOLVED, That suitable copies of this resolution also be presented
to the organizations that prepared, compiled and sponsored the Lincoln
Highway Federal Scenic Byway nomination: Dixon Main Street and the
Lincoln Highway Coalition.
HOUSE JOINT RESOLUTION 56
Offered by Representative Cowlishaw:
WHEREAS, The members of the Illinois House of Representatives wish
to send their sincere condolences to the family and friends of John T.
Case, who passed away January 22, 1999; and
WHEREAS, John Case was a resident of Park Ridge, Illinois; his
[April 4, 2000] 34
survivors include his wife, June; his sons, John Jr., and George; his
daughter, Fae Diephert; six grandchildren and four great-grandchildren;
and
WHEREAS, John Case was appointed by former Governor James R.
Thompson to the Illinois Conservation Advisory Board; Mr. Case served
on the Board for twelve years, serving seven years as chairman; Mr.
Case was president of the Great Lakes Association of Outdoor Writers,
the Illinois Hunting Preserves Association, and the Illinois Division
of the Izaak Walton League; he was a member of the National Press
Photographers Association, and the Outdoor Writers Association of
America; and
WHEREAS, Mr. Case was the host of "The Sportsman's Case", a radio
program that aired from the 1970's to the 1980's; he was also the
writer of a weekly outdoors column for the News Sun in Waukegan, and
edited Illinois Hunter magazine; and
WHEREAS, During World War II Mr. Case served as a naval gunnery
instructor; for 20 years he worked as a sound technician for WBBM-TV
before the chance to work on radio became open; through his work on
radio John Case became known as an advocate for ecology causes; the
State of Illinois has lost a valued spokesman for conservation with the
death of John T. Case; 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
his family and friends, the death of John T. Case of Park Ridge,
Illinois; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of John T. Case.
HOUSE RESOLUTION 686 was taken up for consideration.
Representative Hamos moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
CHANGE OF SPONSORSHIP
Representative Currie asked and obtained unanimous consent to be
removed as chief sponsor and Representative Bradley asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 2574.
RECALLS
By unanimous consent, on motion of Representative Saviano, SENATE
BILL 1550 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Brosnahan, SENATE BILL 1638 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
35 [April 4, 2000]
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading: SENATE
BILLS 1248, 1277, 1317, 1319, 1376, 1382, 1428, 1504, 1537, 1582, 1599,
1626, 1734, 1735 and 1780.
SENATE BILLS ON SECOND READING
SENATE BILL 1387. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1387
AMENDMENT NO. 1. Amend Senate Bill 1387 by replacing the title
with the following:
"AN ACT concerning public and community service."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Public and
Appellate Defender Immunity Act.
Section 5. Immunity. No public defender, assistant public
defender, appellate defender, or assistant appellate defender, acting
within the scope of his or her employment or contract, nor any person
or entity employing, supervising, assisting, or contracting for the
services of a public defender, assistant public defender, appellate
defender, or assistant appellate defender, is liable for any damages in
tort, contract, or otherwise, in which the plaintiff seeks damages by
reason of legal or professional malpractice, except for willful and
wanton misconduct.
Section 10. The Juvenile Court Act of 1987 is amended by changing
Sections 1-12, 1-13, and 5-105 and adding Sections 5-160 and 5-165 as
follows:
(705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
Sec. 1-12. Neither the State, any unit of local government,
probation department, public or community service program or site, nor
any official, volunteer, or employee thereof acting in the course of
their official duties shall be liable for any injury or loss a person
might receive while performing public or community service as ordered
either (1) by the court or (2) by any duly authorized station or
probation adjustment, teen court, community mediation, or other
administrative diversion program authorized by this Act for a violation
of a penal statute of this State or a local government ordinance
(whether penal, civil, or quasi-criminal) or for a traffic offense, nor
shall they be liable for any tortious acts of any person performing
public or community service, except for wilful, wanton misconduct or
gross negligence on the part of such governmental unit, probation
department, or public or community service program or site or on the
part of the official, volunteer, or employee.
(Source: P.A. 85-1209.)
