STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
111TH LEGISLATIVE DAY
FRIDAY, MARCH 24, 2000
12:30 O'CLOCK P.M.
NO. 111
[March 24, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 111th Legislative Day Action Page(s) Adjournment........................................ 56 Committee on Rules Referrals....................... 6 Correctional Budget & Impact Note Requested........ 6 Fiscal Notes Requested............................. 6 Home Rule Notes Requested.......................... 7 Housing Affordability Impact Note Requested........ 7 Judicial Note Requested............................ 7 Land Conveyance Appraisal Note Requested........... 7 Letter of Transmittal.............................. 5 Pension Impact Note Requested...................... 7 Quorum Roll Call................................... 5 Re-referred to the Committee on Rules.............. 6 State Mandate Notes Requested...................... 6 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 0486 Senate Message - Passage w/ SA..................... 15 HB 2574 Senate Message - Passage w/ SA..................... 42 HB 3188 Senate Message - Passage w/ SA..................... 43 HB 4043 Senate Message - Passage w/ SA..................... 43 HB 4348 Senate Message - Passage w/ SA..................... 44 HR 0622 Committee Report................................... 8 HR 0637 Committee Report................................... 8 HR 0656 Adoption........................................... 55 HR 0657 Adoption........................................... 55 HR 0658 Adoption........................................... 55 HR 0659 Adoption........................................... 55 HR 0660 Adoption........................................... 55 HR 0663 Adoption........................................... 55 HR 0664 Adoption........................................... 55 HR 0664 Adoption........................................... 55 HR 0665 Adoption........................................... 55 HR 0665 Adoption........................................... 55 HR 0666 Adoption........................................... 55 HR 0667 Adoption........................................... 55 HR 0668 Adoption........................................... 55 HR 0670 Adoption........................................... 55 HR 0672 Adoption........................................... 55 HR 0673 Adoption........................................... 55 HR 0674 Adoption........................................... 55 HR 0675 Adoption........................................... 55 HR 0676 Adoption........................................... 55 HR 0692 Adoption........................................... 55 SB 0121 Committee Report................................... 9 SB 0334 Committee Report................................... 11 SB 0649 Second Reading - Amendment/s....................... 44 SB 0730 Committee Report................................... 9 SB 0810 Committee Report................................... 11 SB 1249 Committee Report................................... 11 SB 1268 Committee Report................................... 9 SB 1273 Committee Report................................... 9 SB 1277 Committee Report................................... 11 SB 1284 Second Reading - Amendment/s....................... 45 SB 1288 Committee Report................................... 8 SB 1291 Committee Report................................... 11 SB 1294 Committee Report................................... 10
3 [March 24, 2000] Bill Number Legislative Action Page(s) SB 1295 Committee Report................................... 8 SB 1296 Committee Report................................... 11 SB 1297 Second Reading..................................... 44 SB 1297 Second Reading..................................... 44 SB 1298 Committee Report................................... 12 SB 1303 Committee Report................................... 11 SB 1304 Committee Report................................... 11 SB 1307 Committee Report................................... 11 SB 1317 Committee Report................................... 11 SB 1319 Committee Report................................... 9 SB 1323 Committee Report................................... 11 SB 1326 Second Reading..................................... 44 SB 1330 Committee Report................................... 10 SB 1332 Committee Report................................... 9 SB 1338 Second Reading..................................... 44 SB 1339 Committee Report................................... 11 SB 1359 Second Reading..................................... 44 SB 1360 Committee Report................................... 9 SB 1361 Committee Report................................... 9 SB 1362 Committee Report................................... 9 SB 1363 Committee Report................................... 9 SB 1364 Committee Report................................... 9 SB 1365 Committee Report................................... 9 SB 1376 Committee Report................................... 10 SB 1377 Committee Report................................... 10 SB 1382 Committee Report................................... 9 SB 1389 Committee Report................................... 8 SB 1391 Committee Report................................... 8 SB 1397 Second Reading..................................... 44 SB 1398 Second Reading..................................... 44 SB 1404 Committee Report................................... 11 SB 1426 Committee Report................................... 9 SB 1434 Second Reading..................................... 44 SB 1444 Committee Report................................... 8 SB 1451 Committee Report................................... 13 SB 1474 Second Reading..................................... 44 SB 1477 Committee Report................................... 10 SB 1498 Second Reading..................................... 44 SB 1504 Committee Report................................... 10 SB 1513 Committee Report................................... 12 SB 1537 Committee Report................................... 8 SB 1540 Committee Report................................... 12 SB 1541 Committee Report................................... 8 SB 1550 Second Reading - Amendment/s....................... 50 SB 1588 Committee Report................................... 12 SB 1588 Committee Report................................... 12 SB 1589 Committee Report................................... 8 SB 1613 Second Reading..................................... 44 SB 1617 Second Reading..................................... 44 SB 1620 Committee Report................................... 9 SB 1626 Committee Report................................... 12 SB 1627 Committee Report................................... 11 SB 1630 Second Reading..................................... 44 SB 1638 Committee Report................................... 7 SB 1645 Committee Report................................... 11 SB 1648 Second Reading..................................... 44 SB 1650 Second Reading..................................... 44 SB 1651 Committee Report................................... 11 SB 1659 Committee Report................................... 12 SB 1674 Committee Report................................... 11 SB 1682 Second Reading - Amendment/s....................... 54 SB 1690 Second Reading - Amendment/s....................... 54 SB 1693 Committee Report................................... 11 SB 1695 Committee Report................................... 9
[March 24, 2000] 4 Bill Number Legislative Action Page(s) SB 1701 Second Reading..................................... 44 SB 1707 Committee Report................................... 11 SB 1734 Committee Report................................... 11 SB 1780 Committee Report................................... 7 SB 1851 Committee Report................................... 12 SB 1852 Committee Report................................... 8 SB 1861 Second Reading..................................... 44 SB 1862 Committee Report................................... 8 SB 1871 Committee Report................................... 12 SB 1874 Committee Report................................... 11 SB 1881 Committee Report................................... 10 SB 1883 Committee Report................................... 11 SB 1899 Committee Report................................... 11 SB 1923 Committee Report................................... 8 SB 1929 Committee Report................................... 11 SB 2963 Action on Motion................................... 50 SJR 0065 Senate Message..................................... 55
5 [March 24, 2000] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Billy Green with the Gospel Mission Tabernacle in Golconda, Illinois. Representative Hassert led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 113 present. (ROLL CALL 1) By unanimous consent, Representatives Erwin, Giglio, Lindner, Persico and Zickus were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Hartke will replace Representative Mautino, and Representative Hartke will replace Representative Granberg in the Committee on Revenue, for today only. Representative Flowers replaced Representative Currie in the Committee on Revenue on March 16, 2000. Representative Morrow will replace Representative Giglio in the Committee on Transportation & Motor Vehicles, for today only. Representative Flowers replaced Representative Currie in the Committee on Prosecutorial Misconduct on March 14, 2000. Representative Burke replaced Representative Hannig in the Committee on Rules on March 16, 2000. Representative Scott replaced Representative Osterman in the Committee on Children and Youth on March 22, 2000. Representative Steve Davis replaced Representative Lopez in the Committee on Insurance on March 22, 2000. Representative Stroger replaced Representative Giglio in the Committee on Transportation & Motor Vehicles on March 22, 2000. Representative McKeon replaced Representative Smith in the Committee on Elementary & Secondary Education on March 23, 2000. Representative Scott replaced Representative Stroger in the Committee on Environment and Energy on March 23, 2000. Representative Smith will replace Representative Scott, Representative Schoenberg will replace Representative O'Brien, and Representative Scott will replace Representative Smith, in the Committee on Judiciary II - Criminal Law, for today only. Representative Woolard will replace Representative Acevedo in the Committee on Local Government, for today only. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS March 24, 2000 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline to March 30, 2000 for SENATE BILLS 1248, 1340, 1582, 1828, 1829 and 1888. If you have questions, please contact my Chief of Staff, Tim Mapes.
