812 JOURNAL OF THE [March 11, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
25TH LEGISLATIVE DAY
THURSDAY, MARCH 11, 1999
10:00 0'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by LeeArthur Crawford, Assistant Pastor with the Victory
Temple Church in Springfield, Illinois.
Representative Sharp led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Ronen was excused from
attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Poe replaced Representative Winters in the
Committee on Appropriations - General Services & Government Oversight
on March 8, 1999.
Representative Bost replaced Representative Bassi in the
Committee on Appropriations - Public Safety on March 8, 1999.
Representative O'Connor replaced Representative Righter in the
Committee on Prosecutorial Misconduct on March 8, 1999.
Representative Ryder replaced Representative Bellock in the
Committee on Appropriations - Human Services on March 9, 1999.
Representative Poe replaced Representative Bassi in the Committee
on Appropriations - Public Safety on March 10, 1999.
Representative Tenhouse replaced Representative John Jones in the
Committee on Elementary & Secondary Education on March 10, 1999.
Representative Beaubien replaced Representative Lindner in the
Committee on Appropriations - General Services & Government Oversight
on March 10, 1999.
Representative Cross will replace Representative Ryder in the
Committee on Rules, for today only.
Representative Tenhouse will replace Representative Cowlishaw in
HOUSE OF REPRESENTATIVES 813
the Committee on Public Utilities, for today only.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 1 and 2 to HOUSE BILL 3.
Amendment No. 1 to HOUSE BILL 39.
Amendment No. 1 to HOUSE BILL 130.
Amendment No. 1 to HOUSE BILL 227.
Amendment No. 1 to HOUSE BILL 458.
Amendment No. 1 to HOUSE BILL 497.
Amendment No. 1 to HOUSE BILL 504.
Amendment No. 1 to HOUSE BILL 555.
Amendment No. 3 to HOUSE BILL 596.
Amendment No. 1 to HOUSE BILL 710.
Amendment No. 3 to HOUSE BILL 928.
Amendments numbered 6 and 7 to HOUSE BILL 999.
Amendment No. 1 to HOUSE BILL 1365.
Amendment No. 1 to HOUSE BILL 1536.
Amendment No. 1 to HOUSE BILL 2130.
Amendment No. 1 to HOUSE BILL 2266.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Agriculture & Conservation: House Amendment 2 to
HOUSE BILL 242.
Committee on Appropriations-General Services & Government
Oversight: HOUSE BILL 2506.
Committee on Elementary & Secondary Education: House Amendment 2
to HOUSE BILL 131; HOUSE JOINT RESOLUTION 11.
Committee on Environment & Energy: House Amendment 1 to HOUSE
BILL 909 and House Amendment 1 to HOUSE BILL 2631.
Committee on Judiciary II-Criminal Law: HOUSE RESOLUTION 124.
Committee on Labor & Commerce: House Amendment 1 to HOUSE BILL
2041.
Committee on Public Utilities: House Amendment 1 to HOUSE BILL
287.
Committee on Revenue: HOUSE RESOLUTION 123.
Committee on State Government Administration: HOUSE RESOLUTION
125.
Committee on Urban Revitalization: Amendment No. 1 to HOUSE BILL
1877.
SUBCOMMITTEE ASSIGNMENTS
Representative Burke, Chairperson from the Committee on
Executive, appointed the following members:
Subcommittee on Mobile Home Parks: Representative Capparelli,
Chairperson; Representatives Bugielski, Lopez and Lou Jones:
Subcommittee on Reproductive Rights: Representative Fritchey,
814 JOURNAL OF THE [March 11, 1999]
Chairperson; Representatives Acevedo, Bradley and Lou Jones:
Subcommittee on Nursing Homes and Health Care: Representative
Lopez, Chairperson; Representatives Bradley, Acevedo and Bugielski:
REQUEST FOR FISCAL NOTES
Representative Monique Davis requested that Fiscal Notes be
supplied for HOUSE BILLS 819 and 901.
Representative Schoenberg requested that a Fiscal Note be
supplied for HOUSE BILL 2356.
Representative Black requested that a Fiscal Note be supplied for
HOUSE BILL 1877, as amended.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 2, 3, as amended,
144, 192, 437, 462, as amended, 521, 523, 592, 605, 630, as amended,
722, as amended, 741, 741, as amended, 747, as amended, 892, 897,
901, 999, 1058, as amended, 1164, 1176, 1208, 1242, 1438, 1457, 1543,
1730, 1833, 1913, 1940, 1954, 1956, 1959, 2029, as amended, 2031, as
amended, 2036, 2108, 2203, 2258, 2266, 2266, as amended, 2350, 2353,
2628, 2666, 2726, 2727, 2756 and 2831.
FISCAL NOTE WITHDRAWN
Representative Monique Davis withdrew her request for Fiscal
Notes on HOUSE BILLS 807, 819, 2026 and 2775.
Representative Black withdrew his request for Fiscal Notes on
HOUSE BILLS 1399, 1435 and 2589.
Representative Mautino withdrew his request for a Fiscal Note on
HOUSE BILL 153.
Representative Poe withdrew his request for a Fiscal Note on
HOUSE BILL 603.
REQUEST FOR STATE MANDATES NOTES
Representative Monique Davis requested that State Mandates Notes
be supplied for HOUSE BILLS 819 and 901.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for HOUSE BILLS 192,
423, as amended, 621, 626, as amended, 722, as amended, 723, 754, as
amended, 892, 1208, 1233, 1371, 1457, 1723, as amended, 1730, 1795,
1799, 1801, 1842, 1954, 1981, 2002, 2031, 2086, 2101, 2146, 2163,
2167, 2201, 2253, 2266, as amended, 2269, 2628, and 2756.
STATE MANDATES NOTES WITHDRAWN
HOUSE OF REPRESENTATIVES 815
Representative Monique Davis withdrew her request for State
Mandates Notes on HOUSE BILLS 807 808, and 819.
Representative Poe withdrew his request for State Mandates Notes
on HOUSE BILLS 603 and 2101.
Representative Mautino withdrew his request for a State Mandates
Note on HOUSE BILL 153.
Representative Black withdrew his request for State Mandate Notes
on HOUSE BILLS 1399 and 2589.
Representative Durkin withdrew his request for a State Mandates
Note on HOUSE BILL 742.
REQUEST FOR HOME RULE NOTES
Representative Monique Davis requested that Home Rule Notes be
supplied for HOUSE BILLS 819 and 901.
Representative Black requested that a Home Rule Note be supplied
for HOUSE BILL 1877, as amended.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 423, as
amended, 621, 626, as amended, 710, 722, as amended, 754, as amended,
1842, 1954 and 2086.
HOME RULE NOTE WITHDRAWN
Representative Monique Davis withdrew her request for Home Rule
Notes on HOUSE BILLS 807, 819, 2026 and 2775.
REQUEST FOR JUDICIAL NOTES
Representative Monique Davis requested that Judicial Notes be
supplied for HOUSE BILLS 819 and 901.
JUDICIAL NOTES SUPPLIED
Judicial Notes have been supplied for HOUSE BILLS 152, as
amended, 192, 423, 423, as amended, 427, 427, as amended, 498, as
amended, 620, 722, as amended, 741, 741, as amended, 753, as amended,
754, 754, as amended, 778, 778, as amended, 1088, 1088, as amended,
1112, 1112, as amended, 1674, as amended, 1718, as amended, 1747, as
amended, 1771, 1781, 1791, 1795, 1799, 1800, 1863, as amended, 2002,
2035, as amended, 2036, 2201, 2269, 2375, 2377, 2376, 2704 and 2704,
as amended.
JUDICIAL NOTE WITHDRAWN
Representative Monique Davis withdrew her request for Judicial
Notes on HOUSE BILLS 808, 819, 2026 and 2775.
816 JOURNAL OF THE [March 11, 1999]
Representative Poe withdrew his request for a Judicial Note on
HOUSE BILL 603.
REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
Representative Poe requested that a Correctional Budget & Impact
Note be supplied for HOUSE BILL 754.
CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED
A Correctional Budget and Impact Note has been supplied for HOUSE
BILL 242, as amended.
CORRECTIONAL BUDGET & IMPACT NOTE WITHDRAWN
Representative Monique Davis withdrew her request for a
Correctional Budget & Impact Note on HOUSE BILL 807.
REQUEST FOR STATE DEBT IMPACT NOTE
Representative Poe requested that a State Debt Impact Note be
supplied for HOUSE BILL 754.
STATE DEBT IMPACT NOTES SUPPLIED
State Debt Impact Notes have been supplied for HOUSE BILLS 144,
144, as amended and 2029, as amended.
STATE DEBT IMPACT NOTES WITHDRAWN
Representative Monique Davis withdrew her request for State Debt
Impact Notes on HOUSE BILLS 807 and 808.
REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE
Representative Poe requested that a Land Conveyance Appraisal
Note be supplied for HOUSE BILL 754.
REQUEST FOR BALANCED BUDGET NOTE
Representative Schoenberg requested that a Balanced Budget Note
be supplied for HOUSE BILL 2356.
Representative Black requested that a Balanced Budget Note be
supplied for HOUSE BILL 1877, as amended.
BALANCED BUDGET NOTE WITHDRAWN
Representative Monique Davis withdrew her request for a Balanced
Budget Note on HOUSE BILL 2026.
Representative Poe withdrew his request for a Balanced Budget
HOUSE OF REPRESENTATIVES 817
Note on HOUSE BILL 603.
HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED
Housing Affordability Impact Notes have been supplied for HOUSE
BILLS 710 and 754.
HOUSING AFFORDABILITY IMPACT NOTE WITHDRAWN
Representative Poe withdrew his request for a Housing
Affordability Impact Note on HOUSE BILL 2101.
BALANCED BUDGET NOTES SUPPLIED
Balanced Budget Notes have been supplied for HOUSE BILLS 144,
427, 427, as amended, 620, 741, 741, as amended, 754, 754, as
amended, 778, 778, as amended, 1718, 1718, as amended, 1795, 2023,
and 2023, as amended.
REPORTS FROM STANDING COMMITTEES
Representative Smith, Chairperson, from the Committee on
Agriculture & Conservation to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 242.
The committee roll call vote on Floor Amendment 2 to House Bill
242 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Smith, Michael, Chair Y Lawfer
A Bost Y Mitchell, Bill
Y Fowler Y Myers, Richard
Y Franks A O'Brien
Y Hannig Y Poe
Y Hartke Y Reitz, Vice-Chair
Y Johnson, Tim A Slone
Y Jones, John A Turner, John
A Woolard, Spkpn
Representative Monique Davis, Chairperson, from the Committee on
Appropriations-Human Services to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 5, 1534, 2427, 2429,
2433, 2435, 2437, 2443 and 2508.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILLS 1450 and 2447.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: HOUSE BILLS 2426, 2428
and 2509.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Standard Debate: HOUSE BILLS 1448,
2430, 2431, 2439, 2441 and 2445.
818 JOURNAL OF THE [March 11, 1999]
The committee roll call vote on HOUSE BILLS 1534, 2427, 2429,
2433, 2435, 2437 and 2443 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Monique, Chair Y Leitch
Y Bellock Y McKeon
Y Feigenholtz Y Mulligan, Spkpn
Y Hamos Y Reitz
Y Hultgren (Stephens) Y Ronen (Hannig)
A Saviano
The committee roll call vote on HOUSE BILLS 5, 2426, 2428, 2508
and 2509. is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Monique, Chair Y Leitch
Y Bellock Y McKeon
Y Feigenholtz Y Mulligan, Spkpn
Y Hamos Y Reitz
Y Hultgren (Stephens) Y Ronen (Hannig)
A Saviano
The committee roll call vote on HOUSE BILLS 1448, 1450, 2430,
2431, 2439, 2441, 2445 and 2447. is as follows:
6, Yeas; 4, Nays; 0, Answering Present.
Y Davis, Monique, Chair N Leitch
N Bellock Y McKeon
Y Feigenholtz N Mulligan, Spkpn
Y Hamos Y Reitz
N Hultgren (Stephens) Y Ronen (Hannig)
A Saviano
Representative Novak, Chairperson, from the Committee on
Environment & Energy to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 909.
Amendment No. 1 to HOUSE BILL 2631.
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were
referred, action taken earlier today, and reported the same back with
the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 131.
The committee roll call vote on Amendment No. 2 to House Bill 131
is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn A Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, Vice-Chair A Mulligan
A Delgado Y Murphy
A Fowler Y O'Brien
Y Garrett Y Persico
HOUSE OF REPRESENTATIVES 819
A Giles Y Scully
Y Hoeft A Smith, Michael
Y Winkel
Representative Stroger, Chairperson, from the Committee on Labor
& Commerce to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 2041.
The committee roll call vote on Amendment No. 1 to House Bill
2041 is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Stroger, Chair A Johnson, Tom
Y Brady Y Jones, Shirley
Y Dart Y McKeon, Vice-Chair
Y Davis, Monique Y Moore, Andrea
Y Harris Y Osmond
A Hoeft Y Parke, Spkpn
Y Howard Y Sharp
A Hultgren Y Slone
Y Winters
Representative Shirley Jones, Chairperson, from the Committee on
Public Utilities to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 287.
The committee roll call vote on Amendment No. 1 to House Bill 287
is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Jones, Shirley, Chair A Jones, Lou
Y Bost, Spkpn Y Krause
Y Cowlishaw (Tenhouse) Y Leitch
A Davis, Monique Y Moore, Andrea
Y Davis, Steve Y Morrow, Vice-Chair
Y Murphy
Representative Scott, Chairperson, from the Committee on Urban
Revitalization to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1877.
The committee roll call vote on Amendment No. 1 to House Bill
1877 is as follows:
10, Yeas; 3, Nays; 2, Answering Present.
Y Scott, Chair N McCarthy, Vice-Chair
Y Bassi Y McKeon
Y Dart P O'Connor
Y Garrett N Parke
Y Harris Y Slone
P Mathias, Spkpn Y Winters
Y McAuliffe Y Younge
N Zickus
820 JOURNAL OF THE [March 11, 1999]
CHANGE OF SPONSORSHIP
Representative McCarthy asked and obtained unanimous consent to
be removed as chief sponsor and Representative Sharp asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1207.
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 passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 242
A bill for AN ACT to amend the Condominium Property Act by
changing Sections 18.2 and 18.5.
SENATE BILL NO. 248
A bill for AN ACT concerning breast and cervical cancer.
SENATE BILL NO. 252
A bill for AN ACT to amend certain Acts in relation to workplace
injuries and diseases.
SENATE BILL NO. 254
A bill for AN ACT to amend the Condominium Property Act by
changing Section 18.4.
SENATE BILL NO. 288
A bill for AN ACT to amend the Illinois Dental Practice Act by
changing Sections 23 and 25.
SENATE BILL NO. 289
A bill for AN ACT to amend the Probate Act of 1975 by changing
Section 11a-17.
SENATE BILL NO. 290
A bill for AN ACT to amend the Unemployment Insurance Act by
changing Sections 235 and 401.
SENATE BILL NO. 294
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 1-10.
SENATE BILL NO. 315
A bill for AN ACT to amend the Counties Code by changing Section
3-3013.
SENATE BILL NO. 351
A bill for AN ACT to amend the Intergovernmental Cooperation Act
by changing Section 3.
SENATE BILL NO. 354
A bill for AN ACT to amend the Motor Fuel Tax Law by changing
Sections 1.2 and 1.14.
SENATE BILL NO. 392
HOUSE OF REPRESENTATIVES 821
A bill for AN ACT relating to charitable organizations and
activities, amending named Acts.
SENATE BILL NO. 393
A bill for AN ACT to amend the Illinois Controlled Substances Act
by changing Section 407.
SENATE BILL NO. 396
A bill for AN ACT to amend the Sex Offender Management Board Act
by changing Section 15.
SENATE BILL NO. 398
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-8-4.
SENATE BILL NO. 401
A bill for AN ACT concerning objections to a court's jurisdiction
over the person, amending named Acts.
SENATE BILL NO. 404
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-9 and 26-1.
Passed by the Senate, March 11, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 242, 248, 252, 254, 288, 289,
290, 294, 315, 351, 354, 392, 393, 396, 398, 401 and 404
were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 405
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-12.
SENATE BILL NO. 415
A bill for AN ACT to amend the Unemployment Insurance Act by
adding Section 232.2.
SENATE BILL NO. 441
A bill for AN ACT to amend the Public Community College Act by
changing Section 3B-3.
SENATE BILL NO. 447
A bill for AN ACT to amend the Illinois Banking Act by changing
Section 48.3.
SENATE BILL NO. 448
A bill for AN ACT to amend the Historic Preservation Agency Act
by changing Section 16.
SENATE BILL NO. 451
A bill for AN ACT to amend the Property Tax Code by changing
Section 18-250.
822 JOURNAL OF THE [March 11, 1999]
SENATE BILL NO. 452
A bill for AN ACT to amend the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 by changing Section 80.
SENATE BILL NO. 459
A bill for AN ACT to amend the Code of Civil Procedure by
changing Section 2-604.
SENATE BILL NO. 461
A bill for AN ACT to amend the Illinois Savings and Loan Act of
1985 by changing Section 4-6.
SENATE BILL NO. 466
A bill for AN ACT to amend the Civil Administrative Code of
Illinois by adding Section 55.91.
SENATE BILL NO. 474
A bill for AN ACT concerning the sale of hunting and fishing
licenses.
SENATE BILL NO. 485
A bill for AN ACT to amend the County Jail Good Behavior
Allowance Act by changing Section 3.
SENATE BILL NO. 504
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-3.2.
SENATE BILL NO. 536
A bill for AN ACT in relation to the establishment of a county
university center.
SENATE BILL NO. 542
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-18.
Passed by the Senate, March 11, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 405, 415, 441, 447, 448, 451,
452, 459, 461, 466, 474, 485, 504, 536 and 542 were ordered
printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 537
A bill for AN ACT to amend the Counties Code by changing Section
1-2002.
SENATE BILL NO. 549
A bill for AN ACT to amend the School Code by changing Section
34-74.
SENATE BILL NO. 565
A bill for AN ACT to amend the Limited Liability Company Act by
HOUSE OF REPRESENTATIVES 823
changing Sections 1-20, 1-35, 35-25, 35-70, 45-35, 50-1, and 50-15
and repealing Section 50-30.
SENATE BILL NO. 570
A bill for AN ACT to amend the Counties Code by changing Sections
4-2001, 4-2003, and 4-3001.
SENATE BILL NO. 572
A bill for AN ACT in relation to laser pointers.
SENATE BILL NO. 643
A bill for AN ACT to amend the Unified Code of Corrections by
changing Sections 5-5-6 and 5-6-2.
SENATE BILL NO. 659
A bill for AN ACT regarding telecommunications taxes, amending
named Acts.
SENATE BILL NO. 665
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Section 203.
SENATE BILL NO. 678
A bill for AN ACT to amend the Grain Code by changing Sections
1-10, 1-15, 5-30, 10-10, 10-15, 10-25, 25-10, 25-20, and 30-5.
SENATE BILL NO. 725
A bill for AN Act concerning aquaculture.
SENATE BILL NO. 730
A bill for AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 2-18.
SENATE BILL NO. 731
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 17B-0.05 and re-enacting the heading of Article 17B and
Sections 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25, and 17B-30.
SENATE BILL NO. 740
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 11-501.
SENATE BILL NO. 741
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Sections 11-1425, 18c-7502, and 18c-7503.
SENATE BILL NO. 746
A bill for AN ACT to revise the law by combining multiple
enactments and making technical corrections.
SENATE BILL NO. 751
A bill for AN ACT to amend the Fence Act.
SENATE BILL NO. 762
A bill for AN ACT to amend the Health Care Arbitration Act by
changing Section 9.
Passed by the Senate, March 11, 1999.
Jim Harry, Secretary of the Senate
824 JOURNAL OF THE [March 11, 1999]
The foregoing SENATE BILLS 537, 549, 565, 570, 572, 643,
659, 665, 678, 725, 730, 731, 740, 741, 746, 751 and 762
were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 770
A bill for AN ACT regarding forestry development and assistance.
SENATE BILL NO. 804
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 10-4-2.
SENATE BILL NO. 879
A bill for AN ACT to amend the Unemployment Insurance Act by
changing Sections 1506.1 and 1506.3.
SENATE BILL NO. 932
A bill for AN ACT to amend the Bond Issue Notification Act by
changing Sections 10, 15, and 30.
Passed by the Senate, March 11, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 770, 804, 879 and 932 were ordered
printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the following Senate
Joint Resolution, in the adoption of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE JOINT RESOLUTION NO. 23
RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF
THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING
HEREIN, that when the Senate adjourns on Thursday, March 11, 1999, it
stands adjourned until Tuesday, March 16, 1999, at 12:00 o'clock
noon; and when the House of Representatives adjourns on Friday, March
12, 1999, it stands adjourned until Tuesday, March 16, 1999, at 1:00
o'clock p.m.
Adopted by the Senate, March 11, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their adoption of
SENATE JOINT RESOLUTION 23 was placed on the Calendar on the order of
Resolutions.
HOUSE BILLS ON SECOND READING
HOUSE OF REPRESENTATIVES 825
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading: HOUSE
BILLS 70, 111, 814, 1137, 1516, 1746, 2101 and 2243.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Brosnahan, HOUSE BILL 1079 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:
111, Yeas; 4, Nays; 1, Answering Present.
(ROLL CALL 2)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Fowler, HOUSE BILL 1900 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Scully, HOUSE BILL 2836 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:
73, Yeas; 40, Nays; 4, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Franks, HOUSE BILL 2698 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:
111, Yeas; 3, Nays; 1, Answering Present.
(ROLL CALL 5)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hartke, HOUSE BILL 1681 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.
826 JOURNAL OF THE [March 11, 1999]
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative McCarthy, HOUSE BILL 1622 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:
105, Yeas; 8, Nays; 4, 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 and ask their
concurrence.
On motion of Representative Tim Johnson, HOUSE BILL 154 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:
111, Yeas; 4, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Sharp, HOUSE BILL 157 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 2, Nays; 0, Answering Present.
(ROLL CALL 9)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Bugielski, HOUSE BILL 1915 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:
64, Yeas; 48, Nays; 4, Answering Present.
(ROLL CALL 10)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Moffitt, HOUSE
BILL 1805 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Delgado, HOUSE
BILL 1878 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Kenner, HOUSE
HOUSE OF REPRESENTATIVES 827
BILL 2042 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Brady, HOUSE
BILL 1687 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Bradley, HOUSE
BILL 2262 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Lang, HOUSE
BILL 279 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Howard, HOUSE BILL 1648 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 1, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Lopez, HOUSE BILL 1823 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:
102, Yeas; 13, Nays; 1, Answering Present.
(ROLL CALL 12)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative McGuire, HOUSE BILL 1833 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:
106, Yeas; 8, Nays; 2, Answering Present.
(ROLL CALL 13)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative O'Brien, HOUSE BILL 2256 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:
107, Yeas; 8, Nays; 1, Answering Present.
828 JOURNAL OF THE [March 11, 1999]
(ROLL CALL 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 287. Having been printed, was taken up and read by
title a second time.
Representative Tenhouse offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 287
AMENDMENT NO. 1. Amend House Bill 287 by replacing the title
with the following:
"AN ACT to amend the Public Utilities Act by adding Section
13-301.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by adding
Section 13-301.5 as follows:
(220 ILCS 5/13-301.5 new)
Sec. 13-301.5. Affordable Rural Telecommunications Service
Program Design Group.
(a) The Affordable Rural Telecommunications Service Program
Design Group is established to advise the General Assembly and to
investigate the necessity and feasibility of creating a fund from
which telecommunications carriers offering or providing local
exchange telecommunications service may receive compensation to
mitigate the price impact on customers resulting from the high or
rising cost of providing that service. The Program Design Group
shall report its findings and recommendations to the General Assembly
by January 1, 2001.
(b) The Governor shall appoint the chairperson and 6 additional
members of the Affordable Rural Telecommunications Service Program
Design Group. The members appointed by the Governor shall include a
representative of the Illinois Commerce Commission and
representatives of telecommunications carriers.
(c) The Program Design Group shall gather pertinent economic
information and formulate recommendations consistent with the
policies established in subsection (a) of Section 13-102 and
subsection (a) of Section 13-103.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 710. Having been read by title a second time on March
9, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Lang offered the following amendment and moved its
adoption:
HOUSE OF REPRESENTATIVES 829
AMENDMENT NO. 1 TO HOUSE BILL 710
AMENDMENT NO. 1. Amend House Bill 710 on page 1, line 17, after
"made", by inserting ", excluding annual State contributions to the
Teachers' Retirement System of the State of Illinois, the Public
School Teachers' Pension and Retirement Fund of Chicago, and the
State Universities Retirement System".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 131. Having been recalled on February 24, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Black offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 131
AMENDMENT NO. 2. Amend House Bill 131 as follows:
on page 3, line 13, by replacing "consolidating" with "reorganizing";
and
on page 3, line 28, after "10", by inserting "and shall be set by the
agreement entered into by the participating districts"; and
on page 5, by replacing lines 16 through 26 with the following:
"(g) Upon formation of the cooperative high school, the school
board of each participating district shall:
(1) confer and coordinate with each other and the governing
board, if the governing board is then in existence, as to
staffing needs for the cooperative high school;
(2) in consultation with any exclusive employee
representatives and the governing board, if the governing board
is then in existence, establish a combined list of teachers in
all participating districts, categorized by positions, showing
the length of service and the contractual continued service
status, if any, of each teacher in each participating district
who is qualified to hold any such positions at the cooperative
high school, and then distribute this list to the exclusive
employee representatives on or before February 1 of the school
year prior to the commencement of the operation of the
cooperative high school or within 30 days after the date of the
referendum election if the proposition receives a majority of
those voting in each district, whichever occurs first. This list
is in addition to and not a substitute for the list mandated by
Section 24-12 of this Code; and
(3) transfer to the governing board of the cooperative high
school the employment and the position of so many of the
full-time or part-time high school teachers employed by a
participating district as are jointly determined by the school
boards of the participating districts and the governing board,
if the governing board is then in existence, to be needed at the
cooperative high school, provided that these teacher transfers
shall be done:
(A) by categories listed on the seniority list
mentioned in subdivision (2) of this subsection (g);
(B) in each category, by having teachers in
contractual continued service being transferred before any
830 JOURNAL OF THE [March 11, 1999]
teachers who are not in contractual continued service; and
(C) in order from greatest seniority first through
lesser amounts of seniority.
A teacher who is not in contractual continued service shall not
be transferred if there is a teacher in contractual continued service
in the same category who is qualified to hold the position that is to
be filled.