(705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
Sec. 1-13. No minor assigned to a public or community service
program by either a court or an authorized diversion program shall be
considered an employee for any purpose, nor shall the county board be
obligated to provide any compensation to such minor.
(Source: P.A. 85-1209.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Court" means the circuit court in a session or division
assigned to hear proceedings under this Act, and includes the term
Juvenile Court.
(2) "Community service" means uncompensated labor for a community
service agency as hereinafter defined.
(2.5) "Community service agency" means a not-for-profit
organization, community organization, church, charitable organization,
[April 4, 2000] 36
individual, public office, or other public body whose purpose is to
enhance the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental quality or
social welfare of the community which agrees to accept community
service from juvenile delinquents and to report on the progress of the
community service to the State's Attorney pursuant to an agreement or
to the court or to any agency designated by the court or to the
authorized diversion program that has referred the delinquent minor for
community service if so ordered.
(3) "Delinquent minor" means any minor who prior to his or her
17th birthday has violated or attempted to violate, regardless of where
the act occurred, any federal or State law, county or municipal
ordinance.
(4) "Department" means the Department of Human Services unless
specifically referenced as another department.
(5) "Detention" means the temporary care of a minor who is alleged
to be or has been adjudicated delinquent and who requires secure
custody for the minor's own protection or the community's protection in
a facility designed to physically restrict the minor's movements,
pending disposition by the court or execution of an order of the court
for placement or commitment. Design features that physically restrict
movement include, but are not limited to, locked rooms and the secure
handcuffing of a minor to a rail or other stationary object. In
addition, "detention" includes the court ordered care of an alleged or
adjudicated delinquent minor who requires secure custody pursuant to
Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile, without court
intervention, into a program that provides services designed to educate
the juvenile and develop a productive and responsible approach to
living in the community.
(7) "Juvenile detention home" means a public facility with
specially trained staff that conforms to the county juvenile detention
standards promulgated by the Department of Corrections.
(8) "Juvenile justice continuum" means a set of delinquency
prevention programs and services designed for the purpose of preventing
or reducing delinquent acts, including criminal activity by youth
gangs, as well as intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and minors who
have previously been committed to residential treatment programs for
delinquents. The term includes children-in-need-of-services and
families-in-need-of-services programs; aftercare and reentry services;
substance abuse and mental health programs; community service programs;
community service work programs; and alternative-dispute resolution
programs serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local governmental entities,
public or private for-profit or not-for-profit organizations, or
religious or charitable organizations. This term would also encompass
any program or service consistent with the purpose of those programs
and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police officer who has
completed a Basic Recruit Training Course, has been assigned to the
position of juvenile police officer by his or her chief law enforcement
officer and has completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training Standards Board, or
in the case of a State police officer, juvenile officer training
approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years subject to
this Act.
(11) "Non-secure custody" means confinement where the minor is not
physically restricted by being placed in a locked cell or room, by
being handcuffed to a rail or other stationary object, or by other
means. Non-secure custody may include, but is not limited to,
electronic monitoring, foster home placement, home confinement, group
home placement, or physical restriction of movement or activity solely
through facility staff.
(12) "Public or community service" means uncompensated labor for a
37 [April 4, 2000]
not-for-profit non-profit organization or public body whose purpose is
to enhance physical or mental stability of the offender, environmental
quality or the social welfare and which agrees to accept public or
community service from offenders and to report on the progress of the
offender and the public or community service to the court or to the
authorized diversion program that has referred the offender for public
or community service.
(13) "Sentencing hearing" means a hearing to determine whether a
minor should be adjudged a ward of the court, and to determine what
sentence should be imposed on the minor. It is the intent of the
General Assembly that the term "sentencing hearing" replace the term
"dispositional hearing" and be synonymous with that definition as it
was used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in physically
unrestricting facilities pending court disposition or execution of
court order for placement.
(15) "Site" means a not-for-profit non-profit organization, or
public body, church, charitable organization, or individual agreeing to
accept community service from offenders and to report on the progress
of ordered or required public or community service to the court or to
the authorized diversion program that has referred the offender for
public or community service its delegate.