[March 24, 2000] 6 With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS March 24, 2000 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline to March 30, 2000 for SENATE BILL 1278. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House RE-REFERRED TO THE COMMITTEE ON RULES The following bills were re-referred to the Committee on Rules pursuant to Rule 19(a): SENATE BILLS 174, 252, 777, 1276, 1293, 1331, 1393, 1409, 1571, 1653 and 1718. 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 Appropriations-General Services & Government Oversight: SENATE BILLS 1828 and 1829. Committee on Elementary & Secondary Education: SENATE BILL 1888. Committee on Executive: SENATE BILL 1340. Committee on Local Government: SENATE BILL 1582. Committee on Transportation & Motor Vehicles: SENATE BILL 1248. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for SENATE BILLS 730, as amended, and 807, as amended. REQUEST FOR STATE MANDATE NOTES Representative Black requested that State Mandate Notes be supplied for SENATE BILLS 730, as amended, and 807, as amended. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
7 [March 24, 2000] Representative Black requested that a Correctional Budget & Impact Note be supplied for SENATE BILL 730, as amended. REQUEST FOR HOME RULE NOTES Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 730, as amended. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Black requested that a Housing Affordability Impact Note be supplied for SENATE BILL 730, as amended. REQUEST FOR JUDICIAL NOTE Representative Black requested that a Judicial Note be supplied for SENATE BILL 730, as amended. REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Black requested that a Land Conveyance Appraisal Note be supplied for SENATE BILL 730, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Black requested that a Pension Impact Note be supplied for SENATE BILL 730, as amended. REPORTS FROM STANDING COMMITTEES 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: SENATE BILL 1780. The committee roll call vote on SENATE BILL 1780 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon Y Feigenholtz Y Mulligan, Spkpn Y Hamos Y Osterman A Hultgren Y Reitz A Saviano Representative Lyons, Chairperson, from the Committee on Child Support Enforcement to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1638. The committee roll call vote on SENATE BILL 1638 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Giglio Y Bellock Y Hamos A Black A Lyons, Eileen, Spkpn Y Brady Y McCarthy Y Crotty A Mitchell, Jerry
[March 24, 2000] 8 A Curry, Julie A O'Brien, V-Chair Y Schmitz Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1391. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 1541. That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1288. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 637. The committee roll call vote on SENATE BILLS 1288, 1391 and HOUSE RESOLUTION 637 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Hultgren Y Beaubien Y Jones, Shirley Y Bradley Y Lawfer Y Davis, Steve, V-Chair A Moore, Andrea Y Durkin Y Murphy Y Hartke Y Parke Y Hassert, Spkpn A Persico Y Holbrook Y Reitz Y Stroger (Scott) The committee roll call vote on SENATE BILL 1541 is as follows: 9, Yeas; 3, Nays; 4, Answering Present. Y Novak, Chair P Hultgren Y Beaubien P Jones, Shirley N Bradley Y Lawfer Y Davis, Steve, V-Chair Y Moore, Andrea Y Durkin P Murphy N Hartke Y Parke Y Hassert, Spkpn A Persico N Holbrook Y Reitz P Stroger (Scott) Representative Erwin, Chairperson, from the Committee on Higher Education to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1295, 1389, 1444, 1537, 1589 and 1862. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1852 and 1923. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 622. The committee roll call vote on SENATE BILLS 1389, 1444, 1537, 1589, 1862, 1923 and HOUSE RESOLUTION 622 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Erwin, Chair A Lopez Y Bost Y Myers, Richard Y Davis, Monique Y Righter Y Giles Y Smith, Michael Y Howard Y Winkel Y Johnson, Tim Y Wirsing, Spkpn Y Klingler Y Woolard Y Younge
9 [March 24, 2000] The committee roll call vote on SENATE BILL 1295 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Erwin, Chair A Lopez Y Bost Y Myers, Richard Y Davis, Monique Y Righter A Giles A Smith, Michael Y Howard Y Winkel Y Johnson, Tim Y Wirsing, Spkpn Y Klingler Y Woolard Y Younge The committee roll call vote on SENATE BILL 1852 is as follows: 12, Yeas; 0, Nays; 2, Answering Present. Y Erwin, Chair A Lopez Y Bost Y Myers, Richard Y Davis, Monique Y Righter P Giles Y Smith, Michael Y Howard Y Winkel Y Johnson, Tim Y Wirsing, Spkpn Y Klingler Y Woolard P Younge Representative Gash, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILLS 121 and 730. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1268 and 1332. That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1273, 1319, 1360, 1361, 1362, 1363, 1364, 1365, 1382, 1426, 1620 and 1695. The committee roll call vote on SENATE BILLS 1273, 1319, 1382, 1620, and 1695 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Gash, Chair Y Lindner (Righter) Y Bradley Y Lyons, Eileen Y Delgado Y O'Brien Y Durkin Y Scully Y Johnson, Tom Y Smith, Michael, V-Chair (Scott) Y Jones, Lou Y Turner, John Y Winkel, Spkpn The committee roll call vote on SENATE BILLS 1268, 1332, 1360, 1362, 1363, 1364, 1365, and 1426 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Gash, Chair Y Lindner (Righter) Y Bradley Y Lyons, Eileen (Mathias) Y Delgado Y O'Brien Y Durkin Y Scully Y Johnson, Tom Y Smith, Michael, V-Chair (Scott) Y Jones, Lou Y Turner, John Y Winkel, Spkpn The committee roll call vote on SENATE BILL 121 is as follows: 7, Yeas; 5, Nays; 1, Answering Present. Y Gash, Chair N Lindner (Righter) Y Bradley P Lyons, Eileen (Mathias) Y Delgado Y O'Brien N Durkin Y Scully
[March 24, 2000] 10 N Johnson, Tom Y Smith, Michael, V-Chair (Scott) Y Jones, Lou N Turner, John N Winkel, Spkpn The committee roll call vote on SENATE BILL 730 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Gash, Chair N Lindner (Righter) Y Bradley N Lyons, Eileen Y Delgado Y O'Brien (Schoenberg) N Durkin Y Scully N Johnson, Tom Y Smith, Michael, V-Chair (Scott) Y Jones, Lou N Turner, John N Winkel, Spkpn Representative Stroger, Chairperson, from the Committee on Labor & Commerce to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1330. The committee roll call vote on SENATE BILL 1330 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Stroger, Chair Y Johnson, Tom Y Brady Y Jones, Shirley Y Dart Y McKeon, V-Chair Y Davis, Monique A Moore, Andrea Y Harris Y Osmond Y Hoeft A Parke, Spkpn Y Howard Y Sharp Y Hultgren A Slone Y Winters Representative Giles, Chairperson, from the Committee on Local Government to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1294, 1376, 1377, 1504 and 1881. The committee roll call vote on SENATE BILLS 1294, 1377, 1504, and 1881 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Mathias Y Acevedo Y Mautino Y Hartke Y Moffitt, Spkpn Y Lawfer Y Scott Y Skinner The committee roll call vote on SENATE BILL 1376 is as follows: 8, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair Y Mathias Y Acevedo Y Mautino N Hartke Y Moffitt, Spkpn Y Lawfer Y Scott Y Skinner Representative Giles, Chairperson, from the Committee on Local Government to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1477. The committee roll call vote on SENATE BILL 1477 is as follows:
11 [March 24, 2000] 6, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair A Mathias Y Acevedo Y Mautino Y Hartke Y Moffitt, Spkpn N Lawfer Y Scott A Skinner Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1323 and 1404. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1339. The committee roll call vote on SENATE BILLS 1323, 1339, and 1404 is as follows: 16, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Bugielski, V-Chair Y Meyer Y Burke Y Mulligan Y Coulson A Novak Y Crotty Y Reitz Y Davis, Steve Y Stephens Y Zickus, Spkpn (Righter) Representative Pugh, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 810, 1249, 1277, 1307, 1317, 1651, and 1674. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 334, 1296, 1303, 1304, 1627, 1645, 1693, 1707, 1899 and 1929. The committee roll call vote on SENATE BILL 1883 is as follows: 5, Yeas; 4, Nays; 0, Answering Present. Y Pugh, Chair Y Currie N Beaubien Y Granberg N Biggins Y Mautino, V-Chair N Cross N Moore, Andrea, Spkpn Y Turner, Art The committee roll call vote on SENATE BILLS 334, 810, 1249, 1277, 1296, 1303, 1304, 1307, 1317, 1627, 1645, 1651, 1674, 1693, 1707, 1899, and 1929. is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien Y Granberg Y Biggins Y Mautino, V-Chair Y Cross Y Moore, Andrea, Spkpn Y Turner, Art Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1291, 1734 and 1874. That the bill be reported "do pass, as amended" and be placed on
[March 24, 2000] 12 the order of Second Reading -- Short Debate: SENATE BILLS 1513, 1540, 1659 and 1871. The committee roll call vote on SENATE BILLS 1291, 1513, 1540, 1659, 1734, 1871, and 1874 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Lang Y Curry, Julie Y Mitchell, Bill Y Feigenholtz Y O'Connor, Spkpn Y Franks Y Schmitz Y Sommer Representative Fritchey, Chairperson, from the Committee on Tobacco Settlement Proceeds Distribution to which the following were referred, action taken on March 23, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1851. The committee roll call vote on SENATE BILL 1851 is as follows: 18, Yeas; 0, Nays; 0, Answering Present. Y Fritchey, Chair Y Krause A Beaubien Y Mitchell, Bill, Spkpn A Bellock A Moore, Andrea Y Biggins Y Mulligan A Boland Y Myers, Richard Y Bost Y Novak Y Coulson Y O'Connor A Davis, Monique A Osterman Y Durkin Y Pankau A Feigenholtz, V-Chair Y Pugh A Flowers Y Righter A Garrett A Schoenberg Y Gash A Scott A Giles A Skinner Y Hamos Y Slone Y Hoffman A Zickus Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1298 and 1626. That the bill be "tabled in Committee" pursuant to House Rule 22(g): SENATE BILL 1588. The committee roll call vote on SENATE BILL 1298 is as follows: 19, Yeas; 9, Nays; 0, Answering Present. Y Hoffman, Chair Y Lyons, Joseph Y Bassi Y Mathias Y Black Y McAuliffe Y Brosnahan N Moffitt Y Fowler N Myers, Richard Y Garrett N O'Brien Y Giglio, V-Chair (Morrow) Y Osterman Y Hamos N Pankau Y Harris N Reitz N Hartke Y Schmitz N Hassert Y Scully Y Holbrook A Sharp N Jones, John N Wait, Spkpn Y Kosel Y Wojcik Y Zickus (Winters) The committee roll call vote on SENATE BILL 1626 is as follows:
13 [March 24, 2000] 17, Yeas; 9, Nays; 2, Answering Present. Y Hoffman, Chair P Lyons, Joseph Y Bassi Y Mathias N Black N McAuliffe Y Brosnahan Y Moffitt Y Fowler Y Myers, Richard Y Garrett N O'Brien N Giglio, V-Chair (Morrow) Y Osterman Y Hamos N Pankau Y Harris N Reitz N Hartke Y Schmitz Y Hassert Y Scully P Holbrook A Sharp N Jones, John Y Wait, Spkpn Y Kosel N Wojcik Y Zickus (Winters) Representative McCarthy, 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 bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1451. The committee roll call vote on SENATE BILL 1451 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. A Scott, Chair Y McCarthy, V-Chair Y Bassi Y McKeon Y Dart Y O'Connor Y Garrett Y Parke Y Harris A Slone Y Mathias, Spkpn Y Winters Y McAuliffe A Younge Y Zickus (Sommer) MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 2580 A bill for AN ACT concerning higher education, amending named Acts. HOUSE BILL NO. 2883 A bill for AN ACT to amend the Illinois Vehicle Code by changing Sections 2-123, 6-204, and 16-104a. HOUSE BILL NO. 2885 A bill for AN ACT to amend the Civil Administrative Code of Illinois by changing Section 205-15. HOUSE BILL NO. 3119 A bill for AN ACT amending the Good Samaritan Food Donor Act by adding Section 2.14 and changing Section 3. HOUSE BILL NO. 3131 A bill for AN ACT in concerning township plan commissions. HOUSE BILL NO. 3558 A bill for AN ACT to amend the Abandoned Mined Lands and Water
[March 24, 2000] 14 Reclamation Act by changing Section 2.11. HOUSE BILL NO. 3840 A bill for AN ACT to amend the School Code by changing Sections 34-2.1, 34-2.3, and 34-8.1. HOUSE BILL NO. 4092 A bill for AN ACT concerning county officers. HOUSE BILL NO. 4138 A bill for AN ACT to amend the Clerks of Courts Act by changing Section 27.3b. HOUSE BILL NO. 4266 A bill for AN ACT in relation to adult education. Passed by the Senate, March 24, 2000. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 486 A bill for AN ACT concerning kidney transplants. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 486. Passed the Senate, as amended, March 24, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 486 as follows: by replacing the title with the following: "AN ACT concerning organ transplants."; and by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by adding Section 2310-260 as follows: (20 ILCS 2310/2310-260 new) Sec. 2310-260. Payments for post transplant maintenance and retention. (a) The Department shall establish and administer a program to pay recipients for drugs and other costs prescribed exclusively for post transplant maintenance and retention when those costs are not otherwise reimbursed. The Department shall establish eligibility standards and an application process by rule. Notwithstanding any other provision of this Code to the contrary, the Department may, by rule, require participants to pay a co-payment for the drugs covered under this program. (b) Participation in the program shall be limited to persons whose household income is not greater than 400% of the federal poverty level as established by the federal Office of Management and Budget. The program shall be available only to eligible Illinois residents who have resided in Illinois for at least 12 months; however, a person shall not be excluded because that person received the transplant outside of the State of Illinois.
15 [March 24, 2000] (c) The Department shall pay a maximum amount per transplant recipient based on the following: (1) Available moneys in the Post Transplant Maintenance and Retention Fund. (2) Covered immunosuppressive drugs. (3) The terms of any contract between the Department and the provider. The reimbursement rates shall be the same as the Medicaid reimbursement rate for the drug, minus any co-payment and other medical services. (d) Payment shall be made under the program to or on behalf of a program-eligible recipient only for costs not reimbursed or eligible for reimbursement by any other third party or governmental entity, including, without limitation, private or group insurance, Medicaid, Medicare, and the Veterans Administration. The Director may, however, waive this requirement in individually considered cases if the Director determines that its enforcement will deny services to a class of post transplant patients because of conflicting State or federal laws or regulations. (e) The Director may restrict or categorize reimbursements to meet budgetary limitations. (f) The Director shall maintain an immunosuppressive drug formulary that shall include all drugs eligible for reimbursement by the program. The Director shall establish an internal review procedure for updating the formulary; the procedure shall allow the addition and deletion of allowable drugs to the formulary. The internal review procedure shall take place at least quarterly during a fiscal year. (g) Payments made under the program established under this Section shall be made, subject to appropriations, from the Post Transplant Maintenance and Retention Fund, a special fund that is hereby created in the State Treasury. The following shall be deposited into the Fund: (i) amounts appropriated to the Department for that purpose, and (ii) gifts, grants, and donations for that purpose from public and private sources. Interest accruing on moneys in the Fund shall remain in the Fund. Moneys in the Fund may be used only by the Department to make payments for post transplant maintenance and retention under the program established under this Section. (h) Moneys remaining in the Post Transplant Maintenance and Retention Fund at the end of the fiscal year may be used in the following fiscal year. Section 10. The State Finance Act is amended by adding Section 5.541 as follows: (30 ILCS 105/5.541 new) Sec. 5.541. The Post Transplant Maintenance and Retention Fund. Section 99. Effective date. This Act takes effect on July 1, 2000.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 486 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2574 A bill for AN ACT to amend the Illinois Controlled Substances Act by changing Sections 309, 312, and 406, by adding Sections 316, 317, 318, 319, and 320 and repealing Sections 308, 310, and 311. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
[March 24, 2000] 16 Senate Amendment No. 1 to HOUSE BILL NO. 2574. Senate Amendment No. 3 to HOUSE BILL NO. 2574. Senate Amendment No. 4 to HOUSE BILL NO. 2574. Passed the Senate, as amended, March 24, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2574 as follows: on page 1, lines 2 and 8, after "312," each time it appears, by inserting "313,"; and on page 2, line 1, by changing "a written" to "an oral"; and on line 2, by replacing "72 hours" with "7 days
17 [March 24, 2000] more than seven years; the original and triplicate copy shall be returned to the Department at its principal office in accordance with requirements set forth by the Department. (Source: P.A. 89-202, eff. 10-1-95.)"; and on line 9, by replacing "Controlled" with "Schedule II controlled"; and on lines 11, 14, 19, 21, 22, and 31, before "controlled" each time it appears, by inserting "Schedule II"; and by deleting line 24; and on line 25, by changing "(G)" to "(F)"; and on line 27, by changing "(H)" to "(G)"; and on page 10, after line 7, by inserting the following: "Schedule II controlled substances are exempt from the requirements of this Section to the extent provided in Section 313."; and by deleting line 27; and on line 28, by changing "(G)" to "(F)"; and on line 30, by changing "(H)" to "(G)"; and on page 11, line 2, by changing "shall" to "must" and by inserting "electronic" before "access"; and on page 14, line 17, before "controlled", by inserting "Schedule II"; and on line 18, after the period, by inserting the following: "The advisory committee shall consist of prescribers and dispensers."; and on page 17, after line 9, by inserting the following: "Section 99. Effective date. This Act takes effect April 1, 2000.". AMENDMENT NO. 3. Amend House Bill 2574, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Illinois Controlled Substances Act by changing Sections 102, 201, 309, 312, 313, and 316."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Controlled Substances Act is amended by changing Sections 102, 201, 309, 312, 313, and 316 as follows: (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) Sec. 102. Definitions. As used in this Act, unless the context otherwise requires: (a) "Addict" means any person who habitually uses any drug, chemical, substance or dangerous drug other than alcohol so as to endanger the public morals, health, safety or welfare or who is so far addicted to the use of a dangerous drug or controlled substance other than alcohol as to have lost the power of self control with reference to his addiction. (b) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his authorized agent), or (2) the patient or research subject at the lawful direction of the practitioner. (c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman. (c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes: (i) boldenone, (ii) chlorotestosterone, (iii) chostebol, (iv) dehydrochlormethyltestosterone, (v) dihydrotestosterone, (vi) drostanolone, (vii) ethylestrenol, (viii) fluoxymesterone, (ix) formebulone,
[March 24, 2000] 18 (x) mesterolone, (xi) methandienone, (xii) methandranone, (xiii) methandriol, (xiv) methandrostenolone, (xv) methenolone, (xvi) methyltestosterone, (xvii) mibolerone, (xviii) nandrolone, (xix) norethandrolone, (xx) oxandrolone, (xxi) oxymesterone, (xxii) oxymetholone, (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, (xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act. (d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule under Article II of this Act whether by transfer from another Schedule or otherwise. (f) "Controlled Substance" means a drug, substance, or immediate precursor in the Schedules of Article II of this Act. (g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. (h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship. (i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency. (j) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency. (k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency. (l) "Department of Professional Regulation" means the Department of Professional Regulation of the State of Illinois or its successor agency. (m) "Depressant" or "stimulant substance" means: (1) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or (2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of
19 [March 24, 2000] amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the central nervous system; or (3) lysergic acid diethylamide; or (4) any drug which contains any quantity of a substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (n) (Blank).