If there are more teachers who have entered upon contractual
continued service than there are available positions at the
cooperative high school or within other assignments in the district,
a school board shall first remove or dismiss all teachers who have
not entered upon contractual continued service before removing or
dismissing any teacher who has entered upon contractual continued
service and who is legally qualified (i) to hold a position at the
cooperative high school planned to be held by a teacher who has not
entered upon contractual continued service or (ii) to hold another
position in the participating district. As between teachers who have
entered upon contractual continued service, the teacher or teachers
with the shorter length of continuing service in any of the
participating districts shall be dismissed first. Any teacher
dismissed as a result of such a decrease shall be paid all earned
compensation on or before the third business day following the last
day of pupil attendance in the regular school term. If the school
board that has dismissed a teacher or the governing board has any
vacancies for the following school term or within one calendar year
from the beginning of the following school term, the positions
thereby becoming available shall be tendered to the teachers so
removed or dismissed so far as they are legally qualified to hold
such positions. However, if the number of honorable dismissal
notices in all participating districts exceeds 15% of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school
year in all participating districts and if the school board that has
dismissed a teacher or the governing board has any vacancies for the
following school term or within 2 calendar years from the beginning
of the following school term, the positions so becoming available
shall be tendered to the teachers who were so notified, removed, or
dismissed whenever these teachers are legally qualified to hold such
positions."; and
on page 5, line 27, by deleting "having contractual continued
service"; and
on page 6, by replacing line 1 with the following:
"from which the position and the teacher's employment were
transferred. The time spent in employment with a participating
district by any teacher who has not yet entered upon contractual
continued service and who is transferred to the governing board is
not lost when computing the time necessary for the teacher to enter
upon contractual continued service, and the governing board is
subject to this Code with respect to the teacher in the same manner
as if the teacher had been the governing board's employee during the
time the teacher was actually employed by the school board from which
the position and the teacher's employment were transferred."; and
on page 6, line 5, after "apply.", by inserting "In that case, a
district is subject to this Code in the same manner as if the teacher
transferred back had been continuously in the service of the
receiving district."; and
on page 6, immediately below line 14, by inserting the following:
"(h) Upon formation of the cooperative high school, the school
board of each participating district shall:
(1) confer and coordinate with each other and the governing
board, if the governing board is then in existence, as to needs
HOUSE OF REPRESENTATIVES 831
for educational support personnel for the cooperative high
school;
(2) in consultation with any exclusive employee
representative or bargaining agent and the governing board, if
the governing board is then in existence, establish a combined
list of educational support personnel in participating districts,
categorized by positions, showing the length of continuing
service of each full-time educational support personnel employee
who is qualified to hold any such position at the cooperative
high school, and then distribute this list to the exclusive
employee representative or bargaining agent on or before February
1 of the school year prior to the commencement of the operation
of the cooperative high school or within 30 days after the date
of the referendum election if the proposition receives a majority
of those voting in each district, whichever occurs first; and
(3) transfer to the governing board of the cooperative high
school the employment and the positions of so many of the
full-time educational support personnel employees employed by a
participating district as are jointly determined by the school
boards of the participating districts and the governing board, if
the governing board is then in existence, to be needed at the
cooperative high school, provided that the full-time educational
personnel employee transfers shall be done by categories on the
seniority list mentioned in subdivision (2) of this subsection
(h) and done in order from greatest seniority first through
lesser amounts of seniority.
If there are more full-time educational support personnel
employees than there are available positions at the cooperative high
school or in the participating district, a school board shall first
remove or dismiss those educational support personnel employees with
the shorter length of continuing service in any of the participating
districts, within the respective category of position. The governing
board is subject to this Code with respect to the educational support
personnel employee as if the educational support personnel employee
had been the governing board's employee during the time the
educational support personnel employee was actually employed by the
school board of the district from which the employment and position
were transferred. Any educational support personnel employee
dismissed as a result of such a decrease shall be paid all earned
compensation on or before the third business day following his or her
last day of employment. If the school board that has dismissed the
educational support personnel employee or the governing board has any
vacancies for the following school term or within one calendar year
from the beginning of the following school term, the positions
thereby becoming available within a specific category of position
shall be tendered to the employees so removed or dismissed from that
category of position so far as they are legally qualified to hold
such positions. If the cooperative high school is dissolved, any
educational support personnel employee who was transferred from a
participating district shall be transferred back to the district and
Section 10-23.5 of this Code shall apply. In that case, a district
is subject to this Code in the same manner as if the educational
support personnel employee transferred back had been continuously in
the service of the receiving district.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
832 JOURNAL OF THE [March 11, 1999]
HOUSE BILL 130. Having been recalled on February 19, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Black offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 130
AMENDMENT NO. 1. Amend House Bill 130, on page 1, line 18 ,
after "or", by inserting the following:
", if authorized by the school board and supervised by the school
district,; and
on page 1, line 26, after the period, by inserting the following:
"A school board that authorizes a second division vehicle to
transport students enrolled in grade 12 or below for an agrarian
related school activity shall accept liability for any injury or
damage resulting from the transportation of the students.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 497. Having been printed, was taken up and read by
title a second time.
Representative Hamos offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 497
AMENDMENT NO. 1. Amend House Bill 497 on page 2, line 28, after
"industry", by inserting "or a vocational and educational program, or
both,".
The motion prevailed and the amendment was adopted and ordered
printed.
Floor Amendment No. 2 remained in the Committee on Rules.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2104. 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 HOUSE BILL 2104
AMENDMENT NO. 1. Amend House Bill 2104 by replacing the title
with the following:
"AN ACT concerning property."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Conveyances Act is amended by adding Section 38c
as follows:
(765 ILCS 5/38c new)
HOUSE OF REPRESENTATIVES 833
Sec. 38c. Townhome declarations.
(a) The declarations of a noncondominium townhome instrument
concerning common interest property must provide that maintenance
assessments for a townhome must be consistent with the following
factors, when considered together: (i) the square footage of the
townhome in relation to the square footage of other townhomes in the
common interest property community, (ii) the equalized assessed value
of the townhome in relation to the equalized assessed value of the
other townhomes in the common interest property community, and (iii)
the special assessments of the townhome for insurance premiums in
relation to those special assessments for other townhomes in the
common interest property community.
(b) For the purposes of this Section:
"Common interest property" means real estate with respect to
which any person by virtue of his or her ownership of a partial
interest or unit in the property is obligated to pay for maintenance,
improvement, insurance premiums, or real estate taxes of other real
estate described in a declaration that is administered by an
association.
"Noncondominium townhome" means a common interest property
community that is not established under the Condominium Property
Act.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 596. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Children & Youth, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 596
AMENDMENT NO. 1. Amend House Bill 596 on page 1, line 14, after
"associations," by inserting the following: "audiologists, health
insurance plans, hearing-impaired persons, parents of
hearing-impaired children,"; and
on page 1, line 18, by changing "a" to "a tracking and"; and
on page 1, by replacing line 28 with the following:
"(e) Develop educational and informational materials for
hospital personnel, health care professionals, and parents on
appropriate follow-up procedures for infants failing hospital-based
screening.
(f) Monitor any reports made available to the State with" and
on page 1, line 30, by replacing "(f)" with "(g)"; and
on page 2, immediately below line 2, by inserting the following:
"(h) Review administrative rules and make recommendations to the
Department regarding such rules.
Section 15. Objections to test. The provisions of this Act
shall not apply when the parent or guardian of the newborn infant
objects to hearing screening on the grounds that the screening
conflicts with his or her religious beliefs and practices. A written
statement of the objection shall be presented to the physician or
other person whose duty it is to administer and report the screening
under the provisions of this Act.
Section 20. Rules. The Department of Human Services shall
promulgate rules necessary to implement this Act.".
AMENDMENT NO. 2 TO HOUSE BILL 596
834 JOURNAL OF THE [March 11, 1999]
AMENDMENT NO. 2. Amend House Bill 596 on page 1, line 10, after
"Department", by inserting "of Human Services".
Representative Hamos offered the following amendments and moved
their adoption:
AMENDMENT NO. 3 TO HOUSE BILL 596
AMENDMENT NO. 3. Amend House Bill 596, AS AMENDED, by replacing
Section 5 with the following:
"Section 5. Mandatory hearing screening. By December 31, 2002,
all hospitals performing deliveries shall conduct hearing screening
of all newborn infants prior to discharge.
Section 10. Reports to Department of Public Health. Hospitals
shall report information about each child with a positive hearing
screening result to the Illinois Department of Public Health.
Section 15. Department of Public Health to maintain registry of
cases. The Illinois Department of Public Health shall maintain a
registry of cases of positive hearing screening results, including
information needed for the purpose of follow-up services."; and
by renumbering Section 10 as Section 20; and
by renumbering Section 15 as Section 25; and
by renumbering Section 20 as Section 30.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Giglio, HOUSE BILL 442 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
69, Yeas; 45, Nays; 1, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
AGREED BILL LIST
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading: HOUSE
BILLS 62, 238, 249, 477, 478, 524, 574, 579, 812, 813, 832, 839, 841,
852, 855, 873, 914, 940, 1097, 1099, 1102, 1110, 1146, 1151, 1164,
1175, 1195, 1198, 1278, 1291, 1306, 1307, 1308, 1317, 1321, 1324,
1353, 1355, 1366, 1392, 1402, 1403, 1405, 1407, 1416, 1417, 1432,
1435, 1469, 1501, 1502, 1514, 1541, 1565, 1617, 1645, 1657, 1673,
HOUSE OF REPRESENTATIVES 835
1678, 1693, 1694, 1759, 1769, 1786, 1806, 1816, 1817, 1824, 1860,
1868, 1871, 1931, 1942, 1960, 1978, 1991, 2005, 2013, 2026, 2037,
2091, 2109, 2169, 2177, 2196, 2219, 2257, 2264, 2287, 2293, 2306,
2310, 2330, 2344, 2346, 2349, 2352, 2502, 2589, 2629, 2630, 2641,
2711, 2727, 2732, 2741, 2753, 2767, 2775, 2784, 2791, 2842, 2843,
2844 and 2855.
HOUSE BILL 4. Having been printed, was taken up and read by title
a second time.
The following amendment was offered in the Committee on Tobacco
Settlement Proceeds Distribution, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 4
AMENDMENT NO. 1. Amend House Bill 4 as follows:
by replacing the title with the following:
"AN ACT concerning tobacco product manufacturers."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Tobacco
Product Manufacturers Settlement Act.
Section 5. Findings and purpose.
(a) Cigarette smoking presents serious public health concerns to
the State and to the citizens of the State. The Surgeon General has
determined that smoking causes lung cancer, heart disease and other
serious diseases, and that there are hundreds of thousands of
tobacco-related deaths in the United States each year. These diseases
most often do not appear until many years after the person in
question begins smoking.
(b) Cigarette smoking also presents serious financial concerns
for the State. Under certain health-care programs, the State may
have a legal obligation to provide medical assistance to eligible
persons for health conditions associated with cigarette smoking, and
those persons may have a legal entitlement to receive such medical
assistance.
(c) Under these programs, the State pays millions of dollars each
year to provide medical assistance for these persons for health
conditions associated with cigarette smoking.
(d) It is the policy of the State that financial burdens imposed
on the State by cigarette smoking be borne by tobacco product
manufacturers rather than by the State to the extent that such
manufacturers either determine to enter into a settlement with the
State or are found culpable by the courts.
(e) On November 23, 1998, leading United States tobacco product
manufacturers entered into a settlement agreement, entitled the
"Master Settlement Agreement", with the State. The Master Settlement
Agreement obligates these manufacturers, in return for a release of
past, present and certain future claims against them as described
therein, to pay substantial sums to the State (tied in part to their
volume of sales); to fund a national foundation devoted to the
interests of public health; and to make substantial changes in their
advertising and marketing practices and corporate culture, with the
intention of reducing underage smoking.
(f) It would be contrary to the policy of the State if tobacco
product manufacturers who determine not to enter into such a
settlement could use a resulting cost advantage to derive large,
short-term profits in the years before liability may arise without
ensuring that the State will have an eventual source of recovery from
them if they are proven to have acted culpably. It is thus in the
interest of the State to require that such manufacturers establish a
reserve fund to guarantee a source of compensation and to prevent
836 JOURNAL OF THE [March 11, 1999]
such manufacturers from deriving large, short-term profits and then
becoming judgment-proof before liability may arise.
Section 10. Definitions. In this Act:
(a) "Adjusted for inflation" means increased in accordance with
the formula for inflation adjustment set forth in Exhibit C to the
Master Settlement Agreement.
(b) "Affiliate" means a person who directly or indirectly owns or
controls, is owned or controlled by, or is under common ownership or
control with, another person. Solely for purposes of this definition,
the terms "owns", "is owned" and "ownership" mean ownership of an
equity interest, or the equivalent thereof, of 10% or more, and the
term "person" means an individual, partnership, committee,
association, corporation or any other organization or group of
persons.
(c) "Allocable share" means "allocable share" as that term is
defined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine, is
intended to be burned or heated under ordinary conditions of use,
and consists of or contains (1) any roll of tobacco wrapped in paper
or in any substance not containing tobacco; or (2) tobacco, in any
form, that is functional in the product, which, because of its
appearance, the type of tobacco used in the filler, or its packaging
and labeling, is likely to be offered to, or purchased by, consumers
as a cigarette; or (3) any roll of tobacco wrapped in any substance
containing tobacco which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette
described in clause (1) of this definition. The term "cigarette"
includes "roll-your-own" (i.e., any tobacco which, because of its
appearance, type, packaging, or labeling, is suitable for use and
likely to be offered to, or purchased by, consumers as tobacco for
making cigarettes). For purposes of this definition of "cigarette",
0.09 ounces of "roll-your-own" tobacco shall constitute one
individual "cigarette".
(e) "Master Settlement Agreement" means the settlement agreement
(and related documents) entered into on November 23, 1998 by the
State and leading United States tobacco product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement with a
federally or State chartered financial institution having no
affiliation with any tobacco product manufacturer and having assets
of at least $1,000,000,000 where such arrangement requires that such
financial institution hold the escrowed funds' principal for the
benefit of releasing parties and prohibits the tobacco product
manufacturer placing the funds into escrow from using, accessing or
directing the use of the funds' principal except as consistent with
subdivision (b)(2) of Section 15 of this Act.
(g) "Released claims" means "released claims" as that term is
defined in the Master Settlement Agreement.
(h) "Releasing parties" means "releasing parties" as that term is
defined in the Master Settlement Agreement.
(i) "Tobacco product manufacturer" means an entity that after the
effective date of this Act directly (and not exclusively through any
affiliate):
(1) manufactures cigarettes anywhere that such manufacturer
intends to be sold in the United States, including cigarettes
intended to be sold in the United States through an importer
(except where such importer is an original participating
manufacturer (as that term is defined in the Master Settlement
Agreement) that will be responsible for the payments under the
Master Settlement Agreement with respect to such cigarettes as a
result of the provisions of subsection II(mm) of the Master
HOUSE OF REPRESENTATIVES 837
Settlement Agreement and that pays the taxes specified in
subsection II(z) of the Master Settlement Agreement, and provided
that the manufacturer of such cigarettes does not market or
advertise such cigarettes in the United States);
(2) is the first purchaser anywhere for resale in the United
States of cigarettes manufactured anywhere that the manufacturer
does not intend to be sold in the United States; or
(3) becomes a successor of an entity described in paragraph
(1) or (2).
The term "tobacco product manufacturer" shall not include an
affiliate of a tobacco product manufacturer unless such affiliate
itself falls within any of paragraphs (1) through (3) of this
definition.
(j) "Units sold" means the number of individual cigarettes sold
in the State by the applicable tobacco product manufacturer (whether
directly or through a distributor, retailer or similar intermediary
or intermediaries) during the year in question, as measured by excise
taxes collected by the State on packs (or "roll-your-own" tobacco
containers) bearing the excise tax stamp of the State. The Department
of Revenue shall promulgate such regulations as are necessary to
ascertain the amount of State excise tax paid on the cigarettes of
such tobacco product manufacturer for each year.
Section 15. Requirements. Any tobacco product manufacturer
selling cigarettes to consumers within the State (whether directly or
through a distributor, retailer or similar intermediary or
intermediaries) after the date of enactment of this Act shall do one
of the following:
(a) become a participating manufacturer (as that term is defined
in section II(jj) of the Master Settlement Agreement) and generally
perform its financial obligations under the Master Settlement
Agreement; or
(b) (1) place into a qualified escrow fund by April 15 of the
year following the year in question the following amounts (as
such amounts are adjusted for inflation):
1999: $.0094241 per unit sold after the effective date of
this Act;
2000: $.0104712 per unit sold after the effective date of
this Act;
for each of 2001 and 2002: $.0136125 per unit sold after the
effective date of this Act;
for each of 2003 through 2006: $.0167539 per unit sold after
the effective date of this Act;
for each of 2007 and each year thereafter: $.0188482 per
unit sold after the effective date of this Act.
(2) A tobacco product manufacturer that places funds into
escrow pursuant to paragraph (1) shall receive the interest or
other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following
circumstances:
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this
subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary
to make payments required under such judgment or settlement;
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow in a particular year was greater than the State's
allocable share of the total payments that such manufacturer
would have been required to make in that year under the
838 JOURNAL OF THE [March 11, 1999]
Master Settlement Agreement (as determined pursuant to
section IX(i)(2) of the Master Settlement Agreement, and
before any of the adjustments or offsets described in
section IX(i)(3) of that Agreement other than the Inflation
Adjustment) had it been a participating manufacturer, the
excess shall be released from escrow and revert back to such
tobacco product manufacturer; or
(C) to the extent not released from escrow under
subparagraph (A) or (B), funds shall be released from
escrow and revert back to such tobacco product manufacturer
25 years after the date on which they were placed into
escrow.
(3) Each tobacco product manufacturer that elects to place
funds into escrow pursuant to this subsection shall annually
certify to the Attorney General that it is in compliance with
this subsection. The Attorney General may bring a civil action on
behalf of the State against any tobacco product manufacturer that
fails to place into escrow the funds required under this Section.
Any tobacco product manufacturer that fails in any year to place
into escrow the funds required under this Section shall:
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this Section.
The court, upon a finding of a violation of this
subsection, may impose a civil penalty to be paid to the
General Revenue Fund in an amount not to exceed 5% of the
amount improperly withheld from escrow per day of the
violation and in a total amount not to exceed 100% of the
original amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required
within 15 days to place such funds into escrow as shall
bring it into compliance with this Section. The court, upon
a finding of a knowing violation of this subsection, may
impose a civil penalty to be paid to the General Revenue
Fund in an amount not to exceed 15% of the amount improperly
withheld from escrow per day of the violation and in a
total amount not to exceed 300% of the original amount
improperly withheld from escrow; and
(C) in the case of a second knowing violation, be
prohibited from selling cigarettes to consumers within the
State (whether directly or through a distributor, retailer
or similar intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under this
Section shall constitute a separate violation.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 22. 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 HOUSE BILL 22
AMENDMENT NO. 1. Amend House Bill 22 on page 1, line 2, by
deleting "and adding Section 12-6.4"; and
on page 1, line 6, by deleting "and adding Section 12-6.4"; and
HOUSE OF REPRESENTATIVES 839
on page 5, by deleting line 32; and
by deleting all of page 6.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 153. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 153
AMENDMENT NO. 1. Amend House Bill 153 on page 1, by replacing
lines 26 and 27 with the following:
"Section 15. The Cemetery Care Act is amended by adding Section
25 as follows:
(760 ILCS 100/25 new)
Sec. 25. Use of care funds. When a township or multi-township
cemetery district takes over a cemetery or cemetery authority, the
care fund and care fund expenditures continue to be subject to the
provisions of this Act, and the township or multi-township cemetery
district must continue to use the care fund exclusively for the care
and maintenance of the cemetery in accordance with this Act."; and
by deleting all of page 2.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 376. Having been recalled on February 24, 1999 and
held on the order of Second Reading, the same was again taken up.
Floor Amendment No. 2 remained in the Committee on Rules.
There being no further amendments, the bill was again advanced to
the order of Third Reading.
HOUSE BILL 521. 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 HOUSE BILL 521
AMENDMENT NO. 1. Amend House Bill 521 on page 2, lines 14 and
15, by deleting "as identified in the building permit issued for the
improvement"; and
on page 2, lines 23 and 24, by deleting "as identified in the
building permit issued for the improvement"; and
on page 2, lines 32 and 33, by deleting "as identified in the
building permit issued for the improvement"; and
on page 3, lines 27 and 28, by deleting "as identified in the
building permit issued for the improvement".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
840 JOURNAL OF THE [March 11, 1999]
HOUSE BILL 613. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Public
Utilities, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 613
AMENDMENT NO. 1. Amend House Bill 613 by replacing the title
with the following:
"AN ACT to amend the Public Utilities Act by changing Sections
5-104, 6-102, 13-301, 13-506.1, and 13-507 and adding Section
10-114."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Sections 5-104, 6-102, 13-301, 13-506.1, and 13-507 and adding
Section 10-114 as follows:
(220 ILCS 5/5-104) (from Ch. 111 2/3, par. 5-104)
Sec. 5-104. Depreciation accounts.
(a) The Commission shall have power, after hearing, to require
any or all public utilities, except electric public utilities and
telecommunications carriers as defined by Section 13-202 of this Act,
to keep such accounts as will adequately reflect depreciation,
obsolescence and the progress of the arts. The Commission may, from
time to time, ascertain and determine and by order fix the proper and
adequate rate of depreciation of the several classes of property for
each public utility; and each public utility shall conform its
depreciation accounts to the rates so ascertained, determined and
fixed.
(b) The Commission shall have the power, after hearing, to
require any or all electric public utilities and telecommunications
carriers to keep such accounts as will adequately reflect
depreciation, obsolescence, and the progress of the arts. The
Commission may, from time to time, ascertain and determine and by
order fix the proper and adequate rate of depreciation of the several
classes of property for an each electric public utility and a
telecommunications carrier; and each electric public utility and
telecommunications carrier shall thereafter, absent further order of
the Commission, conform its depreciation accounts to the rates so
ascertained, determined and fixed until at least the end of the first
full calendar year following the date of such determination.
(c) An electric public utility or a telecommunications carrier
may from time to time alter the annual rates of depreciation, which
for purposes of this subsection (c) and subsection (d) shall include
amortization, that it applies to its several classes of assets so
long as the rates are consistent with generally accepted accounting
principles. The electric public utility or telecommunications
carrier shall file a statement with the Commission which shall set
forth the new rates of depreciation and which shall contain a
certification by an independent certified public accountant that the
new rates of depreciation are consistent with generally accepted
accounting principles. Upon the filing of such statement, the new
rates of depreciation shall be deemed to be approved by the
Commission as the rates of depreciation to be applied thereafter by
the electric public utility or telecommunications carrier as though
an order had been entered pursuant to subsection (b).
(d) In any proceeding conducted pursuant to Section 9-201 or
9-202 to set an electric public utility's or telecommunications
carrier's rates for service, the Commission may determine not to use,
in determining the depreciation expense component of the public
utility's or telecommunications carrier's rates for service, the
HOUSE OF REPRESENTATIVES 841
rates of depreciation established pursuant to subsection (c), if the
Commission in that proceeding finds based on the record that
different rates of depreciation are required to adequately reflect
depreciation, obsolescence and the progress of the arts, and fixes by
order and uses for purposes of that proceeding new rates of
depreciation to be thereafter employed by the electric public utility
or telecommunications carrier until the end of the first full
calendar year following the date of the determination and thereafter
until altered in accordance with subsection (b) or (c) of this
Section.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102)
Sec. 6-102. Authorization of issues of stock.
(a) Subject to the provisions of this Act and of the order of
the Commission issued as provided in this Act, a public utility may
issue stocks and stock certificates, and bonds, notes and other
evidences of indebtedness payable at periods of more than 12 months
after the date thereof for any lawful purpose. However, such public
utility shall first have secured from the Commission an order
authorizing such issue and stating the amount thereof and the purpose
or purposes to which the issue or the proceeds thereof are to be
applied, and that in the opinion of the Commission, the money,
property or labor to be procured or paid for by such issue is
reasonably required for the purpose or purposes specified in the
order.
(b) The provisions of this subsection (b) shall apply only to
(1) any issuances of stock in a cumulative amount, exclusive of any
issuances referred to in item (3), that are 10% or more in a calendar
year or 20% or more in a 24-month period of the total common
stockholders' equity or of the total amount of preferred stock
outstanding, as the case may be, of the public utility, and (2) to
any issuances of bonds, notes or other evidences of indebtedness in a
cumulative principal amount, exclusive of any issuances referred to
in item (3), that are 10% or more in a calendar year or 20% or more
in a 24-month period of the aggregate principal amount of bonds,
notes and other evidences of indebtedness of the public utility
outstanding, all as of the date of the issuance, but shall not apply
to (3) any issuances of stock or of bonds, notes or other evidences
of indebtedness 90% or more of the proceeds of which are to be used
by the public utility for purposes of refunding, redeeming or
refinancing outstanding issues of stock, bonds, notes or other
evidences of indebtedness. To enable it to determine whether it will
issue the order required by subsection (a) of this Section, the
Commission may hold a hearing and may make such additional inquiry or
investigation, and examine such witnesses, books, papers, accounts,
documents and contracts and require the filing of such data as it may
deem of assistance. The public utility may be required by the
Commission to disclose every interest of the directors of such public
utility in any transaction under investigation. The Commission shall
have power to investigate all such transactions and to inquire into
the good faith thereof, to examine books, papers, accounts, documents
and contracts of public utilities, construction or other companies or
of firms or individuals with whom the public utility shall have had
financial transactions, for the purpose of enabling it to verify any
statements furnished, and to examine into the actual value of
property acquired by or services rendered to such public utility.
Before issuing its order, the Commission, when it is deemed necessary
by the Commission, shall make an adequate physical valuation of all
property of the public utility, but a valuation already made under
proper public supervision may be adopted, either in whole or in part,
at the discretion of the Commission; and shall also examine all
842 JOURNAL OF THE [March 11, 1999]
previously authorized or outstanding securities of the public
utility, and fixed charges attached thereto. A statement of the
results of such physical valuation, and a statement of the character
of all outstanding securities, together with the conditions under
which they are held, shall be included in the order. The Commission
may require that such information or such part thereof as it thinks
proper, shall appear upon the stock, stock certificate, bond, note or
other evidence of indebtedness authorized by its order. The
Commission may by its order grant permission for the issue of such
stock certificates, or bonds, notes or other evidences of
indebtedness in the amount applied for, or in a lesser amount, or not
at all, and may attach to the exercise of its permission such
condition or conditions as it may deem reasonable and necessary.
Nothing in this Section shall prevent a public utility from seeking,
nor the Commission from approving, a shelf registration plan for
issuing securities over a reasonable period in accordance with
regulations established by the United States Securities and Exchange
Commission. Any securities issued pursuant to an approved shelf
registration plan need not be further approved by the Commission so
long as they are in compliance with the approved shelf registration
plan. The Commission shall have the power to refuse its approval of
applications to issue securities, in whole or in part, upon a finding
that the issue of such securities would be contrary to public
interest. The Commission may also require the public utility to
compile for the information of its shareholders such facts in regard
to its financial transactions, in such form as the Commission may
direct.
No public utility shall, without the consent of the Commission,
apply the issue of any stock or stock certificates, or bond, note or
other evidence of indebtedness, which was issued pursuant to an order
of the Commission entered pursuant to this subsection (b), or any
part thereof, or any proceeds thereof, to any purpose not specified
in the Commission's order or to any purpose specified in the
Commission's order in excess of the amount authorized for such
purpose; or issue or dispose of the same on any terms less favorable
than those specified in such order, or a modification thereof. The
Commission shall have the power to require public utilities to
account for the disposition of the proceeds of all sales of stocks
and stock certificates, and bonds, notes and other evidences of
indebtedness, which were issued pursuant to an order of the
Commission entered pursuant to this subsection (b), in such form and
detail as it may deem advisable, and to establish such rules and
regulations as it may deem reasonable and necessary to insure the
disposition of such proceeds for the purpose or purposes specified in
its order.