(16) "Station adjustment" means the informal or formal handling of
an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the allegations
of a petition under Section 5-520 that a minor is delinquent are proved
beyond a reasonable doubt. It is the intent of the General Assembly
that the term "trial" replace the term "adjudicatory hearing" and be
synonymous with that definition as it was used in the Juvenile Court
Act of 1987.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-160 new)
Sec. 5-160. Liability for injury, loss, or tortious acts. Neither
the State or any unit of local government, probation department, or
public or community service program or site, nor any official,
volunteer, or employee of the State or a unit of local government,
probation department, public or community service program or site
acting in the course of his or her official duties shall be liable for
any injury or loss a person might receive while performing public or
community service as ordered either (1) by the court or (2) by any duly
authorized station adjustment or probation adjustment, teen court,
community mediation, or other administrative diversion program
authorized by this Act for a violation of a penal statute of this State
or a local government ordinance (whether penal, civil, or
quasi-criminal) or for a traffic offense, nor shall they be liable for
any tortious acts of any person performing public or community service,
except for wilful, wanton misconduct or gross negligence on the part of
the governmental unit, probation department, or public or community
service program or site or on the part of the official, volunteer, or
employee.
(705 ILCS 405/5-165 new)
Sec. 5-165. Minor as employee. No minor assigned to a public or
community service program by either a court or an authorized diversion
program is considered an employee for any purpose, nor is the county
board obligated to provide compensation to the minor.
Section 15. The Unified Code of Corrections is amended by changing
Section 5-5-7 as follows:
(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has
been held unconstitutional)
Sec. 5-5-7. Neither the State, any local government, probation
department, public or community service program or site, nor any
official, volunteer, or employee thereof acting in the course of their
official duties shall be liable for any injury or loss a person might
receive while performing public or community service as ordered either
(1) by the court or (2) by any duly authorized station or probation
[April 4, 2000] 38
adjustment, teen court, community mediation, or other administrative
diversion program authorized by the Juvenile Court Act of 1987 for a
violation of a penal statute of this State or a local government
ordinance (whether penal, civil, or quasi-criminal) or for a traffic
offense, nor shall they be liable for any tortious acts of any person
performing public or community service, except for wilful, wanton
misconduct or gross negligence on the part of such governmental unit,
probation department, or public or community service program or site,
or the official, volunteer, or employee.
(Source: P.A. 85-449.)
Section 20. The Probation Community Service Act is amended by
changing Section 1 as follows:
(730 ILCS 115/1) (from Ch. 38, par. 204a-1)
Sec. 1. (a) "Public or Community Service" means uncompensated
labor for a not-for-profit non-profit organization or public body whose
purpose is to enhance physical, or mental stability of the offender,
environmental quality or the social welfare and which agrees to accept
public or community service from offenders and to report on the
progress of the offender and the public or community service to the
court or to the authorized diversion program that has referred the
offender for public or community service.
(b) "Site" means a not-for-profit non-profit organization, or
public body, church, charitable organization, or individual agreeing to
accept community service from offenders and to report on the progress
of ordered or required public or community service to the court or to
the authorized diversion program that has referred the offender for
public or community service its delegate.
(c) The county boards of the several counties in this State are
authorized to establish and operate agencies to develop and supervise
programs of public or community service for those persons placed by the
court on probation, conditional discharge, or supervision.
(d) The programs shall be developed in cooperation with the
circuit courts for the respective counties developing such programs and
shall conform with any law restricting the use of public or community
service.
(e) Neither the State, any local government, probation department,
public or community service program or site, nor any official,
volunteer, or employee thereof acting in the course of their official
duties shall be liable for any injury or loss a person might receive
while performing public or community service as ordered either (1) by
the court or (2) by any duly authorized station or probation
adjustment, teen court, community mediation, or other administrative
diversion program authorized by the Juvenile Court Act of 1987 for a
violation of a penal statute of this State or a local government
ordinance (whether penal, civil, or quasi-criminal) or for a traffic
offense, nor shall they be liable for any tortious acts of any person
performing public or community service, except for wilful, wanton
misconduct or gross negligence on the part of such governmental unit,
probation department, or public or community service program or site or
on the part of the official, volunteer, or employee.