[March 24, 2000] 20 primarily for use, in the manufacture of a controlled substance; (2) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance. (w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency. (x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force. (y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant: (a) statements made by the owner or person in control of the substance concerning its nature, use or effect; (b) statements made to the buyer or recipient that the substance may be resold for profit; (c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances; (d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance. Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble. Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances. Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). (y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription. (z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include: (1) by an ultimate user, the preparation or compounding of a controlled substance for his own use; or
21 [March 24, 2000] (2) by a practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance: (a) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or (b) as an incident to lawful research, teaching or chemical analysis and not for sale. (z-1) "Methamphetamine manufacturing chemical" means any of the following chemicals or substances containing any of the following chemicals: benzyl methyl ketone, ephedrine, methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or pseudoephedrine or any of the salts, optical isomers, or salts of optical isomers of the above-listed chemicals. (aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium; (3) opium poppy and poppy straw; (4) coca leaves and any salts, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers). (bb) "Nurse" means a registered nurse licensed under the Nursing and Advanced Practice Nursing Act. (cc) (Blank).
[March 24, 2000] 22 course of professional practice or research. (ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance. (mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian who issues a prescription, a physician assistant who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse with prescriptive authority in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian for any controlled substance, of a physician assistant for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or of an advanced practice nurse who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance. (pp) "Registrant" means every person who is required to register under Section 302 of this Act. (qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State. (rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. (ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household. (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff. 3-23-99; 91-403, eff. 1-1-00.) (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) Sec. 201. (a) The Department shall carry out the provisions of this Article. The Department or its successor agency may add substances to or delete or reschedule all controlled substances in the Schedules of Sections 204, 206, 208, 210 and 212 of this Act
23 [March 24, 2000]
[March 24, 2000] 24 (Text of Section before amendment by P.A. 91-576) Sec. 309. No person shall issue a prescription for a Schedule II controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; gluthethimide; pentazocine; or which is hereafter determined to be a "designated product," as defined in Section 102 of this Act, other than on the official prescription blank issued by the Department and no person shall fill any such prescription other than on the official prescription blank issued by the Department; provided that in the case of an emergency, epidemic or a sudden or unforeseen accident or calamity, the prescriber may issue a lawful oral prescription or transmit via facsimile equipment a written prescription order or a written prescription on a blank other than the official prescription blank issued by the Department where failure to issue such a prescription might result in loss of life or intense suffering, but such prescription shall have endorsed thereon by the prescriber a statement concerning the accident or calamity, or circumstances constituting the emergency, the cause for which the unofficial blank was used. Within 72 hours after issuing an emergency prescription, the prescriber shall cause a written prescription on the official prescription blank for the emergency quantity prescribed to be delivered to the dispensing pharmacist. The prescription shall have written on its face "Authorization for Emergency Dispensing", and the date of the emergency prescription. The written prescription on the official prescription blank may be delivered to the pharmacist in person or by mail, but if delivered by mail it must be postmarked within the 72-hour period. Upon receipt, the dispensing pharmacist shall attach this prescription to the emergency prescription earlier received, or in the case of an oral prescription, reduced to writing. The dispensing pharmacist shall notify the Department of Human Services if the prescriber fails to deliver the authorization for emergency dispensing on the official prescription blank to him. Failure of the dispensing pharmacist to do so shall void the authority conferred by this paragraph to dispense without a written prescription on an official prescription blank of a prescriber. All prescriptions on the official blanks shall be written in triplicate and all three copies signed by the prescriber. All prescriptions issued for Schedule II controlled substances shall include both a written and numerical notation of quantity on the face of the prescription. No prescription for a Schedule II controlled substance may be refilled. (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.) (Text of Section after amendment by P.A. 91-576) Sec. 309. On or after April 1, 2000, no person shall issue a prescription for a Schedule II controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; gluthethimide; and pentazocine
25 [March 24, 2000] reduced to writing. The dispensing pharmacist shall notify the Department of Human Services if the prescriber fails to deliver the authorization for emergency dispensing on the prescription to him. Failure of the dispensing pharmacist to do so shall void the authority conferred by this paragraph to dispense without a written prescription of a prescriber. All prescriptions issued for Schedule II controlled substances shall include both a written and numerical notation of quantity on the face of the prescription. No prescription for a Schedule II controlled substance may be refilled. (Source: P.A. 91-576, eff. 4-1-00.) (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312) (Text of Section before amendment by P.A. 91-576) Sec. 312. Requirements for dispensing controlled substances. (a) A practitioner, in good faith, may dispense a Schedule II controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; pentazocine; or which is hereafter determined to be a "designated product," as defined in Section 102 of this Act to any person upon an official prescription form and Schedule III, IV, or V controlled substances to any person upon a written prescription of any prescriber, dated and signed by the person prescribing on the day when issued and bearing the name and address of the patient for whom, or the owner of the animal for which the controlled substance is dispensed, and the full name, address and registry number under the laws of the United States relating to controlled substances of the prescriber, if he is required by those laws to be registered. If the prescription is for an animal it shall state the species of animal for which it is ordered. The practitioner filling the prescription shall write the date of filling and his own signature on the face of the official prescription form. The official prescription form or the written prescription shall be retained on file by the practitioner who filled it or pharmacy in which the prescription was filled for a period of 2 years, so as to be readily accessible for inspection or removal by any officer or employee engaged in the enforcement of this Act. Whenever the practitioner's or pharmacy's copy of any prescription form is removed by an officer or employee engaged in the enforcement of this Act, for the purpose of investigation or as evidence, such officer or employee shall give to the practitioner or pharmacy a receipt in lieu thereof. A prescription form for a Schedule II controlled substance shall not be filled more than 7 days after the date of issuance. A written prescription for Schedule III, IV or V controlled substances shall not be filled or refilled more than 6 months after the date thereof or refilled more than 5 times unless renewed, in writing, by the prescriber. (b) In lieu of a written prescription required by this Section, a pharmacist, in good faith, may dispense Schedule III, IV, or V substances to any person either upon receiving a facsimile of a written, signed prescription transmitted by the prescriber or the prescriber's agent or upon a lawful oral prescription of a prescriber which oral prescription shall be reduced promptly to writing by the pharmacist and such written memorandum thereof shall be dated on the day when such oral prescription is received by the pharmacist and shall bear the full name and address of the ultimate user for whom, or of the owner of the animal for which the controlled substance is dispensed, and the full name, address, and registry number under the law of the United States relating to controlled substances of the prescriber prescribing if he is required by those laws to be so registered, and the pharmacist filling such oral prescription shall write the date of filling and his own signature on the face of such written memorandum thereof. The facsimile copy of the prescription or written memorandum of the oral prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of not less than two years, so as to be readily accessible for inspection by any officer or employee engaged in the enforcement of this Act in the same manner as a written prescription. The facsimile copy of the prescription or oral