(c) A public utility may issue notes, for proper purposes, and
not in violation of any provision of this Act or any other Act,
payable at periods of not more than 12 months after the date of
issuance of the same, without the consent of the Commission; but no
such note shall, in whole or in part, be renewed or be refunded from
the proceeds of any other such note or evidence of indebtedness from
time to time without the consent of the Commission for an aggregate
period of longer than 2 years. A "telecommunications carrier" as that
term is defined by Section 13-202 of this Act is exempt from the
requirements of this subsection (c).
(d) Any issuance of stock or of bonds, notes or other evidences
of indebtedness, other than issuances of notes pursuant to subsection
(c) of this Section, which is not subject to subsection (b) of this
Section, shall be regulated by the Commission as follows: the public
utility shall file with the Commission, at least 15 days before the
date of the issuance, an informational statement setting forth the
HOUSE OF REPRESENTATIVES 843
type and amount of the issue and the purpose or purposes to which the
issue or the proceeds thereof are to be applied. Prior to the date
of the issuance specified in the public utility's filing, the
Commission, if it finds that the issuance is not subject to
subsection (b) of this Section, shall issue a written order in
conformance with subsection (a) of this Section authorizing the
issuance. Notwithstanding any other provisions of this Act, the
Commission may delegate its authority to enter the order required by
this subsection (d) to a hearing examiner.
(e) The Commission shall have no power to authorize the
capitalization of the right to be a corporation, or to authorize the
capitalization of any franchise, license, or permit whatsoever or the
right to own, operate or enjoy any such franchise, license, or
permit, in excess of the amount (exclusive of any tax or annual
charge) actually paid to the State or to a political subdivision
thereof as the consideration for the grant of such franchise,
license, permit or right; nor shall any contract for consolidation or
lease be capitalized, nor shall any public utility hereafter issue
any bonds, notes or other evidences of indebtedness against or as a
lien, upon any contract for consolidation or merger.
(f) The provisions of this Section shall not apply to public
utilities which are not corporations duly incorporated under the laws
of this State to the extent that any such public utility may issue
stock, bonds, notes or other evidences of indebtedness not directly
or indirectly constituting or creating a lien or charge on, or right
to profits from, any property used or useful in rendering service
within this State. Nothing in this Section or in Section 6-104 of
this Act shall be construed to require a common carrier by railroad
subject to Part I of the Interstate Commerce Act, being part of an
Act of the 49th Congress of the United States entitled "An Act to
Regulate Commerce", as amended, to secure from the Commission
authority to issue or execute or deliver any conditional sales
contract or similar contract or instrument reserving or retaining
title in the seller for all or part of the purchase price of
equipment or property used or to be used for or in connection with
the transportation of persons or property.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/10-114 new)
Sec. 10-114. Resolution of proceedings. Notwithstanding any
other provision of this Act, the Commission shall resolve all
proceedings on the basis of written pleadings and submissions that
are verified or supported by affidavit with the exception of
proceedings arising under Section 13-515 of this Act. Nothing herein
shall preclude the Commission from hearing oral argument in any
proceeding.
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-301. Duties of the Commission. Consistent with the
findings and policy established in paragraph (a) of Section 13-102
and paragraph (a) of Section 13-103, and in order to ensure the
attainment of such policies, the Commission shall:
(a) participate in all federal programs intended to preserve or
extend universal telecommunications service, unless such programs
would place cost burdens on Illinois customers of telecommunications
services in excess of the benefits they would receive through
participation, provided, however, the Commission shall not approve or
permit the imposition of any surcharge or other fee designed to
subsidize or provide a waiver for subscriber line charges; and shall
report on such programs together with an assessment of their adequacy
and the advisability of participating therein in its annual report to
the General Assembly, or more often as necessary;
844 JOURNAL OF THE [March 11, 1999]
(b) establish a program to monitor the level of
telecommunications subscriber connection within each exchange in
Illinois, and shall report the results of such monitoring and any
actions it has taken or recommends be taken to maintain and increase
such levels in its annual report to the General Assembly, or more
often if necessary;
(c) order all telecommunications carriers offering or providing
local exchange telecommunications service to propose low-cost or
budget service tariffs and any other rate design or pricing
mechanisms designed to facilitate customer access to such
telecommunications service, and shall after notice and hearing,
implement any such proposals which it finds likely to achieve such
purpose;
(d) investigate the necessity of and create, if necessary,
feasibility of establishing a fund or funds from which eligible
telecommunications carriers offering or providing local exchange
telecommunications service, whose costs of providing
telecommunications services such service exceed the affordable rate
average cost of providing such services service in Illinois, can
could receive revenues intended to mitigate the price impact on
customers resulting from the high or rising cost of such services
service; provided, however, that to the extent such a fund or funds
are established, the Commission shall require that the costs of such
funds be recovered from all telecommunications carriers on a
competitively neutral basis and shall include the results and
findings of such investigation together with any recommendations for
legislative action in its first annual report to the General Assembly
in 1986;
(e) Any telecommunications carrier providing local exchange
telecommunications service which offers to its local exchange
customers a choice of two or more local exchange telecommunications
service offerings shall provide, to any such customer requesting it,
once a year without charge, a report describing which local exchange
telecommunications service offering would result in the lowest bill
for such customer's local exchange service, based on such customer's
calling pattern and usage for the previous 6 months. At least once a
year, each such carrier shall provide a notice to each of its local
exchange telecommunications service customers describing the
availability of this report and the specific procedures by which
customers may receive it. Such report shall only be available to
current and future customers who have received at least 6 months of
continuous local exchange service from such carrier.
(Source: P.A. 87-445.)
(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-506.1. Alternative forms of regulation for noncompetitive
services.
(a) Notwithstanding any of the rate-making provisions of this
Article or Article IX that are deemed to require rate of return
regulation, the Commission may implement alternative forms of
regulation in order to establish just and reasonable rates for
noncompetitive telecommunications services including, but not limited
to, price regulation, earnings sharing, rate moratoria, or a network
modernization plan. The Commission is authorized to adopt different
forms of regulation to fit the particular characteristics of
different telecommunications carriers and their service areas.
In addition to the public policy goals declared in Section
13-103, the Commission shall consider, in determining the
appropriateness of any alternative form of regulation, whether it
will:
(1) reduce regulatory delay and costs over time;
HOUSE OF REPRESENTATIVES 845
(2) encourage innovation in services;
(3) promote efficiency;
(4) facilitate the broad dissemination of technical
improvements to all classes of ratepayers;
(5) enhance economic development of the State; and
(6) provide for fair, just, and reasonable rates.
(b) A telecommunications carrier providing noncompetitive
telecommunications services may petition the Commission to regulate
the rates or charges of its noncompetitive services under an
alternative form of regulation. The telecommunications carrier shall
submit with its petition its plan for an alternative form of
regulation. The Commission shall review and may modify or reject the
carrier's proposed plan. The Commission also may initiate
consideration of alternative forms of regulation for a
telecommunications carrier on its own motion. The Commission may
approve the plan or modified plan and authorize its implementation
only if it finds, after notice and hearing, that the plan or modified
plan at a minimum:
(1) is in the public interest;
(2) will produce fair, just, and reasonable rates for
telecommunications services;
(3) responds to changes in technology and the structure of
the telecommunications industry that are, in fact, occurring;
(4) constitutes a more appropriate form of regulation based
on the Commission's overall consideration of the policy goals set
forth in Section 13-103 and this Section;
(5) specifically identifies how ratepayers will benefit
from any efficiency gains, cost savings arising out of the
regulatory change, and improvements in productivity due to
technological change;
(6) will maintain the quality and availability of
telecommunications services; and
(7) will not unduly or unreasonably prejudice or
disadvantage any particular customer class, including
telecommunications carriers.
(c) The initial An alternative regulation plan applicable to a
telecommunications carrier and approved under this Section shall
provide, as a condition for Commission approval of the plan, that for
the first 3 years the plan is in effect with respect to the carrier,
basic residence service rates shall be no higher than those rates in
effect 180 days before the filing of the plan. This provision shall
not be used as a justification or rationale for an increase in basic
service rates for any other customer class. For purposes of this
Section, "basic residence service rates" shall mean monthly recurring
charges for the telecommunications carrier's lowest priced primary
residence network access lines, along with any associated untimed or
flat rate local usage charges. Nothing in this subsection (c) shall
preclude the Commission from approving an alternative regulation plan
that results in rate reductions provided all the requirements of
subsection (b) are satisfied by the plan.
(d) Any alternative form of regulation granted for a multi-year
period under this Section shall provide for annual or more frequent
reporting to the Commission to document that the requirements of the
plan are being properly implemented.
(e) Upon petition by the telecommunications carrier or any other
person or upon its own motion, the Commission may rescind its
approval of an alternative form of regulation if, after notice and
hearing, it finds that the conditions set forth in subsection (b) of
this Section can no longer be satisfied. Any person may file a
complaint alleging that the rates charged by a telecommunications
carrier under an alternative form of regulation are unfair, unjust,
846 JOURNAL OF THE [March 11, 1999]
unreasonable, unduly discriminatory, or are otherwise not consistent
with the requirements of this Article; provided, that the complainant
shall bear the burden of proving the allegations in the complaint.
(f) Nothing in this Section shall be construed to authorize the
Commission to render Sections 9-241, 9-250, and 13-505.2 inapplicable
to noncompetitive services.
(Source: P.A. 87-856.)
(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-507. Noncompetitive services. In any proceeding
permitting, approving, investigating, or establishing rates, charges,
classifications, or tariffs for telecommunications services offered
or provided by a telecommunications carrier that offers or provides
both noncompetitive and competitive services, the Commission shall
not allow any subsidy of competitive services or nonregulated
activities by noncompetitive services. In the event that facilities
are utilized or expenses are incurred for the provision of both
competitive and noncompetitive services, the Commission shall
apportion the facilities and expenses between noncompetitive services
in the aggregate and competitive services in the aggregate and shall
allow or establish rates or charges for the noncompetitive services
which reflect only that portion of the facilities or expenses that it
finds to be properly and reasonably apportioned to noncompetitive
services. An apportionment of facilities or expenses between
competitive and noncompetitive services, together with any
corresponding rate changes, shall be made in general rate proceedings
and in other proceedings, including service classification
proceedings, that are necessary to ensure against any subsidy of
competitive services by noncompetitive services. The Commission shall
have the power to take or require such action as is necessary to
ensure that rates or charges for noncompetitive services reflect only
the value of facilities, or portion thereof, used and useful, and the
expenses or portion thereof reasonably and prudently incurred, for
the provision of the noncompetitive services. The Commission may, in
such event, also establish, by rule, any additional procedures,
rules, regulations, or mechanisms necessary to identify and properly
account for the value or amount of such facilities or expenses.
The Commission may establish, by rule, appropriate methods for
ensuring against cross-subsidization between competitive services and
noncompetitive services as required under this Article, including
appropriate methods for calculating the long-run service incremental
costs of providing any telecommunications service and, when
appropriate, group of services and methods for apportioning between
noncompetitive services in the aggregate and competitive services in
the aggregate the value of facilities utilized and expenses incurred
to provide both competitive and noncompetitive services, for example,
common overheads that are not accounted for in the long-run service
incremental costs of individual services or groups of services. The
Commission may order any telecommunications carrier to conduct a
long-run service incremental cost study and to provide the results
thereof to the Commission. Any cost study provided to the Commission
pursuant to the provisions of this Section may, in the Commission's
discretion, be accorded proprietary treatment. In addition to the
requirements of subsection (c) of Section 13-502 and of Section
13-505.1 applicable to the rates and charges for individual
competitive services, the aggregate gross revenues of all competitive
services shall be equal to or greater than the sum of the long-run
service incremental costs for all competitive services as a group and
the value of other facilities and expenses apportioned to competitive
services as a group under this Section.
Notwithstanding any other provision of this Act, such revenues
HOUSE OF REPRESENTATIVES 847
and costs, including the value of other facilities and expenses so
apportioned to competitive services, shall not be considered by the
Commission in any review of a telecommunications carrier's rate of
return or rate base. Any such review shall be confined to the
telecommunications carrier's noncompetitive services and the
revenues, cost, and value of other facilities and expenses
apportioned to those noncompetitive services.
(Source: P.A. 87-856.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2 TO HOUSE BILL 613
AMENDMENT NO. 2. Amend House Bill 613, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Public Utilities Act by changing Section
6-102."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Section 6-102 as follows:
(220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102)
Sec. 6-102. Authorization of issues of stock.
(a) Subject to the provisions of this Act and of the order of
the Commission issued as provided in this Act, a public utility may
issue stocks and stock certificates, and bonds, notes and other
evidences of indebtedness payable at periods of more than 12 months
after the date thereof for any lawful purpose. However, such public
utility shall first have secured from the Commission an order
authorizing such issue and stating the amount thereof and the purpose
or purposes to which the issue or the proceeds thereof are to be
applied, and that in the opinion of the Commission, the money,
property or labor to be procured or paid for by such issue is
reasonably required for the purpose or purposes specified in the
order.
(b) The provisions of this subsection (b) shall apply only to
(1) any issuances of stock in a cumulative amount, exclusive of any
issuances referred to in item (3), that are 10% or more in a calendar
year or 20% or more in a 24-month period of the total common
stockholders' equity or of the total amount of preferred stock
outstanding, as the case may be, of the public utility, and (2) to
any issuances of bonds, notes or other evidences of indebtedness in a
cumulative principal amount, exclusive of any issuances referred to
in item (3), that are 10% or more in a calendar year or 20% or more
in a 24-month period of the aggregate principal amount of bonds,
notes and other evidences of indebtedness of the public utility
outstanding, all as of the date of the issuance, but shall not apply
to (3) any issuances of stock or of bonds, notes or other evidences
of indebtedness 90% or more of the proceeds of which are to be used
by the public utility for purposes of refunding, redeeming or
refinancing outstanding issues of stock, bonds, notes or other
evidences of indebtedness. To enable it to determine whether it will
issue the order required by subsection (a) of this Section, the
Commission may hold a hearing and may make such additional inquiry or
investigation, and examine such witnesses, books, papers, accounts,
documents and contracts and require the filing of such data as it may
deem of assistance. The public utility may be required by the
Commission to disclose every interest of the directors of such public
utility in any transaction under investigation. The Commission shall
have power to investigate all such transactions and to inquire into
the good faith thereof, to examine books, papers, accounts, documents
and contracts of public utilities, construction or other companies or
848 JOURNAL OF THE [March 11, 1999]
of firms or individuals with whom the public utility shall have had
financial transactions, for the purpose of enabling it to verify any
statements furnished, and to examine into the actual value of
property acquired by or services rendered to such public utility.
Before issuing its order, the Commission, when it is deemed necessary
by the Commission, shall make an adequate physical valuation of all
property of the public utility, but a valuation already made under
proper public supervision may be adopted, either in whole or in part,
at the discretion of the Commission; and shall also examine all
previously authorized or outstanding securities of the public
utility, and fixed charges attached thereto. A statement of the
results of such physical valuation, and a statement of the character
of all outstanding securities, together with the conditions under
which they are held, shall be included in the order. The Commission
may require that such information or such part thereof as it thinks
proper, shall appear upon the stock, stock certificate, bond, note or
other evidence of indebtedness authorized by its order. The
Commission may by its order grant permission for the issue of such
stock certificates, or bonds, notes or other evidences of
indebtedness in the amount applied for, or in a lesser amount, or not
at all, and may attach to the exercise of its permission such
condition or conditions as it may deem reasonable and necessary.
Nothing in this Section shall prevent a public utility from seeking,
nor the Commission from approving, a shelf registration plan for
issuing securities over a reasonable period in accordance with
regulations established by the United States Securities and Exchange
Commission. Any securities issued pursuant to an approved shelf
registration plan need not be further approved by the Commission so
long as they are in compliance with the approved shelf registration
plan. The Commission shall have the power to refuse its approval of
applications to issue securities, in whole or in part, upon a finding
that the issue of such securities would be contrary to public
interest. The Commission may also require the public utility to
compile for the information of its shareholders such facts in regard
to its financial transactions, in such form as the Commission may
direct.
No public utility shall, without the consent of the Commission,
apply the issue of any stock or stock certificates, or bond, note or
other evidence of indebtedness, which was issued pursuant to an order
of the Commission entered pursuant to this subsection (b), or any
part thereof, or any proceeds thereof, to any purpose not specified
in the Commission's order or to any purpose specified in the
Commission's order in excess of the amount authorized for such
purpose; or issue or dispose of the same on any terms less favorable
than those specified in such order, or a modification thereof. The
Commission shall have the power to require public utilities to
account for the disposition of the proceeds of all sales of stocks
and stock certificates, and bonds, notes and other evidences of
indebtedness, which were issued pursuant to an order of the
Commission entered pursuant to this subsection (b), in such form and
detail as it may deem advisable, and to establish such rules and
regulations as it may deem reasonable and necessary to insure the
disposition of such proceeds for the purpose or purposes specified in
its order.
(c) A public utility may issue notes, for proper purposes, and
not in violation of any provision of this Act or any other Act,
payable at periods of not more than 12 months after the date of
issuance of the same, without the consent of the Commission; but no
such note shall, in whole or in part, be renewed or be refunded from
the proceeds of any other such note or evidence of indebtedness from
time to time without the consent of the Commission for an aggregate
HOUSE OF REPRESENTATIVES 849
period of longer than 2 years. A "telecommunications carrier" as that
term is defined by Section 13-202 of this Act is exempt from the
requirements of this subsection (c).
(d) Any issuance of stock or of bonds, notes or other evidences
of indebtedness, other than issuances of notes pursuant to subsection
(c) of this Section, which is not subject to subsection (b) of this
Section, shall be regulated by the Commission as follows: the public
utility shall file with the Commission, at least 15 days before the
date of the issuance, an informational statement setting forth the
type and amount of the issue and the purpose or purposes to which the
issue or the proceeds thereof are to be applied. Prior to the date
of the issuance specified in the public utility's filing, the
Commission, if it finds that the issuance is not subject to
subsection (b) of this Section, shall issue a written order in
conformance with subsection (a) of this Section authorizing the
issuance. Notwithstanding any other provisions of this Act, the
Commission may delegate its authority to enter the order required by
this subsection (d) to a hearing examiner.
(e) The Commission shall have no power to authorize the
capitalization of the right to be a corporation, or to authorize the
capitalization of any franchise, license, or permit whatsoever or the
right to own, operate or enjoy any such franchise, license, or
permit, in excess of the amount (exclusive of any tax or annual
charge) actually paid to the State or to a political subdivision
thereof as the consideration for the grant of such franchise,
license, permit or right; nor shall any contract for consolidation or
lease be capitalized, nor shall any public utility hereafter issue
any bonds, notes or other evidences of indebtedness against or as a
lien, upon any contract for consolidation or merger.
(f) The provisions of this Section shall not apply to public
utilities which are not corporations duly incorporated under the laws
of this State to the extent that any such public utility may issue
stock, bonds, notes or other evidences of indebtedness not directly
or indirectly constituting or creating a lien or charge on, or right
to profits from, any property used or useful in rendering service
within this State. Nothing in this Section or in Section 6-104 of
this Act shall be construed to require a common carrier by railroad
subject to Part I of the Interstate Commerce Act, being part of an
Act of the 49th Congress of the United States entitled "An Act to
Regulate Commerce", as amended, to secure from the Commission
authority to issue or execute or deliver any conditional sales
contract or similar contract or instrument reserving or retaining
title in the seller for all or part of the purchase price of
equipment or property used or to be used for or in connection with
the transportation of persons or property.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 727. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 727
850 JOURNAL OF THE [March 11, 1999]
AMENDMENT NO. 1. Amend House Bill 727, on page 1, line 8, by
replacing "The" with the following:
"Cost and expense; commissary fund.
(a) The"; and
on page 1, by inserting between lines 26 and 27 the following:
"(b) When a prisoner is released from the county jail after the
completion of his or her sentence and has money credited to his or
her account in the commissary fund, the sheriff or a person acting on
the authority of the sheriff must mail a check in the amount credited
to the prisoner's account to the prisoner's last known address. If
after 30 days from the date of mailing of the check, the check is
returned undelivered, the sheriff must transmit the amount of the
check to the county treasurer for deposit into the commissary fund.
Nothing in this subsection (b) constitutes a forfeiture of the
prisoner's right to claim the money accredited to his or her account
after the 30-day period.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 912. 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, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 912
AMENDMENT NO. 1. Amend House Bill 912 by replacing the title
with the following:
"AN ACT to amend the Voluntary Payroll Deductions Act of 1983 by
changing Section 3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Voluntary Payroll Deductions Act of 1983 is
amended by changing Section 3 as follows:
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the context
otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to the State
of Illinois, or an individual hired as an employee by a contract with
that individual.
(b) "Qualified organization" means an organization representing
one or more benefiting agencies, which organization is designated by
the State Comptroller as qualified to receive payroll deductions
under this Act. An organization desiring to be designated as a
qualified organization shall:
(1) Submit written designations on forms approved by the
State Comptroller by 4,000 or more employees, in which such
employees indicate that the organization is one for which the
employee intends to authorize withholding. The forms shall
require the name, social security number, and employing State
agency for each employee. Upon notification by the Comptroller
that such forms have been approved, the organization shall,
within 30 days, notify in writing the Governor or his designee of
its intention to obtain the required number of designations.
Such organization shall have 12 months from that date, to obtain
the necessary designations. The signed forms and signatures on
the forms shall be subject to verification by the State
Comptroller;
HOUSE OF REPRESENTATIVES 851
(2) Certify that all benefiting agencies are tax exempt
under Section 501(c)(3) of the Internal Revenue Code;
(3) Certify that all benefiting agencies are in compliance
with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in compliance
with the Charitable Trust Act and the Solicitation for Charity
Act;
(5) Certify that all benefiting agencies actively conduct
health or welfare programs and provide services to individuals
directed at one or more of the following common human needs
within a community: service, research, and education in the
health fields; family and child care services; protective
services for children and adults; services for children and
adults in foster care; services related to the management and
maintenance of the home; day care services for adults;
transportation services; information, referral and counseling
services; services to eliminate illiteracy; the preparation and
delivery of meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety services;
neighborhood and community organization services; recreation
services; social adjustment and rehabilitation services; health
support services; or a combination of such services designed to
meet the special needs of specific groups, such as children and
youth, the ill and infirm, and the physically handicapped; and
that all such benefiting agencies provide the above described
services to individuals and their families in the community and
surrounding area in which the organization conducts its fund
drive, or that such benefiting agencies provide relief to victims
of natural disasters and other emergencies on a where and as
needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts from
employees that are distributed to the benefiting agencies and the
percentage of the organization's total collected receipts from
employees that are expended for fund-raising and overhead costs.
These percentages shall be the same percentage figures annually
disclosed by the organization to the Attorney General. The
disclosure shall be made to all solicited employees and shall be
in the form of a factual statement on all petitions and in the
campaign's employee brochure;
(7) Certify that all benefiting agencies receiving funds
which the employee has requested or designated for distribution
to a particular community and surrounding area use a majority of
such funds distributed for services in the actual provision of
services in that community and surrounding area;
(8) Certify that neither it nor its member organizations
will solicit State employees for contributions at their
workplace, except pursuant to this Act and the rules promulgated
thereunder. Each qualified organization, and each participating
United Fund, is encouraged to cooperate with all others and with
all State agencies and educational institutions so as to simplify
procedures, to resolve differences and to minimize costs;
(9) Certify that it will pay its share of the campaign
costs and will comply with the Code of Campaign Conduct as
approved by the Governor or other agency as designated by the
Governor;
(10) Certify that it maintains a year-round office, the
telephone number, and person responsible for the operations of
the organization in Illinois. That information shall be provided
to the State Comptroller at the time the organization is seeking
participation under this Act; and
852 JOURNAL OF THE [March 11, 1999]
(11) Provide (i) an annual audit, in conformance with
generally accepted accounting procedures and current to within 12
months of the organization's fiscal year-end, (ii) Internal
Revenue Service Form 990 covering the same period as the
submitted audit, and (iii) an annual report of the organization's
activities, current to within 12 months of the organization's
fiscal year. If a qualifying organization represents more than
one benefiting agency, it shall also certify that the
documentation required by this paragraph is on file for those
agencies. The Comptroller is authorized to request documentation
of the qualifying organization for any or all of the benefiting
agencies upon written request. The qualifying organization shall
have 10 business days to respond after it receives the request.
Each qualified organization shall submit to the State Comptroller
between January 1 and March 1 of each year, a statement that the
organization is in compliance with all of the requirements set forth
in paragraphs (2) through (11). The State Comptroller shall exclude
any organization that fails to submit the statement from the next
solicitation period.
In order to be designated as a qualified organization, the
organization shall have existed at least 2 years prior to submitting
the written designation forms required in paragraph (1) and shall
certify to the State Comptroller that such organization has been
providing services described in paragraph (5) in Illinois. If the
organization seeking designation represents more than one benefiting
agency, it need not have existed for 2 years but shall certify to the
State Comptroller that each of its benefiting agencies has existed
for at least 2 years prior to submitting the written designation
forms required in paragraph (1) and that each has been providing
services described in paragraph (5) in Illinois.
Organizations which have met the requirements of this Act shall
be permitted to participate in the State and Universities Combined
Appeal as of January 1st of the year immediately following their
approval by the Comptroller.
Where the certifications described in paragraphs (2), (3), (4),
(5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5, 6, 7, 8, 9, 10,
and 11 above are made by an organization representing more than one
benefiting agency they shall be based upon the knowledge and belief
of such qualified organization. Any qualified organization shall
immediately notify the State Comptroller in writing if the qualified
organization receives information or otherwise believes that a
benefiting agency is no longer in compliance with the certification
of the qualified organization. A qualified organization representing
more than one benefiting agency shall thereafter withhold and refrain
from distributing to such benefiting agency those funds received
pursuant to this Act until the benefiting agency is again in
compliance with the qualified organization's certification. The
qualified organization shall immediately notify the State Comptroller
of the benefiting agency's resumed compliance with the certification,
based upon the qualified organization's knowledge and belief, and
shall pay over to the benefiting agency those funds previously
withheld.
The Comptroller shall, by February 1st of each year, so notify
any qualified organization that failed to receive at least 500
payroll deduction pledges during each immediately preceding
solicitation period as set forth in Section 6. The notification
shall give such qualified organization until March 1st to provide the
Comptroller with documentation that the 500 deduction requirement has
been met. On the basis of all the documentation, the Comptroller
shall, by March 15th of each year, submit to the Governor or his
designee, or such other agency as may be determined by the Governor,
HOUSE OF REPRESENTATIVES 853
a list of all organizations which have met the 500 payroll deduction
requirement. Only those organizations which have met such
requirements, as well as the other requirements of this Section,
shall be permitted to solicit State employees for voluntary
contributions and the Comptroller shall discontinue withholding for
any such organization which fails to meet these requirements.
(c) "United Fund" means the organization conducting the single,
annual, consolidated effort to secure funds for distribution to
agencies engaged in charitable and public health, welfare and
services purposes, which is commonly known as the United Fund, or the
organization which serves in place of the United Fund organization in
communities where an organization known as the United Fund is not
organized.