(f) No person assigned to a public or community service program
shall be considered an employee for any purpose, nor shall the county
board be obligated to provide any compensation to such person.
(Source: P.A. 85-449.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
On motion of Representative Moffitt, Amendment No. 1 was ordered to
lie on the table.
There being no further amendments, the bill was advanced to the
order of Third Reading.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
39 [April 4, 2000]
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Saviano, SENATE BILL 1339 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; 1, Answering Present.
(ROLL CALL 3)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
On motion of Representative Bugielski, SENATE BILL 1332 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 4)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 1550. Having been recalled earlier today, and held on
the order of Second Reading, the same was again taken up.
Floor Amendment No. 3 remained in the Committee on Rules.
There being no further amendments, the bill was again advanced to
the order of Third Reading.
SENATE BILL 1268. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1268
AMENDMENT NO. 1. Amend Senate Bill 1268 on page 1, line 18, by
changing "until" to "after".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1540. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration & Election Reform, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1540
AMENDMENT NO. 1. Amend Senate Bill 1540 by replacing everything
after the enacting clause with the following:
"Section 5. The Solicitation for Charity Act is amended by
changing Section 23 as follows:
(225 ILCS 460/23)
Sec. 23. Charitable Advisory Council. As a part of charitable
trust enforcement and public disclosure, a task force composed of
citizens chosen by the Attorney General to be known as the Attorney
[April 4, 2000] 40
General's Charitable Advisory Council shall be and is hereby formed for
a 3-year period. This Advisory Council shall study issues of
charitable giving, volunteerism, and fundraising in this State. The
Advisory Council members shall serve without compensation, and the
expenses of the Council may be paid for out of the Illinois Charity
Bureau Fund in an amount not to exceed $10,000 per year and in the
discretion of the Attorney General.
(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1304. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1304
AMENDMENT NO. 1. Amend Senate Bill 1304 by replacing everything
after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing Sections
21-15, 21-20, and 21-25 as follows:
(35 ILCS 200/21-15)
Sec. 21-15. General tax due dates; default by mortgage lender.
Except as otherwise provided in this Section or Section 21-40, all
property upon which the first installment of taxes remains unpaid on
June 1 annually shall be deemed delinquent and shall bear interest
after June 1 at the rate of 1 1/2% per month or portion thereof.
Except as otherwise provided in this Section or Section 21-40, all
property upon which the second installment of taxes remains due and
unpaid on September 1, annually, shall be deemed delinquent and shall
bear interest after September 1 at the same interest rate. All interest
collected shall be paid into the general fund of the county. Payment
received by mail and postmarked on or before the required due date is
not delinquent.
Property not subject to the interest charge in Section 9-265 shall
also not be subject to the interest charge imposed by this Section
until such time as the owner of the property receives actual notice of
and is billed for the principal amount of back taxes due and owing.
If a member of a reserve component of the armed forces of the
United States who has an ownership interest in property taxed under
this Act is called to active duty for deployment outside the
continental United States and is on active duty on the due date of any
installment of taxes due under this Act, he or she shall not be deemed
delinquent in the payment of the installment and no interest shall
accrue or be charged as a penalty on the installment until 30 days
after that member returns from active duty.
Notwithstanding any other provision of law, when any unpaid taxes
become delinquent under this Section through the fault of the mortgage
lender, (i) the interest assessed under this Section for delinquent
taxes shall be charged against the mortgage lender and not the
mortgagor and (ii) the mortgage lender shall pay the taxes, redeem the
property and take all necessary steps to remove any liens accruing
against the property because of the delinquency. In the event that more
than one entity meets the definition of mortgage lender with respect to
any mortgage, the interest shall be assessed against the mortgage
lender responsible for servicing the mortgage. Unpaid taxes shall be
deemed delinquent through the fault of the mortgage lender only if: (a)
the mortgage lender has received all payments due the mortgage lender
for the property being taxed under the written terms of the mortgage or
promissory note secured by the mortgage, (b) the mortgage lender holds
41 [April 4, 2000]
funds in escrow to pay the taxes, and (c) the funds are sufficient to
pay the taxes after deducting all amounts reasonably anticipated to
become due for all hazard insurance premiums and mortgage insurance
premiums and any other assessments to be paid from the escrow under the
terms of the mortgage. For purposes of this Section, an amount is
reasonably anticipated to become due if it is payable within 12 months
from the time of determining the sufficiency of funds held in escrow.