[March 24, 2000] 26 prescription and the written memorandum thereof shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed, in writing, by the prescriber. (c) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose and not for the purpose of evading this Act, and then: (1) only personally by a person registered to dispense a Schedule V controlled substance and then only to his patients, or (2) only personally by a pharmacist, and then only to a person over 21 years of age who has identified himself to the pharmacist by means of 2 positive documents of identification. (3) the dispenser shall record the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the dispenser's signature. (4) no person shall purchase or be dispensed more than 120 milliliters or more than 120 grams of any Schedule V substance which contains codeine, dihydrocodeine, or any salts thereof, or ethylmorphine, or any salts thereof, in any 96 hour period. The purchaser shall sign a form, approved by the Department of Professional Regulation, attesting that he has not purchased any Schedule V controlled substances within the immediately preceding 96 hours. (5) a copy of the records of sale, including all information required by paragraph (3), shall be forwarded to the Department of Professional Regulation at its principal office by the 15th day of the following month. (6) all records of purchases and sales shall be maintained for not less than 2 years. (7) no person shall obtain or attempt to obtain within any consecutive 96 hour period any Schedule V substances of more than 120 milliliters or more than 120 grams containing codeine, dihydrocodeine or any of its salts, or ethylmorphine or any of its salts. Any person obtaining any such preparations or combination of preparations in excess of this limitation shall be in unlawful possession of such controlled substance. (8) a person qualified to dispense controlled substances under this Act and registered thereunder shall at no time maintain or keep in stock a quantity of Schedule V controlled substances defined and listed in Section 212 (b) (1), (2) or (3) in excess of 4.5 liters for each substance; a pharmacy shall at no time maintain or keep in stock a quantity of Schedule V controlled substances as defined in excess of 4.5 liters for each substance, plus the additional quantity of controlled substances necessary to fill the largest number of prescription orders filled by that pharmacy for such controlled substances in any one week in the previous year. These limitations shall not apply to Schedule V controlled substances which Federal law prohibits from being dispensed without a prescription. (9) no person shall distribute or dispense butyl nitrite for inhalation or other introduction into the human body for euphoric or physical effect. (d) Every practitioner shall keep a record of controlled substances received by him and a record of all such controlled substances administered, dispensed or professionally used by him otherwise than by prescription. It shall, however, be sufficient compliance with this paragraph if any practitioner utilizing controlled substances listed in Schedules III, IV and V shall keep a record of all those substances dispensed and distributed by him other than those controlled substances which are administered by the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject. A practitioner who dispenses, other than by administering, a controlled substance in Schedule II, which is a narcotic drug listed in Section 206 of this Act, or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers, pentazocine, methaqualone, or which is hereafter determined to
27 [March 24, 2000] be a "designated product" as defined in Section 102 of this Act, shall do so only upon the issuance of an official prescription blank by a prescriber; and every practitioner who so dispenses such designated products shall comply with the provisions of Sections 310 and 311 of this Act. (e) Whenever a manufacturer distributes a controlled substance in a package prepared by him, and whenever a wholesale distributor distributes a controlled substance in a package prepared by him or the manufacturer, he shall securely affix to each package in which that substance is contained a label showing in legible English the name and address of the manufacturer, the distributor and the quantity, kind and form of controlled substance contained therein. No person except a pharmacist and only for the purposes of filling a prescription under this Act, shall alter, deface or remove any label so affixed. (f) Whenever a practitioner dispenses any controlled substance, he shall affix to the container in which such substance is sold or dispensed, a label indicating the date of initial filling, the practitioner's name and address, the serial number of the prescription, the name of the patient, the name of the prescriber, the directions for use and cautionary statements, if any, contained in any prescription or required by law, the proprietary name or names or the established name of the controlled substance, and the dosage and quantity, except as otherwise authorized by regulation by the Department of Professional Regulation. No person shall alter, deface or remove any label so affixed. (g) A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner, or other persons authorized under this Act, and the owner of any animal for which such substance has been prescribed or dispensed by a veterinarian, may lawfully possess such substance only in the container in which it was delivered to him by the person dispensing such substance. (h) The responsibility for the proper prescribing or dispensing of controlled substances is upon the prescriber and the responsibility for the proper filling of a prescription for controlled substance drugs rests with the pharmacist. An order purporting to be a prescription issued to any individual, which is not in the regular course of professional treatment nor part of an authorized methadone maintenance program, nor in legitimate and authorized research instituted by any accredited hospital, educational institution, charitable foundation, or federal, state or local governmental agency, and which is intended to provide that individual with controlled substances sufficient to maintain that individual's or any other individual's physical or psychological addiction, habitual or customary use, dependence, or diversion of that controlled substance is not a prescription within the meaning and intent of this Act; and the person issuing it, shall be subject to the penalties provided for violations of the law relating to controlled substances. (i) A prescriber shall not preprint or cause to be preprinted a prescription for any controlled substance; nor shall any practitioner issue, fill or cause to be issued or filled, a preprinted prescription for any controlled substance. (j) No person shall manufacture, dispense, deliver, possess with intent to deliver, prescribe, or administer or cause to be administered under his direction any anabolic steroid, for any use in humans other than the treatment of disease in accordance with the order of a physician licensed to practice medicine in all its branches for a valid medical purpose in the course of professional practice. The use of anabolic steroids for the purpose of hormonal manipulation that is intended to increase muscle mass, strength or weight without a medical necessity to do so, or for the intended purpose of improving physical appearance or performance in any form of exercise, sport, or game, is not a valid medical purpose or in the course of professional practice. (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.) (Text of Section after amendment by P.A. 91-576) Sec. 312. Requirements for dispensing controlled substances. (a) A practitioner, in good faith, may dispense a Schedule II
[March 24, 2000] 28 controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; or pentazocine;
29 [March 24, 2000] milliliters or more than 120 grams of any Schedule V substance which contains codeine, dihydrocodeine, or any salts thereof, or ethylmorphine, or any salts thereof, in any 96 hour period. The purchaser shall sign a form, approved by the Department of Professional Regulation, attesting that he has not purchased any Schedule V controlled substances within the immediately preceding 96 hours. (5) a copy of the records of sale, including all information required by paragraph (3), shall be forwarded to the Department of Professional Regulation at its principal office by the 15th day of the following month. (6) all records of purchases and sales shall be maintained for not less than 2 years. (7) no person shall obtain or attempt to obtain within any consecutive 96 hour period any Schedule V substances of more than 120 milliliters or more than 120 grams containing codeine, dihydrocodeine or any of its salts, or ethylmorphine or any of its salts. Any person obtaining any such preparations or combination of preparations in excess of this limitation shall be in unlawful possession of such controlled substance. (8) a person qualified to dispense controlled substances under this Act and registered thereunder shall at no time maintain or keep in stock a quantity of Schedule V controlled substances defined and listed in Section 212 (b) (1), (2) or (3) in excess of 4.5 liters for each substance; a pharmacy shall at no time maintain or keep in stock a quantity of Schedule V controlled substances as defined in excess of 4.5 liters for each substance, plus the additional quantity of controlled substances necessary to fill the largest number of prescription orders filled by that pharmacy for such controlled substances in any one week in the previous year. These limitations shall not apply to Schedule V controlled substances which Federal law prohibits from being dispensed without a prescription. (9) no person shall distribute or dispense butyl nitrite for inhalation or other introduction into the human body for euphoric or physical effect. (d) Every practitioner shall keep a record of controlled substances received by him and a record of all such controlled substances administered, dispensed or professionally used by him otherwise than by prescription. It shall, however, be sufficient compliance with this paragraph if any practitioner utilizing controlled substances listed in Schedules III, IV and V shall keep a record of all those substances dispensed and distributed by him other than those controlled substances which are administered by the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject. A practitioner who dispenses, other than by administering, a controlled substance in Schedule II, which is a narcotic drug listed in Section 206 of this Act, or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers, pentazocine, or methaqualone