(d) "State and Universities Employees Combined Appeal" (SECA),
otherwise known as "SECA", means the State-directed joint effort of
all of the qualified organizations, together with the United Funds,
for the solicitation of voluntary contributions from State and
University employees.
In order for a United Fund to participate in the State and
Universities Employees Combined Appeal, it shall comply with the
provisions of Section 3, paragraph (9) of subsection (b).
(Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 934. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 934
AMENDMENT NO. 1. Amend House Bill 934 by replacing the title
with the following:
"AN ACT regarding support, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of Marriage
Act is amended by adding Section 505.3 as follows:
(750 ILCS 5/505.3 new)
Sec. 505.3. Pro se petitions for support and support
enforcement. The circuit court may provide, through the office of
the clerk of the circuit court, simplified forms and clerical
assistance to help with the drafting, preparation, and filing of a
petition seeking to establish or enforce a child support order by any
person not represented by counsel.
Section 10. The Illinois Parentage Act of 1984 is amended by
adding Section 7.5 as follows:
(750 ILCS 45/7.5 new)
Sec. 7.5. Pro se petitions to establish parentage and support.
The circuit court may provide, through the office of the clerk of the
circuit court, simplified forms and clerical assistance to help with
the drafting, preparation, and filing of an action to determine the
existence of the father and child relationship, and a petition to
establish or enforce a child support order by any person not
represented by counsel.".
854 JOURNAL OF THE [March 11, 1999]
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1098. 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 HOUSE BILL 1098
AMENDMENT NO. 1. Amend House Bill 1098, on page 1, lines 2 and
6, by changing "Section 45" wherever it appears to "Sections 15, 45,
55, 65, and 70"; and
on page 1, by inserting between lines 6 and 7 the following:
"(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents; filing.
(a) A petition alleging that a person is a sexually violent
person may be filed by:
(1) The Attorney General, at the request of the agency with
jurisdiction over the person, as defined in subsection (a) of
Section 10 of this Act, or on his or her own motion. If the
Attorney General, after consulting with and advising the State's
Attorney of the county referenced in paragraph (a)(2) of this
Section, decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person or within 30 days of placement onto
parole or mandatory supervised release for an offense enumerated
in paragraph (e) of Section 5 of this Act.
(2) If the Attorney General does not file a petition under
this Section, the State's Attorney of the county in which the
person was convicted of a sexually violent offense, adjudicated
delinquent for a sexually violent offense or found not guilty of
or not responsible for a sexually violent offense by reason of
insanity, mental disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section jointly.
(b) A petition filed under this Section shall allege that all of
the following apply to the person alleged to be a sexually violent
person:
(1) The person satisfies any of the following criteria:
(A) The person has been convicted of a sexually
violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a sexually
violent offense by reason of insanity, mental disease, or
mental defect.
(2) (Blank;) The person is within 90 days of discharge or
entry into mandatory supervised release from a Department of
Corrections correctional facility for a sentence that was imposed
upon a conviction for a sexually violent offense or for a
sentence that is being served concurrently or consecutively with
a sexually violent offense or is within the initial 30 days of
the person's entry date into parole or mandatory supervised
release; or
(3) (Blank;) The person is within 90 days of discharge or
release from a Department of Corrections juvenile correctional
facility, if the person was placed in the facility for being
adjudicated delinquent under Section 5-20 of the Juvenile Court
HOUSE OF REPRESENTATIVES 855
Act of 1987 (now repealed) or found guilty under Section 5-620 of
that Act, on the basis of a sexually violent offense or from a
commitment order that was entered as a result of a sexually
violent offense.
(4) The person has a mental disorder.
(5) The person is dangerous to others because the person's
mental disorder creates a substantial probability that he or she
will engage in acts of sexual violence.
(b-5) The petition must be filed:
(1) No more than 90 days before discharge or entry into
mandatory supervised release from a Department of Corrections
correctional facility for a sentence that was imposed upon a
conviction for a sexually violent offense, or for a sentence that
is being served concurrently or consecutively with a sexually
violent offense, and no more than 30 days after the person's
entry into parole or mandatory supervised release; or
(2) No more than 90 days before discharge or release:
(A) from a Department of Corrections juvenile
correctional facility if the person was placed in the
facility for being adjudicated delinquent under Section 5-20
of the Juvenile Court Act of 1987 or found guilty under
Section 5-620 of that Act on the basis of a sexually violent
offense; or
(B) from a commitment order that was entered as a
result of a sexually violent offense.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to believe
the person is a sexually violent person. If the petition alleges
that a sexually violent offense or act that is a basis for the
allegation under paragraph (b)(1) of this Section was an act that was
sexually motivated as provided under paragraph (e)(2) of Section 5 of
this Act, the petition shall state the grounds on which the offense
or act is alleged to be sexually motivated.
(d) A petition under this Section shall be filed in either of
the following:
(1) The circuit court for the county in which the person
was convicted of a sexually violent offense, adjudicated
delinquent for a sexually violent offense or found not guilty of
a sexually violent offense by reason of insanity, mental disease
or mental defect.
(2) The circuit court for the county in which the person is
in custody under a sentence, a placement to a Department of
Corrections correctional facility or juvenile correctional
facility, or a commitment order.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; revised
8-26-98.)"; and
on page 1, by inserting after line 23 the following:
"(725 ILCS 207/55)
Sec. 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of this Act
and has not been discharged under Section 65 of this Act, the
Department shall conduct an examination of his or her mental
condition within 6 months after an initial commitment under Section
40 and again thereafter at least once each 12 months for the purpose
of determining whether the person has made sufficient progress to be
conditionally released or discharged. At the time of a reexamination
under this Section, the person who has been committed may retain or,
if he or she is indigent and so requests, the court may appoint a
qualified expert or a professional person to examine him or her.
(b) Any examiner conducting an examination under this Section
shall prepare a written report of the examination no later than 30
856 JOURNAL OF THE [March 11, 1999]
days after the date of the examination. The examiner shall place a
copy of the report in the person's health care records and shall
provide a copy of the report to the court that committed the person
under Section 40.
(c) Notwithstanding subsection (a) of this Section, the court
that committed a person under Section 40 may order a reexamination of
the person at any time during the period in which the person is
subject to the commitment order.
(d) Petitions for discharge after reexamination must follow the
procedure outlined in Section 65 of this Act.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
(725 ILCS 207/65)
Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a person
committed under this Act is no longer a sexually violent person, the
Secretary shall authorize the person to petition the committing court
for discharge. The person shall file the petition with the court and
serve a copy upon the Attorney General or the State's Attorney's
office that filed the petition under subsection (a) of Section 15 of
this Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held within 45
days after the date of receipt of the petition.
(2) At a hearing under this subsection, the Attorney General or
State's Attorney, whichever filed the original petition, shall
represent the State and shall have the right to have the petitioner
examined by an expert or professional person of his or her choice.
The committed person or the State may elect to have the hearing
before a jury. The hearing shall be before the court without a jury.
The State has the burden of proving by clear and convincing evidence
that the petitioner is still a sexually violent person.
(3) If the court is satisfied that the State has not met its
burden of proof under paragraph (a)(2) of this Section, the
petitioner shall be discharged from the custody or supervision of the
Department. If the court is satisfied that the State has met its
burden of proof under paragraph (a)(2), the court may proceed under
Section 40 of this Act to determine whether to modify the
petitioner's existing commitment order.
(b)(1) A person may petition the committing court for discharge
from custody or supervision without the Secretary's approval. At the
time of an examination under subsection (a) of Section 55 of this
Act, the Secretary shall provide the committed person with a written
notice of the person's right to petition the court for discharge over
the Secretary's objection. The notice shall contain a waiver of
rights. The Secretary shall forward the notice and waiver form to
the court with the report of the Department's examination under
Section 55 of this Act. If the person does not affirmatively waive
the right to petition, the court shall set a probable cause hearing
to determine whether facts exist that warrant a hearing on whether
the person is still a sexually violent person. If a person does not
file a petition for discharge, yet fails to waive the right to
petition under this Section, then the probable cause hearing consists
only of a review of the reexamination reports and arguments on behalf
of the parties. The committed person has a right to have an attorney
represent him or her at the probable cause hearing, but the person is
not entitled to be present at the probable cause hearing. The
probable cause hearing under this Section must be held within 45 days
of the filing of the reexamination report under Section 55 of this
Act.
(2) If the court determines at the probable cause hearing under
paragraph (b)(1) of this Section that probable cause exists to
believe that the committed person is no longer a sexually violent
HOUSE OF REPRESENTATIVES 857
person, then the court shall set a hearing on the issue. At a
hearing under this Section, the committed person is entitled to be
present and to the benefit of the protections afforded to the person
under Section 25 of this Act. The committed person or the State may
elect to have a hearing under this Section before a jury. A verdict
of a jury under this Section is not valid unless it is unanimous. The
Attorney General or State's Attorney, whichever filed the original
petition, shall represent the State at a hearing under this Section.
The hearing under this Section shall be to the court. The State has
the right to have the committed person evaluated by experts chosen by
the State. At the hearing, the State has the burden of proving by
clear and convincing evidence that the committed person is still a
sexually violent person.
(3) If the court is satisfied that the State has not met its
burden of proof under paragraph (b)(2) of this Section, the person
shall be discharged from the custody or supervision of the
Department. If the court is satisfied that the State has met its
burden of proof under paragraph (b)(2) of this Section, the court may
proceed under Section 40 of this Act to determine whether to modify
the person's existing commitment order.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/70)
Sec. 70. Additional discharge petitions. In addition to the
procedures under Section 65 of this Act, a committed person may
petition the committing court for discharge at any time, and the
court must set the matter for a probable cause hearing; however, but
if a person has previously filed a petition for discharge without the
Secretary's approval and the court determined, either upon review of
the petition or following a hearing, that the person's petition was
frivolous or that the person was still a sexually violent person,
then the court shall deny any subsequent petition under this Section
without a hearing unless the petition contains facts upon which a
court could find that the condition of the person had so changed that
a hearing was warranted. If the court finds that a hearing is
warranted, the court shall set a probable cause hearing in accordance
with paragraph (b)(1) of Section 65 of this Act and continue
proceedings under paragraph (b)(2) of Section 65, if appropriate. If
the person has not previously filed a petition for discharge without
the Secretary's approval, the court shall set a probable cause
hearing in accordance with paragraph (b)(1) of Section 65 and
continue proceedings under paragraph (b)(2) of Section 65, if
appropriate.
(Source: P.A. 90-40, eff. 1-1-98.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1147. Having been recalled on March 9, 1999, and
held on the order of Second Reading, the same was again taken up and
advanced to the order of Third Reading.
HOUSE BILL 1177. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1177
AMENDMENT NO. 1. Amend House Bill 1177 by replacing the title
858 JOURNAL OF THE [March 11, 1999]
with the following:
"AN ACT to amend the Consumer Fraud and Deceptive Business
Practices Act by changing Section 10a."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Consumer Fraud and Deceptive Business Practices
Act is amended by changing Section 10a as follows:
(815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
Sec. 10a. Action for actual damages.
(a) Any person who suffers actual damage as a result of a
violation of this Act committed by any other person may bring an
action against such person. The court, in its discretion may award
actual economic damages or any other relief which the court deems
proper; provided, however, that no award of punitive damages may be
assessed under this Section against a party defendant who is a new
vehicle dealer or used vehicle dealer within the meaning of Chapter 5
of the Illinois Vehicle Code or who is the holder of a retail
installment contract within the meaning of Section 2.12 of the Motor
Vehicle Retail Installment Sales Act, unless the conduct engaged in
was willful or intentional and done with evil motive or reckless
indifference to the rights of others. Proof of a public injury, a
pattern, or an effect on consumers and the public interest generally
shall be required in order to state a cause of action under this
Section against a party defendant who is a new vehicle dealer or used
vehicle dealer within the meaning of Chapter 5 of the Illinois
Vehicle Code or who is the holder of a retail installment contract
within the meaning of Section 2.12 of the Motor Vehicle Retail
Installment Sales Act. Proof of such public injury may be shown by
any one of the following factors:
(1) Violation of a statute that has a public interest
impact.
(2) Repeated acts prior to the act involving the plaintiff.
(3) Potential for repetition.
(b) Such action may be commenced in the county in which the
person against whom it is brought resides, has his principal place of
business, or is doing business, or in the county where the
transaction or any substantial portion thereof occurred.
(c) Except as provided in subsections (f), (g), and (h) of this
Section, in any action brought by a person under this Section, the
Court may grant injunctive relief where appropriate and may award, in
addition to the relief provided in this Section, reasonable
attorney's fees and costs to the prevailing party.
(d) Upon commencement of any action brought under this Section
the plaintiff shall mail a copy of the complaint or other initial
pleading to the Attorney General and, upon entry of any judgment or
order in the action, shall mail a copy of such judgment or order to
the Attorney General.
(e) Any action for damages under this Section shall be forever
barred unless commenced within 3 years after the cause of action
accrued; provided that, whenever any action is brought by the
Attorney General or a State's Attorney for a violation of this Act,
the running of the foregoing statute of limitations, with respect to
every private right of action for damages which is based in whole or
in part on any matter complained of in said action by the Attorney
General or State's Attorney, shall be suspended during the pendency
thereof, and for one year thereafter.
(f) At any time more than 30 days before the commencement of
trial, a party, who is a new vehicle dealer or used vehicle dealer
within the meaning of Chapter 5 of the Illinois Vehicle Code or who
is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor Vehicle Retail Installment Sales Act and
who is defending a claim under this Act, may serve upon the party
HOUSE OF REPRESENTATIVES 859
seeking relief under this Act an offer to allow judgment to be taken
against the defending party to the effect specified in the offer with
costs then accrued. If within 10 days after service of the offer,
the offeree serves written notice that the offer is accepted, either
party may then file the offer and notice of acceptance together with
proof of service of the notice; the court shall then enter judgment.
An offer not accepted shall be deemed withdrawn and evidence of the
offer is not admissible except in a proceeding to determine costs.
When a party seeking relief under this Act does not accept an offer
filed with the clerk and served upon the attorney for that party more
than 30 days before the commencement of trial and when that party
fails to obtain a judgment in an amount more than the total offer of
settlement, that party shall forfeit and the court may not award any
compensation for attorney's fees and costs incurred after the date of
the offer.
(g) At any time more than 30 days before the commencement of
trial, a party who is seeking relief under this Act from a new
vehicle dealer or used vehicle dealer within the meaning of Chapter 5
of the Illinois Vehicle Code or who is the holder of a retail
installment contract within the meaning of Section 2.12 of the Motor
Vehicle Retail Installment Sales Act may serve the dealer or holder
an offer to allow judgment to be taken against the dealer or holder
to the effect specified in the offer with costs then accrued. If
within 10 days after service of the offer, the offeree serves written
notice that the offer is accepted, either party may then file the
offer and notice of acceptance together with proof of service of the
notice; the court shall then enter judgment. An offer not accepted
shall be deemed withdrawn and evidence of the offer is not admissible
except in a proceeding to determine costs. When a dealer or holder
does not accept an offer filed with the clerk and served upon the
attorney for the dealer or holder more than 30 days before the
commencement of trial and if the party seeking relief against a
dealer or holder obtains a judgment in an amount equal to or in
excess of the offer amount, the party seeking relief shall be paid
interest on the offer amount at the rate as provided in Section
2-1303 of the Code of Civil Procedure from the date of the offer
until the judgment is paid.
(h) At least 30 days prior to the filing of an action under this
Section, a party who is seeking relief shall serve a written notice
of the nature of the alleged violation and demand for relief upon the
prospective party, who is a new vehicle dealer or used vehicle dealer
within the meaning of Chapter 5 of the Illinois Vehicle Code or who
is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor Vehicle Retail Installment Sales Act,
against whom such action will be commenced. Any person receiving
such a demand for relief may, within 30 days of service of the demand
for relief, submit a written offer of settlement, which offer is to
be exclusive of attorney's fees, to the party serving the notice and
demand. The party who is seeking relief must certify in any cause of
action that the notice and demand was served upon the named
defendants and the substance of their response, if any. If the offer
of settlement is rejected in writing by the party who is seeking
relief, then, in any subsequent action, the court shall deny any
award of attorney's fees and costs requested by the party seeking
relief under this Act incurred after the rejection of the written
offer of settlement, if the judgment is less than the amount
contained within the offer of settlement. All written offers of
settlement under this subsection shall be presumed to be offered
without prejudice in compromise of a disputed matter.
(Source: P.A. 89-144, eff. 1-1-96.)".
860 JOURNAL OF THE [March 11, 1999]
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1252. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1252
AMENDMENT NO. 1. Amend House Bill 1252 on page 1, lines 17 and
18, by replacing "an automobile a motor vehicle" with the following:
"a motor vehicle, excluding a motorcycle as defined in Section 1-147
of the Illinois Vehicle Code,"; and
on page 1, line 19 by replacing "automobile motor vehicle" with the
following:
"motor vehicle, excluding a motorcycle as defined in Section 1-147 of
the Illinois Vehicle Code,".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1274. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1274
AMENDMENT NO. 1. Amend House Bill 1274 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Educational Facilities Authority Act is
amended by changing Sections 1, 3, 3.03, 3.06, 3.06a, 3.07c, 3.08,
5.11, 5.12, 5.16, and 24 and adding Sections 3.10, 5.11a, and 5.11b
as follows:
(110 ILCS 1015/1) (from Ch. 144, par. 1301)
Sec. 1. Declaration of purpose. It is declared that for the
benefit of the people of the State of Illinois, the conduct and
increase of their commerce, the protection and enhancement of their
welfare, the development of continued prosperity and the improvement
of their health and living conditions it is essential that all the
people of the State be given the fullest opportunity to learn and to
develop their intellectual and mental capacities and skills; that to
achieve these ends it is of the utmost importance that private
institutions of higher education within the State be provided with
appropriate additional means to assist the people of the State in
achieving the required levels of learning and development of their
intellectual and mental capacities and skills and that cultural
institutions within the State be provided with appropriate additional
means to expand the services and resources which they offer for the
cultural, intellectual, scientific, educational and artistic
enrichment of the people of the State; and that, in execution of the
public policy set forth above, it is the purpose of this Act to
provide a measure of assistance and an alternative method of
financing to enable private institutions of higher education and
cultural institutions in the State to: (i) finance or to refund or
refinance outstanding indebtedness incurred by them for the
HOUSE OF REPRESENTATIVES 861
construction or acquisition of educational facilities and structures
or cultural facilities and structures, whether or not constructed or
acquired prior to the effective date of this Act, (ii) and to provide
the needed additional facilities and structures for the public
benefit and good, and (iii) enable these institutions to obtain
working capital through financing or refinancing of their accounts
receivable or otherwise in execution of the public policy set forth
above.
(Source: P.A. 88-555, eff. 7-27-94.)
(110 ILCS 1015/3) (from Ch. 144, par. 1303)
Sec. 3. Definitions. In this Act, unless the context otherwise
requires, the terms specified in Sections 3.01 through 3.10 3.09 have
the meanings ascribed to them in those Sections.
(Source: P.A. 84-995.)
(110 ILCS 1015/3.03) (from Ch. 144, par. 1303.03)
Sec. 3.03. Cost. "Cost", as applied to a project financed under
this Act, means all costs necessary or incident to the acquisition,
and construction,and financing of the project, including the costs of
refunding or refinancing outstanding indebtedness incurred for the
financing of such project, engineering, legal and, architectural
fees, working capital, and all other necessary and incidental
expenses, together with interest on bonds issued to finance the
project to a date 6 months subsequent to the estimated date of
completion.
(Source: P.A. 78-399.)
(110 ILCS 1015/3.06) (from Ch. 144, par. 1303.06)
Sec. 3.06. Educational facility. "Educational facility" may
comprise any property located within the State or, if the property is
owned, operated, or managed by or for the benefit of a participating
institution or an affiliate of the institution, located outside the
State, constructed or acquired before or after the effective date of
this Act, which is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution of
higher education, the use by a private institution of higher
education in connection with any educational, research or related or
incidental activities then being or to be conducted by it, or any
combination of the foregoing, including, without limitation, any such
property suitable for use as or in connection with any one or more of
the following: an academic facility, administrative facility,
agricultural facility, assembly hall, athletic facility, auditorium,
boating facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall, dormitory,
exhibition hall, fire fighting facility, fire prevention facility,
food service and preparation facility, gymnasium, greenhouse, health
care facility, hospital, housing, instructional facility, laboratory,
library, maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational facility,
research facility, stadium, storage facility, student union, study
facility, theatre or utility. An educational facility shall not
include any property used or to be used for sectarian instruction or
study or as a place for devotional activities or religious worship
nor any property which is used or to be used primarily in connection
with any part of the program of a school or department of divinity
for any religious denomination.
(Source: P.A. 78-399.)
(110 ILCS 1015/3.06a) (from Ch. 144, par. 1303.06a)
Sec. 3.06a. Cultural facility. "Cultural facility" may comprise
any property located within the State or, if the property is owned,
operated, or managed by or for the benefit of a participating
institution or an affiliate of the institution, located outside the
862 JOURNAL OF THE [March 11, 1999]
State, constructed or acquired before or after the effective date of
this Act, which is or will be, in whole or in part, suitable for the
particular purposes or needs of a cultural institution, including,
without limitation, any such property suitable for use as or in
connection with any one or more of the following: an administrative
facility, aquarium, assembly hall, auditorium, botanical garden,
exhibition hall, gallery, greenhouse, library, museum, scientific
laboratory, theater or zoological facility, and shall also include,
without limitation, books, works of art or music, animal, plant or
aquatic life or other items for display, exhibition or performance.
The term "cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by nonprofit
entities. A cultural facility shall not include any property used or
to be used for sectarian instruction or study or as a place for
devotional activities or religious worship nor any property which is
used or to be used primarily in connection with any part of the
program of a school or department of divinity for any religious
denomination.
(Source: P.A. 84-995.)
(110 ILCS 1015/3.07c) (from Ch. 144, par. 1303.07c)
Sec. 3.07c. Participating institution. "Participating
institution" means a private institution of higher education, a
cultural institution, or a not for profit organization that provides
financial or other assistance to or for the benefit of private
institutions of higher education or cultural institutions, as the
case may be, which, pursuant to the provisions of this Act,
undertakes a project or the refunding or refinancing of outstanding
indebtedness incurred for the financing of a project or undertakes
the financing of working capital.
(Source: P.A. 88-555, eff. 7-27-94.)
(110 ILCS 1015/3.08) (from Ch. 144, par. 1303.08)
Sec. 3.08. Property. "Property" means any real, personal or
mixed property, or any interest therein, including, without
limitation, any real estate, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
commodities, rights of way and structures, or any interest therein.
(Source: P.A. 76-1810.)
(110 ILCS 1015/3.10 new)
Sec. 3.10. Working capital. "Working capital" means, with
respect to any participating institution, funds to be used in or
reserved for the operations of the participating institution.
(110 ILCS 1015/5.11) (from Ch. 144, par. 1305.11)
Sec. 5.11. Loans for cost of project and related capital needs.
To make loans to any participating institution for the cost of a
project and other related capital needs in accordance with an
agreement between the Authority and the participating institution;
provided that no such loan shall exceed the total cost of the project
as determined by the participating institution and approved by the
Authority.
(Source: P.A. 84-995.)
(110 ILCS 1015/5.11a new)
Sec. 5.11a. Working capital bonds. In accordance with
applicable law, to issue bonds for the purpose of financing working
capital for one or more participating institutions, whether through a
financing of their accounts receivable or otherwise, either singly or
on a combined basis with other participating institutions.
(110 ILCS 1015/5.11b new)
Sec. 5.11b. Issuance of bonds for bulk purchases. To issue
bonds for the purpose of purchasing, leasing, or otherwise acquiring,
financing, selling, or transferring for, to, or on behalf of itself
and any participating institution, either alone or in partnership
HOUSE OF REPRESENTATIVES 863
with other participating institutions, commodities or other property
necessary for the daily operation of the educational facilities or
cultural facilities of the participating institutions and for their
employees and patrons, including, but not limited to, electricity,
petroleum products, fuel oil, and natural gas.
(110 ILCS 1015/5.12) (from Ch. 144, par. 1305.12)
Sec. 5.12. Loans to refund outstanding obligations or advances.
To make loans to a participating institution to refund outstanding
obligations or advances issued, made or given by such participating
institution for the cost of a project or for working capital.
(Source: P.A. 84-995.)
(110 ILCS 1015/5.16) (from Ch. 144, par. 1305.16)
Sec. 5.16. Bonds for refunding or refinancing outstanding
indebtedness. To issue bonds for the purpose of refunding or
refinancing the outstanding indebtedness of a participating
institution, whether or not outstanding prior to or after the
effective date of this Act, provided that such indebtedness was
originally incurred for the purpose of constructing or acquiring an
educational facility or a cultural facility or for the purpose of
acquiring working capital.
(Source: P.A. 84-995.)
(110 ILCS 1015/24) (from Ch. 144, par. 1324)
Sec. 24. Purchase of securities; security; title to facilities.
(a) Notwithstanding any other provision of this Act to the
contrary, the Authority may finance the cost of an educational
facility or cultural facility, finance working capital, or finance
other capital needs or refund outstanding indebtedness incurred prior
to or after the effective date of this Act for the construction or
acquisition of an educational facility or cultural facility, for the
financing of working capital, or for other related capital needs by
issuing its bonds for the purpose of purchasing the securities of a
participating institution. Any such securities shall have the same
principal amounts, maturities and interest rates as the bonds so
being issued, may be secured by a first mortgage lien on the
educational facility or cultural facility so being financed or by a
first mortgage lien or security interests in other real or personal
property acceptable to the Authority and created by a mortgage
instrument or security agreement satisfactory to the Authority, and
may be insured or guaranteed by others. Any such bonds shall be
secured by a pledge of such securities under the trust agreement or
indenture creating such bonds and, shall be payable solely out of the
payments to be made on such securities and shall not exceed in
principal amount the cost of such educational facility or cultural
facility as determined by the participating institution and approved
by the Authority. In other respects, any such bonds shall be subject
to the provisions of Section 9 (c) of this Act and the trust
agreement or indenture creating such bonds may contain such of the
provisions set forth in Section 9 (d) hereof as the Authority may
deem appropriate.
(b) In the event that an educational facility or cultural
facility is financed pursuant to this Section, the title to such
facility shall remain in the participating institution owning the
same, subject to the lien of the mortgage, if any, securing the
securities then being purchased, and there shall be no lease of such
facility between the Authority and such participating institution.
(c) The provisions of Section 8 of this Act shall not apply to
any educational facility or cultural facility financed pursuant to
this Section, but the Authority shall return the securities, if any,
purchased through the issuance of bonds hereunder to the
participating institution issuing such securities when such bonds
have been fully paid and retired or when adequate provision has been
864 JOURNAL OF THE [March 11, 1999]
made to pay and retire the same fully and all other conditions of the
trust agreement or indenture creating such bonds have been satisfied
and the lien thereof has been released in accordance with the
provisions thereof.