Unpaid taxes shall not be deemed delinquent through the fault of the
mortgage lender if the mortgage lender was directed in writing by the
mortgagor not to pay the property taxes, or if the failure to pay the
taxes when due resulted from inadequate or inaccurate parcel
information provided by the mortgagor, a title or abstract company, or
by the agency or unit of government assessing the tax.
(Source: P.A. 90-336, eff. 1-1-98; 90-575, eff. 3-20-98; 91-199, eff.
1-1-00.)
(35 ILCS 200/21-20)
Sec. 21-20. Due dates; accelerated billing in counties of less
than 3,000,000. Except as otherwise provided in Section 21-40, in
counties with less than 3,000,000 inhabitants in which the accelerated
method of billing and paying taxes provided for in Section 21-30 is in
effect, the estimated first installment of unpaid taxes shall be deemed
delinquent and shall bear interest after a date not later than June 1
annually as provided for in the ordinance or resolution of the county
board adopting the accelerated method, at the rate of 1 1/2% per month
or portion thereof until paid or forfeited. The second installment of
unpaid taxes shall be deemed delinquent and shall bear interest after
August 1 annually at the same interest rate until paid or forfeited.
Payment received by mail and postmarked on or before the required due
date is not delinquent.
If a member of a reserve component of the armed forces of the
United States who has an ownership interest in property taxed under
this Act is called to active duty for deployment outside the
continental United States and is on active duty on the due date of any
installment of taxes due under this Act, he or she shall not be deemed
delinquent in the payment of the installment and no interest shall
accrue or be charged as a penalty on the installment until 30 days
after that member returns from active duty.
(Source: P.A. 91-199, eff. 1-1-00.)
(35 ILCS 200/21-25)
Sec. 21-25. Due dates; accelerated billing in counties of
3,000,000 or more. Except as hereinafter provided and as provided in
Section 21-40, in counties with 3,000,000 or more inhabitants in which
the accelerated method of billing and paying taxes provided for in
Section 21-30 is in effect, the estimated first installment of unpaid
taxes shall be deemed delinquent and shall bear interest after March 1
at the rate of 1 1/2% per month or portion thereof until paid or
forfeited. The second installment of unpaid taxes shall be deemed
delinquent and shall bear interest after August 1 annually at the same
interest rate until paid or forfeited.
If the county board elects by ordinance adopted prior to July 1 of
a levy year to provide for taxes to be paid in 4 installments, each
installment for that levy year and each subsequent year shall be deemed
delinquent and shall begin to bear interest 30 days after the date
specified by the ordinance for mailing bills, at the rate of 1 1/2% per
month or portion thereof, until paid or forfeited.
Payment received by mail and postmarked on or before the required
due date is not delinquent.
Taxes levied on homestead property in which a member of the
National Guard or reserves of the armed forces of the United States who
was called to active duty on or after August 1, 1990, and who has an
ownership interest, shall not be deemed delinquent and no interest
shall accrue or be charged as a penalty on such taxes due and payable
in 1991 or 1992 until one year after that member returns to civilian
status.
If a member of a reserve component of the armed forces of the
United States who has an ownership interest in property taxed under
[April 4, 2000] 42
this Act is called to active duty for deployment outside the
continental United States and is on active duty on the due date of any
installment of taxes due under this Act, he or she shall not be deemed
delinquent in the payment of the installment and no interest shall
accrue or be charged as a penalty on the installment until 30 days
after that member returns to civilian status.
(Source: P.A. 91-199, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1658. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Insurance,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1658
AMENDMENT NO. 1. Amend Senate Bill 1658 on page 1 by replacing
lines 1 and 2 with the following:
"AN ACT in relation to workers' compensation."; and
on page 19, line 25, by replacing "4" with "4 and adding Section 10.1";
and
on page 29 by inserting immediately below line 26 the following:
"(820 ILCS 305/10.1 new)
Sec. 10.1. Compromise lump sum settlement. The parties, by
agreement and with approval of an arbitrator or the Commission, may
enter into a compromise lump sum settlement in either permanent total
or permanent partial disability cases which prorates the lump sum
settlement over the life expectancy of the injured worker. When such an
agreement has been approved, neither the weekly compensation rate paid
throughout the case nor the maximum statutory weekly rate applicable to
the injury shall apply. No compensation rate shall exceed the maximum
statutory weekly rate as of the date of the injury. Instead, the
prorated rate set forth in the approved settlement documents shall
control and become the rate for that case. This Section shall be
retroactive in effect.".
Representative Mautino offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1658
AMENDMENT NO. 2. Amend Senate Bill 1658, AS AMENDED, in Section 10
of the bill by inserting immediately below the last line of Sec.
107a.03 the following:
"The State of Illinois, a unit of local government or school
district, or association or instrumentality thereof, or an
intergovernmental risk management association, self-insurance pool or
self-administered health and accident cooperative or pool shall not be
deemed an "employer" or "pool" for the purpose of this Article."; and
in Section 10 of the bill, in Sec. 107a.06, in item (1) of subsection
(c), by deleting "and fees to be charged"; and
in Section 10 of the bill, in Sec. 107a.13, in the first sentence of
subsection (c), by changing "securities has been" to "securities, if
any, has been"; and
in Section 10 of the bill, in Sec. 107a.14, in the first sentence of
subsection (b) by changing "group" each time it appears to "qualified
group"; and
in Section 10 of the bill, in Sec. 107a.14, in the second sentence of
subsection (b) by changing "of the group" to "of the qualified group";
43 [April 4, 2000]
and
in Section 10 of the bill, in Sec. 107a.14, in the third sentence of
subsection (b) by changing "declared a" to "declared a qualified"; and
in Section 10 of the bill, in Sec. 107a.14, in the third sentence of
subsection (b) by changing "from all" to "from all qualified"; and
in Section 10 of the bill, in Sec. 107a.14, in the fourth sentence of
subsection (b) by changing "group" to "qualified group".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced to
the order of Third Reading.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Kosel, SENATE BILL 1655 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; 1, Nays; 0, Answering Present.
(ROLL CALL 5)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
On motion of Representative Myers, SENATE BILL 1701 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 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.
On motion of Representative Tom Johnson, SENATE BILL 742 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 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
SENATE BILL 1391. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Environment
& Energy, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1391
AMENDMENT NO. 1. Amend Senate Bill 1391 by replacing everything
after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by adding
[April 4, 2000] 44
Section 10.1 as follows:
(415 ILCS 5/10.1 new)
Sec 10.1. Limestone quarry and recycling operation; fugitive dust
control plan; rules. Within 180 days after the effective date of this
Section, the Agency shall review existing rules relating to fugitive
dust control plans for operations in the PM10 nonattainment areas, as
defined in Section 212.324 of Title 35 of the Illinois Administrative
Code, that are crushed and broken limestone quarry operations, asphalt
pavement recycling operations that remain at a single location for at
least 12 months, or portland cement concrete recycling operations that
remain at a single location for at least 12 months and propose to the
Board additional rules specifying in detail the required contents of
those plans. At a minimum, the rules shall (i) require that a fugitive
dust control plan provide safeguards to protect the life, health, and
safety of the residents of areas surrounding subject operations, (ii)
include a procedure under which a subject operation is required to
accept and respond to public comment and address public concerns
relating to fugitive dust control, (iii) require subject operations to
submit fugitive dust control plans consistent with the rules as adopted
by the Board within 90 days following adoption of the rules, (iv)
require subject operations, at their expense, to publish notice of the
opportunity for public review and comment on the proposed fugitive dust
control plans and make the plans available to the public for review,
(v) grant the Agency 180 days from its receipt of the fugitive dust
control plans to accept or reject the plans after reviewing the public
comments, (vi) require resubmittal of such fugitive dust plans whenever
operations at the affected operation change in a manner that renders
the current fugitive dust plan no longer effective, and (vii) require
immediate implementation of the dust plan upon submittal to the Agency.
The Agency shall provide a public hearing on such fugitive dust control
plans when required pursuant to Section 252.205 of Title 35 of the
Illinois Administrative Code. The Board shall consider and adopt the
proposed rules as expeditiously as may be practical.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1508. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Mental
Health & Patient Abuse, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1508
AMENDMENT NO. 1. Amend Senate Bill 1508 by replacing lines 27
through 34 on page 2 and lines 1 through 9 on page 3 with the
following:
"(2) The court shall hold a hearing within 7 14 days of the
filing of the petition. The People, the petitioner, or the
respondent shall be entitled to a continuance of up to 7 days as of
right. An additional continuance of Continuances totaling not more
than 7 14 days may be granted to any party (i) the recipient upon a
showing that the continuance is continuances are needed in order to
prepare adequately prepare for or present evidence in a hearing
under this Section or (ii) under exceptional circumstances. The
court may, in its discretion, grant an additional continuance not
to exceed 21 days when, in its discretion, the court determines
that such a continuance is necessary in order to provide the
recipient with an examination pursuant to Section 3-803 or 3-804 of
this Act, to provide the recipient with a trial by jury as provided
in Section 3-802 of this Act, or to arrange for the substitution of
counsel as provided for by the Illinois Supreme Court Rules
45 [April 4, 2000]
continuances if agreed to by all parties. The hearing shall be
separate from a judicial proceeding held to determine whether a
person is subject to involuntary admission but may be heard
immediately preceding or following such a judicial proceeding and
may be heard by the same trier of fact or law as in that judicial
proceeding.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Zickus, SENATE BILL 1875 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 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.
RESOLUTIONS
HOUSE RESOLUTION 695 was taken up for consideration.
Representative O'Brien moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
HOUSE RESOLUTIONS 677, 679, 680, 681, 682, 683, 684, 688, 689, 690,
691, 693, 694, 696, 697, 698, 700, 701, 703, 704, 707 and 708 were
taken up for consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
RECALLS
By unanimous consent, on motion of Representative Burke, SENATE
BILL 1404 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
At the hour of 3:30 o'clock p.m., Representative Lang moved that
the House do now adjourn until Wednesday, April 5, 2000, at 11:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
[April 4, 2000] 46
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
APR 04, 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
47 [April 4, 2000]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1638
PUB AID-DELAYED CHILD SUPPORT
THIRD READING
PASSED
APR 04, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK 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
A FLOWERS Y LEITCH
[April 4, 2000] 48
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1339
COSMETOLOGY-EDUCATION PROGRAM
THIRD READING
PASSED
APR 04, 2000
116 YEAS 0 NAYS 1 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
P 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
A FLOWERS Y LEITCH
49 [April 4, 2000]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1332
CRME VCTMS RTS-DRUG OFFENSES
THIRD READING
PASSED
APR 04, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK 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
A FLOWERS Y LEITCH
[April 4, 2000] 50
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1655
ORDER OF PROTECTION-FOREIGN
THIRD READING
PASSED
APR 04, 2000
115 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 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
A BRUNSVOLD Y HARTKE Y MITCHELL,BILL N 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
A FLOWERS Y LEITCH
51 [April 4, 2000]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1701
INS EXCHANGE NOT STATE OWNED
THIRD READING
PASSED
APR 04, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK 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
A FLOWERS Y LEITCH
[April 4, 2000] 52
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 742
CIRCT CLRK-FEE-SPINAL INJURY
THIRD READING
PASSED
APR 04, 2000
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK 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
A FLOWERS Y LEITCH
53 [April 4, 2000]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1875
TELEPHONE SOLICIT-CONSENT
THIRD READING
PASSED
APR 04, 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 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
A FLOWERS Y LEITCH
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