[March 24, 2000] 30 shall affix to the container in which such substance is sold or dispensed, a label indicating the date of initial filling, the practitioner's name and address, the name of the patient, the name of the prescriber, the directions for use and cautionary statements, if any, contained in any prescription or required by law, the proprietary name or names or the established name of the controlled substance, and the dosage and quantity, except as otherwise authorized by regulation by the Department of Professional Regulation. No person shall alter, deface or remove any label so affixed. (g) A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner, or other persons authorized under this Act, and the owner of any animal for which such substance has been prescribed or dispensed by a veterinarian, may lawfully possess such substance only in the container in which it was delivered to him by the person dispensing such substance. (h) The responsibility for the proper prescribing or dispensing of controlled substances is upon the prescriber and the responsibility for the proper filling of a prescription for controlled substance drugs rests with the pharmacist. An order purporting to be a prescription issued to any individual, which is not in the regular course of professional treatment nor part of an authorized methadone maintenance program, nor in legitimate and authorized research instituted by any accredited hospital, educational institution, charitable foundation, or federal, state or local governmental agency, and which is intended to provide that individual with controlled substances sufficient to maintain that individual's or any other individual's physical or psychological addiction, habitual or customary use, dependence, or diversion of that controlled substance is not a prescription within the meaning and intent of this Act; and the person issuing it, shall be subject to the penalties provided for violations of the law relating to controlled substances. (i) A prescriber shall not preprint or cause to be preprinted a prescription for any controlled substance; nor shall any practitioner issue, fill or cause to be issued or filled, a preprinted prescription for any controlled substance. (j) No person shall manufacture, dispense, deliver, possess with intent to deliver, prescribe, or administer or cause to be administered under his direction any anabolic steroid, for any use in humans other than the treatment of disease in accordance with the order of a physician licensed to practice medicine in all its branches for a valid medical purpose in the course of professional practice. The use of anabolic steroids for the purpose of hormonal manipulation that is intended to increase muscle mass, strength or weight without a medical necessity to do so, or for the intended purpose of improving physical appearance or performance in any form of exercise, sport, or game, is not a valid medical purpose or in the course of professional practice. (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00.) (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313) (Text of Section before amendment by P.A. 91-576) Sec. 313. (a) Controlled substances which are lawfully administered in hospitals or institutions licensed under the "Hospital Licensing Act" shall be exempt from the requirements of Sections 308 and 312 except that the prescription for the controlled substance shall be in writing on the patient's record, signed by the prescriber, dated, and shall state the name, and quantity of controlled substances ordered and the quantity actually administered. The records of such prescriptions shall be maintained for two years and shall be available for inspection by officers and employees of the Department of State Police, and the Department of Professional Regulation. (b) Controlled substances that can lawfully be administered or dispensed directly to a patient in a long-term care facility licensed by the Department of Public Health as a skilled nursing facility, intermediate care facility, or long-term care facility for residents under 22 years of age, are exempt from the requirements of Sections 308 and 312, except that a prescription for a Schedule II controlled substance must be either a written prescription signed by the
31 [March 24, 2000] prescriber or a written prescription transmitted by the prescriber or prescriber's agent to the dispensing pharmacy by facsimile. The facsimile serves as the original written prescription and must be maintained for 2 years from the date of issue in the same manner as a written prescription signed by the prescriber. (c) A prescription that is written for a Schedule II controlled substance to be compounded for direct administration by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion to a patient in a private residence, long-term care facility, or hospice setting may be transmitted by facsimile by the prescriber or the prescriber's agent to the pharmacy providing the home infusion services. (d) Controlled substances which are lawfully administered and/or dispensed in drug abuse treatment programs licensed by the Department shall be exempt from the requirements of Sections 308 and 312, except that the prescription for such controlled substances shall be issued and authenticated on official prescription logs prepared and supplied by the Department. The official prescription logs issued by the Department shall be printed in triplicate on distinctively marked paper and furnished to programs at reasonable cost. The official prescription logs furnished to the programs shall contain, in preprinted form, such information as the Department may require. The official prescription logs shall be properly endorsed by a physician licensed to practice medicine in all its branches issuing the order, with his own signature and the date of ordering, and further endorsed by the practitioner actually administering or dispensing the dosage at the time of such administering or dispensing in accordance with requirements issued by the Department. The duplicate copy shall be retained by the program for a period of not less than three years nor more than seven years; the original and triplicate copy shall be returned to the Department at its principal office in accordance with requirements set forth by the Department. (Source: P.A. 89-202, eff. 10-1-95.) (Text of Section after amendment by P.A. 91-576) Sec. 313. (a) Controlled substances which are lawfully administered in hospitals or institutions licensed under the "Hospital Licensing Act" shall be exempt from the requirements of Sections 312 and 316 except that the prescription for the controlled substance shall be in writing on the patient's record, signed by the prescriber, dated, and shall state the name, and quantity of controlled substances ordered and the quantity actually administered. The records of such prescriptions shall be maintained for two years and shall be available for inspection by officers and employees of the Department of State Police, and the Department of Professional Regulation. (b) Controlled substances that can lawfully be administered or dispensed directly to a patient in a long-term care facility licensed by the Department of Public Health as a skilled nursing facility, intermediate care facility, or long-term care facility for residents under 22 years of age, are exempt from the requirements of Section
[March 24, 2000] 32 substance for a patient residing in a hospice certified by Medicare under Title XVIII of the Social Security Act or licensed by the State may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The practitioner or practitioner's agent must note on the prescription that the patient is a hospice patient. The facsimile serves as the original written prescription for purposes of this paragraph (c-1) and it shall be maintained in the same manner as the original written prescription.
33 [March 24, 2000] under Section 313.
[March 24, 2000] 34 (22) Dipipanone; (23) Ethylmethylthiambutene; (24) Etonitazene; (25) Etoxeridine; (26) Furethidine; (27) Hydroxpethidine; (28) Ketobemidone; (29) Levomoramide; (30) Levophenacylmorphan; (31) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide); (31.1) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl- 4-piperidinyl]-N-phenylpropanamide); (32) Morpheridine; (33) Noracymethadol; (34) Norlevorphanol; (35) Normethadone; (36) Norpipanone; (36.1) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)- 4-piperidinyl]propanamide); (37) Phenadoxone; (38) Phenampromide; (39) Phenomorphan; (40) Phenoperidine; (41) Piritramide; (42) Proheptazine; (43) Properidine; (44) Propiram; (45) Racemoramide; (45.1) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl- 4-piperidinyl]-propanamide); (46) Tilidine; (47) Trimeperidine; (48) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]- N-phenylpropanamide). (c) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Diacetyldihydromorphine (Dihydroheroin); (9) Dihydromorphine; (10) Drotebanol; (11) Etorphine (except hydrochloride salt); (12) Heroin; (13) Hydromorphinol; (14) Methyldesorphine; (15) Methyldihydromorphine; (16) Morphine methylbromide; (17) Morphine methylsulfonate; (18) Morphine-N-Oxide; (19) Myrophine; (20) Nicocodeine; (21) Nicomorphine; (22) Normorphine;
35 [March 24, 2000] (23) Pholcodine; (24) Thebacon. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers): (1) 3,4-methylenedioxyamphetamine (alpha-methyl,3,4-methylenedioxyphenethylamine, methylenedioxyamphetamine, MDA); (1.1) Alpha-ethyltryptamine (some trade or other names: etryptamine; MONASE; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)indole; a-ET; and AET); (2) 3,4-methylenedioxymethamphetamine (MDMA); (2.1) 3,4-methylenedioxy-N-ethylamphetamine (also known as: N-ethyl-alpha-methyl- 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE, and MDEA); (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); (4) 3,4,5-trimethoxyamphetamine (TMA); (5) (Blank);
[March 24, 2000] 36 other names: l-(l-phenylcyclohexyl) pyrrolidine, PCPy, PHP; (25) 5-methoxy-3,4-methylenedioxy-amphetamine; (26) 2,5-dimethoxy-4-ethylamphetamine (another name: DOET); (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (another name: TCPy); (28) (Blank);
37 [March 24, 2000] (1) Opium and opiates, and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, dextrorphan, levopropoxyphene, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following: (i) Raw Opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine; (ix) Etorphine Hydrochloride; (x) Hydrocodone; (xi) Hydromorphone; (xii) Metopon; (xiii) Morphine; (xiv) Oxycodone; (xv) Oxymorphone; (xvi) Thebaine; (xvii) Thebaine-derived butorphanol. (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (1), but not including the isoquinoline alkaloids of opium; (3) Opium poppy and poppy straw; (4) Coca leaves and any salt, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers); (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy). (c) Unless specifically excepted or unless listed in another schedule any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan excepted: (1) Alfentanil; (1.1) Carfentanil; (2) Alphaprodine; (3) Anileridine; (4) Bezitramide; (5) Bulk Dextropropoxyphene (non-dosage forms); (6) Dihydrocodeine; (7) Diphenoxylate; (8) Fentanyl; (9) Sufentanil; (9.5) Remifentanil; (10) Isomethadone; (11) Levomethorphan; (12) Levorphanol (Levorphan); (13) Metazocine; (14) Methadone; (15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane; (16) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; (17) Pethidine (meperidine); (18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
[March 24, 2000] 38 (19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (21) Phenazocine; (22) Piminodine; (23) Racemethorphan; (24) Racemorphan; (25) Levo-alphacetylmethadol (some other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM). (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, its salts, isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate. (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital; (2) Secobarbital; (3) Pentobarbital; (4) Pentazocine; (5) Phencyclidine; (6) Gluthethimide; (7) (Blank).