(Source: P.A. 88-555, eff. 7-27-94.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1310. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Aging,
adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1310
AMENDMENT NO. 1. Amend House Bill 1310, on page 1, lines 12 and
13, by deleting "to applicants for a license as a registered
professional nurse under"; and
on page 1, line 18, after "Act", by inserting "and suspicions of
abuse or neglect with respect to an eligible adult under Section 4 of
the Elder Abuse and Neglect Act".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1511. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Juidiciary II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1511
AMENDMENT NO. 1. Amend House Bill 1511 on page 1, line 8, by
changing "and" to ", and"; and
on page 1, line 9, by inserting ", kidnapping, and aggravated
kidnapping" after "stalking"; and
on page 1, line 12, by changing "or" to ", or"; and
on page 1, line 13, by inserting after the comma the following:
"kidnapping, or aggravated kidnapping,"; and
on page 2, line 10, by changing "or" to ", or"; and
on page 2, line 11 by changing "offense" to ", kidnapping, or
aggravated kidnapping offense"; and
on page 2, by replacing line 16 with the following:
", or aggravated stalking, kidnapping, or aggravated kidnapping;
and"; and
on page 5, by replacing line 31 with the following:
"person charged with stalking, or aggravated stalking, kidnapping, or
aggravated kidnapping:".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1722. Having been printed, was taken up and read by
HOUSE OF REPRESENTATIVES 865
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1722
AMENDMENT NO. 1. Amend House Bill 1722 by replacing the title
with the following:
"AN ACT to amend the Higher Education Student Assistance Act by
changing Sections 65.15 and 65.40."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Higher Education Student Assistance Act is
amended by changing Sections 65.15 and 65.40 as follows:
(110 ILCS 947/65.15)
Sec. 65.15. Special education teacher Teachers scholarships.
(a) There shall be awarded annually at the end of each school
year 250 scholarships to persons qualifying as members of either of
the following groups:
(1) Students who are otherwise qualified to receive a
scholarship as provided in subsections (b) and (c) of this
Section and who make application to the Commission for such
scholarship and agree to take courses that will prepare the
student for the teaching of children described in Section 14-1 of
the School Code.
(2) Persons holding a valid certificate issued under the
laws relating to the certification of teachers and who make
application to the Commission for such scholarship and agree to
take courses that will prepare them for the teaching of children
described in Section 14-1 of the School Code.
Scholarships awarded under this Section shall be issued pursuant
to regulations promulgated by the Commission; provided that no rule
or regulation promulgated by the State Board of Education prior to
the effective date of this amendatory Act of 1993 pursuant to the
exercise of any right, power, duty, responsibility or matter of
pending business transferred from the State Board of Education to the
Commission under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of the
Commission until modified or changed by the Commission in accordance
with law.
For the purposes of this Section scholarships awarded each school
year shall be deemed to be issued on July 1 of the year prior to in
which the start of the postsecondary school term ends and all
calculations for use of the scholarship shall be based on such date.
Each scholarship shall entitle its holder to exemption from fees as
provided in subsection (a) of Section 65.40 while enrolled in a
special education program of teacher education, for a period of not
more than 4 calendar years and shall be available for use at any time
during such period of study except as provided in subsection (b) of
Section 65.40.
Scholarships issued to holders of a valid certificate issued
under the laws relating to the certification of teachers as provided
in paragraph (2) of this subsection may also entitle the holder
thereof to a program of teacher education that will prepare the
student for the teaching of children described in Section 14-1 of the
School Code at the graduate level.
(b) On or before March 1 in Each year, the principal, or his or
her designee, of each recognized public, private and parochial high
school maintaining the twelfth grade shall certify to the Commission
regional superintendent of schools of the county in which such high
school is located the names and addresses of all students who are
866 JOURNAL OF THE [March 11, 1999]
completing an application with the intent to prepare to teach in any
recognized public, private, or parochial school of Illinois and
ranked scholastically in the upper one-half of their graduating class
or, for those not yet and who graduated, whose from such school
during the preceding school year in the order of their scholastic
rank in the 4-year high school course of study at the end of the
seventh semester is in the upper one-half of their class. The name of
no student shall be so certified unless the student signifies in a
letter presented to the principal the student's intention to prepare
to teach in the public schools of Illinois.
(c) The regional superintendent of schools shall on or before
May 15 of each year certify the names and addresses of students
certified to him or her for that year under subsection (b) to the
Commission, which shall issue to each student whose rank, as shown on
the list of names and addresses submitted entitled the student to a
certificate of scholarship which shall be accepted by any of the
universities designated in subsection (a) of Section 65-40 in lieu of
any entrance examination. Each holder of a scholarship must furnish
proof to the Commission, in such form and at such intervals as the
Commission prescribes, of the holder's continued enrollment in a
teacher education program qualifying the holder for the scholarship.
Any holder of a scholarship who fails to register in a special
education program of teacher education at the university within 10
days after the commencement of the term, quarter or semester
immediately following the receipt of the scholarship or who, having
registered, withdraws from the university or transfers out of teacher
education, shall thereupon forfeit the right to use it and it may be
granted to the person having the next highest scholastic rank as
shown on the list held by submitted to the Commission. If the person
having the next highest scholastic rank, within 10 days after
notification thereof by the Commission, fails to register at any such
university in a special education program of teacher education, or
who, having registered, withdraws from the university or transfers
out of teacher education, the scholarship may then be granted to the
person shown on the list as having the scholastic rank next below
such person.
If the principal of any recognized public, private and parochial
high school maintaining the twelfth grade fails to certify to the
regional superintendent of schools on or before May 1 of any year in
accordance with subsection (b) the names of a sufficient number of
students to fill the scholarship or scholarships provided for in
subsection (a), the scholarship or scholarships available to high
schools for which no names are certified shall become available to
any eligible student from any other recognized public, private and
parochial high school maintaining the twelfth grade in the region and
the scholarships available for which no names are certified, shall
become available to any eligible student. In order to fill any such
scholarship, the regional superintendent of schools shall certify on
or before May 15 of each year the name and address of any student
certified to him or her by the principal of any other school in the
region under subsection (b) to the Commission, which shall issue to
such student a certificate of scholarship as provided in this
Section.
Any scholarship that has become or becomes available to any
eligible student in the region and is not issued before June 30
following the date it was available shall be transferred to a State
pool under the Commission and may be issued to a student in a region
that has used all scholarships available to that region. In order to
obtain a scholarship in the State pool the regional superintendent of
schools shall certify to the Commission that all scholarships
available to his or her region have been filled and the name and
HOUSE OF REPRESENTATIVES 867
address of any student certified to him or her by the principal of
any school in the region under subsection (b). Upon such
certification the Commission shall issue a certificate of scholarship
from any available scholarship in the State pool.
(d) Any person who has accepted a scholarship under the
preceding subsections of this Section must, after graduation from or
termination of enrollment in a teacher education program, teach in
any recognized public, private or parochial school in this State for
at least 2 of the 5 years immediately following that graduation or
termination, excluding, however, from the computation of that 5 year
period (i) any time up to 3 4 years spent in the military service,
whether such service occurs before or after the person graduates;
(ii), and excluding from the computation of that 5 year period any
time that person is enrolled full-time in an academic program related
to the field of teaching leading to a graduate or postgraduate
degree; (iii) the time that person is temporarily totally disabled
for a period of time not to exceed 3 years, as established by the
sworn affidavit of a qualified physician; (iv) the time that person
is seeking and unable to find full time employment as a teacher at an
Illinois public, private, or parochial school; or (v) the time that
person is taking additional courses, on at least a half-time basis,
needed to obtain certification as a teacher in Illinois.
A person who has accepted a scholarship under the preceding
subsections of this Section and who has been unable to fulfill the
teaching requirements of this Section may receive a deferment from
the obligation of repayment under this subsection (d) under
guidelines established by the Commission; provided that no guideline
established for any such purpose by the State Board of Education
prior to the effective date of this amendatory Act of 1993 shall be
affected by the transfer to the Commission of the responsibility for
administering and implementing the provisions of this Section, and
all guidelines so established shall become the guidelines of the
Commission until modified or changed by the Commission.
Any such person who fails to fulfill this teaching requirement
shall pay to the Commission the amount of tuition waived by virtue of
his or her acceptance of the scholarship, together with interest at
5% per year on that amount. However, this obligation to repay the
amount of tuition waived plus interest does not apply when the
failure to fulfill the teaching requirement results from the death or
adjudication as a person under legal disability of the person holding
the scholarship, and no claim for repayment may be filed against the
estate of such a decedent or person under legal disability. Payments
received by the Commission under this subsection (d) shall be
remitted to the State Treasurer for deposit in the general revenue
fund. Each person receiving applying for such a scholarship shall be
provided with a description of the provisions copy of this subsection
(d) at the time he or she qualifies applies for the benefits of such
a scholarship.
(e) This Section is basically substantially the same as Sections
30-1, 30-2, 30-3, and 30-4a of the School Code, which are repealed by
this amendatory Act of 1993, and shall be construed as a continuation
of the teacher scholarship program established by that prior law, and
not as a new or different teacher scholarship program. The State
Board of Education shall transfer to the Commission, as the successor
to the State Board of Education for all purposes of administering and
implementing the provisions of this Section, all books, accounts,
records, papers, documents, contracts, agreements, and pending
business in any way relating to the teacher scholarship program
continued under this Section; and all scholarships at any time
awarded under that program by, and all applications for any such
scholarships at any time made to, the State Board of Education shall
868 JOURNAL OF THE [March 11, 1999]
be unaffected by the transfer to the Commission of all responsibility
for the administration and implementation of the teacher scholarship
program continued under this Section. The State Board of Education
shall furnish to the Commission such other information as the
Commission may request to assist it in administering this Section.
(Source: P.A. 88-228; 88-670, eff. 12-2-94.)
(110 ILCS 947/65.40)
Sec. 65.40. General provisions; leaves of absence.
(a) The scholarships issued under Section Sections 65.15 through
65.35 may be used at the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University, Northeastern
Illinois University, Northern Illinois University, and Western
Illinois University as provided in those Sections. Unless otherwise
indicated, the these scholarships shall be good for a period of not
more than 4 years while enrolled for residence credit and shall
exempt the holder from the payment of tuition and other necessary
fees as defined in Section 35 of this Act, or any matriculation,
graduation, activity, term or incidental fee, except any portion of a
multipurpose fee which is used for a purpose for which exemption is
not granted under this Section. Exemption shall not be granted from
any other fees, including book rental, service, laboratory, supply,
union building, hospital and medical insurance fees and any fees
established for the operation and maintenance of buildings, the
income of which is pledged to the payment of interest and principal
on bonds issued by the governing board of any university or community
college.
Any student who has been or shall be awarded a scholarship shall
be reimbursed by the appropriate university or community college for
any charges fees which he or she has paid and for which exemption is
granted under this Section, if application for such reimbursement is
made within 2 months following the school term for which the charges
fees were paid.
The holder of a scholarship shall be subject to all examinations,
rules and requirements of the university or community college in
which he or she is enrolled except as herein directed.
This Section does not prohibit the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State University, the
Board of Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of Trustees of
Illinois State University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern Illinois
University, and the Board of Trustees of Western Illinois University
for the institutions under their respective jurisdictions from
granting other scholarships.
(b) Any student enrolled in a university to which he or she is
holding a scholarship issued under Section Sections 65.15 through
65.35 who satisfies the president of the university or someone
designated by the president that the student requires leave of
absence for the purpose of earning funds to defray his or her
expenses while in attendance or on account of illness or military
service may be granted such leave and allowed a period of not to
exceed 6 years in which to complete his or her course at the
university. Time spent in the armed forces shall not be part of the 6
years.
(Source: P.A. 88-228; 89-4, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect July 1,
1999.".
There being no further amendments, the foregoing Amendment No. 1
HOUSE OF REPRESENTATIVES 869
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1773. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1773
AMENDMENT NO. 1. Amend House Bill 1773 on page 1, line 16, by
inserting "or the American Red Cross" after "Association".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1839. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Children
& Youth, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1839
AMENDMENT NO. 1. Amend House Bill 1839, on page 2, line 29, by
replacing "a report" with "an indicated report".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1858. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1858
AMENDMENT NO. 1. Amend House Bill 1858 on page 1, by replacing
lines 8 and 9 with the following:
"Sec. 8-1402. Accommodation for hearing disability Interpreter
for deaf. Whenever any deaf person is a party to any"; and
on page 1, line 20 by inserting "hearing" after "with a".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2041. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 2042. Having been recalled on March 11, 1999, and
held on the order of Second Reading, the same was again taken up and
advanced to the order of Third Reading.
870 JOURNAL OF THE [March 11, 1999]
HOUSE BILL 2103. 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 HOUSE BILL 2103
AMENDMENT NO. 1. Amend House Bill 2103, on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT in relation to certain notifications to public housing
agencies."; and
on page 2, line 10, by inserting after "person" the following:
"adjudicated delinquent for an offense that if committed by an adult
would be a felony who is in the custody of the Department of
Corrections or a person"; and
on page 2, by inserting between lines 32 and 33 the following:
"Section 10. The Probation and Probation Officers Act is amended
by changing Section 12 as follows:
(730 ILCS 110/12) (from Ch. 38, par. 204-4)
Sec. 12. The duties of probation officers shall be:
(1) To investigate as required by section 5-3-1 of the "Unified
Code of Corrections", approved July 26, 1972, as amended, the case of
any person to be placed on probation. Full opportunity shall be
afforded a probation officer to confer with the person under
investigation when such person is in custody.
(2) To notify the court of any previous conviction for crime or
previous probation of any defendant invoking the provisions of this
act.
(3) All reports and notifications required in this Act to be
made by probation officers shall be in writing and shall be filed by
the clerk in the respective cases.
(4) To preserve complete and accurate records of cases
investigated, including a description of the person investigated, the
action of the court with respect to his case and his probation, the
subsequent history of such person, if he becomes a probationer,
during the continuance of his probation, which records shall be open
to inspection by any judge or by any probation officer pursuant to
order of court, but shall not be a public record, and its contents
shall not be divulged otherwise than as above provided, except upon
order of court.
(5) To take charge of and watch over all persons placed on
probation under such regulations and for such terms as may be
prescribed by the court, and giving to each probationer full
instructions as to the terms of his release upon probation and
requiring from him such periodical reports as shall keep the officer
informed as to his conduct.
(6) To develop and operate programs of reasonable public or
community service for any persons ordered by the court to perform
public or community service, providing, however, that no probation
officer or any employee of a probation office acting in the course of
his official duties shall be liable for any tortious acts of any
person performing public or community service except for wilful
misconduct or gross negligence on the part of the probation officer
or employee.
(7) When any person on probation removes from the county where
his offense was committed, it shall be the duty of the officer under
whose care he was placed to report the facts to the probation officer
in the county to which the probationer has removed; and it shall
thereupon become the duty of such probation officer to take charge of
and watch over said probationer the same as if the case originated in
HOUSE OF REPRESENTATIVES 871
that county; and for that purpose he shall have the same power and
authority over said probationer as if he had been originally placed
in said officer's charge; and such officer shall be required to
report in writing every 6 months, or more frequently upon request the
results of his supervision to the probation officer in whose charge
the said probationer was originally placed by the court.
(8) To authorize travel permits to individuals under their
supervision unless otherwise ordered by the court.
(9) To perform such other duties as are provided for in this act
or by rules of court and such incidental duties as may be implied
from those expressly required.
(10) To send written notification to a public housing agency if
a person on probation for a felony who is under the supervision of
the probation officer informs the probation officer that he or she
has resided, resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by that public housing
agency.
(Source: P.A. 86-639.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2323. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2323
AMENDMENT NO. 1. Amend House Bill 2323 on page 2, in line 27,
after the semicolon, by inserting "(1.5) the property index number
(PIN) of the real estate for which the variation is requested;".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2642. 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 HOUSE BILL 2642
AMENDMENT NO. 1. Amend House Bill 2642, on page 1, line 2, by
replacing "Section 4" with "Sections 4 and 5"; and
on page 1, line 6, by replacing "Section 4" with "Sections 4 and 5";
and
on page 6, immediately below line 15, by inserting the following:
"(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
Sec. 5. (a) Except as otherwise provided in this Section, within
30 days after the beginning of each State fiscal year, each person
who possessed a valid operating license issued by the NRC for a
nuclear power reactor or a spent fuel storage facility during any
portion of the previous fiscal year shall pay to the Department the
fees imposed by Section 4 of this Act. The one-time facility charge
assessed pursuant to subparagraph (1) of Section 4 shall be paid to
the Department not less than 2 years prior to scheduled commencement
872 JOURNAL OF THE [March 11, 1999]
of commercial operation. The additional facility charge assessed
pursuant to subparagraph (2) of Section 4 shall be paid to the
Department within 90 days of June 30, 1982. Fees assessed pursuant to
subparagraph (3) of Section 4 for State fiscal year 1992 shall be
payable as follows: $400,000 due on August 1, 1991, and $525,000 due
on January 1, 1992. Fees assessed pursuant to subparagraph (3) of
Section 4 for State fiscal year 1993 and subsequent fiscal years
shall be due and payable in two equal payments on July 1 and January
1 during the fiscal year in which the fee is due. Fees assessed
pursuant to subparagraph (4) of Section 4 shall be paid in six
payments, the first, in the amount of $400,000, shall be due and
payable 30 days after the effective date of this Amendatory Act of
1984. Subsequent payments shall be in the amount of $200,000 each,
and shall be due and payable annually on August 1, 1985 through
August 1, 1989, inclusive. Fees assessed under the provisions of
subparagraphs (6) and (7) of Section 4 of this Act shall be paid on
or before January 1, 1990. Fees assessed under the provisions of
subparagraphs (8) and (9) of Section 4 of this Act shall be paid on
or before January 1st of each year, beginning January 1, 1990. Fees
assessed under the provisions of subparagraphs (10) and (11) of
Section 4 of this Act shall be paid to the Department within 60 days
after completion of such shipments within this State. Fees assessed
pursuant to subparagraph (12) of Section 4 shall be paid to the
Department by each person who possessed a valid operating license
issued by the NRC for a nuclear power reactor during any portion of
the previous State fiscal year as follows: the fee due in fiscal year
1988 shall be paid on January 15, 1988, the fee due in fiscal year
1989 shall be paid on December 1, 1988, and subsequent fees shall be
paid annually on December 1, 1989 through December 1, 1990.
(b) Fees assessed pursuant to paragraph (3.5) of Section 4 for
State fiscal years 1999 and 2000 shall be due and payable in 2 equal
payments on July 1 and January 1 during the fiscal year in which the
fee is due. The fee due on July 1, 1998 shall be payable on that
date, or within 10 days after the effective date of this amendatory
Act of 1998, whichever is later.
(c) Any person who fails to pay a fee assessed under Section 4
of this Act within 90 days after the fee is payable is liable in a
civil action for an amount not to exceed 4 times the amount assessed
and not paid. The action shall be brought by the Attorney General at
the request of the Department. If the action involves a fixed
facility in Illinois, the action shall be brought in the Circuit
Court of the county in which the facility is located. If the action
does not involve a fixed facility in Illinois, the action shall be
brought in the Circuit Court of Sangamon County.
(Source: P.A. 90-601, eff. 6-26-98.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2726. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 2730. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
HOUSE OF REPRESENTATIVES 873
Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2730
AMENDMENT NO. 1. Amend House Bill 2730 on page 1, by replacing
lines 8 through 10 with the following:
"Sec. 9.29. Credit for occupational service study. The Board
shall conduct a study and develop recommendations in relation to
allowing a person to earn college credit for occupational service.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: HOUSE
BILL 2733.
HOUSE BILL 2774. 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 HOUSE BILL 2774
AMENDMENT NO. 1. Amend House Bill 2774 on page 1 by replacing
lines 1 and 2 with the following:
"AN ACT relating to insurance companies."; and
on page 1, line 6, by changing "356h" to "245, 356h"; and
on page 1 by inserting immediately below line 6 the following:
"(215 ILCS 5/245) (from Ch. 73, par. 857)
Sec. 245. Salaries; pensions.
(1) No domestic life company shall directly or indirectly pay
any salary, compensation or emolument to any officer, trustee or
director thereof, or any salary, compensation or emolument amounting
in any year to more than $200,000 $100,000 to any person, firm or
corporation, unless such payment be first authorized by a vote of the
board of directors of such company, which vote shall be duly recorded
in the records of the company. No such domestic life company shall
make any agreement with any of its officers, trustees or salaried
employees whereby it agrees that for any services rendered or to be
rendered he shall receive any salary, compensation or emolument,
directly or indirectly, that will extend beyond a period of three
years from the date of such agreement except that payment of an
amount not in excess of 20% of the salary of any of its officers,
trustees, or salaried employees may by written agreement be deferred
beyond such period of three years, which agreement may include
conditions to be met by such officer, trustee, or salaried employee
before payment will be made. The limitation as to time contained
herein shall not apply to a contract for renewal commissions with any
such officer, trustee or salaried employee who is also an agent of
the company nor shall such limitation be construed as preventing a
domestic company from entering into contracts with its agents for the
payment of renewal commissions.
(2) No such life company shall grant any pension to any officer,
director or trustee thereof or to any member of his family after his
death except that it may provide a pension pursuant to the terms of
the uniform retirement plan adopted by the board of directors and for
any person who is or has been a salaried officer or employee of such
874 JOURNAL OF THE [March 11, 1999]
company and who may retire by reason of age or disability.
(3) No such company shall hereafter create or establish any
account or fund for the purpose of promoting the health or welfare of
its employees except from annual accretions to earned surplus
computed in the manner provided by this Code. Contributions to such
fund by any company in any calendar year shall not exceed 15% of the
accretion to earned surplus in such calendar year. Before such
account or fund shall be established, maintained or operated, the
plan for such account or fund and its method of operation shall be
approved by the board of directors of the company, and submitted to
the shareholders in the case of a stock company, or members in the
case of a mutual company, at a special meeting called for the purpose
of considering such plan. Contributions to the fund from sources
other than the company may be provided for in the operation of the
plan. No amount held in such fund or account whether contributed by
the company or from any other source shall be considered an admitted
asset as defined in this Code, nor considered in determining the
solvency of such company, nor be subject to the provisions of this
Code.
(Source: P.A. 86-384.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2826. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Agriculture & Conservation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2826
AMENDMENT NO. 1. Amend House Bill 2826 on page 10, line 25, by
replacing "accordance with the Animal Control Act" with "a humane
manner".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 107. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILL 496. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILL 1743. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
HOUSE OF REPRESENTATIVES 875
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILL 2045. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILL 2176. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Hannig, HOUSE BILL 470 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative McKeon, HOUSE BILL 476 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hoffman, HOUSE BILL 1365 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
876 JOURNAL OF THE [March 11, 1999]
HOUSE BILL 928. 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 HOUSE BILL 928
AMENDMENT NO. 1. Amend House Bill 928 by replacing the title
with the following:
"AN ACT to amend the Property Tax Code by changing Sections 5-5,
12-50, 16-95, 16-125, and 16-160."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing
Sections 5-5, 12-50, 16-95, 16-125, and 16-160 as follows:
(35 ILCS 200/5-5)
Sec. 5-5. Election of board of review; counties of 3,000,000 or
more.
(a) In counties with 3,000,000 or more inhabitants, on the first
Tuesday after the first Monday in November 1994, 2 commissioners of
the board of appeals shall be elected to hold office from the first
Monday in December following their election and until the first
Monday in December 1998. In case of any vacancy, the chief judge of
the circuit court or any judge of that circuit designated by the
chief judge shall fill the vacancy by appointment. The commissioners
shall be electors in the particular county at the time of their
election or appointment and shall hold no other lucrative public
office or public employment. Each commissioner shall receive
compensation fixed by the county board, which shall be paid out of
the county treasury and which shall not be changed during the term
for which any commissioner is elected or appointed. Effective the
first Monday in December 1998, the board of appeals is abolished.
The board of appeals shall maintain sufficient evidentiary
records to support all decisions made by the board of appeals. All
records, data, sales/ratio studies, and other information necessary
for the board of review elected under subsection (c) to perform its
functions and duties shall be transferred by the board of appeals to
the board of review on the first Monday in December 1998.
(b) (Blank).
(c) In each county with 3,000,000 or more inhabitants, there is
created a board of review. The board of review shall consist of 3
members, each titled as commissioner, one elected from each election
district in the county at the general election in 1998 to hold office
for a term beginning on the first Monday in December following their
election and until their respective successors are elected and
qualified.
No later than June 1, 1996, the General Assembly shall establish
the boundaries for the 3 election districts in each county with
3,000,000 or more inhabitants. The election districts shall be
compact, contiguous, and have substantially the same population based
on the 1990 federal decennial census. One district shall be
designated as the first election district, one as the second election
district, and one as the third election district. The member from
each district shall be elected to a term of 4 years.
In the year following each federal decennial census, the General
Assembly shall reapportion the election districts to reflect the
results of the census. The reapportioned districts shall be compact,
contiguous, and contain substantially the same population. The member
from the first district shall be elected to terms of 4 years, 4
years, and 2 years. The member from the second district shall be
elected to terms of 4 years, 2 years, and 4 years. The member from
HOUSE OF REPRESENTATIVES 877
the third district shall be elected to terms of 2 years, 4 years, and
4 years.
In case of vacancy, the chief judge of the circuit court or any
judge of the circuit court designated by the chief judge shall fill
the vacancy by appointment of a person from the same political party.
If the vacancy is filled with more than 28 months remaining in the
term, the appointed member shall serve until the next general
election, at which time a member shall be elected to serve for the
remainder of the term. If a vacancy is filled with 28 months or less
remaining in the term, the appointment shall be for the remainder of
the term. The members shall be electors within their respective
election district at the time of their election or appointment and
shall hold no other lucrative public office or public employment.
Each member shall receive compensation fixed by the county board,
which shall be paid from the county treasury. Compensation for each
member shall be equitable and shall not be changed during the term
for which that member is elected or appointed. The county shall
provide suitable office space for the board of review.
For the year beginning on the first Monday in December 1998 and
ending the first Monday in December 1999, and every fourth year
thereafter, the chair of the board shall be the member elected from
the first district. For the year beginning the first Monday in
December 1999 and ending the first Monday in December 2000, and every
fourth year thereafter, the chair of the board shall be the member
elected from the second district. For the year beginning the first
Monday in December 2000 and ending the first Monday in December 2001,
and every fourth year thereafter, the chair shall be the member
elected from the third district. For the year beginning the first
Monday in December 2001 and ending the first Monday in December 2002,
and every fourth year thereafter, the chair of the board shall be
determined by lot.
