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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