39 [March 24, 2000] except that it contains a lesser quantity of controlled substances; (2) Benzphetamine; (3) Chlorphentermine; (4) Clortermine; (5) Phendimetrazine. (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule; (2) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital or any salt of any of these drugs and approved by the Federal Food and Drug Administration for marketing only as a suppository; (3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt thereof: (4) Chlorhexadol; (5) Methyprylon; (6) Sulfondiethylmethane; (7) Sulfonethylmethane; (8) Sulfonmethane; (9) Lysergic acid; (10) Lysergic acid amide; (10.1) Tiletamine or zolazepam or both, or any salt of either of them. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for Tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo- [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon. (11) Any material, compound, mixture or preparation containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of aspirin; (12) Any material, compound, mixture or preparation containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of acetaminophen; (13) Any material, compound, mixture or preparation containing not more than 50 milligrams of pentazocine or any of its salts plus naloxone HCl USP 0.5 milligrams, per dosage unit; (14) Ketamine. (d) Nalorphine. (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below: (1) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (2) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts; (3) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (5) not more than 1.8 grams of dihydrocodeine per 100
[March 24, 2000] 40 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (6) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (8) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts. (f) Anabolic steroids, except the following anabolic steroids that are exempt: (1) Androgyn L.A.; (2) Andro-Estro 90-4; (3) depANDROGYN; (4) DEPO-T.E.; (5) depTESTROGEN; (6) Duomone; (7) DURATESTRIN; (8) DUO-SPAN II; (9) Estratest; (10) Estratest H.S.; (11) PAN ESTRA TEST; (12) Premarin with Methyltestosterone; (13) TEST-ESTRO Cypionates; (14) Testosterone Cyp 50 Estradiol Cyp 2; (15) Testosterone Cypionate-Estradiol Cypionate injection; and (16) Testosterone Enanthate-Estradiol Valerate injection. (g) Hallucenogenic substances. (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product. Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- 6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol) or (-)-delta-9-(trans)-tetrahydrocannibinol. (2) (Reserved). (h) The Department may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system. (Source: P.A. 89-202, eff. 10-1-95; 90-382, eff. 8-15-97.) (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210) Sec. 210. (a) The controlled substances listed in this Section are included in Schedule IV. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below: (1) Not more than 1 milligram of difenoxin (DEA Drug Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit. (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane). (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which
41 [March 24, 2000] contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Alprazolam; (2) Barbital; (2.1) Bromazepam; (2.2) Camazepam; (3) Chloral Betaine; (4) Chloral Hydrate; (5) Chlordiazepoxide; (5.1) Clobazam; (6) Clonazepam; (7) Clorazepate; (7.1) Clotiazepam; (7.2) Cloxazolam; (7.3) Delorazepam; (8) Diazepam; (8.1) Estazolam; (9) Ethchlorvynol; (10) Ethinamate; (10.1) Ethyl loflazepate; (10.2) Fludiazepam; (10.3) Flunitrazepam; (11) Flurazepam; (12) Halazepam; (12.1) Haloxazolam; (12.2) Ketazolam; (12.3) Loprazolam; (13) Lorazepam; (13.1) Lormetazepam; (14) Mebutamate; (14.1) Medazepam; (15) Meprobamate; (16) Methohexital; (17) Methylphenobarbital (Mephobarbital); (17.1) Midazolam; (17.2) Nimetazepam; (17.3) Nitrazepam; (17.4) Nordiazepam; (18) Oxazepam; (18.1) Oxazolam; (19) Paraldehyde; (20) Petrichloral; (21) Phenobarbital; (21.1) Pinazepam; (22) Prazepam; (22.1) Quazepam; (23) Temazepam; (23.1) Tetrazepam; (24) Triazolam; (24.5) Zaleplon; (25) Zolpidem
[March 24, 2000] 42 (1.1) Diethylpropion; (1.2) Fencamfamin; (1.3) Fenproporex; (2) Mazindol; (2.1) Mefenorex; (3) Phentermine; (4) Pemoline (including organometallic complexes and chelates thereof); (5) Pipradrol; (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
43 [March 24, 2000] passage of a bill of the following title to-wit: HOUSE BILL 3188 A bill for AN ACT to amend the Township Code by changing Sections 115-20 and 115-105. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3188. Passed the Senate, as amended, March 24, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3188 on page 2, line 33, by replacing "5.75%" with "5%
[March 24, 2000] 44 HOUSE BILL 4348 A bill for AN ACT in relation to child safety, amending named Acts. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4348. Passed the Senate, as amended, March 24, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4348 on page 24, by deleting lines 2 through 32; and by deleting pages 25 through 36. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4348 was placed on the Calendar on the order of Concurrence. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILLS 1297, 1326, 1338, 1359, 1397, 1398, 1434, 1474, 1498, 1613, 1617, 1630, 1648, 1650, 1701 and 1861. SENATE BILL 649. 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 SENATE BILL 649 AMENDMENT NO. 1. Amend Senate Bill 649, on page 1, line 8, by inserting ", human embryo, or human fetus" after "human being"; and on page 1, line 13, by changing "purchase or sell" to "purchase, sell, use, or transport"; and on page 1, by replacing lines 15 and 16 with the following: "(c) For purposes of this Section, "clone" means to create using human somatic cell nucleus transfer technology a human being, human embryo, or human fetus by"; and on page 1, by replacing lines 19 through 21 with the following: "removed for any purpose regardless of whether or not the resulting product could result in a human embryo, human fetus, or human being and regardless of whether or not it is intended to be implanted into a womb and may or may not result in a pregnancy and a birth of a human being. For purposes of this Section, "clone" does not refer to duplicating or replicating human DNA sequences, organs, tissues, or cells."; and on page 15, line 3, by changing "for the" to "for any"; and on page 15, by replacing lines 4 and 5 with the following: "purpose regardless of whether or not the resulting product could result in a human embryo, human fetus, or human being, and regardless of whether or not it is intended to be implanted into a womb and may or may not result in a pregnancy and a birth of a human being. For the purposes of this Section, "clone" does not refer to duplicating or replicating human DNA sequences, organs, tissues, or cells.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading.
45 [March 24, 2000] SENATE BILL 1284. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Constitutional Officers, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1284 AMENDMENT NO. 1. Amend Senate Bill 1284 by replacing the title with the following: "AN ACT in relation to voluntary contributions."; and by replacing everything after the enacting clause with the following: "Section 5. The Voluntary Payroll Deductions Act of 1983 is amended by changing Sections 2, 3, 4, 5, and 8 and adding Section 4.5 as follows: (5 ILCS 340/2) (from Ch. 15, par. 502) Sec. 2. Public policy. It is the public policy of this State and the objective of this Act to lessen the burdens of State government and of local communities in meeting needs of human health and welfare; to provide a convenient channel through which State employees and State annuitants
[March 24, 2000] 46 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 or State annuitants that are distributed to the benefiting agencies and the percentage of the organization's total collected receipts from employees or State annuitants 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 State annuitants and shall be in the form of a factual statement on all petitions and in the campaign's brochures for employees and State annuitants
47 [March 24, 2000] 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 or her designee, or such other agency as may be determined by the Governor, 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 or State annuitants 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. In order for a United Fund to participate in the State and Universities Employees Combined Appeal, it shall comply with the provisions of paragraph (9) of subsection (b). (d) "State and Universities Employees Combined Appeal"
[March 24, 2000] 48 employee. The moneys so deducted shall be paid over promptly to the organizations designated by the employee by means of warrants drawn by the State Comptroller, 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, against the appropriation for personal services of the department, board, body, agency or commission by which such employee is employed. Such deductions may be made notwithstanding that the compensation paid in cash to such employee is thereby reduced below the minimum prescribed by law. Payment to such employee of compensation less such deduction shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such employee during the period covered by such payment. Such request for deduction may be withdrawn at any time by filing a written notification of withdrawal with the department, board, body, agency or commission, 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, or Western Illinois University, by which such employee is employed. (Source: P.A. 89-4, eff. 1-1-96.) (5 ILCS 340/4.5 new) Sec. 4.5. State annuitant withholding. A State annuitant may authorize the withholding of a portion of his or her annuity or disability benefit for contribution to a maximum of 4 organizations described in paragraphs (b) and (c) of Section 3 of this Act. Upon written request of a State annuitant, a retirement system may deduct or direct the State Comptroller to deduct from the annuity or disability benefit of the State annuitant the amount specified in the written request for payment to the organization designated by the State annuitant. The retirement system may determine the timing for the deductions based on the retirement system's benefit processing schedule. The moneys so deducted shall be paid over promptly to the organizations designated by the State annuitant by means of warrants drawn by the retirement system or the State Comptroller against the fund from which the State annuitant is receiving his or her annuity or disability benefit. Withholding under this Section may be terminated by the State annuitant at any time by filing a written direction with the retirement system. Each retirement system may promulgate rules regarding the administration of this Section with respect to persons receiving an annuity or disability benefit from the retirement system. (5 ILCS 340/5) (from Ch. 15, par. 505) Sec. 5. Rules; Advisory Committee. The State Comptroller shall promulgate and issue reasonable rules and regulations as deemed necessary for the administration of this Act. However, all solicitations of State employees for contributions at their workplace and all solicitations of State annuitants for contributions shall be in accordance with rules promulgated by the Governor or his or her designee or other agency as may be designated by the Governor. All solicitations of State annuitants for contributions shall also be in accordance with the rules promulgated by the applicable retirement system. The rules promulgated by the Governor or his or her designee or other agency as designated by the Governor shall include a Code of Campaign Conduct that all qualified organizations and United Funds shall subscribe to in writing, sanctions for violations of the Code of Campaign Conduct, provision for the handling of cash contributions, provision for an Advisory Committee, provisions for the allocation of expenses among the participating organizations, an organizational plan and structure whereby responsibilities are set forth for the appropriate State employees or State annuitants and the participating organizations, and any other matters that are necessary to accomplish