On and after the first Monday in December, 1998, any reference in
this Code to a board of appeals shall mean the board of review
created under this subsection. The board of review succeeds to the
powers and duties of the board of appeals and has any powers and
duties granted to it under this Code. All action of the board of
review shall be by a majority vote of its members.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/12-50)
Sec. 12-50. Mailed notice to taxpayer after change by board of
review or board of appeals. If final board of review or board of
appeals action regarding any property, including equalization under
Section 16-60 or Section 16-65, results in an increased or decreased
assessment, the board shall mail a notice to the taxpayer, at his or
her address as it appears in the assessment records, whose property
is affected by such action, and in the case of a complaint filed with
a board of review under Section 16-25 or 16-115, to the taxing body
filing the complaint. A copy shall be given to the assessor or chief
county assessment officer if his or her assessment was reversed or
modified by the board. Written notice shall also be given to any
taxpayer who filed a complaint in writing with the board and whose
assessment was not changed. The notice shall set forth the assessed
value prior to board action; the assessed value after final board
action but prior to any equalization; and the assessed value as
equalized by the board, if the board equalizes. This notice shall
state that the value as certified to the county clerk by the board
will be the locally assessed value of the property for that year and
each succeeding year, unless revised in a succeeding year in the
manner provided in this Code. The written notice shall also set forth
specifically the facts upon which the board's decision is based. In
counties with less than 3,000,000 inhabitants, the notice and shall
878 JOURNAL OF THE [March 11, 1999]
also contain the following statement: "You may appeal this decision
to the Property Tax Appeal Board by filing a petition for review with
the Property Tax Appeal Board within 30 days after this notice is
mailed to you or your agent, or is personally served upon you or your
agent"; except that, in counties with 3,000,000 or more inhabitants
the statement shall be included in the written notice (i) for
residential property with 6 units or less beginning with assessments
made for the 1996 assessment year and (ii) for all other property in
counties with 3,000,000 or more inhabitants beginning with
assessments made for the 1997 assessment year. In counties with
3,000,000 or more inhabitants, the notice shall also contain the
following statement: "You may appeal this decision to the Property
Tax Appeal Board by filing a petition for review with the Property
Tax Appeal Board within 30 days after the date of this notice or
within 30 days after the date that the Board of Review transmits to
the county assessor pursuant to Section 16-125 its final action on
the township in which your property is located, whichever is later".
The Board shall publish its transmittal date of final action on each
township in at least one newspaper of general circulation in the
county. The changes made by this amendatory Act of the 91st General
Assembly apply to the 1999 assessment year and thereafter.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-95)
Sec. 16-95. Powers and duties of board of appeals or review;
complaints. In counties with 3,000,000 or more inhabitants, until
the first Monday in December 1998, the board of appeals in any year
shall, on complaint that any property is overassessed or
underassessed, or is exempt, review and order the assessment
corrected.
Beginning the first Monday in December 1998 and thereafter, in
counties with 3,000,000 or more inhabitants, the board of review:
(1) shall, on upon written complaint of any taxpayer, or
any taxing district that has an interest in the assessment, that
any property is overassessed, underassessed, or exempt, review
the assessment and confirm upon good cause shown, revise,
correct, alter, or modify the any assessment, as appears to be
just (or part of an assessment) of any real property; nothing in
this Section, however, shall be construed to require a taxpayer
to file a complaint with the board; and
(2) may, upon written motion of any one or more members of
the board that is made on or before the dates specified in
notices given under Section 16-110 for each township and upon
good cause shown, revise, correct, alter, or modify any
assessment (or part of an assessment) of real property regardless
of whether the taxpayer or owner of the property has filed a
complaint with the board.
An assessment shall not be increased until the person to be
affected has been notified and given an opportunity to be heard.
Before making any reduction in assessments of its own motion, the
board shall give notice to the assessor or No assessment may be
changed by the board on its own motion until the taxpayer in
whose name the property is assessed and the chief county
assessment officer who certified the assessment have been
notified and given, and give the assessor or chief county
assessment officer an opportunity to be heard thereon. All taxing
districts shall have an opportunity to be heard on the matter.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-125)
Sec. 16-125. Hearings. In counties with 3,000,000 or more
inhabitants, complaints filed with the board of appeals (until the
first Monday in December 1998 and the board of review beginning the
HOUSE OF REPRESENTATIVES 879
first Monday in December 1998 and thereafter) shall be classified by
townships. All complaints shall be docketed numerically, in the order
in which they are presented, as nearly as possible, in books or
computer records kept for that purpose, which shall be open to public
inspection. The complaints shall be considered by townships until
they have been heard and passed upon by the board. After completing
final action on all matters in a township, the board shall transmit
such final actions to the county assessor.
A hearing upon any complaint shall not be held until the taxpayer
affected and the county assessor have each been notified and have
been given an opportunity to be heard. All hearings shall be open to
the public and the board shall sit together and hear the
representations of the interested parties or their representatives.
An order for a correction of any assessment shall not be made unless
both commissioners of the board, or a majority of the members in the
case of a board of review, concur therein, in which case, an order
therefor shall be made in open session and entered in the records of
the board. When an assessment is ordered corrected, the board shall
transmit a computer printout of the results, or make and sign a brief
written statement of the reason for the change and the manner in
which the method used by the assessor in making the assessment was
erroneous, and shall deliver a copy of the statement to the county
assessor. Upon request the board shall hear any taxpayer in
opposition to a proposed reduction in any assessment.
The board may destroy or otherwise dispose of complaints and
records pertaining thereto after the lapse of 10 years from the date
of filing.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-160)
Sec. 16-160. Property Tax Appeal Board; process. In counties
with 3,000,000 or more inhabitants, beginning with assessments made
for the 1996 assessment year for residential property of 6 units or
less and beginning with assessments made for the 1997 assessment year
for all other property, and for all property in any county other than
a county with 3,000,000 or more inhabitants, any taxpayer
dissatisfied with the decision of a board of review or board of
appeals as such decision pertains to the assessment of his or her
property for taxation purposes, or any taxing body that has an
interest in the decision of the board of review or board of appeals
on an assessment made by any local assessment officer, may, (i) in
counties with less than 3,000,000 inhabitants within 30 days after
the date of written notice of the decision of the board of review or
(ii) in assessment year 1999 and thereafter in counties with
3,000,000 or more inhabitants within 30 days after the date of the
board of review notice or within 30 days after the date that the
board of review transmits to the county assessor pursuant to Section
16-125 its final action on the township in which the property is
located, whichever is later Board of Appeals, appeal the decision to
the Property Tax Appeal Board for review. In any appeal where the
board of review or board of appeals has given written notice of the
hearing to the taxpayer 30 days before the hearing, failure to appear
at the board of review or board of appeals hearing shall be grounds
for dismissal of the appeal unless a continuance is granted to the
taxpayer. If an appeal is dismissed for failure to appear at a board
of review or board of appeals hearing, the Property Tax Appeal Board
shall have no jurisdiction to hear any subsequent appeal on that
taxpayer's complaint. Such taxpayer or taxing body, hereinafter
called the appellant, shall file a petition with the clerk of the
Property Tax Appeal Board, setting forth the facts upon which he or
she bases the objection, together with a statement of the contentions
of law which he or she desires to raise, and the relief requested. If
880 JOURNAL OF THE [March 11, 1999]
a petition is filed by a taxpayer, the taxpayer is precluded from
filing objections based upon valuation, as may otherwise be permitted
by Sections 21-175 and 23-5. However, any taxpayer not satisfied with
the decision of the board of review or board of appeals as such
decision pertains to the assessment of his or her property need not
appeal the decision to the Property Tax Appeal Board before seeking
relief in the courts. The changes made by this amendatory Act of the
91st General Assembly shall be effective beginning with the 1999
assessment year.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
Floor Amendment No. 2 remained in the Committee on Rules.
Representative Saviano offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 928
AMENDMENT NO. 3. Amend House Bill 928, AS AMENDED, in Section 5
by replacing Sec. 5-5 with the following:
"(35 ILCS 200/5-5)
Sec. 5-5. Election of commissioners of board of review; counties
of 3,000,000 or more.
(a) In counties with 3,000,000 or more inhabitants, on the first
Tuesday after the first Monday in November 1994, 2 commissioners of
the board of appeals shall be elected to hold office from the first
Monday in December following their election and until the first
Monday in December 1998. In case of any vacancy, the chief judge of
the circuit court or any judge of that circuit designated by the
chief judge shall fill the vacancy by appointment. The commissioners
shall be electors in the particular county at the time of their
election or appointment and shall hold no other lucrative public
office or public employment. Each commissioner shall receive
compensation fixed by the county board, which shall be paid out of
the county treasury and which shall not be changed during the term
for which any commissioner is elected or appointed. Effective the
first Monday in December 1998, the board of appeals is abolished.
The board of appeals shall maintain sufficient evidentiary
records to support all decisions made by the board of appeals. All
records, data, sales/ratio studies, and other information necessary
for the board of review elected under subsection (c) to perform its
functions and duties shall be transferred by the board of appeals to
the board of review on the first Monday in December 1998.
(b) (Blank).
(c) In each county with 3,000,000 or more inhabitants, there is
created a board of review. The board of review shall consist of 3
commissioners members, one elected from each election district in the
county at the general election in 1998 to hold office for a term
beginning on the first Monday in December following their election
and until their respective successors are elected and qualified.
No later than June 1, 1996, the General Assembly shall establish
the boundaries for the 3 election districts in each county with
3,000,000 or more inhabitants. The election districts shall be
compact, contiguous, and have substantially the same population based
on the 1990 federal decennial census. One district shall be
designated as the first election district, one as the second election
district, and one as the third election district. The commissioner
member from each district shall be elected to a term of 4 years.
HOUSE OF REPRESENTATIVES 881
In the year following each federal decennial census, the General
Assembly shall reapportion the election districts to reflect the
results of the census. The reapportioned districts shall be compact,
contiguous, and contain substantially the same population. The
commissioner member from the first district shall be elected to terms
of 4 years, 4 years, and 2 years. The commissioner member from the
second district shall be elected to terms of 4 years, 2 years, and 4
years. The commissioner member from the third district shall be
elected to terms of 2 years, 4 years, and 4 years.
In case of vacancy, the chief judge of the circuit court or any
judge of the circuit court designated by the chief judge shall fill
the vacancy by appointment of a person from the same political party.
If the vacancy is filled with more than 28 months remaining in the
term, the appointed commissioner member shall serve until the next
general election, at which time a commissioner member shall be
elected to serve for the remainder of the term. If a vacancy is
filled with 28 months or less remaining in the term, the appointment
shall be for the remainder of the term. The commissioners members
shall be electors within their respective election district at the
time of their election or appointment and shall hold no other
lucrative public office or public employment.
Each commissioner member shall receive compensation fixed by the
county board, which shall be paid from the county treasury.
Compensation for each commissioner member shall be equitable and
shall not be changed during the term for which that commissioner
member is elected or appointed. The county shall provide suitable
office space for the board of review.
For the year beginning on the first Monday in December 1998 and
ending the first Monday in December 1999, and every fourth year
thereafter, the chair of the board shall be the commissioner member
elected from the first district. For the year beginning the first
Monday in December 1999 and ending the first Monday in December 2000,
and every fourth year thereafter, the chair of the board shall be the
commissioner member elected from the second district. For the year
beginning the first Monday in December 2000 and ending the first
Monday in December 2001, and every fourth year thereafter, the chair
shall be the commissioner member elected from the third district.
For the year beginning the first Monday in December 2001 and ending
the first Monday in December 2002, and every fourth year thereafter,
the chair of the board shall be determined by lot.
On and after the first Monday in December, 1998, any reference in
this Code to a board of appeals shall mean the board of review
created under this subsection, and any reference to a member of a
board of review shall mean a commissioner of a board of review. The
board of review succeeds to the powers and duties of the board of
appeals and has any powers and duties granted to it under this Code.
All action of the board of review shall be by a majority vote of its
commissioners members.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
882 JOURNAL OF THE [March 11, 1999]
On motion of Representative Beaubien, HOUSE BILL 1294 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 19)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Wojcik, HOUSE BILL 471 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:
88, Yeas; 13, Nays; 11, Answering Present.
(ROLL CALL 20)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Shirley Jones, HOUSE BILL 2149 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:
112, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 21)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Stephens, HOUSE BILL 573 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:
113, Yeas; 1, Nays; 1, Answering Present.
(ROLL CALL 22)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Erwin, HOUSE BILL 1331 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:
110, Yeas; 5, Nays; 0, Answering Present.
(ROLL CALL 23)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Cross, HOUSE BILL 1964 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:
101, Yeas; 13, Nays; 1, Answering Present.
(ROLL CALL 24)
HOUSE OF REPRESENTATIVES 883
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Garrett, HOUSE BILL 2679 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 25)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Bellock, HOUSE BILL 895 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 26)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Holbrook, HOUSE BILL 831 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 27)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Beaubien, HOUSE BILL 1476 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
91, Yeas; 23, Nays; 1, Answering Present.
(ROLL CALL 28)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Coulson, HOUSE BILL 2272 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:
113, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 29)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
884 JOURNAL OF THE [March 11, 1999]
By unanimous consent, on motion of Representative Wojcik, HOUSE
BILL 1340 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Steve Davis,
HOUSE BILL 112 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
By unanimous consent, on motion of Representative Skinner, HOUSE
BILL 390 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Cross, HOUSE
BILL 649 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1399. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Children
& Youth, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1399
AMENDMENT NO. 1. Amend House Bill 1399 on page 2, by replacing
lines 13 through 17 with the following:
"Those children who are in the categories set forth in
subdivisions (4)(F) and (4)(G) of this subsection, who enter the
United States on or after August 22, 1996, shall not be eligible for
5 years beginning on the date the child entered the United States.".
Representative Silva moved to table Amendment No. 1.
And on that motion, a vote was taken resulting as follows:
109, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 30)
The motion prevailed and the amendment was tabled.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 2631. Having been printed, was taken up and read by
title a second time.
Representative Smith offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2631
AMENDMENT NO. 1. Amend House Bill 2631 by replacing everything
after the enacting clause with the following:
"Section 5. The Drycleaner Environmental Response Trust Fund Act
is amended by changing Sections 5, 10, 40, 45, 60, 75, 80, and 85 as
follows:
(415 ILCS 135/5)
Sec. 5. Definitions. As used in this Act:
(a) "Active drycleaning facility" means a drycleaning facility
actively engaged in drycleaning operations and licensed under Section
HOUSE OF REPRESENTATIVES 885
60 of this Act.
(b) "Agency" means the Illinois Environmental Protection Agency.
(c) "Claimant" means an owner or operator of a drycleaning
facility who has applied for reimbursement from the remedial account
or who has submitted a claim under the insurance account with
respect to a release.
(d) "Council" means the Drycleaner Environmental Response Trust
Fund Council.
(e) "Drycleaner Environmental Response Trust Fund" or "Fund"
means the fund created under Section 10 of this Act.
(f) "Drycleaning facility" means a facility located in this
State that is or has been engaged in drycleaning operations for the
general public, other than a:
(1) facility located on a United States military base;
(2) industrial laundry, commercial laundry, or linen supply
facility;
(3) prison or other penal institution that engages in
drycleaning only as part of a Correctional Industries program to
provide drycleaning to persons who are incarcerated in a prison
or penal institution or to resident patients of a State-operated
mental health facility;
(4) not-for-profit hospital or other health care facility;
or a
(5) facility located or formerly located on federal or
State property.
(g) "Drycleaning operations" means drycleaning of apparel and
household fabrics for the general public, as described in Standard
Industrial Classification Industry No. 7215 and No. 7216 in the
Standard Industrial Classification Manual (SIC) by the Technical
Committee on Industrial Classification.
(h) "Drycleaning solvent" means a chlorine-based or
hydrocarbon-based formulation or product that is used as a primary
cleaning agent in drycleaning operations.
(i) "Emergency" or "emergency action" means a situation or an
immediate response to a situation to protect public health or safety.
"Emergency" or "emergency action" does not mean removal of
contaminated soils, recovery of free product, or financial hardship.
An "emergency" or "emergency action" would normally be expected to
be directly related to a sudden event or discovery and would last
until the threat to public health is mitigated.
(j) "Groundwater" means underground water that occurs within the
saturated zone and geologic materials where the fluid pressure in the
pore space is equal to or greater than the atmospheric pressure.
(k) "Inactive drycleaning facility" means a drycleaning facility
that is not being used for drycleaning operations and is not
registered under this Act.
(l) "Maintaining a place of business in this State" or any like
term means (1) having or maintaining within this State, directly or
through a subsidiary, an office, distribution facility, distribution
house, sales house, warehouse, or other place of business or (2)
operating within this State as an agent or representative for a
person or a person's subsidiary engaged in the business of selling to
persons within this State, irrespective of whether the place of
business or agent or other representative is located in this State
permanently or temporary, or whether the person or the person's
subsidiary engages in the business of selling in this State.
(m) "No Further Remediation Letter" means a letter provided by
the Agency pursuant to Section 58.10 of Title XVII of the
Environmental Protection Act.
(n) "Operator" means a person or entity holding a business
license to operate a licensed drycleaning facility or the business
886 JOURNAL OF THE [March 11, 1999]
operation of which the drycleaning facility is a part.
(o) "Owner" means (1) a person who owns or has possession or
control of a drycleaning facility at the time a release is
discovered, regardless of whether the facility remains in operation
or (2) a parent corporation of the person under item (1) of this
subdivision.
(p) "Parent corporation" means a business entity or other
business arrangement that has elements of common ownership or
control or that uses a long-term contractual arrangement with a
person to avoid direct responsibility for conditions at a
drycleaning facility.
(q) "Person" means an individual, trust, firm, joint stock
company, corporation, consortium, joint venture, or other commercial
entity.
(r) "Program year" means the period beginning on July 1 and
ending on the following June 30, except that the initial "program
year" means the period beginning on July 1, 1997 or on the effective
date of this Act and ending on June 30, 1998.
(s) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or dispersing of drycleaning
solvents from a drycleaning facility to groundwater, surface water,
or subsurface soils.
(t) "Remedial action" means activities taken to comply with
Sections 58.6 and 58.7 of the Environmental Protection Act and rules
adopted by the Pollution Control Board under those Sections.
(u) "Responsible party" means an owner, operator, or other
person financially responsible for costs of remediation of a release
of drycleaning solvents from a drycleaning facility.
(v) "Service provider" means a consultant, testing laboratory,
monitoring well installer, soil boring contractor, other contractor,
lender, or any other person who provides a product or service for
which a claim for reimbursement has been or will be filed against the
remedial account or insurance account, or a subcontractor of such a
person.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/10)
Sec. 10. Drycleaner Environmental Response Trust Fund.
(a) The Drycleaner Environmental Response Trust Fund is created
as a special fund in the State Treasury. Moneys deposited into the
Fund shall be used solely for the purposes of the Council, for the
retention by the Agency of a firm of certified public accountants to
annually examine and audit the Council's activities as described in
Section 80, and for other purposes as provided in this Act. The Fund
shall include moneys credited to the Fund under this Act and other
moneys that by law may be credited to the Fund. The State Treasurer
may invest Funds deposited into the Fund at the direction of the
Council. Interest, income from the investments, and other income
earned by the Fund shall be credited to and deposited into the Fund.
Pursuant to appropriation, all moneys in the Drycleaner
Environmental Response Trust Fund shall be disbursed by the Agency to
the Council for the purpose of making disbursements, if any, in
accordance with this Act and for the purpose of paying the ordinary
and contingent expenses of the Council. After June 30, 1999, pursuant
to appropriation, all moneys in the Drycleaner Environmental Response
Trust Fund may be used by the Council for the purpose of making
disbursements, if any, in accordance with this Act and for the
purpose of paying the ordinary and contingent expenses of the
Council. As soon as may be practicable after June 30, 1997, the
Comptroller shall order transferred and the Treasurer shall transfer
from the General Revenue Fund to the Drycleaner Environmental
Response Trust Fund $375,000 for the ordinary and contingent expenses
HOUSE OF REPRESENTATIVES 887
of the Council. As soon as may be practicable after December 31,
1997, the Comptroller shall order transferred and the Treasurer shall
transfer from the Drycleaner Environmental Response Trust Fund to the
General Revenue Fund $375,000 plus interest at the rate of 6% per
annum.
The Fund may be divided into different accounts with different
depositories to fulfill the purposes of the Act as determined by the
Council.
Moneys in the Fund at the end of a State fiscal year shall be
carried forward to the next fiscal year and shall not revert to the
General Revenue Fund.
(b) The specific purposes of the Fund include but are not
limited to the following:
(1) To establish an account to fund remedial action of
drycleaning solvent releases from drycleaning facilities as
provided by Section 40.
(2) To establish an insurance account for insuring
environmental risks from releases from drycleaning facilities
within this State as provided by Section 45.
(c) The State, the General Revenue Fund, and any other Fund of
the State, other than the Drycleaner Environmental Response Trust
Fund, shall not be liable for a claim or cause of action in
connection with a drycleaning facility not owned or operated by the
State or an agency of the State. All expenses incurred by the Fund
shall be payable solely from the Fund and no liability or obligation
shall be imposed upon the State. The State is not liable for a claim
presented against the Fund.
(d) The liability of the Fund is limited to the extent of
coverage provided by the account under which a claim is submitted,
subject to the terms and conditions of that coverage. The liability
of the Fund is further limited by the moneys made available to the
Fund, and no remedy shall be ordered that would require the Fund to
exceed its then current funding limitations to satisfy an award or
which would restrict the availability of moneys for higher priority
sites.
(e) Nothing in this Act shall be construed to limit, restrict,
or affect the authority and powers of the Agency or another State
agency or statute unless the State agency or statute is specifically
referenced and the limitation is clearly set forth in this Act.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/40)
Sec. 40. Remedial action account.
(a) The remedial action account is established to provide
reimbursement to eligible claimants for drycleaning solvent
investigation, remedial action planning, and remedial action
activities for existing drycleaning solvent contamination discovered
at their drycleaning facilities.
(b) The following persons are eligible for reimbursement from
the remedial action account:
(1) In the case of claimant who is the owner or operator of
an active drycleaning facility licensed by the Council under
this Act at the time of application for remedial action benefits
afforded under the Fund, the claimant is only eligible for
reimbursement of remedial action costs incurred in connection
with a release from that drycleaning facility, subject to any
other limitations under this Act.
(2) In the case of a claimant who is the owner of an
inactive drycleaning facility and was the owner or operator of
the drycleaning facility when it was an active drycleaning
facility, the claimant is only eligible for reimbursement of
remedial action costs incurred in connection with a release from
888 JOURNAL OF THE [March 11, 1999]
the drycleaning facility, subject to any other limitations under
this Act.
(c) An eligible claimant requesting reimbursement from the
remedial action account shall meet all of the following:
(1) The claimant demonstrates that the source of the
release is from the claimant's drycleaning facility.
(2) At the time the release was discovered by the claimant,
the claimant and the drycleaning facility were in compliance with
the Agency reporting and technical operating requirements.
(3) The claimant reported the release in a timely manner to
the Agency in accordance with State law.
(4) The claimant applying for reimbursement has not filed
for bankruptcy on or after the date of his or her discovery of
the release.
(5) If the claimant is the owner or operator of an active
drycleaning facility, the claimant has provided to the Council
proof of implementation and maintenance of the following
pollution prevention measures:
(A) That all drycleaning solvent wastes generated at a
drycleaning facility be managed in accordance with
applicable State waste management laws and rules.
(B) A prohibition on the discharge of wastewater from
drycleaning machines or of drycleaning solvent from
drycleaning operations to a sanitary sewer or septic tank or
to the surface or in groundwater.
(C) That every drycleaning facility:
(I) install a containment dike or other
containment structure around each machine or item of
equipment or the entire drycleaning area in which any
drycleaning solvent is utilized, which shall be capable
of containing any leak, spill, or release of
drycleaning solvent from that machine, item, or area;
and
(II) seal or otherwise render impervious those
portions of diked floor surfaces on which a drycleaning
solvent may leak, spill, or otherwise be released.
(D) A requirement that all drycleaning solvent shall
be delivered to drycleaning facilities by means of closed,
direct-coupled delivery systems.
(6) An active drycleaning facility has maintained
continuous financial assurance for environmental liability
coverage in the amount of at least $500,000 at least since the
date of award of benefits under this Section or July 1, 2000
1998, whichever is earlier.
(7) The release was discovered on or after July 1, 1997 and
before July 1, 2004 2002.
(d) A claimant shall submit a completed application form
provided by the Council. The application shall contain documentation
of activities, plans, and expenditures associated with the eligible
costs incurred in response to a release of drycleaning solvent from a
drycleaning facility. Application for remedial action account
benefits must be submitted to the Council on or before June 30, 2003
2002.
(e) Claimants shall be subject to the following deductible
requirements, unless modified pursuant to the Council's authority
under Section 75:
(1) An eligible claimant submitting a claim for an active
drycleaning facility is responsible for the first $5,000 of
eligible investigation costs and for the first $10,000 of
eligible remedial action costs incurred in connection with the
release from the drycleaning facility and is only eligible for
HOUSE OF REPRESENTATIVES 889
reimbursement for costs that exceed those amounts, subject to any
other limitations of this Act.
(2) An eligible claimant submitting a claim for an inactive
drycleaning facility is responsible for the first $10,000 of
eligible investigation costs and for the first $10,000 of
eligible remedial action costs incurred in connection with the
release from that drycleaning facility, and is only eligible for
reimbursement for costs that exceed those amounts, subject to any
other limitations of this Act.
(f) Claimants are subject to the following limitations on
reimbursement:
(1) Subsequent to meeting the deductible requirements of
subsection (e), and pursuant to the requirements of Section 75,
reimbursement shall not exceed:
(A) $160,000 per active drycleaning facility for which
an eligible claim is submitted during the initial program
year beginning July 1, 1999;
(B) $150,000 per active drycleaning facility for which
an eligible claim is submitted during the program year
beginning July 1, 2000 1998;
(C) $140,000 per active drycleaning facility for which
an eligible claim is submitted during the program year
beginning July 1, 2001 1999;
(D) $130,000 per active drycleaning facility for which
an eligible claim is submitted during the program year
beginning July 1, 2002 2000;
(E) $120,000 per active drycleaning facility for which
an eligible claim is submitted during the program year
beginning July 1, 2003 2001; or
(F) $50,000 per inactive drycleaning facility.
(2) A contract in which one of the parties to the contract
is a claimant, for goods or services that may be payable or
reimbursable from the Council, is void and unenforceable unless
and until the Council has found that the contract terms are
within the range of usual and customary rates for similar or
equivalent goods or services within this State and has found that
the goods or services are necessary for the claimant to comply
with Council standards or other applicable regulatory standards.
(3) A claimant may appoint the Council as an agent for the
purposes of negotiating contracts with suppliers of goods or
services reimbursable by the Fund. The Council may select
another contractor for goods or services other than the one
offered by the claimant if the scope of the proposed work or
actual work of the claimant's offered contractor does not reflect
the quality of workmanship required or if the costs are
determined to be excessive, as determined by the Council.
(4) The Council may require a claimant to obtain and submit
3 bids and may require specific terms and conditions in a
contract subject to approval.
(5) The Council may enter into a contract or an exclusive
contract with the supplier of goods or services required by a
claimant or class of claimants, in connection with an expense
reimbursable from the Fund, for a specified good or service at a
gross maximum price or fixed rate, and may limit reimbursement
accordingly.
(6) Unless emergency conditions exist, a service provider
shall obtain the Council's approval of the budget for the
remediation work before commencing the work. No expense incurred
that is above the budgeted amount shall be paid unless the
Council approves the expense prior to its being incurred. All
invoices and bills relating to the remediation work shall be
890 JOURNAL OF THE [March 11, 1999]
submitted with appropriate documentation, as deemed necessary by
the Council, not later than 30 days after the work has been
performed.
(7) Neither the Council nor an eligible claimant is
responsible for payment for costs incurred that have not been
previously approved by the Council, unless an emergency exists.
(8) The Council may determine the usual and customary costs
of each item for which reimbursement may be awarded under this
Section. The Council may revise the usual and customary costs
from time to time as necessary, but costs submitted for
reimbursement shall be subject to the rates in effect at the time
the costs were incurred.
(9) If a claimant has pollution liability insurance
coverage other than coverage provided by the insurance account
under this Act, that coverage shall be primary. Reimbursement
from the remedial account shall be limited to the deductible
amounts under the primary coverage and the amount that exceeds
the policy limits of the primary coverage, subject to the
deductible amounts of this Act. If there is a dispute between the
claimant and the primary insurance provider, reimbursement from
the remedial action account may be made to the claimant after the
claimant assigns all of his or her interests in the insurance
coverage to the Council.
(g) The source of funds for the remedial action account shall be
moneys allocated to the account by the Council according to the Fund
budget approved by the Council.
(h) A drycleaning facility will be classified as active or
inactive for purposes of determining benefits under this Section
based on the status of the facility on the date a claim is filed.
(i) Eligible claimants shall conduct remedial action in
accordance with the Site Remediation Program under the Environmental
Protection Act and Part 740 of Title 35 of the Illinois
Administrative Code and the Tiered Approach to Cleanup Objectives
under Part 742 of Title 35 of the Illinois Administrative Code.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/45)
Sec. 45. Insurance account.
(a) The insurance account shall offer financial assurance for a
qualified owner or operator of a drycleaning facility under the
terms and conditions provided for under this Section. Coverage may be
provided to either the owner or the operator of a drycleaning
facility. The Council is not required to resolve whether the owner or
operator, or both, are responsible for a release under the terms of
an agreement between the owner and operator.
(b) The source of funds for the insurance account shall be as
follows:
(1) Moneys appropriated to the Council or moneys allocated
to the insurance account by the Council according to the Fund
budget approved by the Council.
(2) Moneys collected as an insurance premium, including
service fees, if any.
(3) Investment income attributed to the insurance account
by the Council.
(c) An owner or operator may purchase coverage of up to $500,000
per drycleaning facility subject to the terms and conditions under
this Section and those adopted by the Council. Coverage shall be
limited to remedial action costs associated with soil and groundwater
contamination resulting from a release of drycleaning solvent at an
insured drycleaning facility, including third-party liability for
soil and groundwater contamination. Coverage is not provided for a
release that occurred before the date of coverage.
HOUSE OF REPRESENTATIVES 891
(d) An owner or operator, subject to underwriting requirements
and terms and conditions deemed necessary and convenient by the
Council, may purchase insurance coverage from the insurance account
provided that the drycleaning facility to be insured meets the
following conditions:
(1) a site investigation designed to identify soil and
groundwater contamination resulting from the release of a
drycleaning solvent has been completed. The Council shall
determine if the site investigation is adequate. This
investigation must be completed by June 30, 2003 2002. For
drycleaning facilities that become active after June 30, 2003
2002, the site investigation must be completed prior to issuance
of insurance coverage; and
(2) the drycleaning facility is participating in and meets
all requirements of a drycleaning compliance program approved by
the Council.
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000 initial
program year, $250 per drycleaning facility.
(2) For the year July 1, 2000 1998 through June 30, 2001
1999, $375 per drycleaning facility.
(3) For the year July 1, 2001 1999 through June 30, 2002
2000, $500 per drycleaning facility.
(4) For the year July 1, 2002 2000 through June 30, 2003
2001, $625 per drycleaning facility.
(5) For subsequent years, an owner or operator applying for
coverage shall pay an annual actuarially-sound insurance premium
for coverage by the insurance account. The Council may approve
Fund coverage through the payment of a premium established on an
actuarially-sound basis, taking into consideration the risk to
the insurance account presented by the insured. Risk factor
adjustments utilized to determine actuarially-sound insurance
premiums should reflect the range of risk presented by the
variety of drycleaning systems, monitoring systems, drycleaning
volume, risk management practices, and other factors as
determined by the Council. As used in this item, "actuarially
sound" is not limited to Fund premium revenue equaling or
exceeding Fund expenditures for the general drycleaning facility
population. Actuarially-determined premiums shall be published at
least 180 days prior to the premiums becoming effective.
(f) If coverage is purchased for any part of a year, the
purchaser shall pay the full annual premium. The insurance premium
is fully earned upon issuance of the insurance policy.
(g) The insurance coverage shall be provided with a $10,000
deductible policy.
(h) A future repeal of this Section shall not terminate the
obligations under this Section or authority necessary to administer
the obligations until the obligations are satisfied, including but
not limited to the payment of claims filed prior to the effective
date of any future repeal against the insurance account until moneys
in the account are exhausted. Upon exhaustion of the moneys in the
account, any remaining claims shall be invalid. If moneys remain in
the account following satisfaction of the obligations under this
Section, the remaining moneys and moneys due the account shall be
used to assist current insureds to obtain a viable insuring mechanism
as determined by the Council after public notice and opportunity for
comment.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/60)
(Section scheduled to be repealed on July 1, 2007)
Sec. 60. Drycleaning facility license.
892 JOURNAL OF THE [March 11, 1999]
(a) On and after January 1, 1998, no person shall operate a
drycleaning facility in this State without a license issued by the
Council.
(b) The Council shall issue an initial or renewal license to a
drycleaning facility on submission by an applicant of a completed
form prescribed by the Council and proof of payment of the required
fee to the Department of Revenue.
(c) The annual fees for licensure are as follows:
(1) $500 for a facility that purchases 140 gallons or less
of chlorine-based drycleaning solvents annually or 1400 gallons
or less of hydrocarbon-based drycleaning solvents annually.
(2) $1,000 for a facility that purchases more than 140
gallons but less than 360 gallons of chlorine-based drycleaning
solvents annually or more than 1400 gallons but less than 3600
gallons of hydrocarbon-based drycleaning solvents annually.
(3) $1,500 for a facility that purchases 360 gallons or
more of chlorine-based drycleaning solvents annually or 3600
gallons or more of hydrocarbon-based drycleaning solvents
annually.
For purpose of this subsection, the quantity of drycleaning
solvents purchased annually shall be determined as follows:
(1) in the case of an initial applicant, the quantity of
drycleaning solvents that the applicant estimates will be used
during his or her initial license year. A fee assessed under
this subdivision is subject to audited adjustment for that year;
or
(2) in the case of a renewal applicant, the quantity of
drycleaning solvents actually used in the preceding license year.
The Council may adjust licensing fees annually based on the
published Consumer Price Index - All Urban Consumers ("CPI-U") or as
otherwise determined by the Council.
(d) A license issued under this Section shall expire one year
after the date of issuance and may be renewed on reapplication to the
Council and submission of proof of payment of the appropriate fee to
the Department of Revenue in accordance with subsections (c) and (e).
At least 30 days before payment of a renewal licensing fee is due,
the Council shall attempt to:
(1) notify the operator of each licensed drycleaning
facility concerning the requirements of this Section; and
(2) submit a license fee payment form to the licensed
operator of each drycleaning facility.
(e) An operator of a drycleaning facility shall submit the
appropriate application form provided by the Council with the license
fee in the form of cash or guaranteed remittance to the Department of
Revenue. The license fee payment form and the actual license fee
payment shall be administered by the Department of Revenue under
rules adopted by that Department.
(f) The Department of Revenue shall issue a proof of payment
receipt to each operator of a drycleaning facility who has paid the
appropriate fee in cash or by guaranteed remittance. However, the
Department of Revenue shall not issue a proof of payment receipt to a
drycleaning facility that is liable to the Department of Revenue for
a tax imposed under this Act. The original receipt shall be
presented to the Council by the operator of a drycleaning facility.
(g) An operator of a dry cleaning facility who is required to
pay a license fee under this Act and fails to pay the license fee
when the fee is due shall be assessed a penalty of $5 for each day
after the license fee is due and until the license fee is paid. The
penalty shall be effective for license fees due on or after July 1,
1999.
(h) The Council and the Department of Revenue may adopt rules as
HOUSE OF REPRESENTATIVES 893
necessary to administer the licensing requirements of this Act.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/75)
Sec. 75. Adjustment of fees and taxes. Beginning January 1, 2000
1999, and annually after that date, the Council shall adjust the
copayment obligation of subsection (e) of Section 40, the drycleaning
solvent taxes of Section 65, the license fees of Section 60, or any
combination of adjustment of each, after notice and opportunity for
public comment, in a manner determined necessary and appropriate to
ensure viability of the Fund. Viability of the Fund shall consider
the settlement of all current claims subject to prioritization of
benefits under subsection (c) of Section 25, consistent with the
purposes of this Act.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/80)
Sec. 80. Audits and reports.
(a) The accounts, books, and other financial records of the
Council, including but not limited to its receipts, disbursements,
contracts, and other matters relating to its finance, operation, and
affairs, shall be examined and audited annually by the Auditor
General in accordance with the audit standards under the Illinois
State Auditing Act. This audit shall be provided to the Agency for
review.
(b) Upon request by the Auditor General, the Council Agency
shall retain a firm of certified public accountants to examine and
audit the Council as described in subsection (a) on behalf of the
Auditor General.
(c) The accounts, books, and other financial records of the
Council shall be maintained in accordance with the State Records Act
and accepted accounting practices established by the State.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/85)
Sec. 85. Repeal of fee and tax provisions. Sections 60 and 65 of
this Act are repealed on January 1, 2010 July1, 2007.
(Source: P.A. 90-502, eff. 8-19-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 462. 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 HOUSE BILL 462
AMENDMENT NO. 1. Amend House Bill 462 by replacing the title
with the following:
"AN ACT regarding person with disabilities, amending named
Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Mental Health and Developmental Disabilities
Administrative Act is amended by changing Section 57 as follows:
(20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
894 JOURNAL OF THE [March 11, 1999]
Sec. 57. In order to identify the service needs of persons with
autism, the Department shall study the needs of the population. The
Department shall submit service needs reports to the General Assembly
annually which shall supplement the report submitted in accordance
with Public Act 84-1291. The reports shall include an analysis of
progress made since the submission of that report in the areas
outlined in that report, with emphasis on the following areas:
a. Early intervention services for children with autism and
their parents;
b. Enhancement of family support mechanisms to enable persons
with autism to remain in a family home environment. The Department
shall include in the report a plan to provide family support
mechanisms to enable persons with autism to remain in a family home
environment;
c. Services for adequate transition for people with autism from
public school programs to adult work and day programs; and
d. Facilitation of placement of persons with autism in the least
restrictive community setting.
For the purpose of this service needs review, autism means a
severely incapacitating life-long developmental disability which:
a. may be manifested before a person is 30 months of age,
b. may be caused by physical disorders of the brain, and
c. is characterized by uneven intellectual development and a
combination of disturbances in the rates and sequences of cognitive,
affective, psychomotor, language and speech development. This
syndrome is further evidenced by abnormal responses to sensory
stimuli, problems in developing social relationships, and ritualistic
and compulsive behavior.
(Source: P.A. 85-971.)
Section 10. The Illinois Public Aid Code is amended by changing
Section 5-2 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical assistance under
this Article shall be available to any of the following classes of
persons in respect to whom a plan for coverage has been submitted to
the Governor by the Illinois Department and approved by him:
1. Recipients of basic maintenance grants under Articles III and
IV.
2. Persons otherwise eligible for basic maintenance under
Articles III and IV but who fail to qualify thereunder on the basis
of need, and who have insufficient income and resources to meet the
costs of necessary medical care, including but not limited to, all
persons who would be determined eligible for such basic maintenance
under Article IV by disregarding the maximum earned income permitted
by federal law.
3. Persons who would otherwise qualify for Aid to the Medically
Indigent under Article VII.
4. Persons not eligible under any of the preceding paragraphs
who fall sick, are injured, or die, not having sufficient money,
property or other resources to meet the costs of necessary medical
care or funeral and burial expenses.
5. (a) Women during pregnancy, after the fact of pregnancy has
been determined by medical diagnosis, and during the 60-day
period beginning on the last day of the pregnancy, together with
their infants and children born after September 30, 1983, whose
income and resources are insufficient to meet the costs of
necessary medical care to the maximum extent possible under Title
XIX of the Federal Social Security Act.
(b) The Illinois Department and the Governor shall provide
a plan for coverage of the persons eligible under paragraph 5(a)
by April 1, 1990. Such plan shall provide ambulatory prenatal
HOUSE OF REPRESENTATIVES 895
care to pregnant women during a presumptive eligibility period
and establish an income eligibility standard that is equal to
133% of the nonfarm income official poverty line, as defined by
the federal Office of Management and Budget and revised annually
in accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the same
size, provided that costs incurred for medical care are not taken
into account in determining such income eligibility.
(c) The Illinois Department may conduct a demonstration in
at least one county that will provide medical assistance to
pregnant women, together with their infants and children up to
one year of age, where the income eligibility standard is set up
to 185% of the nonfarm income official poverty line, as defined
by the federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization provided
under federal law to implement such a demonstration. Such
demonstration may establish resource standards that are not more
restrictive than those established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as dependent
under Article IV and who have insufficient income and resources to
meet the costs of necessary medical care to the maximum extent
permitted under Title XIX of the Federal Social Security Act.
7. Persons who are 18 years of age or younger and would qualify
as disabled as defined under the Federal Supplemental Security Income
Program, provided medical service for such persons would be eligible
for Federal Financial Participation, and provided the Illinois
Department determines that:
(a) the person requires a level of care provided by a
hospital, skilled nursing facility, or intermediate care
facility, as determined by a physician licensed to practice
medicine in all its branches;
(b) it is appropriate to provide such care outside of an
institution, as determined by a physician licensed to practice
medicine in all its branches;
(c) the estimated amount which would be expended for care
outside the institution is not greater than the estimated amount
which would be expended in an institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs administered by
the Illinois Department due to employment earnings and persons in
assistance units comprised of adults and children who become
ineligible for basic maintenance assistance under Article VI of this
Code due to employment earnings. The plan for coverage for this
class of persons shall:
(a) extend the medical assistance coverage for up to 12
months following termination of basic maintenance assistance; and
(b) offer persons who have initially received 6 months of
the coverage provided in paragraph (a) above, the option of
receiving an additional 6 months of coverage, subject to the
following:
(i) such coverage shall be pursuant to provisions of
the federal Social Security Act;
(ii) such coverage shall include all services covered
while the person was eligible for basic maintenance
assistance;
(iii) no premium shall be charged for such coverage;
and
(iv) such coverage shall be suspended in the event of
a person's failure without good cause to file in a timely
fashion reports required for this coverage under the Social
Security Act and coverage shall be reinstated upon the
896 JOURNAL OF THE [March 11, 1999]
filing of such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome (AIDS) or
with AIDS-related conditions with respect to whom there has been a
determination that but for home or community-based services such
individuals would require the level of care provided in an inpatient
hospital, skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance shall be
provided to such persons to the maximum extent permitted under Title
XIX of the Federal Social Security Act.
10. Participants in the long-term care insurance partnership
program established under the Partnership for Long-Term Care Act who
meet the qualifications for protection of resources described in
Section 25 of that Act.
11. Persons who are older than 18 years of age and have been
receiving benefits under paragraph 7 of this Section shall remain
eligible for continued benefits at the same level of care, provided
that a physician, licensed to practice medicine in all its branches,
annually determines that the person requires the level of care
provided by a hospital, skilled nursing facility, or intermediate
care facility. Continued benefits shall not be dependent on the
person meeting eligibility requirements for federal financial
participation.
The Illinois Department and the Governor shall provide a plan for
coverage of the persons eligible under paragraph 7 as soon as
possible after July 1, 1984.
The eligibility of any such person for medical assistance under
this Article is not affected by the payment of any grant under the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act. The Department shall by rule
establish the amounts of assets to be disregarded in determining
eligibility for medical assistance, which shall at a minimum equal
the amounts to be disregarded under the Federal Supplemental Security
Income Program. The amount of assets of a single person to be
disregarded shall not be less than $2,000, and the amount of assets
of a married couple to be disregarded shall not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be ineligible for
medical assistance under this Article, as provided in Section 8A-8.
The eligibility of any person for medical assistance under this
Article shall not be affected by the receipt by the person of
donations or benefits from fundraisers held for the person in cases
of serious illness, as long as neither the person nor members of the
person's family have actual control over the donations or benefits or
the disbursement of the donations or benefits.
(Source: P.A. 89-525, eff. 7-19-96.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Leitch, HOUSE BILL 1713 was taken up
and read by title a third time.
HOUSE OF REPRESENTATIVES 897
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 31)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Gash, HOUSE BILL 323 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 32)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 631. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Human
Services, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 631
AMENDMENT NO. 1. Amend House Bill 631 by replacing everything
after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Adoption Registry and Medical
Information Exchange Fund.
Section 10. The Adoption Act is amended by adding Sections
18.051, 18.052, 18.053, 18.054, 18.055, 18.056, 18.057, 18.058,
18.059, 18.060, 18.061, 18.062, and 18.063 and changing Section 18.3a
as follows:
(750 ILCS 50/18.051 new)
Sec. 18.051. The Illinois Adoption Registry and Medical
Information Exchange; legislative intent. The General Assembly
recognizes the importance of creating a procedure by which birth
families, adoptive families, legal guardians of surrendered children,
and adult adopted or surrendered persons can exchange vital medical
information throughout the life of the adopted or surrendered person.
The General Assembly further recognizes that it is in the best
interest of adopted and surrendered persons and their birth and
adoptive families that birth family medical histories and the
preferences regarding contact of all parties to an adoption be
compiled, preserved and provided, upon request, to the adoptive
parents and legal guardians of adopted or surrendered children and to
adult adopted or surrendered persons and their birth and adoptive
relatives. The purpose of this amendatory Act of the 91st General
Assembly is to respond to these concerns by redefining the function
and operation of the Illinois Adoption Registry and creating the
Medical Information Exchange.
(750 ILCS 50/18.052 new)
898 JOURNAL OF THE [March 11, 1999]
Sec. 18.052. Definitions. When used in Sections 18.051 through
18.063, unless the context otherwise requires:
"Adopted person" means a person who was adopted pursuant to the
laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent through
the legal process of adoption.
"Adoptive relative" means the widow or widower or an adult child
or grandparent of a deceased adopted or surrendered person.
"Agency" means a public child welfare agency or a licensed child
welfare agency.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original birth certificate, in
the agency or court file, on a consent or surrender document, or a
notarized statement duly executed and signed by the birth mother, or
a biological father whose paternity has been established by a
judgment or order of the court.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a parent, by birth, of an adopted or
surrendered person.
"Birth relative" means the adult biological full or half sibling
or birth grandparent of an adopted or surrendered person or the
biological sibling or adoptive child of his or her birth parent.
"Illinois Adoption Registry Authorization" means a document
issued by the Department of Public Health which entitles an adopted
person who is the subject of a Registry match to receive copies of
his or her original birth certificate, judgment for adoption, and
certain documents and records in the possession of the agency or
attorney that was involved in the adoption proceedings or surrender.
"Information Exchange Authorization" means an affidavit completed
by an applicant to the Illinois Adoption Registry and Medical
Information Exchange authorizing the release of his or her name and
address to a specified party or parties.
"Information Exchange Denial" means an affidavit completed by an
applicant to the Illinois Adoption Registry and Medical Information
Exchange denying the release of his or her name and address to a
specified party or parties.
"Interested party" means an adoptive parent or legal guardian of
an adopted or surrendered person under the age of 18, an adopted or
surrendered person 18 years of age or over, an adoptive relative, a
birth parent, or a birth relative.
"Medical Information Exchange Questionnaire" means the medical
history questionnaire completed by applicants to the Illinois
Adoption Registry and Medical Information Exchange.
"Proof of death" means a death certificate, a death notice, or an
obituary published in a daily newspaper.
"Surrendered person" means a person who was surrendered for
adoption but not adopted.
(750 ILCS 50/18.053 new)
Sec. 18.053. The Illinois Adoption Registry and Medical
Information Exchange.
(a) General function. The Department of Public Health shall
redefine the function of the Illinois Adoption Registry, and create
the Medical Information Exchange in the manner outlined in
subsections (b) through (d) for the purpose of facilitating the
exchange of medical information between birth parents and birth
relatives and the adoptive parents and legal guardians of adopted or
surrendered minors, adult adopted or surrendered persons, and
adoptive relatives. The Department shall establish rules for the
confidential operation of the Illinois Adoption Registry and, from
July 1, 1999 to July 1, 2000, shall conduct a public information
HOUSE OF REPRESENTATIVES 899
campaign through public service announcements and other forms of
media coverage, and, for a minimum of 4 years, through notices on
driver's license renewal applications, to inform adopted and
surrendered persons born, surrendered, or adopted in Illinois and
their adoptive parents, legal guardians, birth parents, and birth
relatives of the provisions of this amendatory Act of the 91st
General Assembly. The Illinois Adoption Registry shall also
establish an informational internet site where interested parties may
access a summary of the provisions of this amendatory Act of the 91st
General Assembly and download all necessary application forms. The
Illinois Adoption Registry shall maintain statistical records,
publish and circulate to the public informational material about the
function and operation of the Registry, and provide interested
parties with Medical Exchange Questionnaires and all other Illinois
Adoption Registry applications and forms. The Registry shall forward
to all interested parties copies of any Medical Exchange
Questionnaires submitted to the Registry prior to the applicant's
registration by one of his or her biological relatives. If an adult
adopted or surrendered person has applied to the Registry and one of
his or her biological relatives subsequently applies to the Registry,
the Illinois Adoption Registry shall be responsible for forwarding a
copy of the birth parent's or birth relative's Medical Information
Exchange Questionnaire to the adopted or surrendered person or the
adoptive relative at the address shown on their Illinois Adoption
Registry Application.
(b) Birth parent registration at the time of surrender or
involuntary termination of parental rights. On and after January 1,
2000, at the time a child is surrendered or parental rights are
involuntarily terminated, the agency, Department of Children and
Family Services, Court Supportive Services, Juvenile Division of the
Circuit Court, Probation Officers of the Circuit Court, or any other
party to the surrender or consent to adoption shall request that the
birth parent or parents register with the Illinois Adoption Registry
and Medical Information Exchange and complete Parts I and II of the
Illinois Adoption Registry Application. If desired, the birth parent
or parents may also file an Information Exchange Authorization or
Information Exchange Denial with the Registry at any time after a
child is surrendered for adoption or parental rights are
involuntarily terminated, at any time during the adoption
proceedings, or at any time thereafter. In the event that the
information provided by the birth parent in Part I or II of the
Illinois Adoption Registry Application is incomplete, the agency,
Department of Children and Family Services, Court Supportive
Services, Juvenile Division of the Circuit Court, Probation Officers
of the Circuit Court, attorney, or any other party to the surrender
or consent to adoption proceedings may, to the best of their ability,
complete Parts I and II of the Illinois Adoption Registry Application
on behalf of the birth parent.
(c) Establishment of the Adoption/Surrender Records File. All
records received by the Registry which pertain to an individual
adoption or surrender shall be placed into a single
Adoption/Surrender Records File. The Illinois Adoption Registry shall
establish a new Adoption/Surrender Records File for:
(1) Any adoption finalized by a court action in the State
of Illinois on or after January 1, 2000; and
(2) Any adoption of a person born in Illinois finalized by
a court action in a state other than Illinois or in a foreign
country on or after January 1, 2000;
(3) Any surrender taken in the State of Illinois on or
after January 1, 2000;
(4) Any adoption finalized by a court action in the State
900 JOURNAL OF THE [March 11, 1999]
of Illinois prior to January 1, 2000, any adoption of a person
born in Illinois finalized by a court action in a state other
than Illinois or in a foreign country prior to January 1, 2000,
and any surrender taken in the State of Illinois prior to January
1, 2000, for which the adopted or surrendered person, or one of
his or her birth parents, adult birth or adoptive relatives,
adoptive parents, or legal guardians has registered with the
Registry and completed an Illinois Adoption Registry Application.
(d) Contents of the Adoption/Surrender Records File. The
Adoption/Surrender Records File shall contain the following items, to
the extent that they are available:
(1) Parts I and II of any Illinois Adoption Registry
Application which has been completed by the adopted or
surrendered person or his or her adoptive parents, legal
guardians, birth parents, adoptive relative, or birth relatives
or by a third party on behalf of the birth parent at the time of
the surrender or involuntary termination of parental rights.
(2) Any written statements, letters, photographs, or other
items provided by any applicant for the adopted or surrendered
person or his or her birth or adoptive parents or relatives, or
legal guardians at the time of registration or any time
thereafter. All such items and documents shall be submitted in an
8 1/2" x 11" manila envelope and shall not include identifying
information pertaining to any party to the adoption other than
the applicant who submitted them.
(3) Any Information Exchange Authorization or Information
Exchange Denial which has been filed by the adopted or
surrendered person or any other interested party at the time of
registration or any time thereafter.
(4) For all adoptions finalized after January 1, 2000, a
copy of the original birth certificate, the consent or surrender
to adoption, or order of termination of parental rights, and the
judgment for adoption as well as the Affidavit of Information and
any other non-identifying information which is forwarded to the
Registry by any party to the adoption at the time of the adoption
or any time thereafter.
(5) Any updated addresses submitted by any interested
party.
(6) Any proof of death which has been submitted by: an
adoptive parent, adoptive relative, legal guardian, or friend of
an adopted or surrendered person in the event of his or her
death; a birth relative, legal guardian, or friend of a deceased
birth parent or birth sibling in the event of his or her death;
or a confidential intermediary.
(750 ILCS 50/18.054 new)
Sec. 18.054. The Illinois Adoption Registry Application. The
Illinois Adoption Registry Application shall substantially include
the following:
(a) Part I: General Information. The Illinois Adoption
Registry Application shall include the following general information
subparts:
(1) A subpart for information about the registrant
including his or her surname, given name or names, social
security number (optional), mailing address, home telephone
number, sex, date and place of birth, and the date of
registration. This subpart shall also include the address and
telephone number of the Illinois Adoption Registry.
(2) A subpart for information to be completed by the
registrant if he or she is an adopted or surrendered person 18
years of age or over, including, if known to the applicant, the
state and county where the judgment of adoption was finalized,
HOUSE OF REPRESENTATIVES 901
the surnames, given names, and birthplaces of the adoptive
parents, and the adopted or surrendered person's birth name.
(3) A subpart for information to be completed by the
registrant if he or she is the adoptive parent or legal guardian
of an adopted or surrendered person under the age of 18 or a
birth parent or adult birth or adoptive relative of an adopted or
surrendered person. If applicable and known to the registrant,
this information shall include the maiden surname of the birth
mother, any subsequent surnames of the birth mother, the surname
of the birth father, the given name or names of the birth
parents, the dates and places of birth of the birth parents, the
surname and given name or names of the adopted person prior to
adoption, the sex and date and place of birth of the adopted or
surrendered person, and the name of the adopted person following
his or her adoption.
(b) Part II: Medical Information Exchange Questionnaire. In
recognition of the importance of medical information and of recent
discoveries regarding the genetic origin of many medical conditions
and diseases, with the exception of adoptive parents registering less
than one year after their child's adoption was finalized, all
applicants shall be asked to complete a Medical Information Exchange
Questionnaire. The Medical Information Exchange Questionnaire shall
include a comprehensive check-list of genetically-transmitted medical
conditions and diseases. Birth parents and adult birth and adoptive
relatives shall be asked to indicate all genetically-inherited
diseases and conditions on this list which are known to exist in
their biological families at the time of registration.
Adopted and surrendered persons and their adoptive parents, legal
guardians, and adoptive relatives shall be asked to indicate all
genetically-inherited diseases and medical conditions with which the
adopted or surrendered person or, if applicable, his or her children
have been diagnosed since birth. In addition, all birth parents
shall be apprised of the Registry's provisions for submitting
information about their and their family's medical histories on a
confidential, ongoing basis.
The form and content of the Medical Information Exchange
Questionnaire shall be determined by the Illinois Department of
Public Health and shall include a Hereditary Diseases Section that
allows the applicant to indicate any medical diseases or conditions
known to exist in their biological family, including, but not limited
to ADD/ADHD, AIDS/HIV, alcoholism, allergies, ALS (Lou Gehrig's
Disease), Alzheimer's Disease, anemia, arthritis, asthma, bipolar
disorder, blood disorders, breast cancer, colon cancer, ovarian
cancer, prostate cancer, skin cancer, cystic fibrosis, clinical
depression, diabetes, diverticulitis, dyslexia, eating disorders,
eczema, emphysema, epilepsy, farsightedness, gout, hay fever, hearing
disorders, heart disease, hemophilia, Huntington's Disease,
hypertension (high blood pressure), hyperthyroidism, hypothyroidism,
kidney disease, learning disabilities, leukemia, mental illness,
muscular diseases, myopia (nearsightedness), obesity,
obsessive/compulsive disorder, Parkinson's disease, physical
disabilities, Rh factors, schizophrenia, sickle cell anemia, seizure
disorders, speech disabilities, stroke, substance abuse, Tay-Sachs
disease, tuberculosis, tumors (benign), tumors (malignant),
Tourette's syndrome, and vitiligo.
(c) Part III: Written statement. All registrants shall be
given the opportunity to file a written statement with the Registry.
This statement may include any additional medical data or any known
social, ethnic, or biographical information, and be submitted on the
space provided on the Information Exchange Authorization or in a
separate, sealed envelope.
902 JOURNAL OF THE [March 11, 1999]
(d) Part IV. Contact information. All registrants may indicate
their wishes regarding contact with any other interested party by
completing an Information Exchange Authorization, an Information
Exchange Denial, or an affidavit authorizing contact by a certified
confidential intermediary or other specified third party.
(1) Information Exchange Authorization. Adopted or
surrendered persons 18 years of age or over who would welcome
contact with one or more of their birth parents or other adult
birth relatives, birth parents and other adult birth relatives
who would welcome contact with an adopted or surrendered person,
or his or her adoptive parents or legal guardians or other adult
adoptive relatives, and adoptive parents or legal guardians of
adopted or surrendered persons under the age of 18 who would
welcome contact with the adopted or surrendered person's birth
parents or other birth relatives may file an Information Exchange
Authorization at the time of the adoption or surrender, or any
time thereafter.
(2) Information Exchange Denial. Adopted or surrendered
persons 18 years of age or over who do not wish to establish
direct contact with one or more of their birth parents or other
adult birth relatives may file an Information Exchange Denial.
Birth parents and other adult birth relatives who do not wish to
establish direct contact with an adopted or surrendered person,
his or her adoptive parents or legal guardians, or his or her
other adult adoptive relatives, and adoptive parents or legal
guardians of adopted or surrendered persons under the age of 18
who do not wish to establish direct contact with the adopted or
surrendered person's birth parents or other birth relatives may
file an Information Exchange Denial at the time of the adoption
or surrender, or any time thereafter.
Upon receipt of an Information Exchange Denial, the Illinois
Adoption Registry shall provide the registrant with a copy of the
Information Exchange Denial Revocation Form. An Information
Exchange Denial may be revoked at any time, without charge, by
filing an Information Exchange Denial Revocation Form or by
notifying the Registry in writing of the desire to revoke the
Information Exchange Denial. Information Exchange Denials filed
by the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 18 shall expire on the
adopted or surrendered person's 18th birthday; thereafter, unless
the adopted or surrendered person files contact information with
the Registry, birth relative requests for information shall be
handled in the same manner as in cases where the adopted or
surrendered person has not filed an Information Exchange
Authorization or Information Exchange Denial with the Registry.
Unless revoked or expired, an Information Exchange Denial shall
remain in effect until 2 years after the death of the person who
filed the it.
(e) All Illinois Adoption Registry Applications, Information
Exchange Authorizations, Information Exchange Denials, requests to
revoke an Information Exchange Authorization or Information Exchange
Denial, and affidavits submitted to the Registry shall be accompanied
by a photocopy of the applicant's current driver's license, passport,
or state-issued photo identification card.
(750 ILCS 50/18.055 new)
Sec. 18.055. Effective date of registration. Registration with
the Illinois Adoption Registry and Medical Information Exchange shall
become effective as soon as the applicant's completed Illinois
Adoption Registry Application has been filed with the Registry.
(750 ILCS 50/18.056 new)
Sec. 18.056. Executing documents in foreign countries. When an
HOUSE OF REPRESENTATIVES 903
Information Exchange Authorization or Information Exchange Denial is
executed in a foreign country, the document shall be executed at a
United States Embassy or consulate in the presence of a United States
government official qualified to acknowledge such documents.
(750 ILCS 50/18.057 new)
Sec. 18.057. Executing documents in the military. If the person
filing an Information Exchange Authorization or Information Exchange
Denial is in the military service of the United States, the execution
of these documents may be acknowledged before a commissioned officer
and the signature of the officer on the document shall be verified or
acknowledged before a notary public or by any other procedure in
effect for that division or branch of the armed forces.
(750 ILCS 50/18.058 new)
Sec. 18.058. Registry matches.
(a) The Registry shall release identifying information to the
following registered parties and provide them with a copy of the
other party's Medical Information Exchange Questionnaire as well as
any written statements, letters, photographs, or other items which
have been placed in the Adoption/Surrender Records File and
specifically intended for the registered parties:
(i) an adult adopted or surrendered person and one of his
or her birth parents or birth relatives who have both filed an
Information Exchange Authorization with the Registry, if
information available to the Registry confirms that the
consenting adopted or surrendered person is a biological relative
of the consenting birth parent or relative;
(ii) the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 18 and one of his or her
birth parents or birth relatives who have both filed an
Information Exchange Authorization with the Registry, if
information available to the Registry confirms that the child of
the consenting adoptive parent or legal guardian is a biological
relative of the consenting birth parent or birth relative; or
(iii) a birth parent or birth relative and an adoptive
relative who have both filed an Information Exchange
Authorization with the Registry, if information available to the
Registry confirms that the deceased adopted person was a
biological relative of the consenting birth parent or birth
relative.
All eligible adult adopted or surrendered persons who are the subject
of a Registry match may be issued an Illinois Adoption Registry
Authorization for any documents listed in subsection (a) of Section
18.059 which are not included in the Adoption/Surrender Records File.
(b) In the event that an interested party is the subject of an
Information Release Denial filed by another party to the adoption,
the Registry shall not release identifying information to either
registrant. However, both registrants shall be provided with a copy
of the other party's Medical Information Exchange Questionnaire as
well as any letters, pictures, or documents which have been placed in
the Adoption/Surrender Records File and are specifically intended for
them.
(750 ILCS 50/18.059 new)
Sec. 18.059. Illinois Adoption Registry Authorization.
(a) In the event of a Registry match, adult adopted or
surrendered persons may be issued an Illinois Adoption Registry
Authorization to access any of the documents listed in this
subsection (a) which are not included in their Adoption/Surrender
Records File. The Illinois Adoption Registry Authorization shall
entitle the adopted or surrendered person to receive a copy of his or
her original birth certificate from the Bureau of Vital Statistics;
if applicable, a copy of the judgment for adoption from the court of
904 JOURNAL OF THE [March 11, 1999]
the county where the adoption was finalized; any written statements,
letters, photographs, or other items which have been submitted to
any agency or attorney that was involved in the adoption proceedings
or surrender and are specifically intended for the adopted or
surrendered person; and any medical or nursery records pertaining to
the adopted or surrendered person and histories of prior placement
which are in the possession of any agency or attorney that was
involved in the adoption proceedings or surrender.
(b) If only the birth mother is named on the original birth
certificate and, if applicable, the judgment for adoption, and the
adopted or surrendered person is the subject of an Information
Release Authorization filed with the Registry by this birth parent,
the Illinois Adoption Registry shall provide the adopted or
surrendered person with an unaltered copy of his or her original
birth certificate and, if applicable, judgment for adoption, or issue
an Authorization which entitles him or her to receive unaltered
copies of the original birth certificate and, if applicable, the
judgment for adoption.
(c) If both the birth mother and birth father are named on the
original birth certificate or, if applicable, the judgment for
adoption, and both birth parents have filed an Information Release
Authorization with the Registry, the Illinois Adoption Registry shall
provide the adopted or surrendered person with an unaltered copy of
his or her original birth certificate and, if applicable, judgment
for adoption or issue an Authorization which entitles him or her to
receive unaltered copies of the original birth certificate and, if
applicable, the judgment for adoption.
(d) If both the birth mother and birth father are named on the
original birth certificate or, if applicable, the judgment for
adoption, and only one of the birth parents has filed an Information
Release Authorization with the Registry, the adopted or surrendered
person may either:
(1) Request that the name of the birth parent who has not
filed an Information Release Authorization with the Illinois
Adoption Registry be deleted from any copies of the original
birth certificate and, if applicable, the judgment for adoption
issued to the adopted or surrendered person and that this
deletion be specified on any Illinois Adoption Registry
Authorization issued to the adopted or surrendered person; or
(2) Provide a proof of death for the birth parent who has
not filed an Information Release Authorization with the Registry.
Upon receipt of this proof of death, the Illinois Adoption
Registry shall provide the adopted or surrendered person an
Authorization entitling the adopted or surrendered person to
receive unaltered copies of the original birth certificate and,
if applicable, the judgment for adoption.
(e) If the birth relative who has been matched with an adopted
or surrenderd person is not one of his or her birth parents, the
release of the adopted or surrendered person's original birth
certificate or, if applicable, judgment for adoption and the issuance
of his or her Illinois Adoption Registry Authorization shall be
contingent upon the applicant providing a proof of death or
Information Release Authorization for all birth parents named on the
original birth certificate or, if applicable, judgment for adoption,
as specified in subsections (a) through (d).
(750 ILCS 50/18.060 new)
Sec. 18.060. Registration fee. A $40 fee shall be charged for
registering with the Illinois Adoption Registry and Medical
Information Exchange. However this fee shall be waived for all adult
adopted or surrendered persons, adoptive parents, adoptive relatives,
legal guardians, birth parents, and birth relatives who complete Part
HOUSE OF REPRESENTATIVES 905
II of the Illinois Adoption Registry Application at the time of
registration, as well as for all birth parents registering or being
registered by a third party within 12 months of the termination of
parental rights, and adoptive parents registering within 12 months of
the finalization of the adoption. All persons who were registered
with the Illinois Adoption Registry prior to the effective date of
this amendatory Act of the 91st General Assembly and who wish to
update their registration may do so without charge.
(750 ILCS 50/18.061 new)
Sec. 18.061. Exemption from liability. No liability shall
accrue to the State, any agency or employee thereof, any private
agency, or any attorney for acts or efforts made in good faith within
the scope of this amendatory Act of the 91st General Assembly and
pursuant to its provisions.
(750 ILCS 50/18.062 new)
Sec. 18.062. Effective date of entitlement. The effective date
of entitlement of any person to an Illinois Adoption Registry
Authorization shall be March 1, 2000.
(750 ILCS 50/18.063 new)
Sec. 18.063. Illinois Adoption Registry and Medical Information
Exchange Fund. There is hereby created in the State treasury a
special fund to be known as the Illinois Adoption Registry and
Medical Information Exchange Fund. All fees collected by the
Illinois Adoption Registry under this amendatory Act of the 91st
General Assembly shall be deposited into the Fund. Subject to
appropriation, the amounts in the Fund shall be used by the
Department of Public Health to conduct activities related to
maintaining the Illinois Adoption Registry and Medical Information
Exchange and issuing any documents and forms related to this
amendatory Act of the 91st General Assembly.
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other provision of
this Act, any adoptee over the age of 18 or any adoptive parent or
legal guardian of an adoptee under the age of 18 may petition the
court for appointment of a confidential intermediary as provided in
this Section for the purpose of obtaining from one or both biological
parents or a sibling or siblings of the adoptee information
concerning the background of a psychological or genetically-based
medical problem experienced or which may be expected to be
experienced in the future by the adoptee or obtaining assistance in
treating such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if the
petitioner shows the following:
(1) the adoptee is suffering or may be expected to suffer
in the future from a life-threatening or substantially
incapacitating physical illness of any nature, or a psychological
disturbance which is substantially incapacitating but not
life-threatening, or a mental illness which, in the opinion of a
physician licensed to practice medicine in all its branches, is
or could be genetically based to a significant degree;
(2) the treatment of the adoptee, in the opinion of a
physician licensed to practice medicine in all of its branches,
would be materially assisted by information obtainable from the
biological parents or might benefit from the provision of organs
or other bodily tissues, materials, or fluids by the biological
parents or other close biological relatives; and
(3) there is neither an Information Exchange Authorization
nor a Denial of Information Exchange filed in the Registry as
provided in Section 18.054 18.1.
906 JOURNAL OF THE [March 11, 1999]
The affidavit or testimony of the treating physician shall be
conclusive on the issue of the utility of contact with the biological
parents unless the court finds that the relationship between the
illness to be treated and the alleged need for contact is totally
without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment of the
intermediary's fees and expenses in advance, unless the intermediary
waives the right to full advance payment or to any reimbursement at
all.
(d) Eligibility of intermediary. The court may appoint as
confidential intermediary either an employee of the Illinois
Department of Children and Family Services designated by the
Department to serve as such, any other person certified by the
Department as qualified to serve as a confidential intermediary, or
any employee of a licensed child welfare agency certified by the
agency as qualified to serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law, the
confidential intermediary shall have access to all records of the
court or any agency, public or private, which relate to the adoption
or the identity and location of any biological parent.
(f) Purposes of contact. The confidential intermediary has only
the following powers and duties:
(1) To contact one or both biological parents, inform the
parent or parents of the basic medical problem of the adoptee and
the nature of the information or assistance sought from the
biological parent, and inform the parent or parents of the
following options:
(A) The biological parent may totally reject the
request for assistance or information, or both, and no
disclosure of identity or location shall be made to the
petitioner.
(B) The biological parent may file an Information
Exchange Authorization as provided in Section 18.054 18.1.
The confidential intermediary shall explain to the
biological parent the consequences of such a filing,
including that the biological parent's identity will be
available for discovery by the adoptee. If the biological
parent agrees to this option, the confidential intermediary
shall supply the parent with the appropriate forms, shall be
responsible for their immediate filing with the Registry,
and shall inform the petitioner of their filing.
(C) If the biological parent wishes to provide the
information or assistance sought but does not wish his or
her identity disclosed, the confidential intermediary shall
arrange for the disclosure of the information or the
provision of assistance in as confidential a manner as
possible so as to protect the privacy of the biological
parent and minimize the likelihood of disclosure of the
biological parent's identity.
(2) If a biological parent so desires, to arrange for a
confidential communication with the treating physician to discuss
the need for the requested information or assistance.
(3) If a biological parent agrees to provide the
information or assistance sought but wishes to maintain his or
her privacy, to arrange for the provision of the information or
assistance to the physician in as confidential a manner as
possible so as to protect the privacy of the biological parent
and minimize the likelihood of disclosure of the biological
parent's identity.
(g) Oath. The confidential intermediary shall sign an oath of
HOUSE OF REPRESENTATIVES 907
confidentiality substantially as follows:
"I, .........., being duly sworn, on oath depose and say:
As a condition of appointment as a confidential intermediary, I
affirm that:
(1) I will not disclose to the petitioner, directly or
indirectly, any information about the identity or location of the
biological parent whose assistance is being sought for medical
reasons except in a manner consistent with the law.
(2) I recognize that violation of this oath subjects me to
civil liability and to being found in contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on
(insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly discloses
information identifying a biological parent shall be liable to
the biological parent for damages and may also be found in
contempt of court.
(2) Any physician or other person who learns a biological
parent's identity, directly or indirectly, through the use of
procedures provided in this Section and who improperly discloses
information identifying the biological parent shall be liable to
the biological parent for actual damages plus minimum punitive
damages of $10,000.
(i) Death of biological parent. Notwithstanding any other
provision of this Act, if the confidential intermediary discovers
that the person whose assistance is sought has died, he or she shall
report this fact to the court, along with a copy of the death
certificate if possible.
(Source: P.A. 86-1451; revised 10-20-98.)
(750 ILCS 50/18.1 rep.)
(750 ILCS 50/18.3 rep.)
(750 ILCS 50/18.5 rep.)
(750 ILCS 50/18.6 rep.)
Section 15. The Adoption Act is amended by repealing Sections
18.1, 18.3, 18.5, and 18.6.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1207. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1207
AMENDMENT NO. 1. Amend House Bill 1207 on page 2, line 12, by
replacing "American" with "Illinois".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1536. Having been recalled on March 10, 1999, and
held on the order of Second Reading, the same was again taken up.
908 JOURNAL OF THE [March 11, 1999]
Representative Scully offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1536
AMENDMENT NO. 1. Amend House Bill 1536 on page 1, line 11, after
"program", by inserting ", subject to a separate appropriation to the
State Board of Education".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Hartke, HOUSE BILL 291 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
48, Yeas; 61, Nays; 5, Answering Present.
(ROLL CALL 33)
This bill, having failed to receive the votes of a constitutional
majority of the Members elected, was declared lost.
On motion of Representative Bugielski, HOUSE BILL 2204 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:
106, Yeas; 4, Nays; 5, Answering Present.
(ROLL CALL 34)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Jerry Mitchell, HOUSE BILL 2308 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 35)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hoffman, HOUSE BILL 520 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:
113, Yeas; 1, Nays; 1, Answering Present.
HOUSE OF REPRESENTATIVES 909
(ROLL CALL 36)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Andrea Moore, HOUSE BILL 1276 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:
107, Yeas; 5, Nays; 1, Answering Present.
(ROLL CALL 37)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Myers, HOUSE BILL 1897 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 38)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
ACTION ON MOTIONS
On motion of Representative Monique Davis, HOUSE BILL 1525 was
ordered to lie on the table.
On motion of Representative Righter, HOUSE BILL 1312 was ordered
to lie on the table.
HOUSE BILLS ON SECOND READING
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: HOUSE
BILL 819.
SENATE BILLS ON FIRST READING
Having been printed, the following bills were taken up, read by
title a first time and placed in the Committee on Rules: SENATE BILLS
37, 48, 117 and 203.
At the hour of 8:55 o'clock p.m., Representative Madigan moved
that the House do now adjourn until Friday, March 12, 1999, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
910 JOURNAL OF THE [March 11, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAR 11, 1999
0 YEAS 0 NAYS 117 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ E RONEN
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,JERRYP 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 PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 911
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1079
CRIM CD-SEX OFFENDERS-PARKS
THIRD READING
PASSED
MAR 11, 1999
111 YEAS 4 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK N MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK A 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 N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG N PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
912 JOURNAL OF THE [March 11, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1900
IL AQUACULTURE DEVELOP FUND
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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,JERRYY 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 A 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 PANKAU Y WIRSING
Y DAVIS,STEVE A KLINGLER A PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 913
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2836
FIREWORKS-BILLBOARDS BANNED
THIRD READING
PASSED
MAR 11, 1999
73 YEAS 40 NAYS 4 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
P BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK P MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN P KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG P PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
914 JOURNAL OF THE [March 11, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2698
TWP CD-OPEN SPACE-POP-150,000
THIRD READING
PASSED
MAR 11, 1999
111 YEAS 3 NAYS 1 PRESENT
Y ACEVEDO A FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A 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,JERRYY 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 P 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 PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 915
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1681
EMRGNCY MGMT AGNCY-NOAA RADIO
THIRD READING
PASSED
MAR 11, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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,JERRYY 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 PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
916 JOURNAL OF THE [March 11, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1622
INS INVESTIGATIONAL TREATMENT
THIRD READING
PASSED
MAR 11, 1999
105 YEAS 8 NAYS 4 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND P GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW N 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 N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND P WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER P PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 917
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 154
BREAST CANCER TREAT AND STUDY
THIRD READING
PASSED
MAR 11, 1999
111 YEAS 4 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL A SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW N 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 N 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 PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH A ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
918 JOURNAL OF THE [March 11, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 157
PHONE SOLICIT NO CALL ID BLOCK
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 2 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON A SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 919
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1915
TITLE INSURANCE RATES
THIRD READING
PASSED
MAR 11, 1999
64 YEAS 48 NAYS 4 PRESENT
Y ACEVEDO N FOWLER N LINDNER N RIGHTER
Y BASSI P FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH P RYDER
Y BIGGINS Y GASH P MATHIAS Y SAVIANO
N BLACK Y GIGLIO N MAUTINO N SCHMITZ
Y BOLAND P GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY N HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
N CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL N PERSICO N WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
A FLOWERS N LEITCH
E - Denotes Excused Absence
920 JOURNAL OF THE [March 11, 1999]
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1648
DPHLTH-HIV-AIDS PILOT PROGRAM
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
A BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 921
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1823
DOMESTIC VIOLENCE LEAVE ACT
THIRD READING
PASSED
MAR 11, 1999
102 YEAS 13 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
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
P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER
N COULSON Y HOLBROOK Y MORROW N 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 N 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 N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK
Y DELGADO A KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
922 JOURNAL OF THE [March 11, 1999]
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1833
DAGING-DHS-CARE SERVICES WAGES
THIRD READING
PASSED
MAR 11, 1999
106 YEAS 8 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N 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 N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 923
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2256
DISPENSING GENERIC DRUGS
THIRD READING
PASSED
MAR 11, 1999
107 YEAS 8 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
P COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD N 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 N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER Y PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
924 JOURNAL OF THE [March 11, 1999]
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 442
PLUMBING CONTRACTORS LICENSED
THIRD READING
PASSED
MAR 11, 1999
69 YEAS 45 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS N TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN N WAIT
A DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
P DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 925
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 470
SCH CD-TEACHR INST-REG SUP-TAX
THIRD READING
PASSED
MAR 11, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
926 JOURNAL OF THE [March 11, 1999]
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 476
PUBAID-PRSNL NEEDS ALLWNCE $50
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
A DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 927
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1365
POLICE TRAINING-MISDEMEANOR
THIRD READING
PASSED
MAR 11, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
928 JOURNAL OF THE [March 11, 1999]
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1294
SOCIAL WORKER-EXPUNGEMENT
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A 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,JERRYY 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
A 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 929
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 471
CRIM CD-PIERCING MINORS BODY
THIRD READING
PASSED
MAR 11, 1999
88 YEAS 13 NAYS 11 PRESENT
Y ACEVEDO Y FOWLER P LINDNER Y RIGHTER
Y BASSI Y FRANKS P LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS P SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY N HAMOS Y McGUIRE Y SCULLY
Y BRADY A HANNIG P McKEON Y SHARP
Y BROSNAHAN N HARRIS Y MEYER Y SILVA
P BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER
P COULSON Y HOLBROOK N MORROW Y STEPHENS
Y COWLISHAW Y HOWARD P MULLIGAN Y STROGER
Y CROSS Y HULTGREN P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
P CURRIE A JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU A WIRSING
Y DAVIS,STEVE P KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG N PUGH Y ZICKUS
P FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
930 JOURNAL OF THE [March 11, 1999]
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2149
SECY OF STATE-METAL DETECTORS
THIRD READING
PASSED
MAR 11, 1999
112 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO A WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ P LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 931
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 573
FIREARM OWNERS-NICS
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 1 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
932 JOURNAL OF THE [March 11, 1999]
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1331
MEDICAL NEED EXTERNAL APPEAL
THIRD READING
PASSED
MAR 11, 1999
110 YEAS 5 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N 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,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 933
NO. 24
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1964
CLERKS COURTS-JURY FEE
THIRD READING
PASSED
MAR 11, 1999
101 YEAS 13 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI N FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
N BOLAND Y GILES Y McAULIFFE N 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 N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N 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
N CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY Y JONES,JOHN N O'BRIEN Y WAIT
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN P LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
934 JOURNAL OF THE [March 11, 1999]
NO. 25
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2679
SENIORS ASSESS FREEZE-BASE YR
THIRD READING
PASSED
MAR 11, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 935
NO. 26
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 895
INTERGOVT COOP-EXERCISE POWER
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY A HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD A HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
936 JOURNAL OF THE [March 11, 1999]
NO. 27
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 831
NURSING HOME CR-PRENOTIFY
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS A JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 937
NO. 28
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1476
SCH CD-DEBT LIMIT-CONSTRUCT
THIRD READING
PASSED
MAR 11, 1999
91 YEAS 23 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI N FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG N 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 N MITCHELL,BILL P SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
A DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
938 JOURNAL OF THE [March 11, 1999]
NO. 29
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2272
GOOD SAM ACT-PHYS ASSTS-EXEMPT
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 P 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 939
NO. 30
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1399
CHLDRNS HLTH INS-STATE EMPLYEE
MOTION TO TABLE AMENDMENT NO. 1
PREVAILED
MAR 11, 1999
109 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
A BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
A BRADLEY Y HAMOS A 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,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART A JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
940 JOURNAL OF THE [March 11, 1999]
NO. 31
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1713
MEDICAID-ELIGIBILITY
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO A FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 941
NO. 32
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 323
SCH CD-MILITARY-DISSOLVE DIST
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
A BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 A TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
942 JOURNAL OF THE [March 11, 1999]
NO. 33
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 291
AIRPORT AUTH-GROW WITH MUNI
THIRD READING
LOST
MAR 11, 1999
48 YEAS 61 NAYS 5 PRESENT
Y ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH A RYDER
N BIGGINS N GASH N MATHIAS Y SAVIANO
P BLACK N GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS N MEYER Y SILVA
N BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
P CROSS N HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM P NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
A DANIELS Y JONES,LOU N O'CONNOR N WINKEL
A DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE P KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL N PERSICO N WOOLARD
P DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 943
NO. 34
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2204
BANK ON ILLINOIS ACT
THIRD READING
PASSED
MAR 11, 1999
106 YEAS 4 NAYS 5 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI P FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO N 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 P SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY P 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY P OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ P MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
944 JOURNAL OF THE [March 11, 1999]
NO. 35
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2308
HOSPITAL DISTRICT-DETACHMENT
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER A REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 945
NO. 36
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 520
MOTOR VEH FRANCHSE ACT-RIGHTS
THIRD READING
PASSED
MAR 11, 1999
113 YEAS 1 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 P JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
A DANIELS N JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
946 JOURNAL OF THE [March 11, 1999]
NO. 37
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1276
MUNI CD-LEVY AND APPROPRIATION
THIRD READING
PASSED
MAR 11, 1999
107 YEAS 5 NAYS 1 PRESENT
Y ACEVEDO P FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK A GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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 N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU A WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 947
NO. 38
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1897
AGRICULTR-VALUE ADDED GRANT
THIRD READING
PASSED
MAR 11, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
A BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH A RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY 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
A DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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