49 [March 24, 2000] the purposes of this Act. The Governor or the Governor's designee shall promulgate rules to establish the composition and the duties of the Advisory Committee. The Governor or the Governor's designee shall make appointments to the Advisory Committee. The powers of the Advisory Committee shall include, at a minimum, the ability to impose the sanctions authorized by rule. Each State agency and each retirement system shall file an annual report that sets forth, for the prior calendar year, (i) the total amount of money contributed to each qualified organization and united fund through both payroll deductions and cash contributions, (ii) the number of employees or State annuitants who have contributed to each qualified organization and united fund, and (iii) any other information required by the rules. The report shall not include the names of any contributing or non-contributing employees or State annuitants
[March 24, 2000] 50 discharge the Committee on Rules from further consideration of HOUSE BILL 2963 and that it be advanced to the order of Second Reading. Representative Murphy objected to that motion. Representative Black moved that a record vote be taken on the motion to discharge HOUSE BILL 2963. The Chair ruled the request out of order. Representative Black moved to overrule the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 60, Yeas; 53, Nays; 0, Answering Present. (ROLL CALL 2) The motion prevailed. SENATE BILLS ON SECOND READING SENATE BILL 1550. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1550 AMENDMENT NO. 1. Amend Senate Bill 1550 on page 1, by replacing lines 1 and 2 with the following: "AN ACT in relation to alcoholic liquor, amending named Acts."; and on page 1, by inserting the following after line 4: "Section 3. The Alcoholism and Other Drug Abuse and Dependency Act is amended by changing Section 15-10 as follows: (20 ILCS 301/15-10) Sec. 15-10. Licensure categories. No person or program may provide the services or conduct the activities described in this Section without first obtaining a license therefor from the Department. The Department shall, by rule, provide licensure requirements for each of the following categories of service: (a) residential treatment for alcoholism and other drug abuse and dependency. (b) outpatient treatment for alcoholism and other drug abuse and dependency. (c) the screening, assessment, referral or tracking of clients identified by the criminal justice system as having indications of alcoholism or other drug abuse or dependency. (d) D.U.I. evaluation services for Illinois courts and the Secretary of State. (e) D.U.I. remedial education services for Illinois courts or the Secretary of State.
51 [March 24, 2000] sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's retail licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. In lieu of suspending or revoking a license, the commission may impose a fine, upon the State commission's determination and notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. The fine imposed under this paragraph may not exceed $500 for each violation. Each day that the activity, which gave rise to the original fine, continues is a separate violation. The maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000. The maximum penalty that may be imposed on a licensee for selling a bottle of alcoholic liquor with a foreign object in it or serving from a bottle of alcoholic liquor with a foreign object in it shall be the destruction of that bottle of alcoholic liquor for the first 10 bottles so sold or served from by the licensee. For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of up to $50. (2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby. (3) To call upon other administrative departments of the State, county and municipal governments, county and city police departments and upon prosecuting officers for such information and assistance as it deems necessary in the performance of its duties. (4) To recommend to local commissioners rules and regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State. (5) To inspect, or cause to be inspected, any premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. (5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials. (5.2) To issue a cease and desist notice to persons shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act. (5.3) To receive complaints from licensees, local officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act. (6) To hear and determine appeals from orders of a local commission in accordance with the provisions of this Act, as
[March 24, 2000] 52 hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing. (7) The commission shall establish uniform systems of accounts to be kept by all retail licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts. (8) In the conduct of any hearing authorized to be held by the commission, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths; and for any such purpose to issue subpoena or subpoenas to require the attendance of witnesses and the production of books, which shall be effective in any part of this State. Any Circuit Court may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience to its order by proceedings for contempt. (9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof. (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence. (11) To develop industry educational programs related to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and consumption of alcoholic beverages. (11.1) To license persons providing education and training to alcohol beverage sellers and servers under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21. Application for a license shall be made on forms provided by the State Commission. (12) To develop and maintain a repository of license and regulatory information. (13) On or before January 15, 1994, the Commission shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto.
53 [March 24, 2000] As part of its report, the Commission shall provide the following essential information: (i) the number of retail distributors of tobacco products, by type and geographic area, in the State; (ii) the number of reported citations and successful convictions, categorized by type and location of retail distributor, for violation of the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act; (iii) the extent and nature of organized educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that prohibit the sale or distribution of tobacco products to minors; and (iv) the level of access and availability of tobacco products to individuals under the age of 18. To obtain the data necessary to comply with the provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors. The Commission shall consult with the Department of Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report. The Commission may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (b) On or before April 30, 1999, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State. As part of its report, the Commission shall provide the following information: (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998; (ii) the amount of licensing fees received as a result of this amendatory Act of 1998; (iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials. (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)"; and on page 13, by inserting the following after line 22: "(235 ILCS 5/6-27) (from Ch. 43, par. 144c) Sec. 6-27. Licensing of seller and server education programs. (a) Any program designed to educate or train employees who sell or serve alcoholic beverages at retail to identify and address persons displaying problems with alcohol misuse or abuse shall be licensed by the State Commission
[March 24, 2000] 54 on page 1, by replacing lines 5 and 6 with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Sections 6-15 and 7-8 as follows:"; and on page 13, after line 22, by inserting the following: "(235 ILCS 5/7-8) (from Ch. 43, par. 152) Sec. 7-8. For each city, village or incorporated town having a population of 500,000 or more inhabitants, there is established a license appeal commission consisting of the chairman of the Illinois Liquor Control Commission, the most senior member of the Illinois Liquor Control Commission who is not of the same political party as the chairman, and one person who is a resident of the particular city, village or incorporated town selected by the council or president and board of trustees, as the case may be, who shall serve for a term of 4 years and until his successor is selected and takes office. Neither the mayor, president of the board of trustees, nor any member of the council or board of trustees shall be eligible for membership on a license appeal commission. Each of the 2 members of the Illinois Liquor Control Commission shall receive a $200
55 [March 24, 2000] HOUSE RESOLUTIONS 656, 657, 658, 659, 660, 663, 664, 665, 666, 667, 668, 670, 672, 673, 674, 675, 676 and 692 were taken up for consideration. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 65 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Friday, March 24, 2000, the Senate stands adjourned until Tuesday, March 28, 2000, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, March 28, 2000, at 1:00 o'clock p.m. Adopted by the Senate, March 24, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 65 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 65 was adopted. Ordered that the Clerk inform the Senate. At the hour of 2:50 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 65, the House stood adjourned until Tuesday, March 28, 2000, at 1:00 o'clock p.m.
[March 24, 2000] 56 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 24, 2000 0 YEAS 0 NAYS 113 PRESENT P ACEVEDO P FOWLER E LINDNER P REITZ P BASSI P FRANKS P LOPEZ P RIGHTER P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK E GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRY P SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK P MORROW P STEPHENS P COWLISHAW P HOWARD P MULLIGAN P STROGER P CROSS P HULTGREN P MURPHY P TENHOUSE P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRY P JONES,JOHN P O'BRIEN P WAIT P DANIELS P JONES,LOU P O'CONNOR P WINKEL P DART P JONES,SHIRLEY P OSMOND P WINTERS P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK P DELGADO P KOSEL P PARKE P WOOLARD P DURKIN P KRAUSE E PERSICO P YOUNGE E ERWIN P LANG P POE E ZICKUS P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER P FLOWERS P LEITCH E - Denotes Excused Absence
57 [March 24, 2000] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2963 MOTION SHALL THE CHAIR BE SUSTAINED PREVAILED MAR 24, 2000 60 YEAS 53 NAYS 0 PRESENT Y ACEVEDO Y FOWLER E LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO N BLACK E GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRY Y SLONE Y BURKE 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 N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE Y WOOLARD N DURKIN N KRAUSE E PERSICO Y YOUNGE E ERWIN Y LANG N POE E ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence