1300 JOURNAL OF THE [March 17, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
28TH LEGISLATIVE DAY
WEDNESDAY, MARCH 17, 1999
10:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Cardinal Francis E. George from the Archdiocese of
Chicago, Illinois.
Representative Hoffman led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Ronen was excused from
attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Winters will replace Representative Bill Mitchell,
and Representative Osmond will replace Representative Schmitz in the
Committee on State Government Administration & Election Reform, for
today only.
Representative Winters will replace Representative Beaubien in
the Committee on Environment & Energy, for today only.
Representative Bost will replace Representative Moffitt in the
Committee on Transportation & Motor Vehicles, for today only.
Representative Tenhouse will replace Representative Bill Mitchell
in the Committee on Aging, for today only.
Representative Bost will replace Representative Moffitt in the
Committee on Transportation & Motor Vehicles, for today only.
LETTER OF TRANSMITTAL
March 17, 1999
Mr. Anthony D. Rossi
HOUSE OF REPRESENTATIVES 1301
State House Room 402
Springfield, Illinois 62706
Dear Mr. Rossi:
I would like the March 16, 1999 House Record to reflect that I
was incorrectly recorded as the Children and Youth Committee
replacement for Representative Carol Ronen on March 4, 1999.
Representative Barbara Flynn Currie was the replacement for
Representative Ronen on that day and the Committee Clerk incorrectly
recorded the change.
Further, I would like the record to reflect that on March 4, 1999
it was Representative Currie who made the motion "Do Adopt" on
Committee Amendment 2 to HOUSE BILL 802 and not myself. I do not
support House Bill 802 and voted no on the 3rd Reading of that
legislation on March 16, 1999.
Sincerely,
s/Julie Curry
State Representative Julie Curry
CHANGE OF DEBATE STATUS
Pursuant to House Rule 52(c), Speaker Madigan changed the Debate
Status for HOUSE BILL 152 from Short Debate to Unlimited Debate.
Pursuant to House Rule 52(c), Speaker Madigan changed the Debate
Status for HOUSE BILL 1401 from Short Debate to Unlimited.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 112, as amended,
143, as amended, 402, as amended, 427, as amended, 440, as amended,
495, 512, 571, as amended, 931, 1248, 1325, as amended, 1434, 1461,
1587, as amended, 1705, as amended, 1734, 1735, as amended, 1781,
1791, 1797, 1863, as amended, 1877, as amended, 1907, 1974, as
amended, 1981, 2012, as amended, 2046, 2164, as amended and 2379.
FISCAL NOTE WITHDRAWN
Representative Stephens withdrew his request for a Fiscal Note on
HOUSE BILL 242, as amended.
Representative John Jones withdrew his request for a Fiscal Note
on HOUSE BILL 2163.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for HOUSE BILLS 440,
as amended, 1325, as amended, 1341, 1372, 1510, 1907, 1956, 2313,
2375, 2667 and 2838.
STATE MANDATES NOTE WITHDRAWN
Representative Stephens withdrew his request for a State Mandates
Note on HOUSE BILL 242, as amended.
1302 JOURNAL OF THE [March 17, 1999]
Representative John Jones withdrew his request for a State
Mandates Note on HOUSE BILL 2163.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 1165,
1795, 1981, 2002 and 2838.
HOME RULE NOTE WITHDRAWN
Representative Stephens withdrew his request for a Home Rule Note
on HOUSE BILL 242, as amended.
Representative John Jones withdrew his request for a Home Rule
Note on HOUSE BILL 2163.
BALANCED BUDGET NOTE WITHDRAWN
Representative Stephens withdrew his request for a Balanced
Budget Note on HOUSE BILL 242, as amended.
CORRECTIONAL BUDGET & IMPACT NOTE WITHDRAWN
Representative Stephens withdrew his request for a Correctional
Budget & Impact Note on HOUSE BILL 242, as amended.
HOUSING AFFORDABILITY IMPACT NOTE WITHDRAWN
Representative Stephens withdrew his request for a Housing
Affordability Impact Note on HOUSE BILL 242, as amended.
JUDICIAL NOTE WITHDRAWN
Representative Stephens withdrew his request for a Judicial Note
on HOUSE BILL 242, as amended.
LAND CONVEYANCE APPRAISAL NOTE WITHDRAWN
Representative Stephens withdrew his request for a Land
Conveyance Appraisal Note on HOUSE BILL 242, as amended.
PENSION IMPACT NOTE WITHDRAWN
Representative Stephens withdrew his request for a Pension Impact
Note on HOUSE BILL 242, as amended.
STATE DEBT IMPACT NOTE WITHDRAWN
Representative Stephens withdrew his request for a State Debt
Impact Note on HOUSE BILL 242, as amended.
HOUSE OF REPRESENTATIVES 1303
REPORTS FROM STANDING COMMITTEES
Representative McGuire, Chairperson, from the Committee on Aging
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 77.
The committee roll call vote on Amendment No. 2 to House Bill 77
is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y McGuire, Chair Y Lyons, Joseph
Y Bellock Y Mckeon
A Brosnahan Y Mitchell, Bill (Tenhouse)
Y Coulson, Spkpn A Mitchell, Jerry
A Cowlishaw A Moffitt
Y Franks A Saviano
Y Garrett A Scott
A Giles Y Scully, Vice-Chair
A Lawfer Y Silva
A Turner, John
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1707.
The committee roll call vote on Amendment No. 1 to House Bill
1707 is as follows:
8, Yeas; 1, Nays; 0, Answering Present.
Y Davis, Steve, Chair N Kosel
A Beaubien, Spkpn Y Lyons, Eileen
Y Crotty, Vice-Chair Y McGuire
Y Curry, Julie Y Osmond
Y Holbrook A Rutherford
Y Scott
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were
referred, action taken earlier today, and reported the same back with
the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1181.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 2045.
Representative Novak, Chairperson, from the Committee on
Environment & Energy to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 2031.
The committee roll call vote on amendment No. 2 to HOUSE BILL
2031 is as follows:
14, Yeas; 1, Nays; 0, Answering Present.
1304 JOURNAL OF THE [March 17, 1999]
Y Novak, Chair Y Hultgren
Y Beaubien (Winters) Y Jones, Shirley
Y Bradley N Lawfer
Y Davis, Steve, Vice-Chair A Moore, Andrea
A Durkin Y Murphy
Y Hartke Y Parke
Y Hassert, Spkpn Y Persico
Y Holbrook Y Reitz
Y Stroger
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 2 and 3 to HOUSE BILL 452.
The committee roll call vote on amendment No. 3 to HOUSE BILL 452
is as follows:
9, Yeas; 5, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
Y Acevedo (Hannig) A Hassert
Y Beaubien Y Jones, Lou
N Biggins Y Lopez
Y Bradley N Pankau
Y Bugielski N Poe, Spkpn
Y Capparelli N Rutherford
N Tenhouse
Representative Bugielski, Chairperson, from the Committee on
Financial Institutions to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 2494.
Representative Gash, Chairperson, from the Committee on Judiciary
Criminal Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 156.
Amendment No. 1 to HOUSE BILL 1762.
The committee roll call vote on Amendment No. 1 to House Bill 156
is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
Y Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom A Smith, Michael, Vice-Chair
Y Jones, Lou A Turner, John
Y Winkel, Spkpn
The committee roll call vote on Amendement No. 1 to House Bill
1762 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
HOUSE OF REPRESENTATIVES 1305
A Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
A Durkin A Scully
Y Johnson, Tom A Smith, Michael, Vice-Chair
A Jones, Lou A Turner, John
Y Winkel, Spkpn
Representative Giles, Chairperson, from the Committee on Local
Government to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1117.
The committee roll call vote on Amendment No. 1 to House Bill
1117 is as follows:
7, Yeas; 1, Nays; 0, Answering Present.
Y Giles, Chair Y Mathias
A Acevedo Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
N Skinner
Representative Kenner, Chairperson, from the Committee on State
Government Administration to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1434.
Amendment No. 1 to HOUSE BILL 1510.
Representative Hoffman, Chairperson, from the Committee on
Transportation & Motor Vehicles to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 1676.
The committee roll call vote on amendment No 1 to HOUSE BILL 1676
is as follows:
23, Yeas; 0, Nays; 0, Answering Present.
Y Hoffman, Chair Y Kosel
Y Bassi Y Lyons, Joseph
Y Black Y Mathias
A Brosnahan A McAuliffe
Y Fowler Y Moffitt (Bost)
Y Garrett Y Myers, Richard
A Gash Y O'Brien
Y Giglio, Vice-Chair Y Pankau
A Hamos Y Reitz
Y Harris Y Schmitz
Y Hartke Y Scully
Y Hassert Y Sharp
Y Holbrook A Wait, Spkpn
Y Jones, John Y Wojcik
A Zickus
CHANGE OF SPONSORSHIP
1306 JOURNAL OF THE [March 17, 1999]
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Sharp asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 992.
Representative McGuire asked and obtained unanimous consent to be
removed as chief sponsor and Representative O'Brien asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
753.
Representative Granberg asked and obtained unanimous consent to
be removed as chief sponsor and Representative Franks asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1461.
Representative McGuire asked and obtained unanimous consent to be
removed as chief sponsor and Representative Durkin asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 572.
Representative Howard asked and obtained unanimous consent to be
removed as chief sponsor and Representative Delgado asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
312.
Representative Younge asked and obtained unanimous consent to be
removed as chief sponsor and Representative Holbrook asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
2320.
INTRODUCTION AND FIRST READING OF BILLS
The following bill was introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2864. Introduced by Representative McGuire, a bill
for AN ACT to amend the Community Services Act by changing Section 4.
RESOLUTION
The following resolution was offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 139
Offered by Representatives Daniels and Bill Mitchell:
WHEREAS, The November 23, 1998 tobacco settlement and prior
settlements in four states call for the distribution of settlement
funds to states over the next 25 years; we must act quickly to ensure
that the settlement funds actually reach the states; and
WHEREAS, Receipt of half or more of these funds is in doubt
because of the federal government's attempt to recoup state
settlement money as Medicaid overpayments; and
WHEREAS, There is a bi-partisan congressional coalition led by
Texas Senator Kay Bailey Hutchison, Florida Senator Robert Graham,
Washington Senator Slade Gorton, Indiana Senator Evan Bayh, Ohio
Senator George Voinovich, and Florida Congressman Michael Bilirakis
that is advocating legislation to negate the recoupment claim; and
WHEREAS, States initiated the suits that ultimately led to the
settlements; and
WHEREAS, The states assumed all risks; and
WHEREAS, The states used their resources to challenge the tobacco
industry; and
WHEREAS, The federal government played no role in the suits nor
in the settlements; the November 23 accord makes no mention of
Medicaid or federal recoupment; and
HOUSE OF REPRESENTATIVES 1307
WHEREAS, Our State is making initial fiscal determinations
regarding the most responsible allocation of these settlement funds;
and
WHEREAS, We cannot and should not be threatened with the seizure
of these funds by the federal government; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we call on the United
States Congress and urge its members to support United States House
Resolution 351; and be it further
RESOLVED, That a suitable copy of this resolution be delivered to
the Illinois Congressional delegation, the Speaker of the U.S. House
of Representatives, the Majority Leader of the U.S. Senate, the Vice
President of the United States, and the President of the United
States.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Bellock, HOUSE BILL 2677 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
Having been read by title a second time on March 16 and held, the
following bill was taken up and advanced to the order of Third
Reading: HOUSE BILLS 31, 88, 305, 370, 405, 472, 612, 650, 726, 791,
810, 820, 854, 865, 870, 939, 1061, 1100, 1132, 1153, 1154, 1163,
1247, 1262, 1269, 1272, 1281, 1282, 1283, 1334, 1406, 1408, 1433,
1539, 1570, 1579, 1686, 1728, 1762, 1784, 1830, 1832, 1837, 1850,
1889, 1896, 1899, 1926, 1955, 1965, 1966, 1967, 1968, 1980, 2008,
2011, 2038, 2088, 2096, 2098, 2113, 2180, 2183, 2194, 2197, 2210,
2263, 2271, 2281, 2304, 2326, 2388, 2492, 2547, 2590, 2591, 2593,
2596, 2597, 2605, 2632, 2675, 2718, 2733, 2735, 2744, 2752, 2773,
2783, 2788, 2790 and 2823.
HOUSE BILL 649. Having been recalled on March 11, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Cross offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 649
AMENDMENT NO. 1. Amend House Bill 649, on page 1, line 18, by
deleting "with"; and
on page 1, by replacing lines 19 and 20 with the following:
"an affidavit with the court containing sufficient information to
1308 JOURNAL OF THE [March 17, 1999]
ascertain the assets and liabilities of that defendant. If the court
determines the defendant to be indigent, the defendant is not
required to contribute to the interpreter expense."; and
on page 1, line 21, by deleting "services.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Crotty, HOUSE BILL 1401 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
104, Yeas; 11, Nays; 2, Answering Present.
(ROLL CALL 3)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Cowlishaw, HOUSE BILL 709 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?".
Pending the vote on said bill, on motion of Representative
Cowlishaw, further consideration of HOUSE BILL 709 was postponed.
On motion of Representative Ryder, HOUSE BILL 152 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
71, Yeas; 39, Nays; 7, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Boland, HOUSE BILL 887 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Krause, HOUSE BILL 2187 was taken up
and read by title a third time.
HOUSE OF REPRESENTATIVES 1309
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
102, Yeas; 13, Nays; 0, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Delgado, HOUSE
BILL 571 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative O'Connor, HOUSE BILL 80 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
113, Yeas; 0, Nays; 2, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Giglio, HOUSE BILL 860 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Pankau, HOUSE BILL 504 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
36, Yeas; 75, Nays; 6, Answering Present.
(ROLL CALL 9)
This bill, having failed to receive the votes of a constitutional
majority of the Members elected, was declared lost.
On motion of Representative Brunsvold, HOUSE BILL 254 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 10)
This bill, having received the votes of a constitutional majority
1310 JOURNAL OF THE [March 17, 1999]
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Tenhouse, HOUSE BILL 779 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Fritchey, HOUSE BILL 530 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 12)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Durkin, HOUSE BILL 2125 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 13)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Joseph Lyons, HOUSE BILL 720 was
taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
103, Yeas; 10, Nays; 2, Answering Present.
(ROLL CALL 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Tenhouse, HOUSE BILL 287 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Flowers, HOUSE BILL 61 was taken up
and read by title a third time.
HOUSE OF REPRESENTATIVES 1311
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
71, Yeas; 41, Nays; 5, Answering Present.
(ROLL CALL 16)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 2708. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 2708
AMENDMENT NO. 1. Amend House Bill 2708 as follows:
by replacing the title with the following:
"AN ACT concerning sex offenders, amending named Acts."; and
on page 1, lines 8 and 12, by replacing "1,000" each time it appears
with "1,500"; and
on page 5, line 13, by replacing "1,000" with "1,500"; and
below line 14, by inserting the following:
"Section 10. The Unified Code of Corrections is amended by
changing Section 3-3-7 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release. (a) The conditions of parole or mandatory supervised release
shall be such as the Prisoner Review Board deems necessary to assist
the subject in leading a law-abiding life. The conditions of every
parole and mandatory supervised release are that the subject:
(1) not violate any criminal statute of any jurisdiction during
the parole or release term; and
(2) refrain from possessing a firearm or other dangerous weapon.
(a-5) In the case of a sex offender as defined in the Sex
Offender and Child Murderer Community Notification Law who is
registered under the Sex Offender Registration Act as residing at an
address that is within one mile of a public or private elementary or
secondary school, a condition of every parole is that the subject
report in person to his or her parole officer once each week. The
condition imposed under this subsection is in addition to any other
conditions imposed by law or by the Board.
(b) The Board may in addition to other conditions require that
the subject:
(1) work or pursue a course of study or vocational training;
(2) undergo medical or psychiatric treatment, or treatment for
drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his dependents;
(5) report to an agent of the Department of Corrections;
(6) permit the agent to visit him at his home or elsewhere to
the extent necessary to discharge his duties;
(7) comply with the terms and conditions of an order of
protection issued pursuant to the Illinois Domestic Violence Act of
1986, enacted by the 84th General Assembly.
1312 JOURNAL OF THE [March 17, 1999]
(8) and, in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a foster home.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the same
before release. A signed copy of these conditions, including a copy
of an order of protection where one had been issued by the criminal
court, shall be retained by the person and another copy forwarded to
the officer in charge of his supervision.
(d) After a hearing under Section 3-3-9, the Prisoner Review
Board may modify or enlarge the conditions of parole or mandatory
supervised release.
(e) The Department shall inform all offenders committed to the
Department of the optional services available to them upon release
and shall assist inmates in availing themselves of such optional
services upon their release on a voluntary basis.
(Source: P.A. 84-1305.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 492. Having been read by title a second time on March
11, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Veterans'
Affairs, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 492
AMENDMENT NO. 1. Amend House Bill 492 on page 1, line 13, by
replacing ", or monument company official" with ", monument company
official, or veterans group"; and
on page 1, line 17, by replacing ", or monument company official"
with ", monument company official, or veterans group".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Ryder, HOUSE BILL 517 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
This bill, having received the votes of a constitutional majority
HOUSE OF REPRESENTATIVES 1313
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Ryder, HOUSE BILL 2044 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Ryder, HOUSE BILL 2640 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
100, Yeas; 15, Nays; 0, Answering Present.
(ROLL CALL 19)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 754. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Executive, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 754
AMENDMENT NO. 1. Amend House Bill 754, on page 1, immediately
below line 5, by inserting the following:
"Section 5. Legislative purpose. It is hereby declared to be
the policy of this State that in order to ensure the safety of
buildings in which the citizens of this State work, conduct business,
or spend their leisure time, the practice of building inspection is a
matter affecting the public interest and a building inspector who
works on behalf of any unit of local government as defined in Article
VII of the Illinois Constitution must be licensed as provided.
Section 10. Definitions. As used in this Act:
"Board" means the Building Inspector Board.
"Building" means any structure subject to inspection under any
local statute, regulation, ordinance, or rule.
"Building inspector" means a person employed by any unit of local
government to inspect the safety, structure, or any other physical
aspect of a building in its jurisdiction as provided for by local
statute, regulation, ordinance, or rule.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Licensure" means the act of obtaining or holding a license
issued by the Department as provided in this Act.
"Unit of local government" is defined as in Section 1 of Article
VII of the Illinois Constitution.
1314 JOURNAL OF THE [March 17, 1999]
Section 15. Display of license number.
(a) Each State licensed building inspector shall affix the
license number of his or her license to all inspection reports and
related documents.
(b) Every holder of a license shall display it in a conspicuous
place in his or her principal office or place of employment.
(c) A person who knowingly fails to display the license number
in any manner required by this Section is guilty of a Class A
misdemeanor with a fine of $1,000, and, in addition, is subject to
the administrative enforcement provisions of this Act.
Section 20. Expiration of license.
(1) Licenses shall expire biennially at midnight on June 30 of
each odd-numbered year.
(2) Failure to renew the license prior to the expiration thereof
shall cause the license to become nonrenewed and it shall be unlawful
thereafter for the licensee to practice, offer to practice, or hold
himself or herself out as practicing as a building inspector under
the license unless and until the license is restored or reissued as
defined by rule.
Section 30. Public records.
(1) All information required by the Department of any applicant
for licensure shall be a public record, except financial information.
(2) If a licensee changes his or her name style, address or
employment from that which appears on his or her current license, he
or she shall notify the Department of the change within 30 days after
it occurs.
(3) All public records of the Department, when duly certified by
the Director, shall be received as prima facie evidence in any State
administrative or judicial proceedings.
Section 35. Licensure requirement.
(1) It is unlawful for any person to practice or act in the
capacity of or hold himself or herself out in any manner as a
building inspector without having been duly licensed under the
provisions of this Act.
(2) This Act shall not apply to any person privately employed
who inspects homes as part of a real estate transaction.
Section 40. Grounds for disciplinary action. The Department may
refuse to issue or to renew, or may revoke, suspend, place on
probation, reprimand or take other disciplinary action as the
Department may deem proper, including fines not to exceed $1,000 for
each violation, with regard to any license for any one or combination
of the following causes:
(a) filing a false or frivolous building inspection report;
(b) issuing a false or frivolous building inspection
report;
(c) violation of this Act or its rules;
(d) conviction of any crime under the laws of any U.S.
jurisdiction which is a felony or which is a misdemeanor, an
essential element of which is dishonesty, or of any crime which
directly relates to the practice of the profession;
(e) making any misrepresentation for the purpose of
obtaining a license;
(f) professional incompetence or gross negligence in the
practice of roofing contracting;
(g) gross malpractice, prima facie evidence of which may be
a conviction or judgment of malpractice in any court of competent
jurisdiction;
(h) aiding or assisting another person in violating any
provision of this Act or rules;
(i) failing, within 60 days, to provide information in
response to a written request made by the Department which has
HOUSE OF REPRESENTATIVES 1315
been sent by certified or registered mail to the licensee's last
known address;
(j) engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public;
(k) habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug which
results in the inability to practice with reasonable judgment,
skill, or safety;
(l) discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in this
Section;
(m) directly or indirectly giving to or receiving from any
person, firm, corporation, partnership, or association any fee,
commission, rebate, or other form of compensation for any
professional services not actually or personally rendered;
(n) a finding by the Department that the licensee, after
having his or her license placed on probationary status has
violated the terms of probation;
(o) conviction by any court of competent jurisdiction,
either within or without this State, of any violation of any law
governing building inspection, if the Department determines,
after investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust;
(p) a finding that licensure has been applied for or
obtained by fraudulent means;
(q) practicing, attempting to practice, or advertising
under a name other than the full name as shown on the license or
any other legally authorized name;
(r) gross and willful overcharging for professional
services including filing false statements for collection of fees
or monies for which services are not rendered;
(s) failure to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act
administered by the Illinois Department of Revenue, until the
requirements of the tax Act are satisfied;
(t) the Department shall deny any license or renewal under
this Act to any person who has defaulted on an educational loan
guaranteed by the Illinois State Scholarship Commission; however,
the Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois State Scholarship Commission;
(u) failure to continue to meet the requirements of this
Act shall be deemed a violation;
(v) physical or mental disability, including deterioration
through the aging process or loss of abilities and skills that
result in an inability to practice the profession with reasonable
judgment, skill, or safety;
(w) material misstatement in furnishing information to the
Department or to any other State agency;
(x) the determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in the
Mental Health and Developmental Disabilities Code will result in
an automatic suspension of his or her license. The suspension
will end upon a finding by a court that the licensee is no longer
subject to involuntary admission or judicial admission, the
issuance of an order so finding and discharging the patient, and
the recommendation of the Board to the Director that the licensee
be allowed to resume professional practice;
1316 JOURNAL OF THE [March 17, 1999]
(y) advertising in any manner that is false, misleading, or
deceptive.
Section 45. Temporary suspension. The Director may temporarily
suspend the license of a building inspector without a hearing,
simultaneously with the institution of proceedings for a hearing
provided for in this Act, if the Director finds that evidence in his
or her possession indicates that continuation in practice would
constitute an imminent danger to the public. In the event that the
Director temporarily suspends a license without a hearing, a hearing
by the Department shall be held within 30 days after the suspension
has occurred.
Section 50. Returned checks; fines. Any person who delivers a
check or other payment to the Department that is returned to the
Department unpaid by the financial institution upon which it is drawn
shall pay to the Department, in addition to the amount already owed
to the Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices without
paying the renewal fee or issuance fee and the fine due, an
additional fine of $100 shall be imposed. The fines imposed by this
Section are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and fines
shall be paid to the Department by certified check or money order
within 30 calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has failed
to submit the necessary remittance, the Department shall
automatically terminate the license or deny the application, without
hearing. If, after termination or denial, the person seeks a license,
he or she shall apply to the Department for restoration or issuance
of the license and pay all fees and fines due to the Department. The
Department may establish a fee for the processing of an application
for restoration of a license to pay all expenses of processing this
application. The Director may waive the fines due under this Section
in individual cases where the Director finds that the fines would be
unreasonable or unnecessarily burdensome.
Section 55. Investigation; notice; default. The Department may
investigate the actions of any applicant or any person or persons
holding or claiming to hold a license. The Department shall, before
suspending, revoking, placing on probationary status, or taking any
other disciplinary action as the Department may deem proper with
regard to any license, at least 30 days prior to the date set for the
hearing, notify the accused in writing of any charges made and the
time and place for a hearing on the charges before the hearing
officer, direct him or her to file his written answer with the
hearing officer under oath within 30 days after the service on him or
her of such notice, and inform him or her that if he or she fails to
file such answer default will be taken against him or her and his or
her license may be suspended, revoked, placed on probationary status,
or other disciplinary action, including limiting the scope, nature or
extent of his or her practice, as the Department may deem proper,
taken. This written notice may be served by personal delivery or
certified or registered mail to the Department. In case the person
fails to file an answer after receiving notice, his or her license
may, in the discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the scope,
nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act. At the time and
place fixed in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded ample
HOUSE OF REPRESENTATIVES 1317
opportunity to present such statements, testimony, evidence and
argument as may be pertinent to the charges or to their defense. The
Department may continue such hearing from time to time. At the
discretion of the Director after having first received the
recommendation of the hearing officer, the accused person's license
may be suspended, revoked, placed on probationary status, or other
disciplinary action may be taken as the Director may deem proper,
including limiting the scope, nature, or extent of said person's
practice without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act.
Section 60. Enforcement; petition to court.
(1) If any person violates the provisions of this Act, the
Director through the Attorney General of Illinois, or the State's
Attorney of any county in which a violation is alleged to exist, may
in the name of the People of the State of Illinois petition for an
order enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in court, the
court may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such violation,
and if it is established that the person has violated or is violating
the injunction, the Court may punish the offender for contempt of
court.
(2) If any person shall practice as a licensee or hold himself
or herself out as a licensee without being licensed under the
provisions of this Act, then any person licensed under this Act, any
interested party or any person injured thereby may, in addition to
those officers identified in subsection (1) of this Section, petition
for relief as provided therein.
(3) Proceedings under this Section shall be in addition to, and
not in lieu of, all other remedies and penalties which may be
provided by law.
Section 65. Administration of Act. The Department may
promulgate any rules necessary for the administration and enforcement
of this Act.
Section 95. Amends the Regulatory Sunset Act by adding Section
4.20 as follows:
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The following Act
is repealed on January 1, 2010.
The Building Inspectors Licensure Act.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1120. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Schoenberg offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1120
AMENDMENT NO. 1. Amend House Bill 1120 on page 7, by replacing
lines 11 through 13 with "his or her status as a victim of
persecution for racial or religious reasons by Nazi Germany or any
other Axis regime or as an heir of the victim and (ii) items"; and
on page 7, by replacing line 18 with "persecution for racial or
religious reasons by Nazi Germany or any other Axis regime"; and
1318 JOURNAL OF THE [March 17, 1999]
on page 7, by replacing lines 22 and 23 with "under policies issued
to a victim of persecution for racial or religious reasons by Nazi
Germany or any other Axis regime by"; and
on page 7, by replacing lines 32 and 33 with "persecution for racial
or religious reasons by Nazi Germany or any other Axis regime or as
an heir of the victim. The"; and
on page 18, by replacing lines 32 through 34 with "his or her status
as a victim of persecution for racial or religious reasons by Nazi
Germany or any other Axis regime or as an heir of the victim and (ii)
items"; and
on page 19, by replacing line 5 with "persecution for racial or
religious reasons by Nazi Germany or any other Axis regime"; and
on page 19, by replacing lines 9 and 10 with "under policies issued
to a victim of persecution for racial or religious reasons by Nazi
Germany or any other Axis regime by"; and
on page 19, by replacing lines 19 and 20 with "persecution for racial
or religious reasons by Nazi Germany or any other Axis regime or as
an heir of the victim. The".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Granberg, HOUSE
BILL 2243 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 156. Having been recalled on February 24, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Lang offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 156
AMENDMENT NO. 1. Amend House Bill 156 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by adding Sections
24-9 and 24-9.1."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Sections 24-9 and 24-9.1 as follows:
(720 ILCS 5/24-9 new)
Sec. 24-9. Firearms; child protection.
(a) Definitions.
(1) "Child" means a person under the age of 14.
(2) "Loaded firearm" means a firearm in which (i) there is
an unexpended cartridge or shell, consisting of a case that holds
a charge of powder or a bullet or shot; (ii) there is inserted in
the cylinder or firing chamber a bullet or shot; or (iii) there
is inserted a magazine or clip containing a bullet. A
muzzle-loader firearm shall be deemed loaded when it is capped or
pinned and has a powder charge and a ball or shot in the barrel
HOUSE OF REPRESENTATIVES 1319
or cylinder.
(3) "Locked container" means a secure container that is
fully enclosed and locked by a padlock, key lock, combination
lock, or similar locking device.
(4) "Locking device" means a device attached to a firearm
other than the safety that is intended to substantially inhibit
the discharge of a firearm.
(b) It is unlawful for any person to negligently keep any loaded
firearm within any premises or vehicle that is under his or her
custody or control so that a child who is not supervised is likely to
be able to gain access to the firearm and the child gains access to
the firearm and possesses, uses, or exhibits the firearm either in a
public place or in a negligent, suicidal, threatening, or assaultive
manner. For the purposes of this Section, a child shall be considered
to be supervised only if he or she is in the custody and immediate
control of his or her parent or legal guardian or other person in
loco parentis to the child.
(c) There is a rebuttable presumption that a person did not act
negligently as set forth in subsection (b) if:
(1) The child obtained the firearm as a result of the
illegal entry to the premises, locked container, or vehicle by
any person;
(2) The firearm was kept in a secure location or a locked
container;
(3) The firearm was carried on the person or within such
close proximity to the person that the person could have readily
retrieved and used the firearm as if it had been carried on his
or her person;
(4) The firearm was equipped with a locking device;
(5) The child obtained, or obtained and discharged, the
firearm in a lawful act of self defense or defense of another
person; or
(6) The person who kept the loaded firearm had no
reasonable expectation, based on objective facts and
circumstances, that a child would have been likely to be present
on the premises or in or on the vehicle.
(d) Unlawful storage of a firearm is a Class C misdemeanor for a
first violation and Class A misdemeanor for a second or subsequent
violation.
(720 ILCS 5/24-9.1 new)
Sec. 24-9.1. Sale of firearms and firearm ammunition; required
warnings; penalties.
(a) Upon the retail commercial sale of any firearm or firearm
ammunition by a person holding a license under the federal "Gun
Control Act of 1968", the seller shall deliver a written warning to
the purchaser, which warning shall state, in block letters not less
than one-fourth inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE
BY IMPRISONMENT AND FINE, FOR ANY
PERSON TO STORE OR LEAVE A FIREARM
IN ANY PLACE WITHIN THE REACH
OR EASY ACCESS OF A MINOR UNDER
14 YEARS OF AGE. ADDITIONALLY,
THE NEGLIGENT STORAGE
OR OPERATION OF A FIREARM MAY REQUIRE
THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
MONETARY DAMAGES IN A CIVIL SUIT TO ANY
INDIVIDUAL INJURED AS THE RESULT OF
SUCH NEGLIGENCE."
(b) Any retail or wholesale seller of firearms or firearm
ammunition holding a license under the federal "Gun Control Act of
1320 JOURNAL OF THE [March 17, 1999]
1968" must conspicuously post at each purchase counter where such
firearms are sold the following warning in block letters not less
than one inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE
BY IMPRISONMENT AND FINE, FOR
ANY PERSON TO STORE OR
LEAVE A FIREARM IN ANY PLACE
WITHIN THE REACH OR EASY ACCESS
OF A MINOR UNDER 14 YEARS OF AGE.
ADDITIONALLY, THE NEGLIGENT
STORAGE OR
OPERATION OF A FIREARM MAY REQUIRE
THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
MONETARY DAMAGES IN A CIVIL SUIT TO ANY
INDIVIDUAL INJURED AS THE RESULT OF
SUCH NEGLIGENCE."
(c) Any person or business knowingly violating a requirement to
provide warning under this Section commits a petty offense for which
a fine not exceeding $500 shall be imposed.
(d) The warnings required by this Section are not intended to
serve as the basis for civil liability. Rather, they are intended
only to alert purchasers of firearms of the possible consequences of
the negligent storage or operation of a firearm that may exist under
other statutes or the common law.
(e) Retail commercial sellers of firearms required to provide
warnings under subsections (a) and (b) may comply with the
requirements by designing the form themselves or by providing form
warnings and posters designed and provided by the Department of State
Police.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 279. Having been recalled on March 11, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Lang offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 279
AMENDMENT NO. 1. Amend House Bill 279 by replacing the title
with the following:
"AN ACT concerning State contracts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by changing
Section 50-65 as follows:
(30 ILCS 500/50-65)
Sec. 50-65. Contractor Suspension and debarment.
(a) Any person contractor may be suspended for cause in
accordance with rules promulgated by the chief procurement officer
for violation of this Code, or for failure to conform to
specifications or terms of delivery, or for other acts or omissions
that indicate a lack of integrity and honesty in the conduct of
business or the performance of contracts. Suspension shall be for
cause and may be for a period of up to 5 years at the discretion of
the applicable chief procurement officer. A person Contractors may be
HOUSE OF REPRESENTATIVES 1321
debarred in accordance with rules promulgated by the chief
procurement officer or as otherwise provided by law. A person shall
be debarred upon conviction for any felony, committed in connection
with the procurement of or performance of a federal, State, or local
contract, that involves fraud, bribery, embezzlement, theft,
conspiracy, collusion, anti-competitive practices, or other acts
indicating a lack of integrity or honesty in the procurement of or
performance of contracts.
(b) Suspension or debarment of a person under this Section
applies to any affiliates of the person existing at the time of the
suspension or debarment and to any business or affiliate of the
person that is formed after the time of the suspension or debarment.
(c) No business may be debarred from contracting with a State
agency or a unit of local government under this Section as a result
of the conviction of a principal of that business if the principal is
no longer employed by or otherwise involved with that business and
(i) the business has been adjudicated not guilty or (ii) the business
demonstrates to the chief procurement officer that the commission of
the offense was not authorized, requested, commanded, or performed by
the board of directors or a member of the board, an officer, or a
high managerial agent acting within the scope of his or her
employment. When a principal acts on behalf of the business or with
the direction or authorization of a responsible official of the
business, the business may be chargeable with the conduct.
(d) In this Section:
(1) "Affiliate" means any business that a person controls
or has the power to control.
(2) "Anti-competitive practice" means any act that
undermines the principles of competitive bidding and the
provisions of this Code, including but not limited to, acts
prohibited under Section 50-25 of this Code and bid-rigging as
defined in Section 33E-3 of the Criminal Code of 1961, and
bed-rotating as defined in Section 33E-4 of the Criminal Code of
1961.
(3) "Conviction" means the same as in Section 2-5 of the
Criminal Code of 1961 and includes a plea of nolo contendere.
(4) "Debarred" means permanently barred from participating,
in any capacity, in a contract with a State agency or in a
contract with a unit of local government if the contract is
subject to approval or financial participation by a State agency.
(5) "Person" means the same as in Section 1-15.55.
(6) "Principal" means an owner, partner, manager,
director, officer, key employee, or other person in a business
who exercise managerial or supervisory responsibility.
(Source: P.A. 90-572, eff. 2-6-98.)
Section 10. The Criminal Code of 1961 is amended by changing
Section 33E-3 as follows:
(720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
Sec. 33E-3. Bid-rigging. A person commits the offense of
bid-rigging when he knowingly agrees with any person who is, or but
for such agreement would be, a competitor of such person concerning
any bid submitted or not submitted by such person or another to a
unit of State or local government when with the intent that the bid
submitted or not submitted will result in the award of a contract to
such person or another and he either (1) provides such person or
receives from another information concerning the price or other
material term or terms of the bid which would otherwise not be
disclosed to a competitor in an independent noncollusive submission
of bids or (2) submits a bid that is of such a price or other
material term or terms that he does not intend the bid to be
accepted.
1322 JOURNAL OF THE [March 17, 1999]
Bid-rigging is a Class 3 felony. Any person convicted of this
offense or any similar offense of any state or the United States
which contains the same elements as this offense shall be permanently
barred for 5 years from the date of conviction from contracting with
any unit of State or local government. No corporation shall be barred
from contracting with any unit of State or local government as a
result of a conviction under this Section of any employee or agent of
such corporation if the employee so convicted is no longer employed
by the corporation and: (1) it has been finally adjudicated not
guilty or (2) if it demonstrates to the governmental entity with
which it seeks to contract and that entity finds that the commission
of the offense was neither authorized, requested, commanded, nor
performed by a director, officer or a high managerial agent in behalf
of the corporation as provided in paragraph (2) of subsection (a) of
Section 5-4 of this Code.
(Source: P.A. 86-150.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 382. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Coulson offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 382
AMENDMENT NO. 1. Amend House Bill 382 on page 3, line 9, by
replacing "payment" with "payment or department responsible for
resolving disputes"; and
on page 3 by replacing lines 14 through 31 with the following:
"has the meaning given that term in Section 356r of this Code.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Fowler, HOUSE
BILL 1175 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 41. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Durkin offered the following amendment and moved
its adoption:
HOUSE OF REPRESENTATIVES 1323
AMENDMENT NO. 1 TO HOUSE BILL 41
AMENDMENT NO. 1. Amend House Bill 41, on page 1, by inserting
between lines 29 and 30 the following:
"(c) Unavailability as a witness under this Section is limited
to the situation in which the declarant is deceased.
(d) Any prior statement that is sought to be admitted under this
Section must have been made by the declarant under oath at a trial,
hearing, or other proceeding."; and
on page 1, line 30, by changing "(c)" to "(e)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 3. Having been read by title a second time on March
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Currie offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3
AMENDMENT NO. 1. Amend House Bill 3 on page 4, line 22 by
replacing "Class B misdemeanor" with "petty offense and is subject to
a fine of $500 for each offense"; and
on page 4, line 32 by replacing "Class B misdemeanor" with "petty
offense and is subject to a fine of $1,000 for each offense".
AMENDMENT NO. 2 TO HOUSE BILL 3
AMENDMENT NO. 2. Amend House Bill 3 on page 2, line 5 by
inserting after "day." the following:
"An employer may require that the duration of any period of leave be
not less than 2 hours.".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 458. Having been recalled on February 18, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative John Turner offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 458
AMENDMENT NO. 1. Amend House Bill 458 on page 2, by replacing
lines 7 and 8 with the following:
"portable scales for all municipal and county police officers,
technicians, and employees who set up"; and
on page 2, line 23, after "Agriculture", by inserting the following:
", or for those scales operated by the State, when such tests are
1324 JOURNAL OF THE [March 17, 1999]
requested by the Department of State Police, whichever is more
frequent"; and
on page 2, lines 26 and 27, by replacing "at a frequency prescribed"
with "pursuant to this Section"; and
on page 3, by replacing lines 4 through 6 with the following:
"amendatory Act of the 91st General Assembly, all municipal and
county officers, technicians, and employees who set up and operate
portable scales for wheel".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 1434. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Lang offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1434
AMENDMENT NO. 1. Amend House Bill 1434 by replacing the title
with the following:
"AN ACT in relation to debt collection."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the State
Loan Act.
Section 5. Definitions. As used in this Act:
"State loan" means any loan of $50,000 or more made by the State
of Illinois or any State agency to any person for any purpose.
"State agencies" has the meaning ascribed to that term in Section
1-7 of the Illinois State Auditing Act.
"Person" means any individual, corporation, partnership,
unincorporated association, limited liability company, limited
liability partnership, or other entity.
"Designated individuals" means:
(i) In the case of a partnership, all general and limited
partners of the partnership.
(ii) In the case of a corporation, all shareholders with
10% or more equity or ownership interest in the corporation.
(iii) In the case of one or more individuals, all of the
individuals.
(iv) In the case of any other entity, all individuals with
any equity or ownership interest in the entity.
Section 10. Disclosure. Before any State loan may be made to
any person or renewed (and before repayment of any part of a State
loan may be forgiven or renegotiated), the names and addresses of
each designated individual of the person must be disclosed and made
public.
Section 15. Guarantee. Before any State loan may be made to any
person or renewed or renegotiated, each designated individual of the
person must personally guarantee repayment of the loan. A guarantee
remains in effect until the loan has been repaid in full. A
guarantee may not be rescinded or abrogated under any circumstances.
Any agreement that purports to rescind or abrogate a guarantee is
null and void.
Section 20. Certain contracts prohibited. No State agency may
HOUSE OF REPRESENTATIVES 1325
enter into any contract with any person if the person or any
designated individual of the person is in default on any State loan.
Section 25. Disclosure of contributions. No State loan may be
made or renewed, nor may repayment of any part of a State loan be
forgiven or renegotiated, unless each designated individual of the
person with which the State loan, renewal, forgiveness, or
renegotiation is proposed to be made has publicly disclosed all
contributions made by the designated individual in the past 5 years.
As used in this Act, "contribution" includes any contribution as
defined in Section 9-1.4 of the Election Code and any contribution to
a political committee. As used in this Act, "political committee"
has the meaning ascribed to that term in Section 9-1.9 of the
Election Code.
Section 30. Default; Attorney General investigation. In the
case of any default on a State loan, the State agency making the loan
shall notify the Attorney General. The Attorney General shall
investigate the circumstances of the default. Unless the Attorney
General determines that the loan is uncollectible, the Attorney
General shall take appropriate action to collect any amount owing to
the State and enforce the State's rights under the loan agreement.
Section 35. Uncollected State Claims Act. Any renegotiation or
forgiveness of a State loan must be in compliance with the provisions
of the Uncollected State Claims Act and the Illinois State Collection
Act of 1986 regarding reporting and recording of debt collections and
the writing off of debts.
Section 40. Report.
The Attorney General shall report to the General Assembly by
February 1 of each year the following:
(1) the total number and dollar amount of loans about which the
Attorney General was notified in accordance with this Act in the
preceding calendar year;
(2) the total amount actually collected;
(3) the number of cases by agency; and
(4) the names and addresses of all designated individuals of any
person that is a party to a State loan about which the Attorney
General was notified in accordance with this Act in the preceding
calendar year.
Section 105. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Debt Collection Fund.
Section 110. The Uncollected State Claims Act is amended by
changing Section 2 as follows:
(30 ILCS 205/2) (from Ch. 15, par. 102)
Sec. 2. Uncollectible debts; assignment of student loans; annual
reports.
(a) When any State agency is unable to collect any claim or
account receivable of $1,000 or more due the agency after having
pursued the procedure prescribed by law or applicable rules and
regulations for the collection thereof or, if no procedure is so
prescribed, then after having undertaken all reasonable and
appropriate procedures available to the agency to effectuate
collection, the State agency shall request the Attorney General to
certify the claim or account receivable to be uncollectible.
(b) Each request to the Attorney General asking that a claim or
account receivable of $1,000 or more be declared uncollectible shall
be in a format prescribed by the Attorney General and shall include
at a minimum the following information: debtor's name, debtor's
social security number or comparable identifying number, debtor's
last known address, nature of the debt, efforts made to collect the
debt and the time period covered by those efforts, the age of the
1326 JOURNAL OF THE [March 17, 1999]
debt, the age of the debtor and the specific reason the State agency
believes the debt to be uncollectible. Nothing in this provision
should be interpreted as a limitation on the authority of the
Attorney General to require additional information that he may find
to be necessary to evaluate requests sent him pursuant to this
provision.
(c) Claims or accounts receivable of less than $1,000 may be
certified as uncollectible by the agency when the agency determines
that further collection efforts are not in the best economic interest
of the State. Such determination shall be made in accordance with
rules of the Comptroller.
(d) If any item of information required by this provision or any
item of additional information required by the Attorney General is
not available, the State agency shall specifically so state in its
request to the Attorney General asking that the debt be declared
uncollectible.
(e) A State agency participating in a federal student loan
program may remove student loans from its records by assigning or
referring such student loans to the federal government for collection
pursuant to the procedures prescribed by federal laws and
regulations.
(f) Claims and receivables due from another State agency may be
written off if the agency has pursued all reasonable means of
collection and if the amount (1) is payable from an appropriation
which has lapsed; (2) may not properly be charged against a current
appropriation; and (3) was not originally payable from federal funds,
a trust fund or locally held funds. Each agency which writes off
claims or receivables pursuant to this subparagraph shall submit a
listing of all such write-offs to the Comptroller within 60 days of
taking such action.
(g) Debts certified as uncollectible may be reopened for
collection by an agency upon the approval of the Attorney General.
(h) Agencies shall submit a list of debts certified as
uncollectible to the Comptroller in the form and manner specified by
the Comptroller. The Comptroller shall take reasonable steps to
accept information on agency computer tapes.
(i) After compliance with all provisions of this Section, an
agency may delete from its records debts certified as uncollectible
as follows:
(1) When the debt is less than $1,000, immediately upon
certification by the agency;
(2) For debts of $1,000 or more that are less than 5 years old,
when the agency determines pursuant to rules and regulations
promulgated by the Comptroller that such deletion is in the best
economic interest of the State;
(3) For debts of $1,000 or more when, the debt is more than 5
years old.
(j) The Attorney General shall report to the General Assembly by
February 1 of each year the following:
(1) the total number and dollar amount of debts referred to him
for collection in the preceding calendar year;
(2) the total amount actually collected;
(3) the number of cases by agency.
(k) Each State agency shall report in its annual report the
total amount and the number of claims due and payable to the State.
Each agency shall also describe in its annual report the method used
in collecting debts, whether by a private collection service or by
the Attorney General.
(1) The provisions of Section 39c of The Civil Administrative
Code of Illinois take precedence over the provisions of this Section.
(m) Any renegotiation or forgiveness of a State loan to which
HOUSE OF REPRESENTATIVES 1327
the State Loan Act applies must be in compliance with the provisions
of this Act regarding reporting and recording of debt collections and
the writing off of debts.
(Source: P.A. 84-1308; 84-1344.)
Section 115. The Illinois State Collection Act of 1986 is
amended by changing Sections 2, 4, 5, 6, 7, and 8 and adding Section
10 as follows:
(30 ILCS 210/2) (from Ch. 15, par. 152)
Sec. 2. Scope of the Act. This Act applies to all accounts or
claims owed to "State agencies", as that term is defined in the
Illinois State Auditing Act, except that the debt collection and
write-off provisions of this Act shall not apply to the Illinois
State Scholarship Commission in the administration of its student
loan programs. To the extent that some other statute prescribes
procedures for collection of particular types of accounts or claims
owed to State agencies in conflict with the provisions of this Act,
such other statute shall continue in full force and effect. The debt
collection and write-off provisions of this Act may be utilized by
the General Assembly, the Supreme Court and the several courts of
this State, and the constitutionally elected State Officers, at their
discretion, except that Section 10 applies to all State agencies
unless otherwise specified in that Section. However reporting
requirements established by the comptroller shall be followed by all
State agencies. The provisions of this Act shall be utilized at all
times by all departments, agencies, divisions, and offices under the
jurisdiction of the Governor.
(Source: P.A. 85-814.)
(30 ILCS 210/4) (from Ch. 15, par. 154)
Sec. 4. Comptroller; rules; reports.
(a) The Comptroller shall provide by rule appropriate procedures
for State agencies to follow in establishing and recording within the
State accounting system records of amounts owed to the State of
Illinois. The rules of the Comptroller shall include, but are not
limited to:
(1) the manner by which State agencies shall recognize
debts;
(2) systems to age accounts receivable of State agencies;
(3) standards by which State agencies' claims may be
entered and removed from the Comptroller's Offset System
authorized by Section 10.05 of the State Comptroller Act;
(4) accounting procedures for estimating the amount of
uncollectible receivables of State agencies; and
(5) accounting procedures for writing off bad debts and
uncollectible claims, subject to the requirement of Section 10
that debts more than 90 days overdue be turned over to the Debt
Collection Unit of the Auditor General's Office.
(b) State agencies shall report to the Comptroller information
concerning their accounts receivable and uncollectible claims in
accordance with the rules of the Comptroller, which may provide for
summary reporting.
(c) The rules of the Comptroller authorized by this Section may
specify varying procedures and forms of reporting dependent upon the
nature and amount of the account receivable or uncollectible claim,
the age of the debt, the probability of collection and such other
factors that will increase the net benefit to the State of the
collection effort.
(d) The Comptroller shall report annually by March 14, to the
Governor and the General Assembly, the amount of all delinquent debt
owed to each State agency as of December 31 of the previous calendar
year.
(e) Any renegotiation or forgiveness of a State loan to which
1328 JOURNAL OF THE [March 17, 1999]
the State Loan Act applies must be in compliance with the provisions
of this Act regarding reporting and recording of debt collections and
the writing off of debts.
(Source: P.A. 86-515.)
(30 ILCS 210/5) (from Ch. 15, par. 155)
Sec. 5. Rules; payment plans; offsets.
(a) State agencies shall adopt rules establishing formal due
dates for amounts owing to the State, until July 1, 2000, and for the
referral of seriously past due accounts to private collection
agencies, unless otherwise expressly provided by law or rule. Such
procedures shall be established in accord with sound business
practices.
(b) Until July 1, 2000, agencies may enter deferred payment
plans for debtors of the agency and documentation of this fact
retained by the agency, where the deferred payment plan is likely to
increase the net amount collected by the State.
(c) State agencies may use the Comptroller's Offset System
provided in Section 10.05 of the State Comptroller Act for the
collection of debts owed to the agency. Until July 1, 2000, all
debts that exceed $1,000 and are more than 90 days past due shall be
placed in the Comptroller's Offset System, unless the State agency
shall have entered into a deferred payment plan or demonstrates to
the Comptroller's satisfaction that referral for offset is not cost
effective.
(d) State agencies shall develop internal procedures whereby
agency initiated payments to its debtors may be offset without
referral to the Comptroller's Offset System.
(e) State agencies or the Comptroller may remove claims from the
Comptroller's Offset System, where such claims have been inactive for
more than one year.
(f) Beginning July 1, 2000, State agencies other than
universities shall determine that a debt is uncollectible in
accordance with rules adopted by the Auditor General under Section 10
and shall turn over to the Debt Collection Unit of the Auditor
General's Office any debt that is more than 90 days overdue to the
State. Beginning July 1, 2000, universities may determine that a
debt is uncollectible in accordance with rules adopted by the Auditor
General under Section 10 and may turn over to the Debt Collection
Unit of the Auditor General's Office any debt that is more than 90
days overdue to the State. The Department of Revenue is exempt from
this subsection with regard to debts the confidentiality of which the
Department of Revenue is required by law to maintain.
(Source: P.A. 90-332, eff. 1-1-98.)
(30 ILCS 210/6) (from Ch. 15, par. 156)
Sec. 6. Accounts Receivable Funds. The Comptroller with the
approval of the Governor may provide by rule and regulation for the
creation of a special fund or funds for the deposit of designated
receipts by designated agencies to be known as the Accounts
Receivable Fund or Funds. Deposits shall be segregated by the
creditor agency. No deposit shall be made unless the collection is
of an account receivable more than 120 days past due.
Seventy-five percent of the amounts deposited each quarter into
such a special fund shall be transferred to the General Revenue Fund
or such other fund that would have originally received the receipts.
The remaining amounts may be used by the creditor agency for
collecting overdue accounts pursuant to appropriation by the General
Assembly.
An agency, with the approval of the Comptroller, may deposit all
receipts into the General Revenue Fund or other such fund that would
have originally received the receipts. Twenty-five percent of such
deposits made each quarter for accounts receivable more than 120 days
HOUSE OF REPRESENTATIVES 1329
past due shall be transferred to the Accounts Receivable Fund or
Funds. The transferred amounts may be used by the creditor agency
for collecting overdue accounts pursuant to appropriation by the
General Assembly.
In determining the types of receipts to be deposited pursuant to
this Section the Comptroller and the Governor shall consider the
following factors:
(1) The percentage of such receipts estimated to be
uncollectible by the creditor agency;
(2) The percentage of such receipts certified as uncollectible
by the Attorney General;
(3) The potential increase in future receipts, as estimated by
the creditor agency, if 25% of amounts collected are retained for
collection efforts;
(4) The impact of the retention of 25% of receipts on the
relevant fund balances; and
(5) Such other factors as the Comptroller and the Governor deem
relevant.
This Section shall not apply to the Department of Revenue nor the
Department of Employment Security.
This Section is repealed July 1, 2000. On that date any moneys
in the Accounts Receivable Funds created under this Section shall be
transferred into the General Revenue Fund.
(Source: P.A. 86-194.)
(30 ILCS 210/7) (from Ch. 15, par. 157)
Sec. 7. Contracts for legal and collection assistance. Upon
agreement of the Attorney General, agencies may contract for legal
assistance in collecting past due accounts. In addition, agencies
may contract for collection assistance where such assistance is
determined by the agency to be in the best economic interest of the
State. Agencies may utilize monies in the Accounts Receivable Fund
to pay for such legal and collection assistance; provided, however,
that no more than 20% of collections on an account may be paid from
the Accounts Receivable Fund as compensation for legal and collection
assistance on that account. If the amount available for expenditure
from the Accounts Receivable Fund is insufficient to pay the cost of
such services, the difference, up to 40% of the total collections per
account, may be paid from other monies which may be available to the
Agency.
This Section is repealed July 1, 2000. Any contract entered into
under this Section before that date shall remain valid but may not be
renewed.
(Source: P.A. 85-814.)
(30 ILCS 210/8) (from Ch. 15, par. 158)
Sec. 8. Debt Collection Board. There is created a Debt
Collection Board consisting of the Director of Central Management
Services as chairman, the State Comptroller, and the Attorney
General, or their respective designees. The Board shall establish a
centralized collections service to undertake further collection
efforts on delinquent accounts or claims of the State which have not
been collected through the reasonable efforts of the respective State
agencies. The Board shall promulgate rules and regulations pursuant
to the Illinois Administrative Procedure Act with regard to the
establishment of timetables and the assumption of responsibility for
agency accounts receivable that have not been collected by the
agency, are not subject to a current repayment plan, or have not been
certified as uncollectible as of the date specified by the Board.
The Board shall make a final evaluation of those accounts and either
(i) direct or conduct further collection activities when further
collection efforts are in the best economic interest of the State or
(ii) in accordance with Section 2 of the Uncollected State Claims
1330 JOURNAL OF THE [March 17, 1999]
Act, certify the receivable as uncollectible or submit the account to
the Attorney General for that certification.
The Board is empowered to adopt rules and regulations subject to
the provisions of the Illinois Administrative Procedure Act.
The Board is empowered to enter into one or more contracts with
outside vendors with demonstrated capabilities in the area of account
collection. The contracts shall be let on the basis of competitive
proposals secured from responsible proposers. The Board may require
that vendors be prequalified. All contracts shall provide for a
contingent fee based on the age, nature, amount and type of
delinquent account. The Board may adopt a reasonable classification
schedule for the various receivables. The contractor shall remit the
amount collected, net of the contingent fee, to the respective State
agency which shall deposit the net amount received into the fund that
would have received the receipt had it been collected by the State
agency. No portion of the collections shall be deposited into an
Accounts Receivable Fund established under Section 6 of this Act.
The Board shall act only upon the unanimous vote of its members.
This Section is repealed July 1, 2000.
(Source: P.A. 89-511, eff. 1-1-97.)
(30 ILCS 210/10 new)
Sec. 10. Debt Collection Unit of the Auditor General's Office.
(a) The Auditor General shall establish and maintain a division
within his or her office to be known as the Debt Collection Unit.
The purpose of the Unit shall be the collection of debts more than 90
days overdue to the State. The Auditor General shall adopt rules for
the administration and procedures of the Unit.
(b) The Auditor General shall adopt rules for the certification
of debt collection specialists to be employed by the Unit.
(c) The Auditor General shall adopt rules for determining when
a debt owed to a State agency is uncollectible. The rules shall be
used by State agencies other than universities beginning July 1, 2000
and may be used by universities beginning July 1, 2000. The
Department of Revenue is exempt from those rules with regard to debts
the confidentiality of which the Department of Revenue is required by
law to maintain. The Auditor General may contract with private
collection entities and attorneys to pursue collection of a debt
determined to be uncollectible.
(d) Beginning July 1, 2000, a State agency other than a
university shall turn over, and a university may turn over, to the
Unit for collection any debt that is more than 90 days overdue to the
State. The Department of Revenue is exempt from turning over to the
Unit any debt the confidentiality of which the Department of Revenue
is required by law to maintain. When turning over a debt, the State
agency shall also turn over all documents and records relating to the
debt. In collecting a debt, the Unit may exercise the same rights and
powers with regard to debt collection possessed by the State agency
that turned over the debt to the Unit.
(e) The Debt Collection Fund is created as a special fund in the
State treasury. Ten percent of the amount collected on each debt by
the Unit shall be deposited into the Debt Collection Fund; the
remaining 90% of the amount collected shall be deposited into the
appropriate State fund or funds to which the debt was owed. Moneys
in the Debt Collection Fund shall be appropriated only for the
administrative costs of the Unit. At the end of each fiscal year,
moneys remaining unappropriated in the Debt Collection Fund shall be
transferred into the General Revenue Fund.
(f) The Attorney General and State Comptroller shall assist in
the debt collection efforts of the Unit as requested by the Unit.
(g) The Auditor General shall report semi-annually to the
General Assembly and State Comptroller upon the debt collection
HOUSE OF REPRESENTATIVES 1331
efforts of the Unit. Each report shall include an analysis of the
overdue debts owed to the State.
Section 120. The Illinois Income Tax Act is amended by changing
Section 917 as follows:
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
Sec. 917. Confidentiality and information sharing.
(a) Confidentiality. Except as provided in this Section, all
information received by the Department from returns filed under this
Act, or from any investigation conducted under the provisions of this
Act, shall be confidential, except for official purposes within the
Department, pursuant to Section 2.5 of the Tax Collection Suit Act,
or pursuant to official procedures for collection of any State tax or
pursuant to an investigation or audit by the Illinois State
Scholarship Commission of a delinquent student loan or monetary award
or enforcement of any civil or criminal penalty or sanction imposed
by this Act or by another statute imposing a State tax, and any
person who divulges any such information in any manner, except for
such purposes and pursuant to order of the Director or in accordance
with a proper judicial order, shall be guilty of a Class A
misdemeanor. However, the provisions of this paragraph are not
applicable to information furnished to a licensed attorney
representing the taxpayer where an appeal or a protest has been filed
on behalf of the taxpayer.
(b) Public information. Nothing contained in this Act shall
prevent the Director from publishing or making available to the
public the names and addresses of persons filing returns under this
Act, or from publishing or making available reasonable statistics
concerning the operation of the tax wherein the contents of returns
are grouped into aggregates in such a way that the information
contained in any individual return shall not be disclosed.
(c) Governmental agencies. The Director may make available to
the Secretary of the Treasury of the United States or his delegate,
or the proper officer or his delegate of any other state imposing a
tax upon or measured by income, for exclusively official purposes,
information received by the Department in the administration of this
Act, but such permission shall be granted only if the United States
or such other state, as the case may be, grants the Department
substantially similar privileges. The Director may exchange
information with the Illinois Department of Public Aid and the
Department of Human Services (acting as successor to the Department
of Public Aid under the Department of Human Services Act) for the
purpose of verifying sources and amounts of income and for other
purposes directly connected with the administration of this Act and
the Illinois Public Aid Code. The Director may exchange information
with the Director of the Department of Employment Security for the
purpose of verifying sources and amounts of income and for other
purposes directly connected with the administration of this Act and
Acts administered by the Department of Employment Security. The
Director may make available to the Illinois Industrial Commission
information regarding employers for the purpose of verifying the
insurance coverage required under the Workers' Compensation Act and
Workers' Occupational Diseases Act.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. The Director may also
make available to the Secretary of State information that a
corporation which has been issued a certificate of incorporation by
the Secretary of State has failed to file returns under this Act or
1332 JOURNAL OF THE [March 17, 1999]
pay the tax, penalty and interest shown therein, or has failed to pay
any final assessment of tax, penalty or interest due under this Act.
An assessment is final when all proceedings in court for review of
such assessment have terminated or the time for the taking thereof
has expired without such proceedings being instituted. For taxable
years ending on or after December 31, 1987, the Director may make
available to the Director or principal officer of any Department of
the State of Illinois, information that a person employed by such
Department has failed to file returns under this Act or pay the tax,
penalty and interest shown therein. For purposes of this paragraph,
the word "Department" shall have the same meaning as provided in
Section 3 of the State Employees Group Insurance Act of 1971.
(d) The Director shall make available for public inspection in
the Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
(e) Nothing contained in this Act shall prevent the Director
from divulging information to any person pursuant to a request or
authorization made by the taxpayer, by an authorized representative
of the taxpayer, or, in the case of information related to a joint
return, by the spouse filing the joint return with the taxpayer.
(Source: P.A. 89-507, eff. 7-1-97; 90-491, eff. 1-1-98.)
Section 125. The Retailers' Occupation Tax Act is amended by
changing Section 11 as follows:
(35 ILCS 120/11) (from Ch. 120, par. 450)
Sec. 11. All information received by the Department from returns
filed under this Act, or from any investigation conducted under this
Act, shall be confidential, except for official purposes or pursuant
to Section 2.5 of the Tax Collection Suit Act, and any person who
divulges any such information in any manner, except in accordance
with a proper judicial order or as otherwise provided by law, shall
be guilty of a Class B misdemeanor.
Nothing in this Act prevents the Director of Revenue from
publishing or making available to the public the names and addresses
of persons filing returns under this Act, or reasonable statistics
concerning the operation of the tax by grouping the contents of
returns so the information in any individual return is not disclosed.
Nothing in this Act prevents the Director of Revenue from
divulging to the United States Government or the government of any
other state, or any village that does not levy any real property
taxes for village operations and that receives more than 60% of its
general corporate revenue from taxes under the Use Tax Act, the
HOUSE OF REPRESENTATIVES 1333
Service Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act, or any officer or agency thereof, for
exclusively official purposes, information received by the Department
in administering this Act, provided that such other governmental
agency agrees to divulge requested tax information to the Department.
The Department's furnishing of information derived from a
taxpayer's return or from an investigation conducted under this Act
to the surety on a taxpayer's bond that has been furnished to the
Department under this Act, either to provide notice to such surety of
its potential liability under the bond or, in order to support the
Department's demand for payment from such surety under the bond, is
an official purpose within the meaning of this Section.
The furnishing upon request of information obtained by the
Department from returns filed under this Act or investigations
conducted under this Act to the Illinois Liquor Control Commission
for official use is deemed to be an official purpose within the
meaning of this Section.
Notice to a surety of potential liability shall not be given
unless the taxpayer has first been notified, not less than 10 days
prior thereto, of the Department's intent to so notify the surety.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
Where an appeal or a protest has been filed on behalf of a
taxpayer, the furnishing upon request of the attorney for the
taxpayer of returns filed by the taxpayer and information related
thereto under this Act is deemed to be an official purpose within the
meaning of this Section.
The furnishing of financial information to a home rule unit that
has imposed a tax similar to that imposed by this Act pursuant to its
home rule powers, or to any village that does not levy any real
property taxes for village operations and that receives more than 60%
of its general corporate revenue from taxes under the Use Tax Act,
the Service Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act, upon request of the Chief Executive
thereof, is an official purpose within the meaning of this Section,
provided the home rule unit or village that does not levy any real
property taxes for village operations and that receives more than 60%
of its general corporate revenue from taxes under the Use Tax Act,
the Service Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act agrees in writing to the requirements
of this Section.
For a village that does not levy any real property taxes for
village operations and that receives more than 60% of its general
corporate revenue from taxes under the Use Tax Act, Service Use Tax
Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act,
the officers eligible to receive information from the Department of
Revenue under this Section are the village manager and the chief
financial officer of the village.
Information so provided shall be subject to all confidentiality
provisions of this Section. The written agreement shall provide for
reciprocity, limitations on access, disclosure, and procedures for
requesting information.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. The Director may also
make available to the Secretary of State information that a limited
1334 JOURNAL OF THE [March 17, 1999]
liability company, which has filed articles of organization with the
Secretary of State, or corporation which has been issued a
certificate of incorporation by the Secretary of State has failed to
file returns under this Act or pay the tax, penalty and interest
shown therein, or has failed to pay any final assessment of tax,
penalty or interest due under this Act. An assessment is final when
all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 89-89, eff. 6-30-95; 90-491, eff. 1-1-98.)
Section 130. The Cigarette Tax Act is amended by changing
Section 10b as follows:
(35 ILCS 130/10b) (from Ch. 120, par. 453.10b)
Sec. 10b. All information received by the Department from
returns filed under this Act, or from any investigation conducted
under this Act, shall be confidential, except for official purposes
or pursuant to Section 2.5 of the Tax Collection Suit Act, and any
person who divulges any such information in any manner, except in
accordance with a proper judicial order or as otherwise provided by
law, shall be guilty of a Class A misdemeanor.
Nothing in this Act prevents the Director of Revenue from
publishing or making available to the public the names and addresses
of persons filing returns under this Act, or reasonable statistics
concerning the operation of the tax by grouping the contents of
returns so that the information in any individual return is not
disclosed.
Nothing in this Act prevents the Director of Revenue from
divulging to the United States Government or the government of any
other state, or any officer or agency thereof, for exclusively
official purposes, information received by the Department in
administering this Act, provided that such other governmental agency
agrees to divulge requested tax information to the Department.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
HOUSE OF REPRESENTATIVES 1335
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The furnishing of financial information to a home rule unit with
a population in excess of 2,000,000 that has imposed a tax similar to
that imposed by this Act under its home rule powers, upon request of
the Chief Executive of the home rule unit, is an official purpose
within the meaning of this Section, provided the home rule unit
agrees in writing to the requirements of this Section. Information so
provided is subject to all confidentiality provisions of this
Section. The written agreement shall provide for reciprocity,
limitations on access, disclosure, and procedures for requesting
information.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 135. The Cigarette Use Tax Act is amended by changing
Section 20 as follows:
(35 ILCS 135/20) (from Ch. 120, par. 453.50)
Sec. 20. All information received by the Department from
returns filed under this Act, or from any investigation conducted
under this Act, shall be confidential, except for official purposes
or pursuant to Section 2.5 of the Tax Collection Suit Act, and any
person who divulges any such information in any manner, except in
accordance with a proper judicial order or as otherwise provided by
law, shall be guilty of a Class A misdemeanor.
Nothing in this Act prevents the Director of Revenue from
publishing or making available to the public the names and addresses
1336 JOURNAL OF THE [March 17, 1999]
of persons filing returns under this Act, or reasonable statistics
concerning the operation of the tax by grouping the contents of
returns so that the information in any individual return is not
disclosed.
Nothing in this Act prevents the Director of Revenue from
divulging to the United States Government or the government of any
other state, or any officer or agency thereof, for exclusively
official purposes, information received by the Department in
administering this Act, provided that such other governmental agency
agrees to divulge requested tax information to the Department.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The furnishing of financial information to a home rule unit with
a population in excess of 2,000,000 that has imposed a tax similar to
that imposed by this Act under its home rule powers, upon request of
the Chief Executive of the home rule unit, is an official purpose
within the meaning of this Section, provided the home rule unit
agrees in writing to the requirements of this Section. Information so
provided is subject to all confidentiality provisions of this
Section. The written agreement shall provide for reciprocity,
limitations on access, disclosure, and procedures for requesting
information.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
HOUSE OF REPRESENTATIVES 1337
Section 140. The Property Tax Code is amended by changing
Section 15-172 as follows:
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens Assessment
Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an application
under this Section.
"Base amount" means the base year equalized assessed value of the
residence plus the first year's equalized assessed value of any added
improvements which increased the assessed value of the residence
after the base year.
"Base year" means the taxable year prior to the taxable year for
which the applicant first qualifies and applies for the exemption
provided that in the prior taxable year the property was improved
with a permanent structure that was occupied as a residence by the
applicant who was liable for paying real property taxes on the
property and who was either (i) an owner of record of the property or
had legal or equitable interest in the property as evidenced by a
written instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family residence.
"Chief County Assessment Officer" means the County Assessor or
Supervisor of Assessments of the county in which the property is
located.
"Equalized assessed value" means the assessed value as equalized
by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the applicant, and
all persons using the residence of the applicant as their principal
place of residence.
"Household income" means the combined income of the members of a
household for the calendar year preceding the taxable year.
"Income" has the same meaning as provided in Section 3.07 of the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act.
"Internal Revenue Code of 1986" means the United States Internal
Revenue Code of 1986 or any successor law or laws relating to federal
income taxes in effect for the year preceding the taxable year.
"Life care facility that qualifies as a cooperative" means a
facility as defined in Section 2 of the Life Care Facilities Act.
"Residence" means the principal dwelling place and appurtenant
structures used for residential purposes in this State occupied on
January 1 of the taxable year by a household and so much of the
surrounding land, constituting the parcel upon which the dwelling
place is situated, as is used for residential purposes. If the Chief
County Assessment Officer has established a specific legal
description for a portion of property constituting the residence,
then that portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad valorem
property taxes payable in the next succeeding year are levied.
(c) Beginning in taxable year 1994, a senior citizens assessment
freeze homestead exemption is granted for real property that is
improved with a permanent structure that is occupied as a residence
by an applicant who (i) is 65 years of age or older during the
taxable year, (ii) has a household income of $35,000 or less, (iii)
is liable for paying real property taxes on the property, and (iv) is
an owner of record of the property or has a legal or equitable
interest in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest in a
1338 JOURNAL OF THE [March 17, 1999]
parcel of property improved with a permanent structure that is a
single family residence that is occupied as a residence by a person
who (i) is 65 years of age or older during the taxable year, (ii) has
a household income of $35,000 or less, (iii) has a legal or equitable
ownership interest in the property as lessee, and (iv) is liable for
the payment of real property taxes on that property.
The amount of this exemption shall be the equalized assessed
value of the residence in the taxable year for which application is
made minus the base amount.
When the applicant is a surviving spouse of an applicant for a
prior year for the same residence for which an exemption under this
Section has been granted, the base year and base amount for that
residence are the same as for the applicant for the prior year.
Each year at the time the assessment books are certified to the
County Clerk, the Board of Review or Board of Appeals shall give to
the County Clerk a list of the assessed values of improvements on
each parcel qualifying for this exemption that were added after the
base year for this parcel and that increased the assessed value of
the property.
In the case of land improved with an apartment building owned and
operated as a cooperative or a building that is a life care facility
that qualifies as a cooperative, the maximum reduction from the
equalized assessed value of the property is limited to the sum of the
reductions calculated for each unit occupied as a residence by a
person or persons 65 years of age or older with a household income of
$35,000 or less who is liable, by contract with the owner or owners
of record, for paying real property taxes on the property and who is
an owner of record of a legal or equitable interest in the
cooperative apartment building, other than a leasehold interest. In
the instance of a cooperative where a homestead exemption has been
granted under this Section, the cooperative association or its
management firm shall credit the savings resulting from that
exemption only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses to
credit that savings to an owner who qualifies for the exemption is
guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this Section
and an applicant then becomes a resident of a facility licensed under
the Nursing Home Care Act, the exemption shall be granted in
subsequent years so long as the residence (i) continues to be
occupied by the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who would have
qualified for an exemption under this Section, and the surviving
spouse does not independently qualify for this exemption because of
age, the exemption under this Section shall be granted to the
surviving spouse for the taxable year preceding and the taxable year
of the death, provided that, except for age, the surviving spouse
meets all other qualifications for the granting of this exemption for
those years.
When married persons maintain separate residences, the exemption
provided for in this Section may be claimed by only one of such
persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is located.
In counties having 3,000,000 or more inhabitants, for taxable year
1994 and all subsequent taxable years, to receive the exemption, a
person may submit an application to the Chief County Assessment
HOUSE OF REPRESENTATIVES 1339
Officer of the county in which the property is located during such
period as may be specified by the Chief County Assessment Officer.
The Chief County Assessment Officer in counties of 3,000,000 or more
inhabitants shall annually give notice of the application period by
mail or by publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter, to
receive the exemption, a person shall submit an application by July 1
of each taxable year to the Chief County Assessment Officer of the
county in which the property is located. A county may, by ordinance,
establish a date for submission of applications that is different
than July 1. The applicant shall submit with the application an
affidavit of the applicant's total household income, age, marital
status (and if married the name and address of the applicant's
spouse, if known), and principal dwelling place of members of the
household on January 1 of the taxable year. The Department shall
establish, by rule, a method for verifying the accuracy of affidavits
filed by applicants under this Section. The applications shall be
clearly marked as applications for the Senior Citizens Assessment
Freeze Homestead Exemption.
Notwithstanding any other provision to the contrary, in counties
having fewer than 3,000,000 inhabitants, if an applicant fails to
file the application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of filing
the application in a timely manner, the Chief County Assessment
Officer may extend the filing deadline for a period of 30 days after
the applicant regains the capability to file the application, but in
no case may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension provided
in this paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, that, in
the physician's opinion, the condition was so severe that it rendered
the applicant incapable of filing the application in a timely manner,
and the date on which the applicant regained the capability to file
the application.
Beginning January 1, 1998, notwithstanding any other provision to
the contrary, in counties having fewer than 3,000,000 inhabitants, if
an applicant fails to file the application required by this Section
in a timely manner and this failure to file is due to a mental or
physical condition sufficiently severe so as to render the applicant
incapable of filing the application in a timely manner, the Chief
County Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County Assessment
Officer with a signed statement from the applicant's physician
stating the nature and extent of the condition, and that, in the
physician's opinion, the condition was so severe that it rendered the
applicant incapable of filing the application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the denial
occurred due to an error on the part of an assessment official, or
his or her agent or employee, then beginning in taxable year 1997 the
applicant's base year, for purposes of determining the amount of the
exemption, shall be 1993 rather than 1994. In addition, in taxable
year 1997, the applicant's exemption shall also include an amount
equal to (i) the amount of any exemption denied to the applicant in
taxable year 1995 as a result of using 1994, rather than 1993, as the
base year, (ii) the amount of any exemption denied to the applicant
in taxable year 1996 as a result of using 1994, rather than 1993, as
the base year, and (iii) the amount of the exemption erroneously
1340 JOURNAL OF THE [March 17, 1999]
denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years of
age during the current taxable year shall be eligible to apply for
the homestead exemption during that taxable year. Application shall
be made during the application period in effect for the county of his
or her residence.
The Chief County Assessment Officer may determine the eligibility
of a life care facility that qualifies as a cooperative to receive
the benefits provided by this Section by use of an affidavit,
application, visual inspection, questionnaire, or other reasonable
method in order to insure that the tax savings resulting from the
exemption are credited by the management firm to the apportioned tax
liability of each qualifying resident. The Chief County Assessment
Officer may request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information received by
the chief county assessment officer or the Department from
applications filed under this Section, or from any investigation
conducted under the provisions of this Section, shall be
confidential, except for official purposes or pursuant to Section 2.5
of the Tax Collection Suit Act pursuant to official procedures for
collection of any State or local tax or enforcement of any civil or
criminal penalty or sanction imposed by this Act or by any statute or
ordinance imposing a State or local tax. Any person who divulges any
such information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the Director or
chief county assessment officer from publishing or making available
reasonable statistics concerning the operation of the exemption
contained in this Section in which the contents of claims are grouped
into aggregates in such a way that information contained in any
individual claim shall not be disclosed.
(d) Each Chief County Assessment Officer shall annually publish
a notice of availability of the exemption provided under this
Section. The notice shall be published at least 60 days but no more
than 75 days prior to the date on which the application must be
submitted to the Chief County Assessment Officer of the county in
which the property is located. The notice shall appear in a
newspaper of general circulation in the county.
(Source: P.A. 89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff.
1-1-97; 89-581, eff. 1-1-97; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97;
90-204, eff. 7-25-97; 90-523, eff. 11-13-97; 90-524, eff. 1-1-98;
90-531, eff. 1-1-98; 90-655, eff. 7-30-98.)
Section 145. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 6 as follows:
(35 ILCS 405/6) (from Ch. 120, par. 405A-6)
Sec. 6. Returns and payments.
(a) Due Dates. The Illinois transfer tax shall be paid and the
Illinois transfer tax return shall be filed on the due date or dates,
respectively, including extensions, for paying the related federal
transfer tax and filing the related federal return.
(b) Installment payments and deferral. In the event that any
portion of the federal transfer tax is deferred or to be paid in
installments under the provisions of the Internal Revenue Code, the
portion of the Illinois transfer tax which is subject to deferral or
payable in installments shall be determined by multiplying the
Illinois transfer tax by a fraction, the numerator of which is the
gross value of the assets included in the transferred property having
a tax situs in this State and which give rise to the deferred or
installment payment under the Internal Revenue Code, and the
denominator of which is the gross value of all assets included in the
HOUSE OF REPRESENTATIVES 1341
transferred property having a tax situs in this State. Deferred
payments and installment payments, with interest, shall be paid at
the same time and in the same manner as payments of the federal
transfer tax are required to be made under the applicable Sections of
the Internal Revenue Code, provided that the rate of interest on
unpaid amounts of Illinois transfer tax shall be determined under
this Act. Acceleration of payment under this Section shall occur
under the same circumstances and in the same manner as provided in
the Internal Revenue Code.
(c) Who shall file and pay. The Illinois transfer tax return
(including any supplemental or amended return) shall be filed, and
the Illinois transfer tax (including any additional tax that may
become due) shall be paid by the same person or persons,
respectively, who are required to pay the related federal transfer
tax and file the related federal return.
(d) Where to file return. The executed Illinois transfer tax
return shall be filed with the Attorney General. In addition, a copy
of the Illinois transfer tax return shall be filed with the county
treasurer to whom the Illinois transfer tax is paid, determined under
subsection (e) of this Section.
(e) Where to pay tax. The Illinois transfer tax shall be paid
to the treasurer of the county determined under the following rules:
(1) Illinois Estate Tax. The Illinois estate tax shall be
paid to the treasurer of the county in which the decedent was a
resident on the date of the decedent's death or, if the decedent
was not a resident of this State on the date of death, the county
in which the greater part, by gross value, of the transferred
property with a tax situs in this State is located.
(2) Illinois Generation-Skipping Transfer Tax. The
Illinois generation-skipping transfer tax involving transferred
property from or in a resident trust shall be paid to the county
treasurer for the county in which the grantor resided at the time
the trust became irrevocable (in the case of an inter vivos
trust) or the county in which the decedent resided at death (in
the case of a trust created by the will of a decedent). In the
case of an Illinois generation-skipping transfer tax involving
transferred property from or in a non-resident trust, the
Illinois generation-skipping transfer tax shall be paid to the
county treasurer for the county in which the greater part, by
gross value, of the transferred property with a tax situs in this
State is located.
(f) Forms; confidentiality. The Illinois transfer tax return
shall be in all respects in the manner and form prescribed by the
regulations of the Attorney General. At the same time the Illinois
transfer tax return is filed, the person required to file shall also
file with the Attorney General a copy of the related federal return.
The Illinois transfer tax return and the copy of the federal return
filed with the Attorney General or any county treasurer shall be
confidential, and the Attorney General, each county treasurer and all
of their assistants or employees are prohibited from divulging in any
manner any of the contents of those returns, except only in a
proceeding instituted under the provisions of this Act or pursuant to
Section 2.5 of the Tax Collection Suit Act.
(g) County Treasurer shall accept payment. No county treasurer
shall refuse to accept payment of any amount due under this Act on
the grounds that the county treasurer has not yet received a copy of
the appropriate Illinois transfer tax return.
(Source: P.A. 86-737.)
Section 150. The Messages Tax Act is amended by changing Section
11 as follows:
(35 ILCS 610/11) (from Ch. 120, par. 467.11)
1342 JOURNAL OF THE [March 17, 1999]
Sec. 11. All information received by the Department from returns
filed under this Act, or from any investigations conducted under this
Act, shall be confidential, except for official purposes or pursuant
to Section 2.5 of the Tax Collection Suit Act, and any person who
divulges any such information in any manner, except in accordance
with a proper judicial order or as otherwise provided by law, shall
be guilty of a Class B misdemeanor.
Provided, that nothing contained in this Act shall prevent the
Director from publishing or making available to the public the names
and addresses of taxpayers filing returns under this Act, or from
publishing or making available reasonable statistics concerning the
operation of the tax wherein the contents of returns are grouped into
aggregates in such a way that the information contained in any
individual return shall not be disclosed.
And provided, that nothing contained in this Act shall prevent
the Director from making available to the United States Government or
any officer or agency thereof, for exclusively official purposes,
information received by the Department in the administration of this
Act.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 155. The Gas Revenue Tax Act is amended by changing
HOUSE OF REPRESENTATIVES 1343
Section 11 as follows:
(35 ILCS 615/11) (from Ch. 120, par. 467.26)
Sec. 11. All information received by the Department from returns
filed under this Act, or from any investigations conducted under this
Act, shall be confidential, except for official purposes or pursuant
to Section 2.5 of the Tax Collection Suit Act, and any person who
divulges any such information in any manner, except in accordance
with a proper judicial order or as otherwise provided by law, shall
be guilty of a Class B misdemeanor.
Provided, that nothing contained in this Act shall prevent the
Director from publishing or making available to the public the names
and addresses of taxpayers filing returns under this Act, or from
publishing or making available reasonable statistics concerning the
operation of the tax wherein the contents of returns are grouped into
aggregates in such a way that the information contained in any
individual return shall not be disclosed.
And provided, that nothing contained in this Act shall prevent
the Director from making available to the United States Government or
any officer or agency thereof, for exclusively official purposes,
information received by the Department in the administration of this
Act.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
1344 JOURNAL OF THE [March 17, 1999]
(Source: P.A. 90-491, eff. 1-1-98.)
Section 160. The Public Utilities Revenue Act is amended by
changing Section 11 as follows:
(35 ILCS 620/11) (from Ch. 120, par. 478)
Sec. 11. All information received by the Department from returns
filed under this Act, or from any investigations conducted under this
Act, shall be confidential, except for official purposes or pursuant
to Section 2.5 of the Tax Collection Suit Act, and any person who
divulges any such information in any manner, except in accordance
with a proper judicial order or as otherwise provided by law, shall
be guilty of a Class B misdemeanor.
Provided, that nothing contained in this Act shall prevent the
Director from publishing or making available to the public the names
and addresses of taxpayers filing returns under this Act, or from
publishing or making available reasonable statistics concerning the
operation of the tax wherein the contents of returns are grouped into
aggregates in such a way that the information contained in any
individual return shall not be disclosed.
And provided, that nothing contained in this Act shall prevent
the Director from making available to the United States Government or
any officer or agency thereof, for exclusively official purposes,
information received by the Department in the administration of this
Act.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
HOUSE OF REPRESENTATIVES 1345
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 165. The Water Company Invested Capital Tax Act is
amended by changing Section 11 as follows:
(35 ILCS 625/11) (from Ch. 120, par. 1421)
Sec. 11. All information received by the Department from returns
filed under this Act, or from any investigations conducted under this
Act, shall be confidential, except for official purposes or pursuant
to Section 2.5 of the Tax Collection Suit Act, and any person who
divulges any such information in any manner, except in accordance
with a proper judicial order or as otherwise provided by law, shall
be guilty of a Class B misdemeanor.
Nothing contained in this Act shall prevent the Director from
publishing or making available to the public the names and addresses
of taxpayers filing returns under this Act, or from publishing or
making available reasonable statistics concerning the operation of
the tax wherein the contents of returns are grouped into aggregates
in such a way that the information contained in any individual return
shall not be disclosed.
Nothing contained in this Act shall prevent the Director from
making available to the United States Government or any officer or
agency thereof, for exclusively official purposes, information
received by the Department in the administration of this Act.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Act is deemed to be an official purpose
within the meaning of this Section.
The Director may make available to any State agency, including
the Illinois Supreme Court, which licenses persons to engage in any
occupation, information that a person licensed by such agency has
failed to file returns under this Act or pay the tax, penalty and
interest shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is final
when all proceedings in court for review of such assessment have
terminated or the time for the taking thereof has expired without
such proceedings being instituted.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 170. The Telecommunications Excise Tax Act is amended by
changing Section 15 as follows:
(35 ILCS 630/15) (from Ch. 120, par. 2015)
Sec. 15. Confidential information. All information received by
the Department from returns filed under this Article, or from any
investigations conducted under this Article, shall be confidential,
except for official purposes or pursuant to Section 2.5 of the Tax
Collection Suit Act, and any person who divulges any such information
in any manner, except in accordance with a proper judicial order or
as otherwise provided by law, shall be guilty of a Class B
misdemeanor.
Provided, that nothing contained in this Article shall prevent
the Director from publishing or making available to the public the
names and addresses of retailers or taxpayers filing returns under
this Article, or from publishing or making available reasonable
statistics concerning the operation of the tax wherein the contents
of returns are grouped into aggregates in such a way that the
information contained in any individual return shall not be
disclosed.
1346 JOURNAL OF THE [March 17, 1999]
And provided, that nothing contained in this Article shall
prevent the Director from making available to the United States
Government or the government of any other state, or any officer or
agency thereof, for exclusively official purposes, information
received by the Department in the administration of this Article, if
such other governmental agency agrees to divulge requested tax
information to the Department.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and information
related thereto under this Article is deemed to be an official
purpose within the meaning of this Section.
The Director shall make available for public inspection in the
Department's principal office and for publication, at cost,
administrative decisions issued on or after January 1, 1995. These
decisions are to be made available in a manner so that the following
taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers of the
taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade secrets
or other confidential information identified as such by the
taxpayer, no later than 30 days after receipt of an
administrative decision, by such means as the Department shall
provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer does
not submit deletions, the Director shall make only the deletions
specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after the
issuance of the administrative decision. The term "administrative
decision" has the same meaning as defined in Section 3-101 of Article
III of the Code of Civil Procedure. Costs collected under this
Section shall be paid into the Tax Compliance and Administration
Fund.
Nothing contained in this Act shall prevent the Director from
divulging information to any person pursuant to a request or
authorization made by the taxpayer or by an authorized representative
of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 175. The Tax Collection Suit Act is amended by adding
Section 2.5 as follows:
(35 ILCS 705/2.5 new)
Sec. 2.5. Collection efforts of the Department. In addition to
any methods to collect delinquent taxes that are authorized by the
Illinois Income Tax Act, the Department may contract with private
collection entities, make public any personal information gathered by
the Department, or implement other methods of collection deemed
necessary by the Department.
Before personal information is made public, the Department shall
give a 30-day written notice by certified mail, return receipt
requested, to the delinquent party's last known address. If the
delinquent party pays the delinquency or makes arrangements with the
Department to pay the delinquency, then the Department shall keep the
personal information confidential.
Section 180. The Illinois Public Aid Code is amended by adding
Section 10-10.4 as follows:
(305 ILCS 5/10-10.4 new)
Sec. 10-10.4. Tracking income and assets of obligors.
(a) A transfer made by an obligor is fraudulent as to an obligee
if the obligor made the transfer:
(1) with actual intent to hinder, delay, or defraud any
HOUSE OF REPRESENTATIVES 1347
obligee of the obligor; or
(2) without receiving a reasonably equivalent value in
exchange for the transfer.
(b) In determining actual intent under paragraph (1) of
subsection (a), consideration may be given, among other factors, to
whether:
(1) the transfer was to an insider;
(2) the obligor retained possession or control of the
property transferred after the transfer;
(3) the transfer was disclosed or concealed;
(4) before the transfer was made, the obligor had been sued
or threatened with suit;
(5) the transfer was of substantially all the obligor's
assets;
(6) the obligor absconded;
(7) the obligor removed or concealed assets;
(8) the value of the consideration received by the obligor
was reasonably equivalent to the value of the asset transferred;
(9) the obligor was insolvent or became insolvent shortly
after the transfer was made;
(10) the transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) the obligor transferred the essential assets of a
business to a lienor who transferred the assets to an insider of
the obligor.
(c) In an action for relief against a transfer by a child
support obligor under this Act, the State's Attorney, on behalf of a
child support obligee, may obtain:
(1) avoidance of the transfer to the extent necessary to
satisfy the obligee's claim;
(2) an attachment or other provisional remedy against the
asset transferred or other property of the transferee in
accordance with the procedure prescribed by the Code of Civil
Procedure;
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by the
obligor or a transferee, or both, of the asset transferred
or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(d) If an obligee has obtained a judgment on a claim against the
obligor, the State's Attorney, if the court so orders, may levy
execution on the asset transferred or its proceeds.
Section 185. The Illinois Marriage and Dissolution of Marriage
Act is amended by adding Sections 505.3, 714, and 715 as follows:
(750 ILCS 5/505.3 new)
Sec. 505.3. Tracking income and assets of obligors.
(a) A transfer made by an obligor is fraudulent as to an obligee
if the obligor made the transfer:
(1) with actual intent to hinder, delay, or defraud any
obligee of the obligor; or
(2) without receiving a reasonably equivalent value in
exchange for the transfer.
(b) In determining actual intent under paragraph (1) of
subsection (a), consideration may be given, among other factors, to
whether:
(1) the transfer was to an insider;
(2) the obligor retained possession or control of the
property transferred after the transfer;
1348 JOURNAL OF THE [March 17, 1999]
(3) the transfer was disclosed or concealed;
(4) before the transfer was made, the obligor had been sued
or threatened with suit;
(5) the transfer was of substantially all the obligor's
assets;
(6) the obligor absconded;
(7) the obligor removed or concealed assets;
(8) the value of the consideration received by the obligor
was reasonably equivalent to the value of the asset transferred;
(9) the obligor was insolvent or became insolvent shortly
after the transfer was made;
(10) the transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) the obligor transferred the essential assets of a
business to a lienor who transferred the assets to an insider of
the obligor.
(c) In an action for relief against a transfer by a child
support obligor under this Act, the State's Attorney, on behalf of a
child support obligee, may obtain:
(1) avoidance of the transfer to the extent necessary to
satisfy the obligee's claim;
(2) an attachment or other provisional remedy against the
asset transferred or other property of the transferee in
accordance with the procedure prescribed by the Code of Civil
Procedure;
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by the
obligor or a transferee, or both, of the asset transferred
or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(d) If an obligee has obtained a judgment on a claim against the
obligor, the State's Attorney, if the court so orders, may levy
execution on the asset transferred or its proceeds.
(750 ILCS 5/714 new)
Sec. 714. Willful default on support; penalties. A person who
willfully defaults on an order for child support issued by an
Illinois court or authorized administrative proceeding may be subject
to summary criminal contempt proceedings.
In addition to other remedies provided by law regarding the
suspension of professional and occupational licenses, recreational
licenses, and driver's licenses, the State licensing agency shall
have the authority to withhold or suspend, or to restrict the use of
driver's licenses, professional and occupational licenses or
certificates, and recreational licenses of individuals owing overdue
support or failing, after receiving appropriate notice, to comply
with subpoenas or warrants relating to paternity or child support
proceedings. The suspension shall remain in effect until all defaults
on an order for child support are satisfied.
This Section applies to an order for child support issued under
the Illinois Public Aid Code, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 1984, the Revised
Uniform Reciprocal Enforcement of Support Act, and the Uniform
Interstate Family Support Act.
(750 ILCS 5/715 new)
Sec. 715. Information to locate support obligors and putative
fathers. The Illinois Department of Public Aid's Child and Spouse
Support Unit, the State's Attorney, or any other appropriate State
official may request and shall receive from employers, labor unions,
HOUSE OF REPRESENTATIVES 1349
telephone companies, and utility companies location information
concerning putative fathers and noncustodial parents for the purpose
of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this Section, "location
information" means information about (i) the physical whereabouts of
a putative father or noncustodial parent, (ii) the putative father or
noncustodial parent's employer, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the
putative father or noncustodial parent by an employer or by a labor
union of which the putative father or noncustodial parent is a
member.
Section 190. The Non-Support of Spouse and Children Act is
amended by adding Section 12.2 as follows:
(750 ILCS 15/12.2 new)
Sec. 12.2. Tracking income and assets of obligors.
(a) A transfer made by an obligor is fraudulent as to an obligee
if the obligor made the transfer:
(1) with actual intent to hinder, delay, or defraud any
obligee of the obligor; or
(2) without receiving a reasonably equivalent value in
exchange for the transfer.
(b) In determining actual intent under paragraph (1) of
subsection (a), consideration may be given, among other factors, to
whether:
(1) the transfer was to an insider;
(2) the obligor retained possession or control of the
property transferred after the transfer;
(3) the transfer was disclosed or concealed;
(4) before the transfer was made, the obligor had been sued
or threatened with suit;
(5) the transfer was of substantially all the obligor's
assets;
(6) the obligor absconded;
(7) the obligor removed or concealed assets;
(8) the value of the consideration received by the obligor
was reasonably equivalent to the value of the asset transferred;
(9) the obligor was insolvent or became insolvent shortly
after the transfer was made;
(10) the transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) the obligor transferred the essential assets of a
business to a lienor who transferred the assets to an insider of
the obligor.
(c) In an action for relief against a transfer by a child
support obligor under this Act, the State's Attorney, on behalf of a
child support obligee, may obtain:
(1) avoidance of the transfer to the extent necessary to
satisfy the obligee's claim;
(2) an attachment or other provisional remedy against the
asset transferred or other property of the transferee in
accordance with the procedure prescribed by the Code of Civil
Procedure;
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by the
obligor or a transferee, or both, of the asset transferred
or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(d) If an obligee has obtained a judgment on a claim against the
1350 JOURNAL OF THE [March 17, 1999]
obligor, the State's Attorney, if the court so orders, may levy
execution on the asset transferred or its proceeds.
Section 195. The Revised Uniform Reciprocal Enforcement of
Support Act is amended by adding Section 24.2 as follows:
(750 ILCS 20/24.2 new)
Sec. 24.2. Tracking income and assets of obligors.
(a) A transfer made by an obligor is fraudulent as to an obligee
if the obligor made the transfer:
(1) with actual intent to hinder, delay, or defraud any
obligee of the obligor; or
(2) without receiving a reasonably equivalent value in
exchange for the transfer.
(b) In determining actual intent under paragraph (1) of
subsection (a), consideration may be given, among other factors, to
whether:
(1) the transfer was to an insider;
(2) the obligor retained possession or control of the
property transferred after the transfer;
(3) the transfer was disclosed or concealed;
(4) before the transfer was made, the obligor had been sued
or threatened with suit;
(5) the transfer was of substantially all the obligor's
assets;
(6) the obligor absconded;
(7) the obligor removed or concealed assets;
(8) the value of the consideration received by the obligor
was reasonably equivalent to the value of the asset transferred;
(9) the obligor was insolvent or became insolvent shortly
after the transfer was made;
(10) the transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) the obligor transferred the essential assets of a
business to a lienor who transferred the assets to an insider of
the obligor.
(c) In an action for relief against a transfer by a child
support obligor under this Act, the State's Attorney, on behalf of a
child support obligee, may obtain:
(1) avoidance of the transfer to the extent necessary to
satisfy the obligee's claim;
(2) an attachment or other provisional remedy against the
asset transferred or other property of the transferee in
accordance with the procedure prescribed by the Code of Civil
Procedure;
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by the
obligor or a transferee, or both, of the asset transferred
or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(d) If an obligee has obtained a judgment on a claim against the
obligor, the State's Attorney, if the court so orders, may levy
execution on the asset transferred or its proceeds.
Section 200. The Uniform Interstate Family Support Act is
amended by changing Section 318 as follows:
(750 ILCS 22/318)
Sec. 318. Assistance with discovery. A tribunal of this State
may:
(1) request a tribunal of another state to assist in obtaining
discovery; and
HOUSE OF REPRESENTATIVES 1351
(2) upon request, compel a person over whom it has jurisdiction
to respond to a discovery order issued by a tribunal of another
state;.
(3) upon request by a tribunal of another state, issue a
subpoena or a subpoena duces tecum (in the case of a tribunal
authorized to issue subpoenas) or direct the clerk of the circuit
court to issue a subpoena or a subpoena duces tecum (in the case of
the circuit court) requiring a person in this State to appear at a
deposition or before a tribunal and answer questions or produce
documents or other tangible things for the purpose of obtaining
information regarding the person's assets, income, and ability to pay
a support order or judgment entered in the other state; and
(4) request a tribunal of another state to issue or cause to be
issued a subpoena or a subpoena duces tecum requiring a person in
the other state to appear at a deposition or before a tribunal in
that state and answer questions or produce documents or other
tangible things for the purpose of obtaining information regarding
the person's assets, income, and ability to pay a support order or
judgment entered in this State.
The clerk of the circuit court shall issue a subpoena or a
subpoena duces tecum when directed to do so by the circuit court in
accordance with this Section.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 by P.A.
88-691.)
Section 205. The Illinois Parentage Act of 1984 is amended by
adding Section 15.3 as follows:
(750 ILCS 45/15.3 new)
Sec. 15.3. Tracking income and assets of obligors.
(a) A transfer made by an obligor is fraudulent as to an obligee
if the obligor made the transfer:
(1) with actual intent to hinder, delay, or defraud any
obligee of the obligor; or
(2) without receiving a reasonably equivalent value in
exchange for the transfer.
(b) In determining actual intent under paragraph (1) of
subsection (a), consideration may be given, among other factors, to
whether:
(1) the transfer was to an insider;
(2) the obligor retained possession or control of the
property transferred after the transfer;
(3) the transfer was disclosed or concealed;
(4) before the transfer was made, the obligor had been sued
or threatened with suit;
(5) the transfer was of substantially all the obligor's
assets;
(6) the obligor absconded;
(7) the obligor removed or concealed assets;
(8) the value of the consideration received by the obligor
was reasonably equivalent to the value of the asset transferred;
(9) the obligor was insolvent or became insolvent shortly
after the transfer was made;
(10) the transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) the obligor transferred the essential assets of a
business to a lienor who transferred the assets to an insider of
the obligor.
(c) In an action for relief against a transfer by a child
support obligor under this Act, the State's Attorney, on behalf of a
child support obligee, may obtain:
(1) avoidance of the transfer to the extent necessary to
satisfy the obligee's claim;
1352 JOURNAL OF THE [March 17, 1999]
(2) an attachment or other provisional remedy against the
asset transferred or other property of the transferee in
accordance with the procedure prescribed by the Code of Civil
Procedure;
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by the
obligor or a transferee, or both, of the asset transferred
or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(d) If an obligee has obtained a judgment on a claim against the
obligor, the State's Attorney, if the court so orders, may levy
execution on the asset transferred or its proceeds.
Section 999. Effective date. This Act takes effect upon
becoming law.".
AMENDMENT NO. 2 TO HOUSE BILL 1434
AMENDMENT NO. 2. Amend House Bill 1434, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
1, line 14, by replacing "Act." with "Act, except that "State
agencies" does not include the Department of Revenue."; and
on page 4, below line 1, by inserting the following:
"Section 103. The Illinois Department of Revenue Sunshine Act is
amended by adding Section 2.4 as follows:
(20 ILCS 2515/2.4 new)
Sec. 2.4. Public list of delinquent State taxes.
(a) The Director may annually disclose a list of all taxpayers,
including but not limited to individuals, trusts, partnerships,
corporations, and other taxable entities, that are delinquent in the
payment of tax liabilities collected by the Department. The list
shall include only those taxpayers with total final liabilities for
all taxes collected by the Department (including penalties and
interest) in an amount greater than $10,000 (or such greater amount
as established by the Department by rule) for a period of 6 months
(or such longer period as established by the Department by rule) from
the time that the taxes were assessed or became final, as provided in
the statute imposing the tax. The list shall contain the name,
address, types of taxes, month and year in which each tax liability
was assessed or became final, the amount of each tax outstanding of
each delinquent taxpayer, and, in the case of a corporate taxpayer,
the name of the current president of record of the corporation.
(b) At least 90 days before the disclosure of the name of any
delinquent taxpayer prescribed in subsection (a), the Director shall
mail a written notice to each delinquent taxpayer by certified mail
addressed to the delinquent taxpayer at his or her last or usual
place of business or abode detailing the amount and nature of the
delinquency and the intended disclosure of the delinquency. If the
delinquent tax has not been paid 60 days after the notice was
delivered or the Department has been notified that delivery was
refused or unclaimed, and the taxpayer has not, since the mailing of
the notice, either entered into a written agreement with the
Department for payment of the delinquency or corrected a default in
an existing agreement to the satisfaction of the Director, the
Director may disclose the tax in the list of delinquent taxpayers.
(c) Unpaid taxes shall not be deemed to be delinquent and
subject to disclosure if (i) a written agreement for payment exists
without default between the taxpayer and the Department or (ii) the
tax liability is the subject of an administrative hearing,
HOUSE OF REPRESENTATIVES 1353
administrative review, or judicial review.
(d) The list shall be available for public inspection at the
Department or by other means of publication, including the Internet.
(e) The Department shall prescribe reasonable rules for the
administration and implementation of this Section.
(f) Any disclosure made by the Director in a good faith effort to
comply with this Section shall not be considered a violation of any
statute prohibiting disclosure of taxpayer information."; and
by deleting all of pages 15 through 45; and
on page 46, by deleting lines 1 through 21.
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 886. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Coulson offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 886
AMENDMENT NO. 1. Amend House Bill 886, by deleting lines 4
through 20; and
on page 1, line 26, by changing "A" to "Testimony given in a"; and
on page 2, by inserting below line 11 the following:
"(c) Nothing in this Section shall be construed as affecting the
utilization of evidence depositions as provided in Supreme Court Rule
212(b).".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Pugh, HOUSE
BILL 2086 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 440. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Giglio offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 440
AMENDMENT NO. 1. Amend House Bill 440 as follows:
1354 JOURNAL OF THE [March 17, 1999]
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT concerning pupils, amending named Acts."; and
on page 1, line 18, after the period, by inserting "Any person having
custody or control of the child may not circumvent this attendance
requirement, after having been given notice by a truant officer that
the child must be present at school, by removing the child from
enrollment in the school district."; and
on page 3, immediately below line 17, by inserting the following:
"Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 3-33 as follows:
(705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
Sec. 3-33. Truant Minor in Need of Supervision.
(a) Definition. A minor who is reported by a regional
superintendent of schools, or in cities of over 500,000 inhabitants,
by the Office of Chronic Truant Adjudication, as a chronic truant
shall be adjudged a truant minor in need of supervision.
(a-1) There is a rebuttable presumption that a chronic truant is
a truant minor in need of supervision.
(a-2) There is a rebuttable presumption that school records of a
minor's attendance at school are authentic.
(a-3) For purposes of this Section, "chronic truant" has the
meaning ascribed to it in Section 26-2a of the School Code. However,
a minor below the compulsory school age and enrolled in kindergarten
or first grade shall not be adjudged a truant minor in need of
supervision.
(b) Kinds of dispositional orders. A minor found to be a truant
minor in need of supervision may be:
(1) committed to the appropriate regional superintendent
of schools for a multi-disciplinary case staffing, individualized
educational plan or service plan, or referral to comprehensive
community-based youth services;
(2) required to comply with an individualized educational
plan or service plan as specifically provided by the appropriate
regional superintendent of schools;
(3) ordered to obtain counseling or other supportive
services;
(4) subject to a fine in an amount in excess of $5, but not
exceeding $100, and each day of absence without valid cause as
defined in Section 26-2a of The School Code is a separate
offense;
(5) required to perform some reasonable public service work
such as, but not limited to, the picking up of litter in public
parks or along public highways or the maintenance of public
facilities; or
(6) subject to having his or her driver's license or
driving privilege suspended for a period of time as determined by
the court but only until he or she attains 18 years of age.
A dispositional order may include a fine, public service, or
suspension of a driver's license or privilege only if the court has
made an express written finding that a truancy prevention program has
been offered by the school, regional superintendent of schools, or a
community social service agency to the truant minor in need of
supervision.
(c) Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; 90-590,
eff. 1-1-99; 90-655, eff. 7-30-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
HOUSE OF REPRESENTATIVES 1355
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1774. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Bellock offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1774
AMENDMENT NO. 1. Amend House Bill 1774 as follows:
by replacing the title with the following:
"AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Sections 505 and 713."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Sections 505 and 713 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a proceeding for
child support following dissolution of the marriage by a court which
lacked personal jurisdiction over the absent spouse, a proceeding for
modification of a previous order for child support under Section 510
of this Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a duty of
support to a child of the marriage to pay an amount reasonable and
necessary for his support, without regard to marital misconduct. The
duty of support owed to a minor child includes the obligation to
provide for the reasonable and necessary physical, mental and
emotional health needs of the child.
(1) The Court shall determine the minimum amount of support
by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court makes a finding that application of the
guidelines would be inappropriate, after considering the best
interests of the child in light of evidence including but not
limited to one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial
parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child,
and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have been
required under the guidelines, if determinable. The court shall
1356 JOURNAL OF THE [March 17, 1999]
include the reason or reasons for the variance from the
guidelines.
(3) "Net income" is defined as the total of all income from
all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated withholding
or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law
or as a condition of employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization
insurance premiums;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that represent
reasonable and necessary expenses for the production of
income, medical expenditures necessary to preserve life or
health, reasonable expenditures for the benefit of the child
and the other parent, exclusive of gifts. The court shall
reduce net income in determining the minimum amount of
support to be ordered only for the period that such payments
are due and shall enter an order containing provisions for
its self-executing modification upon termination of such
payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to Section
505.2 of this Act, the premiums for that insurance, or that
portion of the premiums for which the supporting party is
responsible in the case of insurance provided through an
employer's health insurance plan where the employer pays a
portion of the premiums, shall be subtracted from net income in
determining the minimum amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court is
requiring payment of support for the period before the date an
order for current support is entered, there is a rebuttable
presumption that the supporting party's net income for the prior
period was the same as his or her net income at the time the
order for current support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support in an
amount considered reasonable in the particular case. The final
order in all cases shall state the support level in dollar
amounts.
(a-5) In an action to enforce an order for support based on the
respondent's failure to make support payments as required by the
order, notice of proceedings to hold the respondent in contempt for
that failure may be served on the respondent by personal service or
by regular mail addressed to the respondent's last known address.
The respondent's last known address may be determined from records of
the clerk of the court, from the Federal Case Registry of Child
Support Orders, or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may, after
finding the parent guilty of contempt, order that the parent be:
(1) placed on probation with such conditions of probation
as the Court deems advisable;
HOUSE OF REPRESENTATIVES 1357
(2) sentenced to periodic imprisonment for a period not to
exceed 6 months; provided, however, that the Court may permit the
parent to be released for periods of time during the day or night
to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings of a
parent during a sentence of periodic imprisonment paid to the Clerk
of the Circuit Court or to the parent having custody or to the
guardian having custody of the minor children of the sentenced parent
for the support of said minor children until further order of the
Court.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent and
another person or persons or business entity, the court may pierce
the ownership veil of the person, persons, or business entity to
discover assets of the non-custodial parent held in the name of that
person, those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order discovery
of the assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on the
judgment for support:
(1) the non-custodial parent and the person, persons, or
business entity maintain records together.
(2) the non-custodial parent and the person, persons, or
business entity fail to maintain an arms length relationship
between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to perpetrate
a fraud on the custodial parent.
With respect to assets which are real property, no order entered
under this paragraph shall affect the rights of bona fide purchasers,
mortgagees, judgment creditors, or other lien holders who acquire
their interests in the property prior to the time a notice of lis
pendens pursuant to the Code of Civil Procedure or a copy of the
order is placed of record in the office of the recorder of deeds for
the county in which the real property is located.
The court may also order in cases where the parent is 90 days or
more delinquent in payment of support or has been adjudicated in
arrears in an amount equal to 90 days obligation or more, that the
parent's Illinois driving privileges be suspended until the court
determines that the parent is in compliance with the order of
support. The court may also order that the parent be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the parent or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if ordered by
the court, subject to the provisions of Section 7-702.1 of the
Illinois Vehicle Code, issue a family financial responsibility
driving permit to the parent.
In addition to the penalties or punishment that may be imposed
under this Section, any person whose conduct constitutes a violation
of Section 1 of the Non-Support of Spouse and Children Act may be
prosecuted under that Section, and a person convicted under that
Section may be sentenced in accordance with that Section. The
1358 JOURNAL OF THE [March 17, 1999]
sentence may include but need not be limited to a requirement that
the person perform community service under subsection (b) of that
Section or participate in a work alternative program under subsection
(c) of that Section. A person may not be required to participate in
a work alternative program under subsection (c) of that Section if
the person is currently participating in a work program pursuant to
Section 505.1 of this Act.
(c) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois
Public Aid Code and shall be enforced by the court upon petition.
(d) Any new or existing support order entered by the court under
this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. A lien arises by operation of law against the real
and personal property of the noncustodial parent for each installment
of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of the
court in a county of 1,000,000 inhabitants or less, the order shall
direct the obligor to pay to the clerk, in addition to the child
support payments, all fees imposed by the county board under
paragraph (3) of subsection (u) of Section 27.1 of the Clerks of
Courts Act. Unless paid in cash or pursuant to an order for
withholding, the payment of the fee shall be by a separate instrument
from the support payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court and, in
cases in which a party is receiving child and spouse services under
Article X of the Illinois Public Aid Code, the Illinois Department of
Public Aid, within 7 days, (i) of the name and address of any new
employer of the obligor, (ii) whether the obligor has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or provision
of notice necessary in the case may be made at the last known address
of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the
clerk of court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
HOUSE OF REPRESENTATIVES 1359
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental,
or emotional health of a party or that of a minor child, or both,
would be seriously endangered by disclosure of the party's address.
(Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96; 89-626, eff.
8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-733, eff. 8-11-98.)
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.
(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and
after due notice thereof, the court may enter an order for the
attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor by any means authorized under
subsection (a-5) of Section 505 either (1) by prepaid certified mail
with delivery restricted to the obligor, or (2) by personal service
on the obligor. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due and
owing. The attachment order shall direct the Sheriff of any county
in Illinois to take the obligor into custody and shall set the number
of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (c)
of this Section.
(b) If the obligor is taken into custody, the Sheriff shall take
the obligor before the court which entered the attachment order.
However, the Sheriff may release the person after he or she has
deposited the amount of escrow ordered by the court pursuant to local
procedures for the posting of bond. The Sheriff shall advise the
obligor of the hearing date at which the obligor is required to
appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in which
the order for attachment of the body of the obligor was entered. Any
Clerk who receives money deposited into escrow pursuant to this
Section shall notify the obligee, public office or legal counsel
whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into
escrow. The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order pursuant to
this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that gave
rise to the attachment order. For purposes of determining
arrearages that are due and owing by the obligor, the court shall
accept the previous sworn testimony of the obligee as true and
the appearance of the obligee shall not be required. The court
shall require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank accounts,
1360 JOURNAL OF THE [March 17, 1999]
property and any other assets. If there is a dispute as to the
total amount of arrearages, the court shall proceed as in any
other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to the
obligee or public office money held in escrow pursuant to this
Section if the court finds that the amount of arrearages exceeds
the amount of the escrow. Amounts received by the obligee or
public office shall be deducted from the amount of the
arrearages.
(e) If the obligor fails to appear in court after being notified
of the court date by the Sheriff upon release from custody, the court
shall order any monies deposited into escrow to be immediately
released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the
attachment of the body of the obligor.
(f) This Section shall apply to any order for support issued
under the "Illinois Marriage and Dissolution of Marriage Act",
approved September 22, 1977, as amended; the "Illinois Parentage Act
of 1984", effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28, 1969, as
amended; "The Illinois Public Aid Code", approved April 11, 1967, as
amended; and the "Non-support of Spouse and Children Act", approved
June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees collected
by the Clerk of the Circuit Court for any other escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 604. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Hoffman offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 604
AMENDMENT NO. 1. Amend House Bill 604 is amended by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Sections 5-101, 5-102, 7-202, 7-317, and 7-601 as follows:
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise, new vehicles of
any make, or act as an intermediary or agent or broker for any
licensed dealer or vehicle purchaser other than as a salesperson, or
represent or advertise that he is so engaged or intends to so engage
in such business unless licensed to do so in writing by the Secretary
of State under the provisions of this Section.
(b) An application for a new vehicle dealer's license shall be
filed with the Secretary of State, duly verified by oath, on such
HOUSE OF REPRESENTATIVES 1361
form as the Secretary of State may by rule or regulation prescribe
and shall contain:
1. The name and type of business organization of the
applicant and his established and additional places of business,
if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent or
greater ownership interest in the corporation, setting forth the
residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, a
trust, or any similar form of business organization, the name and
residence address of the proprietor or of each partner, member,
officer, director, trustee, or manager.
3. The make or makes of new vehicles which the applicant
will offer for sale at retail in this State.
4. The name of each manufacturer or franchised distributor,
if any, of new vehicles with whom the applicant has contracted
for the sale of such new vehicles. As evidence of this fact, the
application shall be accompanied by a signed statement from each
such manufacturer or franchised distributor. If the applicant is
in the business of offering for sale new conversion vehicles,
trucks or vans, except for trucks modified to serve a special
purpose which includes but is not limited to the following
vehicles: street sweepers, fertilizer spreaders, emergency
vehicles, implements of husbandry or maintenance type vehicles,
he must furnish evidence of a sales and service agreement from
both the chassis manufacturer and second stage manufacturer.
5. A statement that the applicant has been approved for
registration under the Retailers' Occupation Tax Act by the
Department of Revenue: Provided that this requirement does not
apply to a dealer who is already licensed hereunder with the
Secretary of State, and who is merely applying for a renewal of
his license. As evidence of this fact, the application shall be
accompanied by a certification from the Department of Revenue
showing that that Department has approved the applicant for
registration under the Retailers' Occupation Tax Act.
6. A statement that the applicant has complied with the
appropriate liability insurance requirement. A Certificate of
Insurance in a solvent company authorized to do business in the
State of Illinois shall be included with each application
covering each location at which he proposes to act as a new
vehicle dealer. The policy must provide liability coverage for
the new vehicle dealer in the minimum amounts of $100,000 for
bodily injury to, or death of, any person, $300,000 for bodily
injury to, or death of, two or more persons in any one accident,
and $50,000 for damage to property. Such policy shall expire not
sooner than December 31 of the year for which the license was
issued or renewed.
The liability insurance policy must provide automobile
liability coverage in the minimum amounts of $100,000 for bodily
injury to, or death of, any person, $300,000 for bodily injury
to, or death of, two or more persons in any one accident, and
$50,000 for damage to property for any permitted user of the new
vehicle dealer's auto if the permitted user has no automobile
liability insurance of his or her own. The liability insurance
policy must provide automobile liability coverage in the minimum
amounts of $100,000 for bodily injury to, or death of, any
person, $300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to property
for any permitted user of the new vehicle dealer's auto if the
permitted user has automobile liability insurance of his or her
1362 JOURNAL OF THE [March 17, 1999]
own but such insurance is less than the minimum limits of
subsection (a) of Section 7-601 and subsection (b) of Section
7-317. If the permitted user of the new vehicle dealer's auto
has insurance of his own conforming with or exceeding the minimum
limits of subsection (a) of Section 7-601 and subsection (b) of
Section 7-317, the new vehicle dealer's insurance does not
provide any insurance for the permitted user.
The expiration of the insurance policy shall not terminate the
liability under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are exempt from
this requirement.
7. (A) An application for a new motor vehicle dealer's
license shall be accompanied by the following license fees:
$100 for applicant's established place of business, and
$50 for each additional place of business, if any, to which
the application pertains; but if the application is made
after June 15 of any year, the license fee shall be $50 for
applicant's established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable only
in the event that the application is denied by the Secretary
of State. All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(B) An application for a new vehicle dealer's license,
other than for a new motor vehicle dealer's license, shall
be accompanied by the following license fees:
$50 for applicant's established place of business, and
$25 for each additional place of business, if any, to which
the application pertains; but if the application is made
after June 15 of any year, the license fee shall be $25 for
applicant's established place of business plus $12.50 for
each additional place of business, if any, to which the
application pertains. License fees shall be returnable only
in the event that the application is denied by the Secretary
of State.
8. A statement that the applicant's officers, directors,
shareholders having a 10% or greater ownership interest therein,
proprietor, a partner, member, officer, director, trustee,
manager or other principals in the business have not committed in
the past 3 years any one violation as determined in any civil,
criminal or administrative proceedings of any one of the
following Acts:
(A) The Anti Theft Laws of the Illinois Vehicle Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and Certificates
of Title Laws of the Illinois Vehicle Code;
(D) The Dealers, Transporters, Wreckers and Rebuilders
Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961,
Criminal Trespass to Vehicles; or
(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers, directors,
shareholders having a 10% or greater ownership interest therein,
proprietor, partner, member, officer, director, trustee, manager
or other principals in the business have not committed in any
calendar year 3 or more violations, as determined in any civil,
criminal or administrative proceedings, of any one or more of the
HOUSE OF REPRESENTATIVES 1363
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
10. A bond or certificate of deposit in the amount of
$20,000 for each location at which the applicant intends to act
as a new vehicle dealer. The bond shall be for the term of the
license, or its renewal, for which application is made, and shall
expire not sooner than December 31 of the year for which the
license was issued or renewed. The bond shall run to the People
of the State of Illinois, with surety by a bonding or insurance
company authorized to do business in this State. It shall be
conditioned upon the proper transmittal of all title and
registration fees and taxes (excluding taxes under the Retailers'
Occupation Tax Act) accepted by the applicant as a new vehicle
dealer.
11. Such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation
prescribe.
12. A statement that the applicant understands Chapter One
through Chapter Five of this Code.
(c) Any change which renders no longer accurate any information
contained in any application for a new vehicle dealer's license shall
be amended within 30 days after the occurrence of such change on such
form as the Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary notwithstanding
no person shall be licensed as a new vehicle dealer unless:
1. He is authorized by contract in writing between himself
and the manufacturer or franchised distributor of such make of
vehicle to so sell the same in this State, and
2. Such person shall maintain an established place of
business as defined in this Act.
(e) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted to him under this Section
and unless he makes a determination that the application submitted
to him does not conform with the requirements of this Section or that
grounds exist for a denial of the application, under Section 5-501 of
this Chapter, grant the applicant an original new vehicle dealer's
license in writing for his established place of business and a
supplemental license in writing for each additional place of business
in such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its officers
or if a sole proprietorship, a partnership, an unincorporated
association or any similar form of business organization, the
name and address of the proprietor or of each partner, member,
officer, director, trustee or manager;
3. In the case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the established
place of business of the licensee and the additional place of
business to which such supplemental license pertains;
5. The make or makes of new vehicles which the licensee is
1364 JOURNAL OF THE [March 17, 1999]
licensed to sell.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business of the
licensee and in each additional place of business, if any, maintained
by such licensee.
(g) Except as provided in subsection (h) hereof, all new vehicle
dealer's licenses granted under this Section shall expire by
operation of law on December 31 of the calendar year for which they
are granted unless sooner revoked or cancelled under the provisions
of Section 5-501 of this Chapter.
(h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and submission of
proof of coverage under an approved bond under the "Retailers'
Occupation Tax Act" or proof that applicant is not subject to such
bonding requirements, as in the case of an original license, but in
case an application for the renewal of an effective license is made
during the month of December, the effective license shall remain in
force until the application is granted or denied by the Secretary of
State.
(i) All persons licensed as a new vehicle dealer are required to
furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's statement
of origin and in the case of a used motor vehicle a certificate
of title, in either case properly assigned to the purchaser;
2. A statement verified under oath that all identifying
numbers on the vehicle agree with those on the certificate of
title or manufacturer's statement of origin;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 hereof;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has been
reinstated, a copy of the warranty.
This amendatory Act of 1983 shall be applicable to the 1984
registration year and thereafter.
(Source: P.A. 88-158; 89-145, eff. 7-14-95; 89-189, eff. 1-1-96;
89-433, eff. 12-15-95.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer, shall
engage in the business of selling or dealing in, on consignment or
otherwise, 5 or more used vehicles of any make during the year
(except house trailers as authorized by paragraph (j) of this Section
and rebuilt salvage vehicles sold by their rebuilders to persons
licensed under this Chapter), or act as an intermediary, agent or
broker for any licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he is so engaged or
intends to so engage in such business unless licensed to do so by the
Secretary of State under the provisions of this Section.
(b) An application for a used vehicle dealer's license shall be
filed with the Secretary of State, duly verified by oath, in such
form as the Secretary of State may by rule or regulation prescribe
and shall contain:
1. The name and type of business organization established
and additional places of business, if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent or
greater ownership interest in the corporation, setting forth the
HOUSE OF REPRESENTATIVES 1365
residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, a
trust, or any similar form of business organization, the names
and residence address of the proprietor or of each partner,
member, officer, director, trustee or manager.
3. A statement that the applicant has been approved for
registration under the Retailers' Occupation Tax Act by the
Department of Revenue. However, this requirement does not apply
to a dealer who is already licensed hereunder with the Secretary
of State, and who is merely applying for a renewal of his
license. As evidence of this fact, the application shall be
accompanied by a certification from the Department of Revenue
showing that the Department has approved the applicant for
registration under the Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with the
appropriate liability insurance requirement. A Certificate of
Insurance in a solvent company authorized to do business in the
State of Illinois shall be included with each application
covering each location at which he proposes to act as a used
vehicle dealer. The policy must provide liability coverage for
the used vehicle dealer in the minimum amounts of $100,000 for
bodily injury to, or death of, any person, $300,000 for bodily
injury to, or death of, two or more persons in any one accident,
and $50,000 for damage to property. Such policy shall expire not
sooner than December 31 of the year for which the license was
issued or renewed.
The liability insurance policy must provide automobile
liability coverage in the minimum amounts of $100,000 for bodily
injury to, or death of, any person, $300,000 for bodily injury
to, or death of, two or more persons in any one accident, and
$50,000 for damage to property for any permitted user of the used
vehicle dealer's auto if the permitted user has no automobile
liability insurance of his or her own. The liability insurance
policy must provide automobile liability coverage in the minimum
amounts of $100,000 for bodily injury to, or death of, any
person, $300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to property
for any permitted user of the used vehicle dealer's auto if the
permitted user has automobile liability insurance of his or her
own but the insurance is less than the minimum limits of
subsection (a) of Section 7-601 and subsection (b) of Section
7-317. If the permitted user of the used vehicle dealer's auto
has insurance of his or her own conforming with or exceeding the
minimum limits of subsection (a) of Section 7-601 and subsection
(b) of Section 7-317, the used vehicle dealer's insurance does
not provide any insurance for the permitted user.
The expiration of the insurance policy shall not terminate the
liability under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are exempt from
this requirement.
5. An application for a used vehicle dealer's license shall
be accompanied by the following license fees:
$50 for applicant's established place of business, and $25
for each additional place of business, if any, to which the
application pertains; however, if the application is made after
June 15 of any year, the license fee shall be $25 for applicant's
established place of business plus $12.50 for each additional
place of business, if any, to which the application pertains.
License fees shall be returnable only in the event that the
application is denied by the Secretary of State.
6. A statement that the applicant's officers, directors,
1366 JOURNAL OF THE [March 17, 1999]
shareholders having a 10% or greater ownership interest therein,
proprietor, partner, member, officer, director, trustee, manager
or other principals in the business have not committed in the
past 3 years any one violation as determined in any civil,
criminal or administrative proceedings of any one of the
following Acts:
(A) The Anti Theft Laws of the Illinois Vehicle Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and Certificates
of Title Laws of the Illinois Vehicle Code;
(D) The Dealers, Transporters, Wreckers and Rebuilders
Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Illinois Criminal Code of
1961, Criminal Trespass to Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers, directors,
shareholders having a 10% or greater ownership interest therein,
proprietor, partner, member, officer, director, trustee, manager
or other principals in the business have not committed in any
calendar year 3 or more violations, as determined in any civil or
criminal or administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
8. A bond or Certificate of Deposit in the amount of
$20,000 for each location at which the applicant intends to act
as a used vehicle dealer. The bond shall be for the term of the
license, or its renewal, for which application is made, and shall
expire not sooner than December 31 of the year for which the
license was issued or renewed. The bond shall run to the People
of the State of Illinois, with surety by a bonding or insurance
company authorized to do business in this State. It shall be
conditioned upon the proper transmittal of all title and
registration fees and taxes (excluding taxes under the Retailers'
Occupation Tax Act) accepted by the applicant as a used vehicle
dealer.
9. Such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation
prescribe.
10. A statement that the applicant understands Chapter 1
through Chapter 5 of this Code.
(c) Any change which renders no longer accurate any information
contained in any application for a used vehicle dealer's license
shall be amended within 30 days after the occurrence of each change
on such form as the Secretary of State may prescribe by rule or
regulation, accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a used vehicle dealer unless such person
maintains an established place of business as defined in this
Chapter.
(e) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted to him under this Section.
Unless the Secretary makes a determination that the application
HOUSE OF REPRESENTATIVES 1367
submitted to him does not conform to this Section or that grounds
exist for a denial of the application under Section 5-501 of this
Chapter, he must grant the applicant an original used vehicle
dealer's license in writing for his established place of business and
a supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation which
shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its officers
or if a sole proprietorship, a partnership, an unincorporated
association or any similar form of business organization, the
name and address of the proprietor or of each partner, member,
officer, director, trustee or manager;
3. In case of an original license, the established place of
business of the licensee;
4. In the case of a supplemental license, the established
place of business of the licensee and the additional place of
business to which such supplemental license pertains.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State shall be
kept posted, conspicuously, in the established place of business of
the licensee and in each additional place of business, if any,
maintained by such licensee.
(g) Except as provided in subsection (h) of this Section, all
used vehicle dealer's licenses granted under this Section expire by
operation of law on December 31 of the calendar year for which they
are granted unless sooner revoked or cancelled under Section 5-501 of
this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and submission of
proof of coverage by an approved bond under the "Retailers'
Occupation Tax Act" or proof that applicant is not subject to such
bonding requirements, as in the case of an original license, but in
case an application for the renewal of an effective license is made
during the month of December, the effective license shall remain in
force until the application for renewal is granted or denied by the
Secretary of State.
(i) All persons licensed as a used vehicle dealer are required
to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all identifying
numbers on the vehicle agree with those on the certificate of
title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has been
reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and Salesmen
License Act" may engage in the business of selling or dealing in
house trailers not his own without being licensed as a used vehicle
dealer under this Section; however such broker shall maintain a
record of the transaction including the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the vehicle
1368 JOURNAL OF THE [March 17, 1999]
identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by any
officer of the Secretary of State's Office at any reasonable hour.
(Source: P.A. 88-158; 89-189, eff. 1-1-96.)
(625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
Sec. 7-202. Exceptions to requirements of security. (a) The
requirements as to security and suspension as provided by Sections
7-201 and 7-205 shall not apply:
1. To the driver or owner if such owner had in effect at the
time of such motor vehicle accident a liability policy covering such
driver and owner with respect to the vehicle involved in such motor
vehicle accident;
2. To the driver, if not the owner of such vehicle, if there was
in effect at the time of such motor vehicle accident a liability
policy or bond with respect to the operation of motor vehicles not
owned by the driver;
3. To the driver or owner if the liability of such driver or
owner for damages resulting from such motor vehicle accident is
covered by any other form of liability insurance policy or bond;
4. To the driver or owner, if such owner is qualified as a
self-insurer as provided in Section 7-502;
5. To the owner if such owner at the time of such motor vehicle
accident was in compliance with Section 8-101 or Section 9-101, or if
the owner was a new or used vehicle dealer in compliance with
paragraph 6 of subsection (b) of Section 5-101 or with paragraph 4 of
subsection (b) of Section 5-102;
6. To the driver or owner if such owner at the time of such
motor vehicle accident was in compliance with the Federal Revised
Interstate Commerce Act (P.L. 95-473), as now or hereafter amended;
7. To the owner if the vehicle involved in such motor vehicle
accident was owned by the United States, this State or any political
sub-division of this State, any municipality therein, or any local
Mass Transit District;
8. To the driver or the owner of a vehicle involved in a motor
vehicle accident wherein no injury or damage was caused to the person
or property of any one other than such driver or owner;
9. To the driver or the owner of a vehicle which at the time of
the motor vehicle accident was parked, unless such vehicle was parked
at a place where parking was at the time of the accident prohibited
under any applicable law or ordinance;
10. To the owner of a vehicle if at the time of the motor
vehicle accident the vehicle was being operated without his
permission, express or implied, or was parked by a person who had
been operating such motor vehicle without such permission;
11. To the driver, if not the owner, of a commercial motor
vehicle on which there was no liability policy or bond with respect
to the operation of such vehicle in effect at the time of the motor
vehicle accident when the driver was operating the vehicle in the
course of the driver's employment and had no actual knowledge of such
lack of a liability policy or bond prior to the motor vehicle
accident.
(b) If at the time of the motor vehicle accident, an owner or
driver is covered by a motor vehicle liability policy or bond meeting
the requirements of this Code, such owner or driver shall be exempt
from suspension under Section 7-205 as to that motor vehicle
accident, if the company issuing the policy or bond has failed, and
such policy or bond was not effective at the time of the motor
vehicle accident or any time thereafter, provided, that the owner or
driver had no knowledge of the company's failure prior to the motor
vehicle accident, and such owner or driver has secured within 30 days
HOUSE OF REPRESENTATIVES 1369
after learning of such failure another liability policy or bond
meeting the requirements of the Code relating to future occurrences
or motor vehicle accidents.
As used in this paragraph, the words "failed" or "failure" mean
that the company has suspended operations by order of a court.
(Source: P.A. 85-293.)
(625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
Sec. 7-317. "Motor vehicle liability policy" defined.
(a) Certification. -A "motor vehicle liability policy", as that
term is used in this Act, means an "owner's policy" or an "operator's
policy" of liability insurance, certified as provided in Section
7-315 or Section 7-316 as proof of financial responsibility for the
future, and issued, except as otherwise provided in Section 7-316, by
an insurance carrier duly authorized to transact business in this
State, to or for the benefit of the person named therein as insured.
(b) Owner's Policy. --Such owner's policy of liability
insurance:
1. Shall designate by explicit description or by
appropriate reference, all motor vehicles with respect to which
coverage is thereby intended to be granted;
2. Shall insure the person named therein and any other
person using or responsible for the use of such motor vehicle or
vehicles with the express or implied permission of the insured,
except that with respect to new vehicle dealers and used vehicle
dealers, it shall insure permitted users only if the permitted
users do not have any insurance coverage or have less than the
required minimum limits of $20,000 for bodily injury to, or death
of, any person, $40,000 for bodily injury to, or death of, 2 or
more persons in any one accident, and $15,000 for damage to
property, in which case the limits of coverage owed by the owner
to the permitted user are the minimum limits set out in paragraph
4;
3. Shall insure every named insured and any other person
using or responsible for the use of any motor vehicle owned by
the named insured and used by such other person with the express
or implied permission of the named insured on account of the
maintenance, use or operation of any motor vehicle owned by the
named insured, within the continental limits of the United States
or the Dominion of Canada against loss from liability imposed by
law arising from such maintenance, use or operation, to the
extent and aggregate amount, exclusive of interest and cost, with
respect to each motor vehicle, of $20,000 for bodily injury to or
death of one person as a result of any one accident and, subject
to such limit as to one person, the amount of $40,000 for bodily
injury to or death of all persons as a result of any one accident
and the amount of $15,000 for damage to property of others as a
result of any one accident; and.
4. Shall insure a permitted user of a new vehicle dealer's
or used vehicle dealer's auto only if the permitted user has no
insurance coverage or has insurance coverage with the limits less
than the minimum required limits of $20,000 for bodily injury to,
or death of, any person, $40,000 for bodily injury to, or death
of, 2 or more person in any one accident, and $15,000 for damage
to property, in which case the dealer's policy shall provide
automobile liability coverage in the minimum amounts of $100,000
for bodily injury to, or death of, any person, $300,000 for
bodily injury to, or death of, two or more persons in any one
accident, and $50,000 for damage to property.
(c) Operator's Policy. --When an operator's policy is required,
it shall insure the person named therein as insured against the
liability imposed by law upon the insured for bodily injury to or
1370 JOURNAL OF THE [March 17, 1999]
death of any person or damage to property to the amounts and limits
above set forth and growing out of the use or operation by the
insured within the continental limits of the United States or the
Dominion of Canada of any motor vehicle not owned by him.
(d) Required Statements in Policies. --Every motor vehicle
liability policy must specify the name and address of the insured,
the coverage afforded by the policy, the premium charged therefor,
the policy period, and the limits of liability, and shall contain an
agreement that the insurance thereunder is provided in accordance
with the coverage defined in this Act, as respects bodily injury and
death or property damage or both, and is subject to all the
provisions of this Act.
(e) Policy Need Not Insure Workers' Compensation. --Any
liability policy or policies issued hereunder need not cover any
liability of the insured assumed by or imposed upon the insured under
any workers' compensation law nor any liability for damage to
property in charge of the insured or the insured's employees.
(f) Provisions Incorporated in Policy. --Every motor vehicle
liability policy is subject to the following provisions which need
not be contained therein:
1. The liability of the insurance carrier under any such policy
shall become absolute whenever loss or damage covered by the policy
occurs and the satisfaction by the insured of a final judgment for
such loss or damage shall not be a condition precedent to the right
or obligation of the carrier to make payment on account of such loss
or damage.
2. No such policy may be cancelled or annulled as respects any
loss or damage, by any agreement between the carrier and the insured
after the insured has become responsible for such loss or damage, and
any such cancellation or annulment shall be void.
3. The insurance carrier shall, however, have the right to
settle any claim covered by the policy, and if such settlement is
made in good faith, the amount thereof shall be deductible from the
limits of liability specified in the policy.
4. The policy, the written application therefor, if any, and any
rider or endorsement which shall not conflict with the provisions of
this Act shall constitute the entire contract between the parties.
(g) Excess or Additional Coverage. --Any motor vehicle liability
policy may, however, grant any lawful coverage in excess of or in
addition to the coverage herein specified or contain any agreements,
provisions, or stipulations not in conflict with the provisions of
this Act and not otherwise contrary to law.
(h) Reimbursement Provision Permitted. --The policy may provide
that the insured, or any other person covered by the policy shall
reimburse the insurance carrier for payment made on account of any
loss or damage claim or suit involving a breach of the terms,
provisions or conditions of the policy; and further, if the policy
shall provide for limits in excess of the limits specified in this
Act, the insurance carrier may plead against any plaintiff, with
respect to the amount of such excess limits of liability, any defense
which it may be entitled to plead against the insured.
(i) Proration of Insurance Permitted. --The policy may provide
for the pro-rating of the insurance thereunder with other applicable
valid and collectible insurance.
(j) Binders. --Any binder pending the issuance of any policy,
which binder contains or by reference includes the provisions
hereunder shall be sufficient proof of ability to respond in damages.
(k) Copy of Policy to Be Filed with Department of
Insurance--Approval. --A copy of the form of every motor vehicle
liability policy which is to be used to meet the requirements of this
Act must be filed, by the company offering such policy, with the
HOUSE OF REPRESENTATIVES 1371
Department of Insurance, which shall approve or disapprove the policy
within 30 days of its filing. If the Department approves the policy
in writing within such 30 day period or fails to take action for 30
days, the form of policy shall be deemed approved as filed. If within
the 30 days the Department disapproves the form of policy filed upon
the ground that it does not comply with the requirements of this Act,
the Department shall give written notice of its decision and its
reasons therefor to the carrier and the policy shall not be accepted
as proof of financial responsibility under this Act.
(l) Insurance Carrier Required to File Certificate. --An
insurance carrier who has issued a motor vehicle liability policy or
policies or an operator's policy meeting the requirements of this Act
shall, upon the request of the insured therein, deliver to the
insured for filing, or at the request of the insured, shall file
direct, with the Secretary of State a certificate, as required by
this Act, which shows that such policy or policies have been issued.
No insurance carrier may require the payment of any extra fee or
surcharge, in addition to the insurance premium, for the execution,
delivery or filing of such certificate.
(m) Proof When Made By Endorsement. --Any motor vehicle
liability policy which by endorsement contains the provisions
required hereunder shall be sufficient proof of ability to respond in
damages.
(Source: P.A. 85-730.)
(625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
Sec. 7-601. Required liability insurance policy.
(a) No person shall operate, register or maintain registration
of, and no owner shall permit another person to operate, register or
maintain registration of, a motor vehicle designed to be used on a
public highway unless the motor vehicle is covered by a liability
insurance policy.
The insurance policy shall be issued in amounts no less than the
minimum amounts set for bodily injury or death and for destruction of
property under Section 7-203 of this Code, and shall be issued in
accordance with the requirements of Sections 143a and 143a-2 of the
Illinois Insurance Code, as amended. No insurer other than an
insurer authorized to do business in this State shall issue a policy
pursuant to this Section for any vehicle subject to registration
under this Code. Nothing herein shall deprive an insurer of any
policy defense available at common law.
(b) The following vehicles are exempt from the requirements of
this Section:
(1) vehicles subject to the provisions of Chapters 8 or
18a, Article III or Section 7-609 of Chapter 7, or Sections
12-606 or 12-707.01 of Chapter 12 of this Code;
(2) vehicles required to file proof of liability insurance
with the Illinois Commerce Commission;
(3) vehicles covered by a certificate of self-insurance
under Section 7-502 of this Code; 365h1
(4) vehicles owned by the United
States, the State of Illinois, or any political subdivision,
municipality or local mass transit district;
(5) implements of husbandry;
(6) other vehicles complying with laws which require them
to be insured in amounts meeting or exceeding the minimum amounts
required under this Section; and
(7) inoperable or stored vehicles that are not operated, as
defined by rules and regulations of the Secretary; and.
(8) vehicles of new vehicle dealers and used vehicle
dealers complying with the paragraph 6 of subsection (b) of
Section 5-501 or paragraph 4 of subsection (b) of Section 5-102.
1372 JOURNAL OF THE [March 17, 1999]
(Source: P.A. 88-315; 89-669, eff. 1-1-97.)
Section 98. Applicability. The changes made by this amendatory
Act of the 91st General Assembly are prospective and apply only on or
after the effective date of this amendatory Act of the 91st General
Assembly.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 39. Having been read by title a second time on March
10, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Cowlishaw offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 39
AMENDMENT NO. 1. Amend House Bill 39 as follows:
on page 1, line 29, by replacing "the following" with "expression
that, as determined by the principal or designated school official,
is"; and
on page 1, line 30, by deleting "expression which is"; and
on page 2, line 1, by deleting "expression which is"; and
on page 2, line 3, by deleting "expression which constitutes"; and
on page 2, by replacing line 5 with the following:
"(4) likely to"; and
on page 2, immediately below line 8, by inserting the following:
"No expression made by students shall be deemed to be an expression
of school policy."; and
on page 2, line 11, by replacing "news," with "news and"; and
on page 2, line 11, by deleting ", and advertising content".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 496. Having been read by title a second time on March
11, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 496
AMENDMENT NO. 1. Amend House Bill 496 on page 3, line 25, by
replacing "expense" with "cost by or at the expense of a unit of
local government".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
HOUSE OF REPRESENTATIVES 1373
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 77. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Aging,
adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 77
AMENDMENT NO. 1. Amend House Bill 77 on page 1, by replacing
lines 23 through 30 with the following:
"(a) "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at least
80% of whom are 55 years of age or older and where the following are
provided consistent with the purposes of this Act:
(1) services consistent with a social model that is based
on the premise that the resident's unit in assisted living and
shared housing is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including personal,
supportive, and intermittent health-related services available
24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident;
(3) counseling for health, social services, and nutrition
by licensed personnel or case coordination units under the
Department on Aging and the area agencies on aging;
(4) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or resident's
representative; and
(5) a physical environment that is a homelike setting that
includes the following and such other elements as established by
the Department in conjunction with the Assisted Living and Shared
Housing Advisory Board: individual living units each of which
shall accommodate small kitchen appliances and contain private
bathing, washing, and toilet facilities, or private washing and
toilet facilities with a common bathing room readily accessible
to each resident. Units shall be maintained for single occupancy
except in cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual and
group activities.
"Assisted living establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long-term care facility licensed under the Nursing
Home Care Act. However, a long term care facility may convert
distinct parts of the facility to assisted living. If the
long-term care facility elects to do so, the facility shall
retain the Certificate of Need for its nursing beds that were
converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
1374 JOURNAL OF THE [March 17, 1999]
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act.
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility.
(11) A shared housing establishment.
(12) A supportive living facility as described in Section
5-5.0la of the Illinois Public Aid Code."; and
on page 2, by deleting lines 1 through 34; and
on page 3, by deleting lines 1 through 34; and
on page 4, by deleting lines 1 through 33; and
on page 9, line 29, by replacing "Treasurer" with "Treasurer, in
cooperation with the Department on Aging and area agencies on
aging,".
Representative Garrett offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 77
AMENDMENT NO. 2. Amend House Bill 77, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Elder
Care Savings Fund Act.
Section 5. Declaration of purpose. It is declared (i) that for
the benefit of the people of the State of Illinois, the conduct and
increase of their commerce, the protection and enhancement of their
welfare, the development of continued prosperity, and the improvement
of their health and living conditions, it is essential that this and
future generations be given the fullest opportunity to provide for
their long term health care needs and (ii) that to achieve these ends
it is of the utmost importance that Illinois residents be provided
with investment alternatives to enhance their financial access to
long term health care. It is the intent of this Act to create a
savings fund that will provide residents of the State of Illinois
with an investment option that will earn the highest available rate
of return while managing risk and maintaining liquidity.
Section 10. Definitions. In this Act:
(a) "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at least
80% of whom are 55 years of age or older and where the following are
provided consistent with the purposes of this Act:
(1) services consistent with a social model that is based
on the premise that the resident's unit in assisted living and
shared housing is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including personal,
HOUSE OF REPRESENTATIVES 1375
supportive, and intermittent health-related services available
24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident;
(3) counseling for health, social services, and nutrition
by licensed personnel or case coordination units under the
Department on Aging and the area agencies on aging;
(4) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or resident's
representative; and
(5) a physical environment that is a homelike setting that
includes the following and such other elements as established by
the Department in conjunction with the Assisted Living and Shared
Housing Advisory Board: individual living units each of which
shall accommodate small kitchen appliances and contain private
bathing, washing, and toilet facilities, or private washing and
toilet facilities with a common bathing room readily accessible
to each resident. Units shall be maintained for single occupancy
except in cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual and
group activities.
"Assisted living establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long-term care facility licensed under the Nursing
Home Care Act. However, a long term care facility may convert
distinct parts of the facility to assisted living. If the
long-term care facility elects to do so, the facility shall
retain the Certificate of Need for its nursing beds that were
converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act.
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility.
(11) A shared housing establishment.
(12) A supportive living facility as described in Section
5-5.0la of the Illinois Public Aid Code.
(b) "Authority" means the Elder Care Trust Authority.
(c) "Elder Care Savings Fund" means the fund that is created and
administered by the State Treasurer to supplement and enhance the
investment opportunities otherwise available to Illinois residents
seeking to save money to pay the costs of long term health care.
1376 JOURNAL OF THE [March 17, 1999]
Section 15. Establishment and Administration of the Elder Care
Savings Fund.
(a) In order to provide investors with investment alternatives
to enhance their financial access to long term health care, and in
furtherance of the public policy of this Act, the State Treasurer may
establish and administer an Elder Care Savings Fund.
(b) The Treasurer, in administering the Elder Care Savings Fund,
may receive moneys from Illinois residents into the fund and invest
moneys within the fund on their behalf. The Treasurer may invest the
funds constituting the Elder Care Savings Fund in the same manner and
in the same types of investments and subject to the same limitations
provided for the investment of funds in the State Treasury. The
Treasurer shall develop, publish, and implement an investment policy
covering the management of funds in the Elder Care Savings Fund. The
policy shall be published at least once each year in at least one
newspaper of general circulation in both Springfield and Chicago, and
each year as part of the audit of the Elder Care Savings Fund by the
Auditor General, which shall be distributed to all participants in
the fund. The Treasurer shall notify all participants in writing,
and the Treasurer shall publish in a newspaper of general circulation
in both Chicago and Springfield any changes to the previously
published investment policy at least 30 calendar days before
implementing the policy. Any investment policy adopted by the
Treasurer shall be reviewed, and updated if necessary, within 90 days
following the installation of a new Treasurer.
(c) A portion of the administrative expenses of the Elder Care
Savings Fund shall be paid from the earnings of the fund. No more
than one half of one percent of the assets of the fund shall be used
to pay administrative expenses. The Treasurer shall seek an
appropriation for any administrative expenses that are not paid from
the earnings of the fund. As soon as the Elder Care Savings Fund
reaches an asset level that equals or exceeds $200 million, the
administration expenses of the Elder Care Savings Fund shall be paid
solely from its earnings. Interest earnings in excess of
administrative expenses shall be credited or paid monthly to the
several participants in the fund in a manner which equitably reflects
the differing amounts of their respective investments in the fund and
the differing periods of time for which the amounts were in the
custody of the fund.
(d) The Treasurer shall promulgate rules and regulations as he
or she deems necessary for the efficient administration of the Elder
Care Savings Fund, including specification of minimum and maximum
amounts that may be deposited, minimum and maximum periods of time
for which deposits may be retained in the fund, and conditions under
which penalties will be assessed for refunds of earnings that are not
used for long term health care expenses defined in Section 10 of this
Act.
(e) Upon creating an Elder Care Savings Fund the State Treasurer
shall give bond with 2 or more sufficient sureties, payable to and
for the benefit of the participants in the Elder Care Savings Fund,
in the penal sum of $500,000, conditioned upon the faithful discharge
of his or her duties in relation to the fund.
Section 20. Exemption from taxation. As provided in this Act,
the investment in the Elder Care Savings Fund is in all respects for
the benefit of the People of the State of Illinois, the conduct and
increase of their commerce, the protection and enhancement of their
welfare, the development of continued prosperity, and the improvement
of their health and living conditions is for public purposes. In
consideration of those facts, income derived from investments in the
Elder Care Savings Fund and financial incentives received under the
grant program described in Section 25 of this Act shall be free from
HOUSE OF REPRESENTATIVES 1377
all taxation by the State or its political subdivisions, except for
estate, transfer, and inheritance taxes.
Section 25. Grant program.
(a) The Governor and the Director of the Bureau of the Budget
shall provide for a grant program of additional financial incentives
to be provided to participants in the Elder Care Savings Program to
encourage the use of the fund and the income derived from the fund
for one or more of the following purposes:
(1) Care in a facility licensed under the Nursing Home Care
Act.
(2) Home health nursing services or home health aide
services provided by a home health agency licensed under the Home
Health Agency Licensing Act.
(3) Respite care as defined in the Respite Program Act.
(4) Custodial care services.
(5) Care in a hospice licensed under the Hospice Program
Licensing Act.
(6) Long term health care services for the aged, the
disabled, or persons diagnosed as infected with HIV or having
AIDS or a related condition. These services include, without
limitation, chore-housekeeping services, a personal care
attendant, adult day care, assistive equipment, home renovation,
home-delivered meals, and emergency response systems. As used in
this paragraph, "AIDS" means acquired immunodeficiency syndrome;
"HIV" means the Human Immunodeficiency Virus or any other
identified causative agent of AIDS.
(7) Care in an assisted living establishment.
(b) The grant program of financial incentives shall be
administered by the State Treasurer pursuant to administrative rules
adopted by the Treasurer. The financial incentives shall be in forms
determined by the Governor and the Director of the Bureau of the
Budget and may include, among others, supplemental payments to the
participants in the Elder Care Savings Fund to be applied to costs of
care or services specified in items (1) through (6) of subsection
(a). The Treasurer may establish, by rule, administrative procedures
and eligibility criteria for the grant program; those rules must be
consistent with the purposes of this Act. The Treasurer may require
participants in the Elder Care Savings Fund, providers of long term
health care services, and other necessary parties to assist in the
determination of eligibility for financial incentives under the grant
program.
(c) All grants shall be subject to annual appropriation of
moneys for that purpose by the General Assembly. Financial
incentives shall be provided only if, in the sole judgment of the
Director of the Bureau of the Budget, the total incentives offered in
a given year will not exceed the balance of the Elder Care Savings
Fund on the day the incentives are offered by more than 0.5%.
Section 30. Education program. The State Treasurer, in
cooperation with the Department on Aging and area agencies on aging,
shall develop and implement an education program and marketing
strategies designed to inform residents of this State about the
options available for financing long term health care and the need to
accumulate the financial resources necessary to pay for that care.
The Treasurer shall report to the General Assembly on the program
developed and its operation before May 1, 2000. The Treasurer shall
adopt rules with respect to his or her powers and duties under this
Act.
Section 35. Elder Care Trust Authority.
(a) There is created the Elder Care Trust Authority. The
Authority shall consist of 11 members, 7 of whom shall be appointed
as follows: the Speaker and Minority Leader of the House of
1378 JOURNAL OF THE [March 17, 1999]
Representatives and the President and Minority Leader of the Senate
shall each appoint one member, and the Governor shall appoint 3
members. The State Treasurer, the Director of the Bureau of the
Budget, the Director of Public Health, and the Director of the
Illinois Economic and Fiscal Commission, or their respective
designees, shall each be a member ex officio. The Governor and
legislative leaders shall give consideration to selecting members
that include representatives from the following categories: (i) a
director, officer, or employee of an entity that provides long term
health care services; (ii) a person having a favorable reputation for
skill, knowledge, and experience in the field of portfolio
management; and (iii) a person experienced in and having a favorable
reputation for skill, knowledge, and experience in the long term
health care savings field.
The State Treasurer or the Treasurer's designee shall serve as
the chairperson of the Authority.
The appointed members of the Authority first appointed shall
serve for terms expiring on June 30 in 1999, 2000, 2001, 2002, 2003,
2004, and 2005 respectively, or until their respective successors
have been appointed and have qualified. The initial term of each of
those members shall be determined by lot. Upon the expiration of the
term of any member, the member's successor shall be appointed for a
term of 6 years and until his or her successor has been appointed and
has qualified.
Any vacancy shall be filled in the manner of the original
appointment for the remainder of the unexpired term.
Any member of the Authority may be removed by the appointing
authority for misfeasance, malfeasance, or wilful neglect of duty or
other cause after notice and a public hearing, unless that notice and
hearing are expressly waived by the member in writing.
Members shall be compensated from moneys appropriated to the
State Treasurer for their reasonable expenses actually incurred in
performing their duties.
Staff assistance shall be provided to the Authority by the State
Treasurer.
The Authority shall meet at least once each year.
(b) The Authority has the following responsibilities:
(1) To make recommendations to the Elder Care Savings Fund
staff regarding the marketing of the Elder Care Savings Fund to
ensure the use of the fund by participants throughout the State
for long term health care purposes.
(2) To advise the Elder Care Savings Fund staff on an
effective advertising campaign to inform the general public about
Elder Care Savings Fund and its availability.
(3) To advise the Elder Care Savings Fund staff regarding
the investment portfolio of the Elder Care Savings Fund.
(4) After the creation of the Elder Care Savings Fund, to
assess the effectiveness of the program and recommend
constructive changes to the Bureau of the Budget.
(5) To make recommendations to the General Assembly
regarding statutory changes that the Authority deems necessary or
desirable.
Section 999. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE OF REPRESENTATIVES 1379
HOUSE BILL 2494. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Meyer offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2494
AMENDMENT NO. 1. Amend House Bill 2494 by replacing the title
with the following:
"AN ACT to amend the Illinois Banking Act by changing Sections 10
and 16 and adding Section 9.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Banking Act is amended by changing
Sections 10 and 16 and adding Section 9.5 as follows:
(205 ILCS 5/9.5 new)
Sec. 9.5. Reservation of corporate name. Upon the filing of an
application for a permit to organize, an applicant may request that
the Commissioner reserve the name of the proposed bank. The
reservation shall be made by filing with the Commissioner an
application to reserve a specified corporate name on forms prescribed
by the Commissioner. If the Commissioner finds that the name is
available for corporate use, he or she shall reserve the name for the
exclusive use the of the applicant. The Commissioner shall prescribe
by rule the duration of the reservation.
The right to the exclusive use of a specified corporate name so
reserved may be transferred to any other person by filing with the
Commissioner a notice of the transfer executed by the person for whom
such name was reserved and specifying the name and address of the
transferee.
The Commissioner may revoke any reservation if, after a hearing,
he or she finds that the application therefor was made contrary to
this Act.
(205 ILCS 5/10) (from Ch. 17, par. 317)
Sec. 10. Permit to organize. Upon the filing of an application
for a permit to organize, the Commissioner shall investigate the
truth of the statements therein and shall consider the proposed
bank's capital structure, its future earnings prospects, the general
character, experience, and qualifications of its proposed management,
its proposed plan of operation, and the convenience and needs of the
area sought to be served and notwithstanding the provisions of
Section 7 of this Act, the Commissioner shall not approve the
application and issue a permit to organize unless he shall be of the
opinion and finds:
(1) that the proposed capital at least meets the minimum
requirements of this Act determined by the Commissioner pursuant to
Section 7 of this Act including additional capital necessitated by
the circumstances of the proposed bank including its size, scope of
operations and market in which it proposes to operate;
(2) that the future earnings prospects are favorable;
(3) that the general character, experience, and qualifications
of its proposed management and its proposed plan of operation are
such as to assure reasonable promise of successful, safe and sound
operation;
(4) that the name of the proposed bank is not the same as or
deceptively similar to a name reserved with the Commissioner's office
under Section 9.5 or to the name of any other bank then operating in
this State; and
(5) that the convenience and needs of the area sought to be
served by the proposed bank will be promoted.
1380 JOURNAL OF THE [March 17, 1999]
(Source: P.A. 90-665, eff. 7-30-98.)
(205 ILCS 5/16) (from Ch. 17, par. 323)
Sec. 16. Directors. The business and affairs of a State bank
shall be managed by its board of directors that shall exercise its
powers as follows:
(1) Directors shall be elected as provided in this Act. Any
omission to elect a director or directors shall not impair any of the
rights and privileges of the bank or of any person in any way
interested. The existing directors shall hold office until their
successors are elected and qualify.
(2) (a) Notwithstanding the provisions of any charter heretofore
or hereafter issued, the number of directors, not fewer than 5
nor more than 25, may be fixed from time to time by the
stockholders at any meeting of the stockholders called for the
purpose of electing directors or changing the number thereof by
the affirmative vote of at least two-thirds of the outstanding
stock entitled to vote at the meeting, and the number so fixed
shall be the board regardless of vacancies until the number of
directors is thereafter changed by similar action. At least a
majority of the directors must have resided in the State of
Illinois or within 100 miles of the main banking premises for at
least one year immediately preceding their election and must be
residents of the State of Illinois or the territory within 100
miles of the main banking premises during their continuance in
office. Any director who becomes disqualified shall forthwith
resign his office.
(b) Notwithstanding the minimum number of directors
specified in paragraph (a) of this subsection, a State bank that
has been in existence for 10 years or more and has less than
$20,000,000 in assets, as of the December 31 immediately
preceding the annual meeting of shareholders at which directors
are elected, may, subject to the approval of the Commissioner,
have a minimum of 3 directors; provided that if a State bank has
fewer than 5 directors, at least one director shall not be an
officer or employee of the bank. The Commissioner shall annually
review the appropriateness of the grant of authority to have a
reduced minimum number of directors pursuant to this paragraph
(b).
(3) Except as otherwise provided in this paragraph (3),
directors shall hold office until the next annual meeting of the
stockholders succeeding their election or until their successors are
elected and qualify. If the board of directors consists of 6 or more
members, in lieu of electing the membership of the whole board of
directors annually, the charter or by-laws of a State bank may
provide that the directors shall be divided into either 2 or 3
classes, each class to be as nearly equal in number as is possible.
The term of office of directors of the first class shall expire at
the first annual meeting of the stockholders after their election,
that of the second class shall expire at the second annual meeting
after their election, and that of the third class, if any, shall
expire at the third annual meeting after their election. At each
annual meeting after classification, the number of directors equal to
the number of the class whose terms expire at the time of the meeting
shall be elected to hold office until the second succeeding annual
meeting, if there be 2 classes, or until the third succeeding annual
meeting, if there be 3 classes. Vacancies may be filled by
stockholders at a special meeting called for the purpose.
If authorized by the bank's by-laws or an amendment thereto, the
directors of a State bank may properly fill a vacancy or vacancies
arising between shareholders' meetings, but at no time may the number
of directors selected to fill a vacancy in this manner during any
HOUSE OF REPRESENTATIVES 1381
interim period between shareholders' meetings exceed 33 1/3% of the
total membership of the board of directors.
(4) The board of directors shall hold regular meetings at least
once each month, provided that, upon prior written approval by the
Commissioner, the board of directors may hold regular meetings less
frequently than once each month but at least once each calendar
quarter. A special meeting of the board of directors may be held as
provided by the by-laws. A special meeting of the board of directors
may also be held upon call by the Commissioner or a bank examiner
appointed under the provisions of this Act upon not less than 12
hours notice of the meeting by personal service of the notice or by
mailing the notice to each of the directors at his residence as shown
by the books of the bank. A majority of the board of directors shall
constitute a quorum for the transaction of business unless a greater
number is required by the charter or the by-laws. The act of the
majority of the directors present at a meeting at which a quorum is
present shall be the act of the board of directors unless the act of
a greater number is required by the charter or by the by-laws.
(5) A member of the board of directors shall be elected
president. The board of directors may appoint other officers, as the
by-laws may provide, and fix their salaries to carry on the business
of the bank. The board of directors may make and amend by-laws (not
inconsistent with this Act) for the government of the bank and may,
by the affirmative vote of a majority of the board of directors,
establish reasonable compensation of all directors for services to
the corporation as directors, officers, or otherwise. An officer,
whether elected or appointed by the board of directors or appointed
pursuant to the by-laws, may be removed by the board of directors at
any time.
(6) The board of directors shall cause suitable books and
records of all the bank's transactions to be kept.
(7) In discharging the duties of their respective positions, the
board of directors, committees of the board, and individual directors
may, in considering the best long term and short term interests of
the bank, consider the effects of any action (including, without
limitation, action that may involve or relate to a merger or
potential merger or to a change or potential change in control of the
bank) upon employees, depositors, suppliers, and customers of the
corporation or its subsidiaries, communities in which the main
banking premises, branches, offices, or other establishments of the
bank or its subsidiaries are located, and all pertinent factors.
(Source: P.A. 89-364, eff. 8-18-95; 90-301, eff. 8-1-97.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1375. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hoffman offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1375
AMENDMENT NO. 1. Amend House Bill 1375, on page 1, by deleting
lines 24 through 29; and
1382 JOURNAL OF THE [March 17, 1999]
on page 2, by deleting line 1; and
on page 7, by deleting lines 32 through 34; and
on page 8, by deleting lines 1 and 2.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1877. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Slone offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1877
AMENDMENT NO. 1. Amend House Bill 1877 by replacing the title
with the following:
"AN ACT concerning land preservation."; and
by replacing everything after the enacting clause with the following:
"ARTICLE 1
Section 1-1. Short title. This Article may be cited as the
County and Municipal Open Space Law.
Section 1-5. Policy. The General Assembly finds that movements
and shifts of population and changes in residential, commercial, and
industrial use and customs threaten the disappearance of open space
areas having special community value, and that the preservation of
these open space areas is necessary and desirable to sound community
planning and to the welfare of community residents. The granting of
the powers provided in this Article is directed to the preservation
of open space property and is declared to be a public use essential
to the public interest.
Section 1-10. Definitions. As used in this Article:
"Development of real property" means the constructing,
installing, planting, or creating of any permanent or temporary
improvement of real property that has been acquired for open space
purposes. "Development" of property is deemed to have commenced if
all of the following provisions are met:
(1) At least 30 days before the adoption of an open space
plan, an application for a preliminary plan or preliminary
planned unit development has been filed with the applicable
governmental entity or, if neither is required, a building permit
has been obtained at least 30 days before the filing of the
petition.
(2) Mass grading of the property has commenced.
(3) Within 180 days of the date the open space plan is
recommended for approval by the governing authority, the
installation of public improvements has commenced.
"Governing authority" means the corporate authority of a county
or municipality implementing an open space plan.
"Municipality" has the meaning provided in Section 1 of Article
VII of the Illinois Constitution.
"Open land" or "open space" means any space or area of land or
water of an area of 50 acres or more where the preservation or the
restriction of development or use of which would accomplish one or
more of the following purposes:
(1) Maintain or enhance the conservation of natural or
HOUSE OF REPRESENTATIVES 1383
scenic resources.
(2) Protect natural streams or water supply.
(3) Promote conservation of soils, wet lands, or shores.
(4) Afford or enhance public outdoor recreation
opportunities.
(5) Preserve flora and fauna, geological features, historic
sites, or other areas of educational or scientific interest.
(6) Preserve prime farmland.
(7) Enhance the value to the public of abutting or
neighboring highways, parks, or other public lands.
(8) Implement the plan of development adopted by the
planning commission of any municipality or county.
(9) Promote orderly urban or suburban development.
"Open space plan" means the written plan adopted or amended by
the governing authority to implement an open space program.
"Open space program" means the purchase, lease, or acceptance of
the fee or of a lesser right or interest in tracts of open land by
the county or municipality for open space purposes.
"Open space purposes" means:
(1) The preservation and maintenance of open land, scenic
roadways, and pathways.
(2) The holding of real property described in paragraph (1)
with or without public access for the education, pleasure, and
recreation of the public or for other open space values.
(3) The preservation of portions of that property in their
natural condition and the development of other portions of that
property.
(4) The management and use of that property in a manner and
with restrictions that will leave it unimpaired for the benefit
of future generations.
(5) The preservation of prime farmland.
(6) Otherwise promoting the conservation of the nature,
flora and fauna, natural environment, and natural resources of
the county or municipality.
Section 1-15. Open space plan.
(a) A county or municipality desiring to enter upon an open
space program may do so only after adoption of an open space plan.
(b) A proposed open space plan must meet all of the following
requirements:
(1) Identify all open land that the purchase, lease, or
acceptance of which is deemed necessary to accomplish the
purposes of the open space program.
(2) State the ways in which the purchase, lease, or
acceptance of open land will further open space purposes.
(3) State the estimated costs of implementing the proposed
plan.
(4) State the approximate tax, per $100 of assessed value,
that will be levied to provide the necessary funds for
implementing the proposed plan.
(5) State the estimated timetable for implementing the
proposed plan.
(6) Establish standards and procedures for establishing
priorities for the purchase, lease, or acceptance of parcels
identified in the plan.
Section 1-20. Public hearing.
(a) Before adopting an open space plan or an amendment to a
plan, the governing authority of the county or municipality must (i)
conduct a public hearing on the plan or amendment and (ii) recommend
adoption of the open space plan.
(b) The governing authority must prepare a notice of the public
hearing stating the date, time, place, and purpose of the hearing.
1384 JOURNAL OF THE [March 17, 1999]
The county or municipal clerk, as the case may be, must publish the
notice in a newspaper of general circulation in the respective county
or municipality not less than 15 nor more than 30 days before the
date of the hearing. The clerk also must send notice of the hearing
by registered or certified mail, return receipt requested, not less
than 20 days before the hearing, to the owners of property being
recommended for purchase, lease, or acceptance and designation as
open space under the proposed open space plan. The owners shall be
those parties identified on the most current real estate tax
assessment rolls for the county in which the territory is located as
being the parties to whom current real estate tax bills are being
sent. A copy of the proposed plan also must be filed with the clerk,
who must make it available to the general public for inspection after
publication of the notice of public hearing.
(c) At the public hearing, all persons desiring to offer
statements or other evidence in support of or in opposition to the
proposed plan must be afforded an opportunity to do so orally, in
writing, or both.
(d) Within 60 days after the public hearing, the governing
authority must consider all of the evidence and may recommend
adoption or rejection of the proposed open space plan in whole or in
part. The governing authority's recommendation must be in writing.
If the governing authority does not recommend adoption or rejection
of the proposed open space plan, then the open space plan may not be
subsequently adopted unless another public hearing is held and notice
given as provided in this Section.
Section 1-25. Amendment or addition to plan; release.
(a) If the governing authority recommends any amendments or
additions to a plan after its adoption, then property that is the
subject of the amendment or addition may not be purchased, leased, or
accepted until the revised plan is approved.
(b) The governing authority may release a specified parcel of
land from an open space plan and allow the development of the parcel
to occur. Once development has commenced, however, the land is no
longer eligible for purchase, lease, or acceptance as an open space
area.
Section 1-30. Powers. In a county or municipality in which the
establishment of an open space program has been authorized, the
governing authority may exercise the following powers and duties to
carry out the purposes of this Article:
(1) Study and ascertain open space resources, the need for
preserving those resources, and the extent to which those needs
are being currently met and prepare and adopt a coordinated plan
of open space areas to meet those needs.
(2) Classify, designate, plan, develop, preserve,
administer, and maintain all opens space areas.
(3) Accept gifts, grants, bequests, contributions, and
appropriations of money and property for open space purposes.
(4) Employ and fix the compensation of an executive officer
responsible to the governing authority for the carrying out of
its policies and grant to the officer the power, subject to the
authority's approval, to employ and fix the compensation of
employees necessary for carrying out this Article.
(5) Charge and collect reasonable fees for the use of the
open space property, privileges, and conveniences as may be
provided.
(6) Police its open space property and exercise police
powers in respect to the property or in respect to the
enforcement of rules provided by the ordinances and employ and
commission police officers and other qualified persons to enforce
these rules.
HOUSE OF REPRESENTATIVES 1385
(7) Undertake studies pertaining to the natural history,
archaeology, history, or conservation of open space areas.
(8) Lease land for a period not longer than 50 years from
the date of the lease to a responsible person, firm, or
corporation for construction, alteration, renewal, equipment,
furnishing, extension, operation, and maintenance of related open
space buildings and facilities. In any lease of land leased
under this Section, upon the expiration of the lease title to all
structures on the leased land shall be vested in the applicable
county or municipality.
(9) Lease any building or facility constructed,
reconstructed, altered, renewed, equipped, furnished, extended,
and maintained by the governing authority to a responsible
person, firm, or corporation for operation and maintenance for a
period not longer than 20 years from the date of the lease.
(10) Dedicate its open lands as nature preserves within the
Illinois system of nature preserves as provided in Section 1-15
of the Illinois Natural Areas Preservation Act and cooperate with
the Illinois Nature Preserves Commission in matters relating to
the purposes of this Article.
Section 1-35. Acquisition of property.
(a) The governing authority may acquire by gift, legacy,
purchase, lease, or agreement, the fee or any lesser right or
interest in real property that is open land and may hold that
property for open space, scenic roadway, pathway, outdoor recreation,
or other conservation benefits.
(b) Property purchased, leased, or accepted for open space
purposes under an open space program as defined in this Article shall
be valued for real property taxation according to Section 10-155 of
the Property Tax Code.
Section 1-40. Borrowing money; bonds.
(a) The governing authority may borrow money and issue bonds,
after referendum, to purchase, lease, develop, rehabilitate, and
renovate open lands for open space purposes under an open space
program in an amount not to exceed 5% on the valuation of taxable
property within the governing authority's land area to be ascertained
by the last assessment for State and county taxes previous to the
incurring of the indebtedness. The tax levy and extension are subject
to the requirements of the Truth in Taxation Law and the Property Tax
Extension Limitation Law. Whenever the governing authority desires to
issue bonds under this Article, or whenever the authority receives a
petition requesting that the authority issue bonds under this
Article, the governing authority shall certify that bond
authorization proposition to the proper election officials. The
election officials shall submit to the voters at the next election
the question of whether or not the governing authority shall issue
bonds to finance an open space program and provide for the levy and
collection of a direct annual tax upon all its taxable property to
meet the principal and interest on the bonds as they mature. The
election must be conducted and notice given according to the Election
Code. The question submitted to the voters at the election must be
in substantially the following form:
Shall (name of the county or municipality) issue bonds to
finance the purchase, lease, maintenance, development,
rehabilitation, and renovation of open space lands for open space
purposes and levy and collect property taxes sufficient to meet
the principal and interest on the bonds as they mature, but not
in an amount in excess of 5% on the valuation of taxable property
in (name of the county or municipality)?
The votes shall be recorded as "Yes" or "No".
(b) If a majority of the voters vote in favor of the question,
1386 JOURNAL OF THE [March 17, 1999]
then the governing authority may issue bonds as provided in this
Article. The governing authority must then adopt an ordinance or
resolution authorizing the issuance of the bonds that prescribes the
details and states the time or times when the principal and interest
on the bonds become payable and the place of payment of the bonds.
The bonds must be payable within not less than 3 nor more than 40
years from the date of issuance and be issued to bear interest at not
to exceed the maximum rate authorized by the Bond Authorization Act
at the making of the contract. The ordinance or resolution shall
provide for the levy and collection of a direct annual tax upon all
the taxable property within the corporate limits of the county or
municipality, as the case may be, sufficient to meet the principal of
and interest on the bonds as they mature. A certified copy of the
ordinance or resolution providing for the issuance of bonds shall be
filed with the county clerk of the county and constitutes the basis
and authority of the county clerk for the extension and collection of
the tax necessary to pay the principal of and interest upon the bonds
issued under the resolution.
(c) If the proposition does not receive the approval of a
majority of the voters voting at the election on the question, then a
proposition may not be submitted to the voters under this Section
less than 23 months after the date of the election.
Section 1-45. Report. Before March 31 of each calendar year, the
governing authority that has established an open space program must
file with its clerk a report describing the actions taken by the
authority to implement the open space plan. This report shall
include at least the following information:
(1) The amount of taxes levied and received in the
preceding calendar year for the open space plan.
(2) The amount of monies spent in the preceding calendar
year in implementing the open space plan and the specific
purposes for which all monies were spent.
(3) The legal and common descriptions of all open space
lands purchased, leased, or accepted in the preceding calendar
year.
(4) The purpose for which the open space land is being
used.
ARTICLE 5
Section 5-1. Short title. This Article may be cited as the
Farmland Development Rights Law.
Section 5-5. Policy. The General Assembly finds the purchase,
lease, or acceptance of development rights and conservation easements
for farmland and open space preservation to be sound community
planning. This preservation mechanism furthers the more efficient
use of urban space at a time when this objective is made urgent by
the shrinking land base of urban areas, the occurrence of rapid
development in urban areas, and the advancement of building
technology.
Section 5-10. Definitions. As used in this Article:
"Conservation easement" means a nonpossessory interest in real
property imposing limitations or affirmative obligations the purposes
of which include retaining or protecting natural, scenic, or
open-space values of real property, assuring its availability for
agricultural, forest, recreational or open-space use, protecting
natural resources, maintaining or enhancing air or water quality, or
preserving the natural, historical, architectural, archaeological, or
cultural aspects of real property.
"Development rights" means the rights granted to control whether
and to what extent improvements on land are constructed or modified.
"Governing authority" means the corporate authority of a county,
township, or municipality implementing a development rights program
HOUSE OF REPRESENTATIVES 1387
under this Article.
"Open space" has the definition prescribed under Section 1-10 of
the County and Municipal Open Space Law.
"Preservation restriction" means a right, whether or not stated
in the form of a restriction, easement, covenant, or condition, in
any deed, will, or other instrument executed by or on behalf of the
owner of the land or in any order of taking, appropriate to the
preservation of areas, places, buildings, or structures to forbid or
limit acts of demolition, alteration, use, or other acts detrimental
to the preservation of the areas, places, buildings, or structures
according to this Article.
"Unit of local government" means a county, township, or
municipality.
Section 5-15. Powers. This Article may be administered by the
unit of local government or a designated governmental entity, as
provided by ordinance. The governing authority may provide for
farmland or open space preservation by ordinance whether the land is
owned or controlled privately or by any public body, to provide
special conditions, to impose regulations governing its use, and to
adopt other additional measures appropriate for the designated land's
preservation, protection, enhancement, rehabilitation, perpetuation,
or use, which additional measures may include, but are not limited to
the following provisions:
(1) Establishment of procedures authorizing owners of land
to sell development rights or conservation easements to the
governing authority, subject to any conditions appropriate to
secure the purposes of this Article.
(2) The making of leases and subleases (either as lessee or
lessor of property) for periods and upon terms as the unit of
local government deems appropriate.
(3) Inducing, by contract or other consideration, the
creation of covenants or restrictions binding the land.
(4) The acquisition by purchase of less than a fee
interest, including a preservation restriction or conservation
easement, in property so designated.
(5) Cooperative relations, including gifts, contracts, and
conveyances appropriate to the purposes of this Article by and
between the unit of local government and any other governmental
unit and by and between the unit of local government and
not-for-profit organizations that have as one of their objects
the preservation or enhancement of farmland or open space.
(6) Acceptance and administration by the unit of local
government of funds or property transferred in trust to the unit
of local government by an individual, corporation, or other
governmental or private entity for the purpose of aiding, either
in general or in connection with some specific designated
property, the preservation or enhancement of farmland or open
space.
Section 5-20. Development rights or conservation easements.
(a) A preservation restriction or conservation easement shall
not be unenforceable due to the lack of privity of estate or
contract, the lack of benefit to particular land, or the benefit
being assignable or being assigned.
(b) A transfer of development rights or conservation easements
is the transfer by purchase, lease, or gift from an area of all or a
portion of the development rights or conservation easements
applicable to the property, subject to controls necessary to secure
the purposes of this Article.
(c) A governing authority or its governmental designees may
accept donations, bequests, or other transfers of development rights
from the owners of farmland or open space.
1388 JOURNAL OF THE [March 17, 1999]
Section 5-25. Borrowing money; bonds.
(a) The governing authority may borrow money and issue bonds,
after referendum, to purchase or lease development rights or
conservation easements and levy a tax in an amount not to exceed 5%
on the valuation of taxable property to be ascertained by the last
assessment for State and county taxes previous to the incurring of
the indebtedness. The tax levy and extension are subject to the
requirements of the Truth in Taxation Law and the Property Tax
Extension Limitation Law. Whenever the governing authority desires to
issue bonds under this Article, the governing authority shall certify
to the proper election officials the question of whether or not to
issue bonds and impose a tax levy to retire the bonds. The election
officials shall submit to the voters at the next election the
question of whether or not the governing authority shall issue bonds
to purchase or lease development rights or conservation easements and
provide for the levy and collection of a direct annual tax upon all
its taxable property to meet the principal and interest on the bonds
as they mature. The election must be conducted and notice given
according to the Election Code. The question submitted to the voters
at the election must be in substantially the following form:
Shall (name of the unit of local government) issue bonds to
finance the purchase or lease of development rights or
conservation easements and levy and collect property taxes
sufficient to meet the principal and interest on the bonds as
they mature, but not in an amount in excess of 5% on the
valuation of taxable property in (name of the unit of local
government)?
The votes shall be recorded as "Yes" or "No".
(b) If a majority of the voters vote in favor of the question,
then the governing authority may issue bonds as provided in this
Article. The governing authority must then adopt an ordinance or
resolution authorizing the issuance of the bonds that prescribes the
details and states the time or times when the principal and interest
on the bonds become payable and the place of payment of the bonds.
The bonds must be payable within not less than 3 nor more than 40
years from the date of issuance and be issued to bear interest at not
to exceed the maximum rate authorized by the Bond Authorization Act
at the making of the contract. The ordinance or resolution shall
provide for the levy and collection of a direct annual tax upon all
the taxable property within the corporate limits of the unit of local
government sufficient to meet the principal of and interest on the
bonds as they mature. A certified copy of the ordinance or resolution
providing for the issuance of bonds shall be filed with the county
clerk of the county and constitutes the basis and authority of the
county clerk for the extension and collection of the tax necessary to
pay the principal of and interest upon the bonds issued under the
resolution.
(c) If the proposition does not receive the approval of a
majority of the voters voting at the election on the question, then a
proposition may not be submitted to the voters under this Section
less than 23 months after the date of the election.
Section 5-30. Public easements; valuation. An encumbrance or
restriction imposed upon designated property under Section 5-15 is a
public easement, and any depreciation occasioned by these
encumbrances or restrictions may be deducted in the valuation of the
property according to subsection (c) of Section 4 of Article IX of
the Illinois Constitution.".
And on that motion, a vote was taken resulting as follows:
51, Yeas; 63, Nays; 3, Answering Present.
(ROLL CALL 20)
HOUSE OF REPRESENTATIVES 1389
And the motion on the adoption of the amendment was lost.
There being no further amendments, the bill was held on the order
of Second Reading.
HOUSE BILL 1676. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Joseph Lyons offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1676
AMENDMENT NO. 1. Amend House Bill 1676 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by adding Section
18b-112."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by adding
Section 18b-112 as follows:
(625 ILCS 5/18b-112 new)
Sec. 18b-112. Intermodel trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Department" means the Department of State Police.
"Equipment interchange agreement" means a written document
executed by the intermodal equipment provider and operator at the
time the equipment is interchanged by the provider to the operator.
"Equipment provider" means any railroad, railroad subsidiary or
affiliated company, forwarding company, water carrier, steamship
line, vehicle equipment leasing company, or anyone acting as the
agent of such entities authorizing delivery or physical possession of
an intermodal vehicle with a motor carrier.
"Federal motor carrier safety regulations" means regulations
promulgated by the United States Department of Transportation
governing the condition and maintenance of commercial motor vehicles
contained in Title 49 of the United States Code of Federal
Regulations on the day of enactment of this Act or as amended or
revised by the United States Department of Transportation thereafter.
"Interchange" means the act of providing a vehicle to a motor
carrier by an equipment provider for the purpose of transporting the
vehicle for loading or unloading by another party or the
repositioning of the vehicle for the benefit of the equipment
provider. "Interchange" does not include the leasing of the vehicle
by a motor carrier from an owner-operator pursuant to subpart B of
Part 376 of Title 49 of the Code of Federal Regulations or the
leasing of a vehicle to a motor carrier for use in the motor
carrier's over-the-road freight hauling operations.
"Operator" means a motor carrier or driver of a commercial motor
vehicle.
"Vehicle" means an intermodal trailer, chassis, or container.
(b) Responsibility of equipment provider. An equipment provider
shall not interchange or offer for interchange a vehicle with an
operator for use on a highway which vehicle is in violation of the
requirements contained in the federal motor carrier safety
regulations. It is the responsibility of the equipment provider to
inspect and, if a vehicle at the time of inspection does not comply
with all federal motor carrier safety regulation requirements,
perform the necessary repairs on, all vehicles prior to interchanging
or offering for interchange.
(c) Right of inspection by the operator. Before interchanging a
1390 JOURNAL OF THE [March 17, 1999]
vehicle with an operator, an equipment provider must provide the
operator the opportunity and facilities to perform a visual
inspection of the equipment. The operator must determine if it
complies with the provisions of the federal motor carrier safety
regulation capable of being determined from an inspection. If the
operator determines that the vehicle does not comply with the
provisions of the federal motor carrier safety regulations, the
equipment provider shall immediately perform the necessary repairs to
the vehicle so that it complies with the federal motor carrier safety
regulations or shall immediately provide the operator with another
vehicle.
(d) Presumption of defect prior to interchange.
(1) If as a result of a roadside inspection by the
Department, any of the defects listed in paragraph (2) are
discovered, it shall be presumed that the defect existed at the
time of the interchange, unless the violations are due to actions
or omissions of the motor carrier operator after the vehicle was
tendered. If a summons or complaint is issued to the operator,
the operator may seek relief pursuant to paragraph (3).
(2) All of the following defects shall be presumed to have
existed at the time of the interchange, unless the violations are
due to actions or omissions of the motor carrier operator after
the vehicle was tendered:
(A) There is a defect with the brake drum when:
(I) the drum cracks;
(II) the lining is loose or missing; or
(III) the lining is saturated with oil.
(B) There is the a defect of inoperative brakes when:
(I) there is no movement of any components;
(II) there are missing, broken, or loose
components; or
(III) there are mismatched components.
(C) There is a defect with the air lines and tubing
when:
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
crimped.
(D) There is a defect with the reservoir tank when
there is any separation of original attachment points.
(E) There is a defect with the frames when:
(I) there is any cracked, loose, sagging, or
broken frame members which measure one and one-half
inch in web or one inch or longer in bottom flange or
any crack extending from web radius into bottom flange;
or
(II) there is any condition which causes moving
parts to come in contact with the frame.
(F) There is an electrical defect when wires are
chaffed.
(G) There is a defect with the wheel assembly when:
(I) there is low or no oil;
(II) there is oil leakage on brake components;
(III) there are lug nuts that are loose or
missing; or
(IV) the wheel bearings are not properly
maintained.
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the casing; or
(III) there are exposed plys or belting material.
HOUSE OF REPRESENTATIVES 1391
(I) There is defect with rim cracks when:
(I) there is any circumferential crack, except a
manufactured crack; or
(II) there is a lock or side ring cracked, bent,
broken, sprung, improperly seated, or mismatched.
(J) There is a defect with the suspension when:
(I) there are spring assembly leaves broken,
missing, or separated; or
(II) there are spring hanger, u-bolts, or axle
positioning components cracked, broken loose, or
missing.
(K) There is a defect with the chassis locking pins
when there is any twist lock or fitting for securement that
is sprung, broken, or improperly latched.
(3) If an operator receives a citation for a violation due
to a defect in any equipment specified in subsection (b), the
vehicle provider shall reimburse the operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of the
citation, whether the operator is found guilty or not; and
(B) costs incurred by the operator to repair the
defects specified in the citation, including any towing
costs incurred.
The vehicle provider shall reimburse the operator within 30
days of the final court action.
(e) Fines and penalties. Any person violating the provisions of
this Section shall be fined no less than $50 and no more than $500
for each violation.
(f) Obligation of motor carrier. Nothing in this Section is
intended to eliminate the responsibility and obligation of a motor
carrier and operator to maintain and operate vehicles in accordance
with the federal motor carrier safety regulations and applicable
State and local laws and regulations. mt+2
Section 99. Effective date. This Act takes effect on January 1,
2000.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1863. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1863
AMENDMENT NO. 1. Amend House Bill 1863 by replacing the title
with the following:
"AN ACT concerning the Chester Mental Health Center."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Mental Health and Developmental Disabilities
Administrative Act is amended by changing Section 14 as follows:
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and operate a
facility for the care, custody, and treatment of persons with mental
1392 JOURNAL OF THE [March 17, 1999]
illness or habilitation of persons with developmental disabilities
hereinafter designated, to be known as the Chester Mental Health
Center.
Within the Chester Mental Health Center there shall be confined
the following classes of persons, whose history, in the opinion of
the Department, discloses dangerous or violent tendencies and who,
upon examination under the direction of the Department, have been
found a fit subject for confinement in that facility:
(a) Any male person who is charged with the commission of a
crime but has been acquitted by reason of insanity as provided in
Section 5-2-4 of the Unified Code of Corrections.
(b) Any male person who is charged with the commission of a
crime but has been found unfit under Article 104 of the Code of
Criminal Procedure of 1963.
(c) Any male person with mental illness or developmental
disabilities or person in need of mental treatment now confined
under the supervision of the Department or hereafter admitted to
any facility thereof or committed thereto by any court of
competent jurisdiction.
If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine persons
in order to maintain security or provide for the protection and
safety of recipients and staff, the Chester Mental Health Center may
confine all persons on a unit to their rooms. This period of
confinement shall not exceed 10 hours in a 24 hour period, including
the recipient's scheduled hours of sleep, unless approved by the
Secretary of the Department. During the period of confinement, the
persons confined shall be observed at least every 15 minutes. A
record shall be kept of the observations. This confinement shall not
be considered seclusion as defined in the Mental Health and
Developmental Disabilities Code.
If it appears to the facility director of the Chester Mental
Health Center that it is necessary, security devices may be used on
an individual in order to maintain custody or security or to provide
for the safety and protection of recipients and staff. This use of
security devices is not considered restraint as defined in the Mental
Health and Developmental Disabilities Code.
If and when it shall appear to the satisfaction of the Department
that any person confined in the Chester Mental Health Center is not
or has ceased to be such a source of danger to the public as to
require his subjection to the regimen of the center, the Department
is hereby authorized to transfer such person to any State facility
for treatment of persons with mental illness or habilitation of
persons with developmental disabilities, as the nature of the
individual case may require.
Subject to the provisions of this Section, the Department, except
where otherwise provided by law, shall, with respect to the
management, conduct and control of the Chester Mental Health Center
and the discipline, custody and treatment of the persons confined
therein, have and exercise the same rights and powers as are vested
by law in the Department with respect to any and all of the State
facilities for treatment of persons with mental illness or
habilitation of persons with developmental disabilities, and the
recipients thereof, and shall be subject to the same duties as are
imposed by law upon the Department with respect to such facilities
and the recipients thereof.
(Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)".
Floor Amendment No. 2 remained in the Committee on Rules.
Representative Reitz offered the following amendment and moved
HOUSE OF REPRESENTATIVES 1393
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 1863
AMENDMENT NO. 3. Amend House Bill 1863, AS AMENDED, with page
and line number references to House Amendment No. 1, by replacing
lines 29 through 34 on page 2 and line 1 on page 3 with the
following:
"The facility director of the Chester Mental Health Center may
authorize the temporary use of handcuffs on an individual recipient
when necessary in the course of movement of the recipient within the
facility to maintain custody or security, or to provide for the
safety and protection of other recipients and staff. A record shall
be kept of each instance in which handcuffs are used under this
Section, including the circumstances and specific reason for such
use.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 3 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 2163. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Erwin offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2163
AMENDMENT NO. 1. Amend House Bill 2163 on page 1, line 9, by
replacing "must" with "shall have the authority to"; and
on page 1, line 10, by replacing "Chicago" with "Illinois"; and
on page 1, line 11, by replacing "must" with "may"; and
on page 1, line 17, by replacing "City of Chicago" with "Illinois";
and
on page 1, by replacing lines 25 through 27 with "advertisements and
other appropriate means of promotion compatible with international
markets."; and
on page 2, line 1, after "attractions", by inserting "throughout all
regions of the State".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2164. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Curry offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2164
1394 JOURNAL OF THE [March 17, 1999]
AMENDMENT NO. 1. Amend House Bill 2164 as follows:
on page 5, by replacing lines 9 through 21 with the following:
"(l)(n) Contract with any other library or library agency to
carry out the purposes of the State Library. If any such contract
requires payments by user libraries for goods and services, the State
Library may distribute billings from contractors to applicable user
libraries and may receive and distribute payments from user libraries
to contractors. There is hereby created in the State Treasury the
Library Trust Fund, into which all moneys monies payable to
contractors which are received from user libraries under this
paragraph (l) (n) shall be paid. The Treasurer shall pay such funds
to contractors at the direction of the State Librarian.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1181. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Delgado offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1181
AMENDMENT NO. 1. Amend House Bill 1181 on page 1, line 14, after
"upon", by inserting "(i); and
on page 1, line 16, after "comptroller", by inserting "or (ii) its
checks, as defined in Section 3-104 of the Uniform Commercial Code,
signed by its president, secretary, and comptroller and countersigned
by the mayor and city comptroller".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1510. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hannig offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1510
AMENDMENT NO. 1. Amend House Bill 1510 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Correctional Facilities Nursing Services Privatization Regulation
Act.
Section 5. Purpose. It is the purpose of this Act and the
policy of the State to ensure that the residents of the State
correctional facilities receive high quality nursing services at the
lowest possible cost, with due regard for the taxpayers of the State
HOUSE OF REPRESENTATIVES 1395
and the needs of both public and private sector nurses.
Section 10. Definitions. As used in this Act:
"Department" means the Department of Corrections.
"Privatization" means a contract between the Department of
Corrections and a person or firm in the private sector for the
purpose of providing nursing services in Illinois correctional
facilities.
"State nurse" means a registered professional nurse who is a
state employee providing nursing services in Illinois correctional
facilities.
"Displace" means the layoff, demotion, bumping, involuntary
transfer to a new class, title, or location, time based reduction, or
reduction in customary hours of work, wages, or benefits of any State
nurse.
"Cost-effectiveness study" means an analysis conducted in
accordance with the standard methodology comparing the projected cost
of delivering the service under the proposed contract to the cost of
delivering the service in-house. The analysis shall include in the
projected cost of the proposed contract any continuing State costs
associated with the service, such as the costs of inspection,
supervision, and monitoring. The analysis shall exclude from the
cost of delivering the service in-house all overhead costs unless the
costs are attributable solely to the service.
"Firm" means a corporation, partnership, nonprofit organization,
or sole proprietorship.
Section 15. Privatization requirements. Privatization is
permissible to achieve cost savings when all of the following
conditions are met.
(a) The Department of Corrections clearly demonstrates that the
proposed contract will result in actual overall cost savings to the
State, provided that:
(1) In comparing costs, there shall be included the State's
additional cost of providing the same nursing services as
proposed by a contractor. These additional costs shall include
the salaries and benefits of additional nursing staff that would
be needed and the cost of additional space, equipment, and
materials needed to perform the function.
(2) In comparing costs, there shall not be included the
State's indirect overhead costs unless these costs can be
attributed solely to the function in question and would not exist
if that function was not performed in State service. Indirect
overhead costs means the pro rata share of existing
administrative salaries and benefits, rent, equipment costs,
utilities, and materials.
(3) In comparing costs, there shall be included in the cost
of a contractor providing nursing service any continuing State
costs that would be directly associated with the contracted
services. These continuing State costs shall include, but not be
limited to, those for inspection, supervision, and monitoring.
(b) The contract includes specific provisions pertaining to the
qualifications of the registered professional nurse who will perform
the work under contract, as well as assurance that the contractor's
hiring practices meet applicable nondiscrimination and affirmative
action standards.
(c) The contract must provide that the contractor shall not pay
hourly wages and benefits at a rate lower than that provided to State
employees performing comparable nursing services at the entry level
step established by the applicable collective bargaining agreement.
Section 20. Privatization permitted. Privatization initiatives
also shall be permissible when any of the following conditions are
met.
1396 JOURNAL OF THE [March 17, 1999]
(1) The services contracted are not available or cannot be
performed satisfactorily by State nurses, or are of such a highly
specialized or technical nature that the necessary expert knowledge,
experience, and ability is not available in the State workforce.
(2) A private contractor can provide equipment, materials,
facilities, or support services that cannot feasibly be provided by
the State in the location where the nursing services are to be
performed.
(3) The services are of such an urgent, temporary, or occasional
nature that State nurses cannot adequately perform them.
Section 25. Eligibility of contractors. All contractors
submitting bids must submit an eligibility report to the Department,
which shall be available for public inspection upon request. The
report shall include, but not be limited to:
(1) the union status and representation for each registered
professional nurse for the last 2 years;
(2) the ethnic, racial, and gender make-up of its workforce for
the last 2 years; and
(3) a list of the principals of the contractor for the last 4
years.
Section 30. Annual performance reports. All contractors awarded
procurement under Section 15 and 20 of this Act shall submit annual
performance reports to the Department of Corrections, which shall be
available for public inspection upon request. The performance report
shall include, but not be limited to:
(1) payroll records listing the name, work site, hours worked,
hourly wage paid, and fringe benefits paid for each registered
professional nurse;
(2) the union status and representation for each employee;
(3) the ethnic, racial, and gender make-up of the workforce; and
(4) a list of the principals of the contractor for the last
year. The reports shall be public documents available for public
inspection.
Section 35. Withholding reimbursement. When privatization
initiatives are funded under this Act, the Department of Corrections
shall include a withholding clause in the privatization contract
providing the State with the authority to withhold reimbursement if
the contractor fails to comply with Section 30 of this Act.
Section 45. Procedures. Prior to making a decision to contract
registered professional nursing services and at a time that is early
in the period of considering such decisions, the Department of
Corrections shall notify all organizations that represent State
nurses who perform the type of work to be contracted. Any person or
organization that has filed with the Department a request for notice
shall be contacted immediately by the Department so that he or she
may be given a reasonable opportunity to comment on the proposed
contract. Departments or agencies submitting proposed contracts shall
retain and provide all data and other information relevant to the
contracts and necessary for a specific application of the standards
set forth in Section 15. Any employee organization representing
State nurses may request, within 10 days of notification, the
Department to review any contract proposed or executed under Section
15. Upon such a request, the Department shall review the contract
for compliance with the standards specified in Section 15.
Section 50. Other proposed contracts; reviews. The Department
of Central Management Services, at the request of an employee
organization that represents State nurses, shall review the adequacy
of any proposed or executed contract that is of a type enumerated in
Section 15.
Section 65. Worker protection. At Department of Corrections
facilities where medical services are currently provided by a
HOUSE OF REPRESENTATIVES 1397
contractor, and cost analysis demonstrates that the requirements for
privatization set forth in Section 15 of this Act are not met, the
Department shall provide those services directly and shall offer
employment to all staff employed by a contractor at each facility to
perform their same duties for the Department, subject to available
appropriations. The employees shall be granted civil service status
in the appropriate State title and shall be granted seniority credit
for all time employed by a medical contractor at the Department of
Corrections facility for purposes of salary step placement and
accrued benefits only. In no instance shall such employees suffer a
diminution in wages or benefits.
Section 90. Applicability. This Act applies only to contracts
executed or renewed after the effective date of this Act.
Section 95. Severability. The provisions of this Act are
severable under Section 1.31 of the Statutes on Statutes.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 452. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
Representative Hannig offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO HOUSE BILL 452
AMENDMENT NO. 2. Amend House Bill 452 as follows:
on page 1, line 5, after "$1", by inserting the following:
"and other good and valuable consideration, pursuant to and
conditioned upon the execution of an intergovernmental agreement
entered into by the Department of Human Services and the Village of
Tinley Park,"; and
on lines 9 and 26, after "deed" each time it appears, by inserting
the following:
", subject to the condition that should the property conveyed under
this Section ever not be used by the grantee for public purposes,
then title shall revert to the State of Illinois without further
action on the part of the State,".
AMENDMENT NO. 3 TO HOUSE BILL 452
AMENDMENT NO. 3. Amend House Bill 452 on page 47, line 19, by
replacing "." with the following:
";
(76) for a period of 2 years following the effective date of
this amendatory Act of the 91st General Assembly, by the Village
of Lincolnshire, for the purpose of redevelopment within the
downtown area, for the acquisition of property within that area
legally described as follows:
THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH, RANGE 11
1398 JOURNAL OF THE [March 17, 1999]
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE PROPERTY
DESCRIBED IN DOCUMENT NUMBER 2297085 AND THE NORTHERLY LINE OF
HALF DAY ROAD; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE OF
SAID HALF DAY ROAD TO THE INTERSECTION WITH THE WEST LINE OF
STATE ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO THE NORTH
LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST QUARTER OF THE
AFORESAID SECTION 15; THENCE EAST ALONG THE SAID NORTH LINE OF
THE SOUTH 452.20 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 15; THENCE SOUTH ALONG THE SAID EAST LINE TO THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER THEREOF; THENCE WEST
ALONG THE SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST
LINE OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER 263584;
THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE OF CEMETERY TO
THE NORTH EAST CORNER THEREOF; THENCE WEST 297.00 FEET ALONG THE
NORTH LINE OF THE AFORESAID CEMETERY, SAID LINE IS THE MOST
NORTHERLY LINE OF CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A
WEST LINE OF AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE
SOUTH ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID CEMETERY
TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER IS 296.61
FEET SOUTH OF THE SOUTH LINE OF CEMETERY ROAD AS OCCUPIED; THENCE
EAST ALONG THE SOUTH LINE OF VERNON CEMETERY TO THE SOUTH EAST
CORNER THEREOF, SAID SOUTHEAST CORNER ALSO BEING A POINT ON THE
WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084;
THENCE SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A POINT IN
THE WEST LINE (EXTENDED) OF INDIAN CREEK SUBDIVISION (RECORDED AS
DOCUMENT NUMBER 2084U19) THENCE SOUTH ALONG THE WEST LINE AND AN
EXTENSION THEREOF OF INDIAN CREEK CONDOMINIUMS SUBDIVISION TO THE
SOUTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO THE MOST
SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION SAID POINT BEING IN
THE NORTH LINE OF RELOCATED ILLINOIS STATE ROUTE 22; THENCE
NORTHEASTERLY ALONG A SOUTH LINE OF INDIAN CREEK CONDOMINIUM
SUBDIVISION 209.56 FEET, SAID LINE BEING ALSO THE NORTH LINE OF
RELOCATED ILLINOIS STATE ROUTE 22, TO THE SOUTHEAST CORNER OF
INDIAN CREEK CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST
LINE OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO THE
NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE NORTH LINE OF
HALF DAY ROAD TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 15 TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 15 AFORESAID; THENCE SOUTHERLY ALONG AN EASTERLY LINE OF
THE HAMILTON PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT
THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22
(THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 HAVING
AN ASSUMED BEARING OF SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
FOR THIS LEGAL DESCRIPTION); THENCE SOUTH 13 DEGREES 57 MINUTES
09 SECONDS WEST, 519.43 FEET TO A POINT DESCRIBED AS BEARING
NORTH 51 DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 22
AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTH
OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH
05 DEGREES 08 MINUTES 04 SECONDS EAST, 232.01 FEET TO THE MOST
NORTHERLY NORTHEAST CORNER OF MARIOTT DRIVE, ACCORDING TO THE
PLAT OF DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH 42
DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE NORTHWESTERLY LINE
OF SAID HARIOTT DRIVE, 40.70 FEET (RECORD 40.73 FEET) TO AN ANGLE
POINT IN THE NORTH LINE OF SAID MARIOTT DRIVE; THENCE SOUTH
PERPENDICULAR TO AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE
HOUSE OF REPRESENTATIVES 1399
SOUTH LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH LINE OF
MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF WHICH IS THE
EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN CREEK RESUBDIVISION;
THENCE NORTH PERPENDICULAR TO MARIOTT DRIVE TO THE AFOREMENTIONED
POINT ON THE NORTH LINE; THENCE NORTHWESTERLY ON THE EASTERLY
LINE & EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH LINE OF
LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHWESTERLY
PERPENDICULAR TO ILLINOIS ROUTE 21 (MILWAUKEE AVENUE DEDICATED BY
DOCUMENT NUMBER 2129168) TO THE WEST LINE THEREOF; THENCE NORTH
ALONG THE WEST LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE
NORTHEAST CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED LOT 1,
218.50 FEET TO A JOG IN THE NORTH LINE THEREOF; THENCE NORTHERLY
ALONG A WESTERLY LINE OF SAID LOT 1, 20.22 FEET TO A JOG IN THE
NORTH LINE; THENCE WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID
150.42 FEET TO THE NORTHWEST CORNER OF THEREOF; THENCE SOUTH
205.94 FEET ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG
IN THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF LOT 1
TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE SOUTH 91.22
FEET ALONG THE WEST LINE LOT 1 TO THE SOUTHWEST CORNER LOT 1
AFOREMENTIONED; THENCE SOUTHERLY RADIAL TO RELOCATED ILLINOIS
STATE ROUTE 22 TO THE SOUTH LINE THEREOF; THENCE WEST ALONG THE
SOUTH LINE OF RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE OLD HALF
DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41 FEET ALONG A WEST
LINE OF AFORESAID SCHOOL PARCEL TO A CORNER THEREOF; THENCE
NORTHEASTERLY 169.30 FEET ALONG A NORTHERLY LINE OF AFORESAID
SCHOOL PARCEL TO A CORNER THEREOF; THENCE NORTHWESTERLY 242.80
FEET ALONG A WEST LINE TO THE CENTER LINE OF HALF DAY ROAD;
THENCE NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG THE NORTH
LINE OF HALF DAY ROAD TO A POINT SAID POINT IS A BEND IN THE WEST
LINE OF PROPERTY DESCRIBED BY DOCUMENT NUMBER 2600952; THENCE
NORTHWESTERLY 7.82 CHAINS ALONG THE WEST LINE AFOREMENTIONED TO
THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO
THE NORTHEAST CORNER OF THE SAID PROPERTY THENCE SOUTHEASTERLY
ALONG THE EASTERLY LINE OF AFORESAID PROPERTY TO THE NORTHWEST
CORNER OF PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085; THENCE
EAST 2.27 CHAINS ALONG THE NORTH LINE OF AFOREMENTIONED PROPERTY
TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE
OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF BEGINNING, (EXCEPT
THEREFROM THE TRACT OF LAND AS DESCRIBED BY DOCUMENT NUMBER
1141157 AND MILWAUKEE AVE. ADJACENT THERETO) ALL IN LAKE COUNTY,
ILLINOIS;
(77) for a period of 24 months after the effective date of
this amendatory Act of the 91st General Assembly, by the County
of Lake, for the acquisition of necessary right-of-way to
complete the improvement of the intersection of County Highway 47
(9th Street) and County Highway 27 (Lewis Avenue);
(78) for a period of 24 months after the effective date of
this amendatory Act of the 91st General Assembly, by the County
of Lake, for the acquisition of necessary right-of-way to
complete the improvement of the various intersections and
roadways involved in the project to improve County Highway 70
(Hawley Street), County Highway 26 (Gilmer Road), and County
Highway 62 (Fremont Center Road) at and near Illinois Route
176.".
The motion prevailed and the amendments were adopted and ordered
1400 JOURNAL OF THE [March 17, 1999]
printed.
Floor Amendments numbered 4, 5 and 6 remained in the Committee on
Rules.
There being no further amendments, the foregoing Amendments
numbered 2 and 3 were ordered engrossed; and the bill, as amended,
was held on the order of Second Reading.
HOUSE BILL 1707. Having been recalled on March 12, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Fritchey offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1707
AMENDMENT NO. 1. Amend House Bill 1707 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 2-119 and adding Section 3-806.5 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31, 1994,
of the money collected for each certificate of title, duplicate
certificate of title and corrected certificate of title, $0.50 shall
be deposited into the Used Tire Management Fund. Beginning January
1, 1990 and concluding December 31, 1994, of the money collected for
each certificate of title, duplicate certificate of title and
corrected certificate of title, $1.50 shall be deposited in the Park
and Conservation Fund. Beginning January 1, 1995, of the money
collected for each certificate of title, duplicate certificate of
title and corrected certificate of title, $2 shall be deposited in
the Park and Conservation Fund. The moneys deposited in the Park and
Conservation Fund pursuant to this Section shall be used for the
acquisition and development of bike paths as provided for in Section
63a36 of the Civil Administrative Code of Illinois. Except as
otherwise provided in this Code, all remaining moneys collected for
certificates of title, and all moneys collected for filing of
security interests, shall be placed in the General Revenue Fund in
the State Treasury.
(c) All moneys collected for that portion of a driver's license
fee designated for driver education under Section 6-118 shall be
placed in the Driver Education Fund in the State Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
motorized pedalcycle, 27% of each annual registration fee for such
vehicle and 27% of each semiannual registration fee for such vehicle
is deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary under
paragraph (7) of subsection (b) of Section 5-101, and Section 5-109,
and Section 3-806.5 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction permit or
original or renewal issuance of a commercial driver's license (CDL)
pursuant to the Uniform Commercial Driver's License Act (UCDLA), $6
of the total fee for an original or renewal CDL, and $6 of the total
HOUSE OF REPRESENTATIVES 1401
CDL instruction permit fee when such permit is issued to any person
holding a valid Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License Information
System/American Association of Motor Vehicle Administrators network
Trust Fund) and shall be used for the purposes provided in Section
6z-23 of the State Finance Act.
(g) All remaining moneys received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary under
paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of
this Code, shall be deposited in the Road Fund in the State Treasury.
Moneys in the Road Fund shall be used for the purposes provided in
Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund to be
known as the Secretary of State Special License Plate Fund. Money
deposited into the Fund shall, subject to appropriation, be used by
the Office of the Secretary of State (i) to help defray plate
manufacturing and plate processing costs for the issuance and, when
applicable, renewal of any new or existing special registration
plates authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall direct
the State Comptroller and State Treasurer to transfer any unexpended
balance in the Special Environmental License Plate Fund, the Special
Korean War Veteran License Plate Fund, and the Retired Congressional
License Plate Fund to the Secretary of State Special License Plate
Fund.
(l) The Motor Vehicle Review Board Fund is created as a special
fund in the State Treasury. Moneys deposited into the Fund under
paragraph (7) of subsection (b) of Section 5-101 and Section 5-109
shall, subject to appropriation, be used by the Office of the
Secretary of State to administer the Motor Vehicle Review Board,
including without limitation payment of compensation and all
necessary expenses incurred in administering the Motor Vehicle Review
Board under the Motor Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family Responsibility
Fund. Moneys deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of State for
the purpose of enforcing the Family Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as a
special fund in the State Treasury. Moneys deposited into the Fund
shall, subject to appropriation, be used by the Office of the State
Fire Marshal for construction of the Illinois Fire Fighters' Memorial
to be located at the State Capitol grounds in Springfield, Illinois.
Upon the completion of the Memorial, the Office of the State Fire
Marshal shall certify to the State Treasurer that construction of the
Memorial has been completed.
(o) Of the money collected for each certificate of title for
all-terrain vehicles and off-highway motorcycles, $17 shall be
deposited into the Off-Highway Vehicle Trails Fund.
(p) Of the moneys collected for late vehicle registration
renewal fees pursuant to Section 3-806.5, $32 of each late renewal
fee shall be deposited into the Road Fund and $16 of each late
renewal fee shall be deposited into the Live and Learn Fund.
(Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95; 89-282, eff.
8-10-95; 89-612, eff. 8-9-96; 89-626, eff. 8-9-96; 89-639, eff.
1-1-97; 90-14, eff. 7-1-97; 90-287, eff. 1-1-98; 90-622, eff.
1402 JOURNAL OF THE [March 17, 1999]
1-1-99.)
(625 ILCS 5/3-806.5 new)
Sec. 3-806.5. Late renewal of registration; fee. Every owner of
a motor vehicle that is registered for a term pursuant to Section
3-414.1 who fails to renew the vehicle's registration fee within 45
days after its expiration, shall be charged $48 for late registration
of the motor vehicle, in addition to any other fees. The additional
moneys collected from this $48 late renewal fee shall be deposited as
provided in subsection (p) of Section 2-119 of this Code.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Younge, HOUSE
BILL 2314 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Art Turner,
HOUSE BILL 144 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1112. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1112
AMENDMENT NO. 1. Amend House Bill 1112 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by adding Section
6-306.7."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by adding
Section 6-306.7 as follows:
(625 ILCS 5/6-306.7 new)
Sec. 6-306.7. Written promise instead of bail.
(a) Except as indicated in subsection (b) of this Section, any
person cited by a police officer for violating a provision of this
Code or a similar provision of a local ordinance shall have the
option of being taken, without unnecessary delay, before a court of
jurisdiction or executing a written promise to comply with the terms
of the citation by signing at least one copy of the Uniform Traffic
Ticket prepared by the police officer, unless one of the following
conditions applies:
(i) the person cannot furnish satisfactory evidence of
identity; or
(ii) the police officer has probable cause to believe the
person will disregard the written promise to comply with the
HOUSE OF REPRESENTATIVES 1403
citation; or
(iii) the police officer determines that the person should
be required to deposit a valid driver's license or otherwise
comply with the bail requirements of this Article III rather than
execute a written promise under this subsection (a).
(b) Any person cited for violating the following provisions of
this Code or a similar provision of local ordinances shall be
governed by the bail provisions of the Illinois Supreme Court Rules
when it is not practical or feasible to take the person before a
judge to have bail set or to avoid undue delay because of the hour or
circumstances: Section 3-101, Section 3-702, Section 3-707, Section
3-708, Section 3-710, Chapter 4, Chapter 5, Section 6-101, Section
6-104, Section 6-113, Section 6-301, Section 6-303, Section 8-115,
Section 11-204, Section 11-310, Section 11-311, Section 11-312,
Section 11-401, Section 11-402, Section 11-403, Section 11-404,
Section 11-409, Section 11-501, Section 11-503, Section 11-504,
Section 11-601 when more than 30 m.p.h. over the posted limit,
Section 11-1006, Section 11-1414, Section 15-102, Section 15-103,
Section 15-107, 15-111, subsection (f) of Section 15-112, or
subsection (j) of Section 15-301.
(c) If the person does not execute the written promise to comply
with the original terms of the citation as indicated in subsection
(a), the court shall continue the case for a minimum of 30 days and
require that a notice of the continued date be sent to the last known
address of the person. If the person does not appear or otherwise
satisfy the court on or before the continued court date, the court
shall enter an order of failure to answer the charge. The clerk of
the court shall notify the Secretary of State of the court's order
within 21 days.
The Secretary of State, when notified by the clerk of the court
that an order has been issued, shall, in the case of an Illinois
licensed driver or unlicensed resident of this State, suspend the
driving privileges of the person without a hearing and shall not
remove the suspension nor issue a restricted driving permit until
after formal notification by the court of jurisdiction that the
person has appeared or otherwise executed the written promise to
comply with the terms of the original citation. If the person is not
an Illinois licensed driver or resident, the Secretary of State shall
notify the appropriate driver's licensing authority in the state
where the person is licensed to drive or, if unlicensed, then in the
state where the person resides.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Art Turner, HOUSE BILL 402 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
70, Yeas; 45, Nays; 1, Answering Present.
(ROLL CALL 21)
1404 JOURNAL OF THE [March 17, 1999]
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative O'Connor, HOUSE BILL 2723 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 22)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 943. Having been read by title a second time on May
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Local
Government, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 943
AMENDMENT NO. 1. Amend House Bill 943 on page 1, by replacing
the title with the following:
"AN ACT to amend the Home Equity Assurance Act by changing
Section 11."; and
and by replacing everything after the enacting clause with the
following:
"Section 5. The Home Equity Assurance Act is amended by changing
Section 11 as follows:
(65 ILCS 95/11) (from Ch. 24, par. 1611)
Sec. 11. Guarantee Fund.
(a) Each governing commission and program created by referendum
under the provisions of this Act shall maintain a guarantee fund for
the purposes of paying the costs of administering the program and
extending protection to members pursuant to the limitations and
procedures set forth in this Act.
(b) The guarantee fund shall be raised by means of an annual tax
levied on all residential property within the territory of the
program having at least one, but not more than 6 dwelling units and
classified by county ordinance as residential. The rate of this tax
may be changed from year to year by majority vote of the governing
commission but in no case shall it exceed a rate of .12% of the
equalized assessed valuation of all property in the territory of the
program having at least one, but not more than 6 dwelling units and
classified by county ordinance as residential, or the maximum tax
rate approved by the voters of the territory at the referendum which
created the program or, in the case of a merged program, the maximum
tax rate approved by the voters at the referendum authorizing the
merger, whichever rate is lower. The commissioners shall cause the
amount to be raised by taxation in each year to be certified to the
county clerk in the manner provided by law, and any tax so levied and
certified shall be collected and enforced in the same manner and by
the same officers as those taxes for the purposes of the county and
city within which the territory of the commission is located. Any
HOUSE OF REPRESENTATIVES 1405
such tax, when collected, shall be paid over to the proper officer of
the commission who is authorized to receive and receipt for such tax.
The governing commission may issue tax anticipation warrants against
the taxes to be assessed for the calendar year in which the program
is created and for the first full calendar year after the creation of
the program.
(c) The moneys deposited in the guarantee fund shall, as nearly
as practicable, be fully and continuously invested or reinvested by
the governing commission in investment obligations which shall be in
such amounts, and shall mature at such times, that the maturity or
date of redemption at the option of the holder of such investment
obligations shall coincide, as nearly as practicable, with the times
at which monies will be required for the purposes of the program.
For the purposes of this Section investment obligation shall mean
direct general municipal, state, or federal obligations which at the
time are legal investments under the laws of this State and the
payment of principal of and interest on which are unconditionally
guaranteed by the governing body issuing them.
(d) Except as permitted by this subsection, the guarantee fund
shall be used solely and exclusively for the purpose of providing
guarantees to members of the particular Guaranteed Home Equity
Program and for reasonable salaries, expenses, bills, and fees
incurred in administering the program, and shall be used for no other
purpose.
A governing commission with no less than $4,000,000 in its
guarantee fund may by resolution establish a Low Interest Home
Improvement Loan Program, to be administered with funds collected
under the Guaranteed Home Equity Program, subject to the following
conditions:
(1) At any given time, the cumulative total of all loans
and loan guarantees (if applicable) issued under this program may
not exceed one-quarter of the aggregate balance of the taxes
collected under the Guaranteed Home Equity Program.
(2) Only eligible applicants may apply for a loan.
(3) The loan must be used for the repair, maintenance,
remodeling, alteration, or improvement of a guaranteed residence.
This condition is not intended to exclude the repair,
maintenance, remodeling, alteration, or improvement of a
guaranteed residence's landscape. This condition is intended to
exclude the demolition of a current residence. This condition is
also intended to exclude the construction of a new residence.
(4) An eligible applicant may not borrow more than the
amount of equity value in his or her residence, but may
participate in the loan program more than once, as long as the
total amount that the individual owes does not exceed the equity
value of his or her residence.
(5) A commission must ensure that loans issued are secured
with collateral that is at least equal to the amount of the loan
or loan guarantee.
(6) A commission shall charge an interest rate which it
determines to be below the market rate of interest generally
available to the applicant.
(7) A commission may, by resolution, establish other
administrative rules and procedures as are necessary to implement
this program including, but not limited to, loan dollar amounts
and terms. A commission may also impose on loan applicants a
one-time application fee for the purpose of defraying the costs
of administering the program.
(e) The guarantee fund shall be maintained, invested, and
expended exclusively by the governing commission of the program for
whose purposes it was created. Under no circumstance shall the
1406 JOURNAL OF THE [March 17, 1999]
guarantee fund be used by any person or persons, governmental body,
or public or private agency or concern other than the governing
commission of the program for whose purposes it was created. Under no
circumstances shall the guarantee fund be commingled with other funds
or investments.
(e-1) No commissioner or family member of a commissioner, or
employee or family member of an employee, may receive any financial
benefit, either directly or indirectly, from the guarantee fund.
Nothing in this subsection (e-1) shall be construed to prohibit
payment of expenses to a commissioner in accordance with Section 4 or
payment of salaries or expenses to an employee in accordance with
this Section.
As used in this subsection (e-1), "family member" means a spouse,
child, stepchild, parent, brother, or sister of a commissioner or a
child, stepchild, parent, brother, or sister of a commissioner's
spouse.
(f) An independent audit of the guarantee fund and the
management of the program shall be conducted annually and made
available to the public through any office of the governing
commission or a public facility such as a local public library
located within the territory of the program.
(Source: P.A. 88-439.)".
Representative Madigan offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 943
AMENDMENT NO. 2. Amend House Bill 943, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
3, by replacing lines 10 through 14 with the following:
"A governing commission, with no less than $4,000,000 in its
guarantee fund, may by resolution, duly adopted by a majority of the
governing commission, establish a Low Interest Home Improvement Loan
Program. The program shall be administered with funds collected
under the Guaranteed Home Equity Program, subject to the following
conditions:".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Younge, HOUSE BILL 2680 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
72, Yeas; 41, Nays; 2, Answering Present.
(ROLL CALL 23)
HOUSE OF REPRESENTATIVES 1407
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Woolard, HOUSE BILL 882 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
94, Yeas; 21, Nays; 0, Answering Present.
(ROLL CALL 24)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Smith, HOUSE BILL 2631 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
90, Yeas; 26, Nays; 0, Answering Present.
(ROLL CALL 25)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Woolard, HOUSE BILL 1730 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 26)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 626. Having been read by title a second time on March
12, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Health
Care Availability & Access, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 626
AMENDMENT NO. 1. Amend House Bill 626 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Managed
Care Reform Act.
Section 5. Definitions. For purposes of this Act, the following
words shall have the meanings provided in this Section, unless
otherwise indicated:
"Adverse determination" means a determination by a utilization
review program that an admission, extension of a stay, or other
health care service has been reviewed and, based on the information
provided, is not medically necessary.
1408 JOURNAL OF THE [March 17, 1999]
"Clinical" means medical, nursing, or other health care
professional opinion, decision, or judgment.
"Clinical peer reviewer" or "clinical personnel" means:
(1) in the case of physician reviewers, a State licensed
physician who is of the same category in the same or similar
specialty as the health care provider who typically manages the
medical condition, procedure or treatment under review; or
(2) in the case of non-physician reviewers, a State
licensed or registered health care professional who is in the
same profession and same or similar specialty as the health care
provider who typically manages the medical condition, procedure,
or treatment under review.
Nothing herein shall be construed to change any statutorily
defined scope of practice.
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
"Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including but not limited to severe pain) such that a prudent
layperson, who possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical attention to
result in:
(1) placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn child)
in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency medical screening examination" means a medical
screening examination and evaluation by a physician licensed to
practice medicine in all its branches or, to the extent permitted by
applicable laws, by other appropriate personnel under the supervision
of or in collaboration with a physician licensed to practice medicine
in all its branches to determine whether the need for emergency
services exists.
"Emergency services" means, with respect to an enrollee of a
managed care plan, transportation services and covered inpatient and
outpatient hospital services furnished by a provider qualified to
furnish those services that are needed to evaluate or stabilize an
emergency medical condition. "Emergency services" does not refer to
post-stabilization medical services.
"Enrollee" means a person enrolled in a managed care plan.
"Health care professional" means a physician, registered
professional nurse, or other person appropriately licensed or
registered pursuant to the laws of this State to provide health care
services.
"Health care provider" means a health care professional,
hospital, facility, or other person appropriately licensed or
otherwise authorized to furnish health care services or arrange for
the delivery of health care services in this State.
"Health care services" means any services included in the
furnishing to any individual of medical care, or the hospitalization
or incident to the furnishing of such care or hospitalization as well
as the furnishing to any person of any and all other services for the
purpose of preventing, alleviating, curing, or healing human illness
or injury including home health and pharmaceutical services and
products.
"Informal policy or procedure" means a nonwritten policy or
procedure, the existence of which may be proven by an admission of an
authorized agent of a managed care plan or statistical evidence
supported by anecdotal evidence.
"Managed care plan" means a plan that establishes, operates, or
HOUSE OF REPRESENTATIVES 1409
maintains a network of health care providers that have entered into
agreements with the plan to provide health care services to enrollees
where the plan has the ultimate obligation to the enrollee to arrange
for the provision of or pay for services through:
(1) organizational arrangements for ongoing quality
assurance, utilization review programs, or dispute resolution; or
(2) financial incentives for persons enrolled in the plan
to use the participating providers and procedures covered by the
plan.
A managed care plan may be established or operated by any entity
including, but not necessarily limited to, a licensed insurance
company, hospital or medical service plan, health maintenance
organization, limited health service organization, preferred provider
organization, third party administrator, independent practice
association, or employer or employee organization.
For purposes of this definition, "managed care plan" shall not
include the following:
(1) strict indemnity health insurance policies or plans
issued by an insurer that does not require approval of a primary
care provider or other similar coordinator to access health care
services;
(2) managed care plans that offer only dental or vision
coverage;
(3) employee or employer self-insured health benefit plans
preempted from State regulation under the federal Employee
Retirement Income Security Act of 1974;
(4) not-for-profit health maintenance organizations in
existence as of January 1, 1999 and affiliated with a union
which only extend coverage to union members; and
(5) health care provided pursuant to the Workers'
Compensation Act or the Workers' Occupational Diseases Act.
"Medical director" means a physician licensed in any state to
practice medicine in all its branches appointed by a managed care
plan.
"Person" means a corporation, association, partnership, limited
liability company, sole proprietorship, or any other legal entity.
"Physician" means a person licensed under the Medical Practice
Act of 1987.
"Post-stabilization medical services" means health care services
provided to an enrollee that are furnished in a licensed hospital by
a physician or health care provider that is qualified to furnish such
services, and determined to be medically necessary and directly
related to the emergency medical condition following stabilization.
"Primary care" means the provision of a broad range of personal
health care services (preventive, diagnostic, curative, counseling,
or rehabilitative) in a manner that is accessible and comprehensive
and coordinated by a physician licensed to practice medicine in all
its branches.
"Primary care physician" means a physician who has contracted
with a managed care plan to provide primary care services as defined
by the contract and who is a physician licensed to practice medicine
in all of its branches. Nothing in this definition shall be construed
to prohibit a managed care plan from requiring a physician to meet a
managed care plan's criteria in order to coordinate access to health
care.
"Stabilization" means, with respect to an emergency medical
condition, to provide such medical treatment of the condition as may
be necessary to assure, within reasonable medical probability, that
no material deterioration of the condition is likely to result from
or occur during the transfer of the enrollee from a facility.
"Specialist" means a health care professional who concentrates
1410 JOURNAL OF THE [March 17, 1999]
practice in a recognized specialty field of care.
"Utilization review" means the evaluation of the medical
necessity, appropriateness, and efficiency of the use of health care
services, procedures, and facilities.
"Utilization review program" means a program established by a
person to perform utilization review.
Section 10. Disclosure of information.
(a) An enrollee, and upon request a prospective enrollee prior
to enrollment, shall be supplied with written disclosure information,
containing at least the information specified in this Section, if
applicable, which may be incorporated into the member handbook or the
enrollee contract or certificate. All written descriptions shall be
in readable and understandable format, consistent with standards
developed for supplemental insurance coverage under Title XVIII of
the Social Security Act. The Department shall promulgate rules to
standardize this format so that potential enrollees can compare the
attributes of the various managed care plans. In the event of any
inconsistency between any separate written disclosure statement and
the enrollee contract or certificate, the terms of the enrollee
contract or certificate shall be controlling. The information to be
disclosed shall include, at a minimum, all of the following:
(1) A description of coverage provisions, health care
benefits, benefit maximums, including benefit limitations, and
exclusions of coverage, including the definition of medical
necessity used in determining whether benefits will be covered.
(2) A description of all prior authorization or other
requirements for treatments, pharmaceuticals, and services.
(3) A description of utilization review policies and
procedures used by the managed care plan, including the
circumstances under which utilization review will be undertaken,
the toll-free telephone number of the utilization review program,
the timeframes under which utilization review decisions must be
made for prospective, retrospective, and concurrent decisions,
the right to reconsideration, the right to an appeal, including
the expedited and standard appeals processes and the timeframes
for those appeals, the right to designate a representative, a
notice that all denials of claims will be made by clinical
personnel, and that all notices of denials will include
information about the basis of the decision and further appeal
rights, if any.
(4) A description prepared annually of the types of
methodologies the managed care plan uses to reimburse providers
specifying the type of methodology that is used to reimburse
particular types of providers or reimburse for the provision of
particular types of services, provided, however, that nothing in
this item should be construed to require disclosure of individual
contracts or the specific details of any financial arrangement
between a managed care plan and a health care provider.
(5) An explanation of a enrollee's financial responsibility
for payment of premiums, coinsurance, co-payments, deductibles,
and any other charges, annual limits on an enrollee's financial
responsibility, caps on payments for covered services and
financial responsibility for non-covered health care procedures,
treatments, or services provided within the managed care plan.
(6) An explanation of an enrollee's financial
responsibility for payment when services are provided by a health
care provider who is not part of the managed care plan or by any
provider without required authorization or when a procedure,
treatment, or service is not a covered health care benefit.
(7) A description of the grievance procedures to be used to
resolve disputes between a managed care plan and an enrollee,
HOUSE OF REPRESENTATIVES 1411
including the right to file a grievance regarding any dispute
between an enrollee and a managed care plan, the right to file a
grievance orally when the dispute is about referrals or covered
benefits, the toll-free telephone number that enrollees may use
to file an oral grievance, the timeframes and circumstances for
expedited and standard grievances, the right to appeal a
grievance determination and the procedures for filing the appeal,
the timeframes and circumstances for expedited and standard
appeals, the right to designate a representative, a notice that
all disputes involving clinical decisions will be made by
clinical personnel, and that all notices of determination will
include information about the basis of the decision and further
appeal rights, if any.
(8) A description of the procedure for providing care and
coverage 24 hours a day for emergency services. The description
shall include the definition of emergency services, notice that
emergency services are not subject to prior approval, and an
explanation of the enrollee's financial and other
responsibilities regarding obtaining those services, including
when those services are received outside the managed care plan's
service area.
(9) A description of procedures for enrollees to select and
access the managed care plan's primary and specialty care
providers, including notice of how to determine whether a
participating provider is accepting new patients.
(10) A description of the procedures for changing primary
and specialty care providers within the managed care plan.
(11) Notice that an enrollee may obtain a referral to a
health care provider outside of the managed care plan's network
or panel when the managed care plan does not have a health care
provider with appropriate training and experience in the network
or panel to meet the particular health care needs of the enrollee
and the procedure by which the enrollee can obtain the referral.
(12) Notice that an enrollee with a condition that requires
ongoing care from a specialist may request a standing referral to
the specialist and the procedure for requesting and obtaining a
standing referral.
(13) Notice that an enrollee with (i) a life-threatening
condition or disease or (ii) a degenerative or disabling
condition or disease, either of which requires specialized
medical care over a prolonged period of time, may request a
specialist responsible for providing or coordinating the
enrollee's medical care and the procedure for requesting and
obtaining the specialist.
(14) A description of the mechanisms by which enrollees may
participate in the development of the policies of the managed
care plan.
(15) A description of how the managed care plan addresses
the needs of non-English speaking enrollees.
(16) Notice of all appropriate mailing addresses and
telephone numbers to be utilized by enrollees seeking information
or authorization.
(17) A listing by specialty, which may be in a separate
document that is updated annually, of the name, address, and
telephone number of all participating providers, including
facilities, and, in addition, in the case of physicians, category
of license and board certification, if applicable.
(b) Upon request of an enrollee or prospective enrollee, a
managed care plan shall do all of the following:
(1) Provide a list of the names, business addresses, and
official positions of the members of the board of directors,
1412 JOURNAL OF THE [March 17, 1999]
officers, controlling persons, owners, and partners of the
managed care plan.
(2) Provide a copy of the most recent annual certified
financial statement of the managed care plan, including a balance
sheet and summary of receipts and disbursements and the ratio of
(i) premium dollars going to administrative expenses to (ii)
premium dollars going to direct care, prepared by a certified
public accountant. The Department shall promulgate rules to
standardize the information that must be contained in the
statement and the statement's format.
(3) Provide information relating to consumer complaints
compiled in accordance with subsection (b) of Section 25 of this
Act and the rules promulgated under this Act.
(4) Provide the procedures for protecting the
confidentiality of medical records and other enrollee
information.
(5) Allow enrollees and prospective enrollees to inspect
drug formularies used by the managed care plan and disclose
whether individual drugs are included or excluded from coverage
and whether a drug requires prior authorization. An enrollee or
prospective enrollee may seek information as to the inclusion or
exclusion of a specific drug. A managed care plan need only
release the information if the enrollee or prospective enrollee
or his or her dependent needs, used, or may need or use the drug.
(6) Provide a written description of the organizational
arrangements and ongoing procedures of the managed care plan's
quality assurance program.
(7) Provide a description of the procedures followed by the
managed care plan in making decisions about the experimental or
investigational nature of individual drugs, medical devices, or
treatments in clinical trials.
(8) Provide individual health care professional
affiliations with participating hospitals, if any.
(9) Upon written request, provide specific written clinical
review criteria relating to a particular condition or disease
and, where appropriate, other clinical information that the
managed care plan might consider in its utilization review; the
managed care plan may include with the information a description
of how it will be used in the utilization review process. An
enrollee or prospective enrollee may seek information as to
specific clinical review criteria. A managed care plan need only
release the information if the enrollee or prospective enrollee
or his or her dependent has, may have, or is at risk of
contracting a particular condition or disease.
(10) Provide the written application procedures and minimum
qualification requirements for health care providers to be
considered by the managed care plan.
(11) Disclose other information as required by the
Director.
(12) To the extent the information provided under item (5)
or (9) of this subsection is proprietary to the managed care
plan, the enrollee or prospective enrollee shall only use the
information for the purposes of assisting the enrollee or
prospective enrollee in evaluating the covered services provided
by the managed care plan. Any misuse of proprietary data is
prohibited, provided that the managed care plan has labeled or
identified the data as proprietary.
(c) Nothing in this Section shall prevent a managed care plan
from changing or updating the materials that are made available to
enrollees or prospective enrollees.
(d) If a primary care provider ceases participation in the
HOUSE OF REPRESENTATIVES 1413
managed care plan, the managed care plan shall provide written notice
within 15 business days from the date that the managed care plan
becomes aware of the change in status to each of the enrollees who
have chosen the provider as their primary care provider. If an
enrollee is in an ongoing course of treatment with any other
participating provider who becomes unavailable to continue to provide
services to the enrollee and the managed care plan is aware of the
ongoing course of treatment, the managed care plan shall provide
written notice within 15 business days from the date that the managed
care plan becomes aware of the unavailability to the enrollee. The
notice shall also describe the procedures for continuing care.
(e) A managed care plan offering to indemnify enrollees for
non-participating provider services shall file a report with the
Director twice a year showing the percentage utilization for the
preceding 6 month period of non-participating provider services in
such form and providing such other information as the Director shall
prescribe.
(f) The written information disclosure requirements of this
Section may be met by disclosure to one enrollee in a household.
Section 15. General grievance procedure.
(a) A managed care plan shall establish and maintain a grievance
procedure, as described in this Act. Compliance with this Act's
grievance procedures shall satisfy a managed care plan's obligation
to provide grievance procedures under any other State law or rules.
A copy of the grievance procedures, including all forms used to
process a grievance, shall be filed with the Director. Any
subsequent material modifications to the documents also shall be
filed. In addition, a managed care plan shall file annually with the
Director a certificate of compliance stating that the managed care
plan has established and maintains, for each of its plans, grievance
procedures that fully comply with the provisions of this Act. The
Director has authority to disapprove a filing that fails to comply
with this Act or applicable rules.
(b) A managed care plan shall provide written notice of the
grievance procedure to all enrollees in the member handbook and to an
enrollee at any time that the managed care plan denies access to a
referral or determines that a requested benefit is not covered
pursuant to the terms of the contract. In the event that a managed
care plan denies a service as an adverse determination, the managed
care plan shall inform the enrollee or the enrollee's designee of the
appeal rights under this Act.
The notice to an enrollee describing the grievance process shall
explain the process for filing a grievance with the managed care
plan, the timeframes within which a grievance determination must be
made, and the right of an enrollee to designate a representative to
file a grievance on behalf of the enrollee. Information required to
be disclosed or provided under this Section must be provided in a
reasonable and understandable format.
The managed care plan shall assure that the grievance procedure
is reasonably accessible to those who do not speak English.
(c) A managed care plan shall not retaliate or take any
discriminatory action against an enrollee because an enrollee has
filed a grievance or appeal or requested an external independent
review.
Section 20. Grievance review.
(a) The managed care plan may require an enrollee to file a
grievance in writing, by letter or by a grievance form which shall be
made available by the managed care plan, however, an enrollee must be
allowed to submit an oral grievance in connection with (i) a denial
of, or failure to pay for, a referral or service or (ii) a
determination as to whether a benefit is covered pursuant to the
1414 JOURNAL OF THE [March 17, 1999]
terms of the enrollee's contract. A grievance may also be filed by a
health care professional or health care provider. In connection with
the submission of an oral grievance, a managed care plan shall,
within 24 hours, reduce the complaint to writing and give the
enrollee written acknowledgment of the grievance prepared by the
managed care plan summarizing the nature of the grievance and
requesting any information that the enrollee needs to provide before
the grievance can be processed. The acknowledgment shall be mailed
within the 24-hour period to the enrollee, who shall sign and return
the acknowledgment, with any amendments and requested information, in
order to initiate the grievance. The grievance acknowledgment shall
prominently state that the enrollee must sign and return the
acknowledgment to initiate the grievance. A managed care plan may
elect not to require a signed acknowledgment when no additional
information is necessary to process the grievance, and an oral
grievance shall be initiated at the time of the telephone call.
Except as authorized in this subsection, a managed care plan
shall designate personnel to accept the filing of an enrollee's
grievance by toll-free telephone no less than 40 hours per week
during normal business hours and shall have a telephone system
available to take calls during other than normal business hours and
shall respond to all such calls no later than the next business day
after the call was recorded. In the case of grievances subject to
item (i) of subsection (b) of this Section, telephone access must be
available on a 24 hour a day, 7 day a week basis.
(b) Within 48 hours of receipt of a written grievance, the
managed care plan shall provide written acknowledgment of the
grievance, including the name, address, qualifying credentials, and
telephone number of the individuals or department designated by the
managed care plan to respond to the grievance. All grievances shall
be resolved in an expeditious manner, and in any event, no more than
(i) 24 hours after the receipt of all necessary information when a
delay would significantly increase the risk to an enrollee's health
or when extended health care services, procedures, or treatments for
an enrollee undergoing a course of treatment prescribed by a health
care provider are at issue, (ii) 15 days after the receipt of all
necessary information in the case of requests for referrals or
determinations concerning whether a requested benefit is covered
pursuant to the contract, and (iii) 30 days after the receipt of all
necessary information in all other instances.
(c) The managed care plan shall designate one or more qualified
personnel to review the grievance. When the grievance pertains to
medical or clinical matters, the personnel shall include, but not be
limited to, one or more appropriately licensed or registered health
care professionals. When the grievance pertains to non-medical or
non-clinical matters, the personnel making the determination must
have had no involvement in the initial determination and be at a
higher level than the personnel who made the initial grievance
determination.
(d) The notice of a determination of the grievance shall be made
in writing to the enrollee or to the enrollee's designee. In the
case of a determination made in conformance with item (i) of
subsection (b) of this Section, notice shall be made by telephone
directly to the enrollee with written notice to follow within 2
business days.
(e) The notice of a determination shall include (i) clear and
detailed reasons for the determination, including any contract basis
for the determination, and the evidence relied upon in making that
determination, (ii) in cases where the determination has a medical or
clinical basis, the medical or clinical criteria for the
determination, and (iii) the procedures for the filing of an appeal
HOUSE OF REPRESENTATIVES 1415
of the determination, including a form for the filing of an appeal,
requesting an external independent review, and filing a complaint
with the Department of Insurance.
Section 25. Grievance and complaint registry.
(a) A managed care plan shall maintain a register consisting of
a written record of all grievances and complaints initiated during
the past 3 years. The register shall be maintained in a manner that
is reasonably clear and accessible to the Director.
(b) The Department shall maintain records concerning the
complaints filed against managed care plans with the Department and
shall require managed care plans to annually report complaints made
to and resolutions by managed care plans in a manner determined by
rule. The Department shall make a summary of all data collected
available upon request and publish the summary on the World Wide Web.
(c) The Department shall maintain records on the number of
complaints filed against each managed care plan.
(d) The Department shall maintain records classifying each
complaint by whether the complaint was filed by:
(1) a consumer or enrollee;
(2) a physician or health care provider; or
(3) any other individual.
(e) The Department shall maintain records classifying each
complaint according to the nature of the complaint as it pertains to
a specific function of the managed care plan. The complaints shall
be classified under the following categories:
(1) denial of care or treatment;
(2) denial of a diagnostic procedure;
(3) denial of a referral request;
(4) sufficient choice and accessibility of health care
providers;
(5) underwriting;
(6) marketing and sales;
(7) claims and utilization review;
(8) member services;
(9) provider relations; and
(10) miscellaneous.
(f) The Department shall maintain records classifying the
disposition of each complaint. The disposition of the complaint
shall be classified in one of the following categories:
(1) complaint referred to the managed care plan and no
further action necessary by the Department;
(2) no corrective action deemed necessary by the
Department; or
(3) corrective action taken by the Department.
(g) No Department publication or release of information shall
identify any enrollee, physician, health care provider, or individual
complainant.
Section 30. External independent review.
(a) If an enrollee's or enrollee's health care professional's or
health care provider's or designee's request for a covered service or
claim for a covered service is denied under the grievance review
under Section 20 because the service is not viewed as medically
necessary including, but not limited to, denial of specific tests or
procedures, denial of referral to specialist physicians, denial of
hospitalization requests or length of stay requests, the enrollee or
enrollee's health care professional or health care provider or
designee may initiate an external independent review.
The managed care plan shall seek to resolve all external
independent reviews in the most expeditious manner and shall make a
determination and provide notice no more than 24 hours after the
receipt of all necessary information when a delay would significantly
1416 JOURNAL OF THE [March 17, 1999]
increase the risk to an enrollee's health or when extended health
care services, procedures, or treatments for an enrollee undergoing a
course of treatment prescribed by a health care provider are at
issue.
(b) Within 30 days after the enrollee receives written notice of
such an adverse decision, if the enrollee decides to initiate an
external independent review, the enrollee shall send to the managed
care plan a written request for an external independent review,
including any material justification or documentation to support the
enrollee's request for the covered service or claim for a covered
service.
(c) Within 30 days after the managed care plan receives a
request for an external independent review from an enrollee, the
managed care plan shall:
(1) provide a mechanism for jointly selecting an external
independent reviewer by the enrollee, primary care physician, and
managed care plan; and
(2) forward to the independent reviewer all medical records
and supporting documentation pertaining to the case, a summary
description of the applicable issues including a statement of the
managed care plan's decision, and the criteria used and the
medical or clinical reasons for that decision.
(d) Within 5 days of receipt of all necessary information, the
independent reviewer or reviewers shall evaluate and analyze the case
and render a decision that is based on whether or not the service or
claim for the service is medically necessary. The decision by the
independent reviewer or reviewers is final.
(e) Pursuant to subsection (c) of this Section, an external
independent reviewer shall:
(1) have no direct financial interest in or connection to
the case;
(2) for physician services, be State licensed physicians
who are board certified or board eligible by the appropriate
American Medical Specialty Board, if applicable, and who are in
the same or similar scope of practice as a physician who
typically manages the medical condition, procedure, or treatment
under review;
(3) for other health care professional services, be State
licensed health care professionals with the same category of
license as the health care professional recommending the
services; and
(4) have not been informed of the specific identity of the
enrollee or the enrollee's treating provider.
(f) If an appropriate reviewer pursuant to subsection (e) of
this Section for a particular case is not on the list established by
the Director, the parties shall choose a reviewer who is mutually
acceptable.
Section 35. Independent reviewers.
(a) From information filed with the Director on or before March
1 of each year, the Director of the Illinois Department of Public
Health shall compile a list of external independent reviewers and
organizations that represent external independent reviewers from
lists provided by managed care plans and by any State and county
public health department and State professional associations that
wish to submit a list to the Director. The Director may consult with
other persons about the suitability of any reviewer or any potential
reviewer. The Director shall annually review the list and add and
remove names as appropriate. On or before June 1 of each year, the
Director shall publish the list in the Illinois Register.
(b) The managed care plan shall be solely responsible for paying
the fees of the external independent reviewer who is selected to
HOUSE OF REPRESENTATIVES 1417
perform the review.
(c) An external independent reviewer who acts in good faith
shall have immunity from any civil or criminal liability or
professional discipline as a result of acts or omissions with respect
to any external independent review, unless the acts or omissions
constitute wilful and wanton misconduct. For purposes of any
proceeding, the good faith of the person participating shall be
presumed.
(d) The Director's decision to add a name to or remove a name
from the list of independent reviewers pursuant to subsection (a) is
not subject to administrative appeal or judicial review.
Section 40. Health care professional applications and
terminations.
(a) A managed care plan shall, upon request, make available and
disclose to health care professionals written application procedures
and minimum qualification requirements that a health care
professional must meet in order to be considered by the managed care
plan. The managed care plan shall consult with appropriately
qualified health care professionals in developing its qualification
requirements.
(b) A managed care plan may not terminate a contract of
employment or refuse to renew a contract on the basis of any action
protected under Section 45 of this Act or solely because a health
care professional has:
(1) filed a complaint against the managed care plan;
(2) appealed a decision of the managed care plan including
requesting an external independent review; or
(3) requested a hearing pursuant to this Section.
(c) A managed care plan shall provide to a health care
professional, in writing, the reasons for the contract termination or
non-renewal.
(d) A managed care plan shall provide an opportunity for a
hearing to any health care professional terminated by the managed
care plan, or non-renewed if the health care professional has had a
contract or contracts with the managed care plan for at least 24 of
the past 36 months.
(e) After the notice provided pursuant to subsection (c), the
health care professional shall have 21 days to request a hearing, and
the hearing must be held within 15 days after receipt of the request
for a hearing. The hearing shall be held before a panel appointed by
the managed care plan.
The hearing panel shall be composed of 5 individuals, the
majority of whom shall be clinical peer reviewers and, to the extent
possible, in the same discipline and the same or similar specialty as
the health care professional under review.
The hearing panel shall render a written decision on the proposed
action within 14 business days. The decision shall be one of the
following:
(1) reinstatement of the health care professional by the
managed care plan;
(2) provisional reinstatement subject to conditions set
forth by the panel; or
(3) termination of the health care professional.
The decision of the hearing panel shall be final.
A decision by the hearing panel to terminate a health care
professional shall be effective not less than 15 days after the
receipt by the health care professional of the hearing panel's
decision.
A hearing under this subsection shall provide the health care
professional in question with the right to examine pertinent
information, to present witnesses, and to ask questions of an
1418 JOURNAL OF THE [March 17, 1999]
authorized representative of the plan.
(f) A managed care plan may terminate or decline to renew a
health care professional, without a prior hearing, in cases involving
imminent harm to patient care, a determination of intentional
falsification of reports to the plan or a final disciplinary action
by a state licensing board or other governmental agency that impairs
the health care professional's ability to practice. A professional
terminated for one of the these reasons shall be given written notice
to that effect. Within 21 days after the termination, a health care
professional terminated because of imminent harm to patient care or a
determination of intentional falsification of reports to the plan
shall receive a hearing. The hearing shall be held before a panel
appointed by the managed care plan. The panel shall be composed of 5
individuals the majority of whom shall be clinical peer reviewers
and, to the extent possible, in the same discipline and the same or
similar specialty as the health care professional under review. The
hearing panel shall render a decision on the proposed action within
14 days. The panel shall issue a written decision either supporting
the termination or ordering the health care professional's
reinstatement. The decision of the hearing panel shall be final.
If the hearing panel upholds the managed care plan's termination
of the health care professional under this subsection, the managed
care plan shall forward the decision to the appropriate professional
disciplinary agency in accordance with subsection (b) of Section 65.
Any hearing under this subsection shall provide the health care
professional in question with the right to examine pertinent
information, to present witnesses, and to ask questions of an
authorized representative of the plan.
(g) For any hearing under this Section, because the candid and
conscientious evaluation of clinical practices is essential to the
provision of health care, it is the policy of this State to encourage
peer review by health care professionals. Therefore, no managed care
plan and no individual who participates in a hearing or who is a
member, agent, or employee of a managed care plan shall be liable for
criminal or civil damages or professional discipline as a result of
the acts, omissions, decisions, or any other conduct, direct or
indirect, associated with a hearing panel, except for wilful and
wanton misconduct. Nothing in this Section shall relieve any person,
health care provider, health care professional, facility,
organization, or corporation from liability for his, her, or its own
negligence in the performance of his, her, or its duties or arising
from treatment of a patient. The hearing panel information shall not
be subject to inspection or disclosure except upon formal written
request by an authorized representative of a duly authorized State
agency or pursuant to a court order issued in a pending action or
proceeding.
(h) A managed care plan shall develop and implement policies and
procedures to ensure that health care professionals are at least
annually informed of information maintained by the managed care plan
to evaluate the performance or practice of the health care
professional. The managed care plan shall consult with health care
professionals in developing methodologies to collect and analyze
health care professional data. Managed care plans shall provide the
information and data and analysis to health care professionals. The
information, data, or analysis shall be provided on at least an
annual basis in a format appropriate to the nature and amount of data
and the volume and scope of services provided. Any data used to
evaluate the performance or practice of a health care professional
shall be measured against stated criteria and a comparable group of
health care professionals who use similar treatment modalities and
serve a comparable patient population. Upon receipt of the
HOUSE OF REPRESENTATIVES 1419
information or data, a health care professional shall be given the
opportunity to explain the unique nature of the health care
professional's patient population that may have a bearing on the
health care professional's data and to work cooperatively with the
managed care plan to improve performance.
(i) Any contract provision or procedure or informal policy or
procedure in violation of this Section violates the public policy of
the State of Illinois and is void and unenforceable.
Section 45. Prohibitions.
(a) No managed care plan or its subcontractors shall by
contract, written policy or written procedure, or informal policy or
procedure prohibit or restrict any health care professional or
provider from disclosing to any enrollee, patient, designated
representative or, where appropriate, prospective enrollee,
(hereinafter collectively referred to as enrollee) any information
that the professional or provider deems appropriate regarding:
(1) a condition or a course of treatment with an enrollee
including the availability of other therapies, consultations, or
tests; or
(2) the provisions, terms, or requirements of the managed
care plan's products as they relate to the enrollee, where
applicable.
(b) No managed care plan or its subcontractors shall by
contract, written policy or procedure, or informal policy or
procedure prohibit or restrict any health care professional or
provider from filing a complaint, making a report, or commenting to
an appropriate governmental body regarding the policies or practices
of the managed care plan that the provider believes may negatively
impact upon the quality of, or access to, patient care.
(c) No managed care plan or its subcontractors shall retaliate
against a health care professional or health care provider who
advocates for appropriate health care services for patients. It is
the public policy of the State of Illinois that a health care
professional or health care provider be encouraged to advocate for
medically appropriate health care services for his or her patients.
This Section shall not be construed to prohibit a managed care plan
from making a determination not to pay for a particular health care
service or to prohibit a medical group, independent practice
association, preferred provider organization, foundation, hospital
medical staff, hospital governing body or managed care plan from
enforcing reasonable peer review or utilization review protocols or
determining whether a health care professional or health care
provider has complied with those protocols. Nothing in this Section
shall be construed to prohibit the governing body of a hospital or
the hospital medical staff from taking disciplinary actions against a
physician as authorized by law. Nothing in this Section shall be
construed to prohibit the Department of Professional Regulation from
taking disciplinary actions against a health care professional or
provider under the appropriate licensing Act.
(d) No managed care plan or its subcontractors by contract,
written policy, or procedure shall contain any clause attempting to
transfer or transferring to a physician or health care professional
or provider by indemnification or otherwise, any civil or
professional liability relating to activities, actions, or omissions
of the managed care plan or its officers, employees, or agents as
opposed to those of the health care provider. A managed care plan
shall be responsible for any civil or professional liability relating
to activities, actions, or omissions of the plan or its officers,
employees, or agents. If a physician or health care professional or
provider performs activities, such as quality assurance or
utilization review, on behalf of the plan or its subcontractors, then
1420 JOURNAL OF THE [March 17, 1999]
the physician or health care professional or provider is acting as
agent of the plan. Nothing in this Section shall relieve any person,
health care provider, health care professional, or facility from
liability for his, her, or its own negligence in the performance of
his, her, or its duties or arising from treatment of a patient.
(e) No contract between a managed care plan or its
subcontractors and a health care professional or provider shall
contain any incentive plan that includes specific payment made
directly, in any form, to a health care professional or provider as
an inducement to deny, reduce, limit, or delay specific, medically
necessary and appropriate services provided with respect to a
specific enrollee or groups of enrollees with similar medical
conditions. Nothing in this Section shall be construed to prohibit
contracts that contain incentive plans that involve general payments,
such as capitation payments or shared-risk arrangements, that are not
tied to specific medical decisions involving specific enrollees or
groups of enrollees with similar medical conditions. The payments
rendered or to be rendered to health care professionals or providers
under these arrangements shall be deemed confidential information.
(f) No managed care plan or its subcontractors shall by
contract, written policy or procedure, or informal policy or
procedure permit, allow, or encourage an individual or entity to
dispense a different drug in place of the drug or brand of drug
ordered or prescribed without the express permission of the person
ordering or prescribing, except this prohibition does not prohibit
the interchange of different brands of the same generically
equivalent drug product, as provided under Section 3.14 of the
Illinois Food, Drug and Cosmetic Act.
(g) Any contract provision, written policy or procedure, or
informal policy or procedure in violation of this Section violates
the public policy of the State of Illinois and is void and
unenforceable.
Section 50. Network of providers.
(a) At least once every 3 years, and upon application for
expansion of service area, a managed care plan shall obtain
certification from the Director of Public Health that the managed
care plan maintains a network of health care professionals,
providers, and facilities adequate to meet the comprehensive health
needs of its enrollees and to provide an appropriate choice of health
care professionals and providers sufficient to provide the services
covered under its enrollee's contracts by determining that:
(1) there are a sufficient number of geographically
accessible participating professionals, providers, and
facilities;
(2) there are opportunities to select from at least 3
primary care physicians pursuant to travel and distance time
standards, providing that these standards account for the
conditions of accessing physicians in rural areas; and
(3) there are sufficient professionals or providers in all
covered areas of specialty practice to meet the needs of the
enrollment population.
(b) The following criteria shall be considered by the Director
of Public Health at the time of a review:
(1) professional-enrollee and provider-enrollee ratios by
specialty;
(2) primary care physician-enrollee ratios;
(3) safe and adequate staffing of health care professionals
or providers in all participating facilities based on:
(A) severity of patient illness and functional
capacity;
(B) factors affecting the period and quality of
HOUSE OF REPRESENTATIVES 1421
patient recovery; and
(C) any other factor substantially related to the
condition and health care needs of patients;
(4) geographic accessibility;
(5) the number of grievances filed by enrollees relating to
waiting times for appointments, appropriateness of referrals, and
other indicators of a managed care plan's capacity;
(6) hours of operation;
(7) the managed care plan's ability to provide culturally
and linguistically competent care to meet the needs of its
enrollee population; and
(8) the volume of technological and speciality services
available to serve the needs of enrollees requiring
technologically advanced or specialty care.
(c) A managed care plan shall report on an annual basis the
number of enrollees and the number of participating professionals and
providers in the managed care plan.
Section 55. Referral to specialists.
(a) All managed care plans that require each enrollee to select
a health care provider for any purpose including coordination of care
shall allow all enrollees to choose any primary care physician
licensed to practice medicine in all its branches or any health care
professional participating in the managed care plan for that purpose.
The managed care plan shall provide the enrollee with a choice of
licensed health care professionals who are accessible and qualified.
(b) A managed care plan shall establish a procedure by which an
enrollee who has a condition that requires ongoing care from a
specialist physician or health care professional may apply for a
standing referral to a specialist physician or health care
professional if a referral to a specialist physician or health care
professional is required for coverage. The application shall be made
to the enrollee's primary care physician. This procedure for a
standing referral must specify the necessary criteria and conditions
that must be met in order for an enrollee to obtain a standing
referral. A standing referral shall be effective for the period
necessary to provide the referred services or one year. A primary
care physician may renew a standing referral.
(c) The enrollee may be required by the managed care plan to
select a specialist physician or health care professional who has a
referral arrangement with the enrollee's primary care physician or to
select a new primary care physician who has a referral arrangement
with the specialist physician or health care professional chosen by
the enrollee. If a managed care plan requires an enrollee to select a
new physician under this subsection, the managed care plan must
provide the enrollee with both options provided in this subsection.
(d) When the type of specialist physician or other health care
provider needed to provide ongoing care for a specific condition does
not have a referral arrangement with the enrollee's primary care
physician, the primary care physician shall arrange for the enrollee
to have access to a qualified health care provider in the plan's
provider network who is within a reasonable distance and travel time.
When the type of specialist physician or health care professional
needed to provide ongoing care for a specific condition is not
represented in the managed care plan's network of physicians or
health care professionals, the primary care physician shall arrange
for the enrollee to have access to a qualified non-participating
physician or health care professional within a reasonable distance
and travel time at no additional cost to the enrollee beyond what the
enrollee would otherwise pay for services received within the plan's
network.
(e) The enrollee's primary care physician shall remain
1422 JOURNAL OF THE [March 17, 1999]
responsible for coordinating the care of an enrollee who has received
a standing referral to a specialist physician or health care
professional. If a secondary referral is necessary, the specialist
physician or health care professional shall advise the primary care
physician. The primary care physician shall be responsible for
making the secondary referral. In addition, the managed care plan
shall require the specialist physician or health care professional to
provide regular updates to the enrollee's primary care physician.
(f) If an enrollee's application for any referral is denied, an
enrollee may appeal the decision through the managed care plan's
external independent review process in accordance with Section 30 of
this Act.
Section 60. Transition of services.
(a) A managed care plan shall provide for continuity of care for
its enrollees as follows:
(1) If an enrollee's physician leaves the managed care
plan's network of physicians or health care professionals for
reasons other than termination of a contract in situations
involving imminent harm to a patient or a final disciplinary
action by a State licensing board and the physician remains
within the managed care plan's service area, the managed care
plan shall permit the enrollee to continue an ongoing course of
treatment with that physician during a transitional period:
(A) of at least 90 days from the date of the notice of
physician's termination from the managed care plan to the
enrollee of the physician's disaffiliation from the managed
care plan if the enrollee has an ongoing course of
treatment; or
(B) if the enrollee has entered the second trimester
of pregnancy at the time of the physician's disaffiliation,
that includes the provision of post-partum care directly
related to the delivery.
(2) Notwithstanding the provisions in item (1)of this
subsection, such care shall be authorized by the managed care
plan during the transitional period only if the physician agrees:
(A) to continue to accept reimbursement from the
managed care plan at the rates applicable prior to the start
of the transitional period;
(B) to adhere to the managed care plan's quality
assurance requirements and to provide to the managed care
plan necessary medical information related to such care; and
(C) to otherwise adhere to the managed care plan's
policies and procedures, including but not limited to
procedures regarding referrals and obtaining
preauthorizations for treatment.
(b) A managed care plan shall provide for continuity of care for
new enrollees as follows:
(1) If a new enrollee whose physician is not a member of
the managed care plan's physician or professional network, but is
within the managed care plan's service area, enrolls in the
managed care plan, the managed care plan shall permit the
enrollee to continue an ongoing course of treatment with the
enrollee's current physician during a transitional period:
(A) of at least 90 days from the effective date of
enrollment if the enrollee has an ongoing course of treatment; or
(B) if the enrollee has entered the second trimester of
pregnancy at the effective date of enrollment, that includes the
provision of post-partum care directly related to the delivery.
(2) If an enrollee elects to continue to receive care from
such physician pursuant to item (1) of this subsection, such care
shall be authorized by the managed care plan for the transitional
HOUSE OF REPRESENTATIVES 1423
period only if the physician agrees:
(A) to accept reimbursement from the managed care plan
at rates established by the managed care plan; such rates
shall be the level of reimbursement applicable to similar
physicians within the managed care plan for such services;
(B) to adhere to the managed care plan's quality
assurance requirements and to provide to the managed care
plan necessary medical information related to such care; and
(C) to otherwise adhere to the managed care plan's
policies and procedures including, but not limited to
procedures regarding referrals and obtaining
preauthorization for treatment.
(c) In no event shall this Section be construed to require a
managed care plan to provide coverage for benefits not otherwise
covered or to diminish or impair preexisting condition limitations
contained in the enrollee's contract.
Section 65. Duty to report.
(a) A managed care plan shall report to the appropriate
professional disciplinary agency, after compliance and in accordance
with the provisions of this Section:
(1) termination of a health care provider contract for
commission of an act or acts that may directly threaten patient
care, and not of an administrative nature, or that a person may
be mentally or physically disabled in such a manner as to
endanger a patient under that person's care;
(2) voluntary or involuntary termination of a contract or
employment or other affiliation with the managed care plan to
avoid the imposition of disciplinary measures.
The managed care plan shall only make the report after it has
provided the health care professional with a hearing on the matter.
(This hearing shall not impair or limit the managed care plan's
ability to terminate the professional. Its purpose is solely to
ensure that a sufficient basis exists for making the report.) The
hearing shall be held before a panel appointed by the managed care
plan. The hearing panel shall be composed of 5 persons appointed by
the plan, the majority of whom shall be clinical peer reviewers, to
the extent possible, in the same discipline and the same specialty as
the health care professional under review. The hearing panel shall
determine whether the proposed basis for the report is supported by a
preponderance of the evidence. The panel shall render its
determination within 14 days. If a majority of the panel finds the
proposed basis for the report is supported by a preponderance of the
evidence, the managed care plan shall make the required report within
21 days.
Any hearing under this Section shall provide the health care
professional in question with the right to examine pertinent
information, to present witnesses, and to ask questions of an
authorized representative of the plan.
If a hearing has been held pursuant to subsection (f) of Section
40 and the hearing panel sustained a plan's termination of a health
care professional, no additional hearing is required, and the plan
shall make the report required under this Section.
(b) Reports made pursuant to this Section shall be made in
writing to the appropriate professional disciplinary agency. Written
reports shall include the name, address, profession, and license
number of the individual and a description of the action taken by the
managed care plan, including the reason for the action and the date
thereof, or the nature of the action or conduct that led to the
resignation, termination of contract, or withdrawal, and the date
thereof.
For any hearing under this Section, because the candid and
1424 JOURNAL OF THE [March 17, 1999]
conscientious evaluation of clinical practices is essential to the
provision of health care, it is the policy of this State to encourage
peer review by health care professionals. Therefore, no managed care
plan and no individual who participates in a hearing or who is a
member, agent, or employee of a managed care plan shall be liable for
criminal or civil damages or professional discipline as a result of
the acts, omissions, decisions, or any other conduct, direct or
indirect, associated with a hearing panel, except for wilful and
wanton misconduct. Nothing in this Section shall relieve any person,
health care provider, health care professional, facility,
organization, or corporation from liability for his, her, or its own
negligence in the performance of his, her, or its duties or arising
from treatment of a patient. The hearing panel information shall not
be subject to inspection or disclosure except upon formal written
request by an authorized representative of a duly authorized State
agency or pursuant to a court order issued in a pending action or
proceeding.
Section 70. Disclosure of information.
(a) A health care professional affiliated with a managed care
plan shall make available, upon request, in written form at his or
her office, to his or her patients or prospective patients the
following:
(1) information related to the health care professional's
educational background, experience, training, specialty and board
certification, if applicable, number of years in practice, and
hospitals where he or she has privileges;
(2) information regarding the health care professional's
participation in continuing education programs and compliance
with any licensure, certification, or registration requirements,
if applicable; and
(3) the location of the health care professional's primary
practice setting and the identification of any translation
services available.
Section 75. Utilization review program registration.
(a) No person may conduct a utilization review program in this
State unless once every 2 years the person registers the utilization
review program with the Department and certifies compliance with all
of the Health Utilization Management Standards of the American
Accreditation Healthcare Commission (URAC) or submits evidence of
accreditation by the American Accreditation Healthcare Commission
(URAC) for its Health Utilization Management Standards.
(b) The Director, in consultation with the Director of Public
Health, may certify alternative utilization review standards of
national accreditation organizations or entities in order for plans
to comply with this Section. Any alternative utilization review
standards shall meet or exceed those standards required under
subsection (a). In addition, the Director, in consultation with the
Director of Public Health, may adopt additional utilization review
requirements by rule.
(c) The provisions of this Section do not apply to:
(1) persons providing utilization review program services
only to the federal government;
(2) self-insured managed care plans preempted from State
regulation under the federal Employee Retirement Income Security
Act of 1974, however, this Section does apply to persons
conducting a utilization review program on behalf of these
managed care plans; and
(3) hospitals and medical groups performing utilization
review activities for internal purposes unless the utilization
review program is conducted for another person.
Nothing in this Act prohibits a managed care plan or other entity
HOUSE OF REPRESENTATIVES 1425
from contractually requiring an entity designated in item (3) of this
subsection to adhere to the utilization review program requirements
of this Act.
(d) This registration shall include submission of all of the
following information regarding utilization review program
activities:
(1) The name, address, and telephone of the utilization
review programs.
(2) The organization and governing structure of the
utilization review programs.
(3) The number of lives for which utilization review is
conducted by each utilization review program.
(4) Hours of operation of each utilization review program.
(5) Description of the grievance process for each
utilization review program.
(6) Number of covered lives for which utilization review
was conducted for the previous calendar year for each utilization
review program.
(7) Written policies and procedures for protecting
confidential information according to applicable State and
federal laws for each utilization review program.
(e) The Department shall investigate utilization review program
compliance with the requirements of this Section. If the Department
finds that a utilization review program is not in compliance with
this Section, the Department shall issue a corrective action plan and
allow a reasonable amount of time for compliance with the plan. If
the utilization review program does not come into compliance, the
Department may issue a cease and desist order. Before issuing a
cease and desist order under this Section, the Department shall
provide the utilization review program with a written notice of the
reasons for the order and allow a reasonable amount of time to supply
additional information demonstrating compliance with requirements of
this Section and to request a hearing. The hearing notice shall be
sent by certified mail, return receipt requested, and the hearing
shall be conducted in accordance with the Illinois Administrative
Procedure Act.
(f) A utilization review program subject to a corrective action
may continue to conduct business until a final decision has been
issued by the Department.
Section 80. Appeal of adverse determinations by utilization
review programs.
(a) An enrollee, the enrollee's designee, and, in connection
with retrospective adverse determinations, the enrollee's health care
provider may appeal an adverse determination rendered by a
utilization review program pursuant to Sections 15, 20, and 30.
(b) A utilization review program shall establish mechanisms that
facilitate resolution of the appeal including, but not limited to,
the sharing of information from the enrollee's health care provider
and the utilization review program by telephonic means or by
facsimile. The utilization review program shall provide reasonable
access to its clinical peer reviewer in a prompt manner.
(c) Appeals shall be reviewed by a clinical peer reviewer other
than the clinical peer reviewer who rendered the adverse
determination.
Section 85. Required and prohibited practices.
(a) A utilization review program shall have written procedures
for assuring that patient-specific information obtained during the
process of utilization review will be:
(1) kept confidential in accordance with applicable State
and federal laws; and
(2) shared only with the enrollee, the enrollee's designee,
1426 JOURNAL OF THE [March 17, 1999]
the enrollee's health care provider, and those who are authorized
by law to receive the information.
(b) Summary data shall not be considered confidential if it
does not provide information to allow identification of individual
patients.
(c) Any health care professional who makes determinations
regarding the medical necessity of health care services during the
course of utilization review shall be appropriately licensed or
registered.
(d) A utilization review program shall not, with respect to
utilization review activities, permit or provide compensation or
anything of value to its employees, agents, or contractors based on:
(1) either a percentage of the amount by which a claim is
reduced for payment or the number of claims or the cost of
services for which the person has denied authorization or
payment; or
(2) any other method that encourages the rendering of an
adverse determination.
(e) If a health care service has been specifically
pre-authorized or approved for an enrollee by a utilization review
program, a utilization review program shall not, pursuant to
retrospective review, revise or modify the specific standards,
criteria, or procedures used for the utilization review for
procedures, treatment, and services delivered to the enrollee during
the same course of treatment.
(f) Utilization review shall not be conducted more frequently
than is reasonably required to assess whether the health care
services under review are medically necessary. The Department may
promulgate rules governing the frequency of utilization reviews for
managed care plans of differing size and geographic location.
(g) When making prospective, concurrent, and retrospective
determinations, utilization review programs shall collect only
information that is necessary to make the determination and shall not
routinely require health care providers to numerically code diagnoses
or procedures to be considered for certification, unless required
under State or federal Medicare or Medicaid rules or regulations, or
routinely request copies of medical records of all patients reviewed.
During prospective or concurrent review, copies of medical records
shall only be required when necessary to verify that the health care
services subject to the review are medically necessary. In these
cases, only the necessary or relevant sections of the medical record
shall be required. A utilization review program may request copies of
partial or complete medical records retrospectively.
(h) In no event shall information be obtained from health care
providers for the use of the utilization review program by persons
other than health care professionals, medical record technologists,
or administrative personnel who have received appropriate training.
(i) The utilization review program shall not undertake
utilization review at the site of the provision of health care
services unless the utilization review program staff person:
(1) identifies himself or herself by name and the name of
his or her organization, including displaying photographic
identification that includes the name of the utilization review
program and staff person and clearly identifies the individual as
representative of the utilization review program;
(2) whenever possible, schedules review at least one
business day in advance with the appropriate health care
provider;
(3) if requested by a health care provider, assures that
the on-site review staff register with the appropriate contact
person, if available, prior to requesting any clinical
HOUSE OF REPRESENTATIVES 1427
information or assistance from the health care provider; and
(4) obtains consent from the enrollee or the enrollee's
designee before interviewing the patient's family or observing
any health care service being provided to the enrollee.
This subsection does not apply to health care professionals
engaged in providing care, case management, or making on-site
discharge decisions.
(j) A utilization review program shall not base an adverse
determination on a refusal to consent to observing any health care
service.
(k) A utilization review program shall not base an adverse
determination on lack of reasonable access to a health care
provider's medical or treatment records unless the utilization review
program has provided reasonable notice to both the enrollee or the
enrollee's designee and the enrollee's health care provider and has
complied with all provisions of subsection (i) of this Section. The
Department may promulgate rules defining reasonable notice and the
time period within which medical and treatment records must be turned
over.
(l) Neither the utilization review program nor the entity for
which the program provides utilization review shall take any action
with respect to a patient or a health care provider that is intended
to penalize the enrollee, the enrollee's designee, or the enrollee's
health care provider for, or to discourage the enrollee, the
enrollee's designee, or the enrollee's health care provider from,
undertaking an appeal, dispute resolution, or judicial review of an
adverse determination.
(m) In no event shall an enrollee, an enrollee's designee, an
enrollee's health care provider, any other health care provider, or
any other person or entity be required to inform or contact the
utilization review program prior to the provision of emergency
services as defined in this Act.
(n) A health care professional providing health care services
to an enrollee shall be prohibited from serving as the clinical peer
reviewer for that enrollee in connection with the health care
services being provided to the enrollee.
Section 90. Annual consumer satisfaction survey. The Director
shall develop and administer a survey of persons who have been
enrolled in a managed care plan in the most recent calendar year to
collect information on relative plan performance including, but not
limited to, arrangement for delivery of care. This survey shall:
(1) be administered annually by the Director, or by an
independent agency or organization selected by the Director;
(2) be administered to a scientifically selected
representative sample of current enrollees from each plan, as
well as persons who have disenrolled from a plan in the last
calendar year; and
(3) emphasize the collection of information from persons
who have used the managed care plan to a significant degree, as
defined by rule.
Selected data from the annual survey shall be made available to
current and prospective enrollees as part of a consumer guidebook or
managed care report card of health plan performance, which the
Department shall develop and publish. The elements to be included in
the guidebook shall be reassessed on an ongoing basis by the
Department. The consumer guidebook shall be updated at least
annually.
Section 95. Managed care patient rights. In addition to all
other requirements of this Act, a managed care plan shall ensure that
an enrollee has the following rights:
(1) A patient has the right to care consistent with professional
1428 JOURNAL OF THE [March 17, 1999]
standards of practice to assure quality nursing and medical
practices, to choose the participating physician responsible for
coordinating his or her care, to receive information concerning his
or her condition and proposed treatment, to refuse any treatment to
the extent permitted by law, and to privacy and confidentiality of
records except as otherwise provided by law.
(2) A patient has the right, regardless of source of payment, to
examine and to receive a reasonable explanation of his or her total
bill for health care services rendered by his or her physician or
other health care provider, including the itemized charges for
specific health care services received. A physician or other health
care provider shall be responsible only for a reasonable explanation
of these specific health care services provided by the health care
provider.
(3) A patient has the right to privacy and confidentiality in
health care. This right may be expressly waived in writing by the
patient or the patient's guardian.
Section 100. Health care entity liability.
(a) In this Section:
"Appropriate and medically necessary" means the standard for
health care services as determined by physicians and health care
providers in accordance with the prevailing practices and standards
of the medical profession and community.
"Enrollee" means an individual who is enrolled in a health care
plan, including covered dependents.
"Health care plan" means any plan whereby any person undertakes
to provide, arrange for, pay for, or reimburse any part of the cost
of any health care services.
"Health care provider" means a person or entity as defined in
Section 2-1003 of the Code of Civil Procedure.
"Health care treatment decision" means a determination made when
medical services are actually provided by the health care plan and a
decision that affects the quality of the diagnosis, care, or
treatment provided to the plan's insureds or enrollees.
"Health insurance carrier" means an authorized insurance company
that issues policies of accident and health insurance under the
Illinois Insurance Code.
"Health maintenance organization" means an organization licensed
under the Health Maintenance Organization Act.
"Managed care entity" means any entity that delivers,
administers, or assumes risk for health care services with systems or
techniques to control or influence the quality, accessibility,
utilization, or costs and prices of those services to a defined
enrollee population, but does not include an employer purchasing
coverage or acting on behalf of its employees or the employees of one
or more subsidiaries or affiliated corporations of the employer.
"Physician" means: (1) an individual licensed to practice
medicine in this State; (2) a professional association, professional
service corporation, partnership, medical corporation, or limited
liability company, entitled to lawfully engage in the practice of
medicine; or (3) another person wholly owned by physicians.
"Ordinary care" means, in the case of a health insurance carrier,
health maintenance organization, or managed care entity, that degree
of care that a health insurance carrier, health maintenance
organization, or managed care entity of ordinary prudence would use
under the same or similar circumstances. In the case of a person who
is an employee, agent, ostensible agent, or representative of a
health insurance carrier, health maintenance organization, or managed
care entity, "ordinary care" means that degree of care that a person
of ordinary prudence in the same profession, specialty, or area of
practice as such person would use in the same or similar
HOUSE OF REPRESENTATIVES 1429
circumstances.
(b) A health insurance carrier, health maintenance organization,
or other managed care entity for a health care plan has the duty to
exercise ordinary care when making health care treatment decisions
and is liable for damages for harm to an insured or enrollee
proximately caused by its failure to exercise such ordinary care.
(c) A health insurance carrier, health maintenance organization,
or other managed care entity for a health care plan is also liable
for damages for harm to an insured or enrollee proximately caused by
the health care treatment decisions made by its:
(1) employees;
(2) agents;
(3) ostensible agents; or
(4) representatives who are acting on its behalf and over
whom it has the right to exercise influence or control or has
actually exercised influence or control that results in the
failure to exercise ordinary care.
(d) The standards in subsections (b) and (c) create no
obligation on the part of the health insurance carrier, health
maintenance organization, or other managed care entity to provide to
an insured or enrollee treatment that is not covered by the health
care plan of the entity.
(e) A health insurance carrier, health maintenance organization,
or managed care entity may not remove a physician or health care
provider from its plan or refuse to renew the physician or health
care provider with its plan for advocating on behalf of an enrollee
for appropriate and medically necessary health care for the enrollee.
(f) A health insurance carrier, health maintenance organization,
or other managed care entity may not enter into a contract with a
physician, hospital, or other health care provider or pharmaceutical
company which includes an indemnification or hold harmless clause for
the acts or conduct of the health insurance carrier, health
maintenance organization, or other managed care entity. Any such
indemnification or hold harmless clause in an existing contract is
hereby declared void.
(g) Nothing in any law of this State prohibiting a health
insurance carrier, health maintenance organization, or other managed
care entity from practicing medicine or being licensed to practice
medicine may be asserted as a defense by the health insurance
carrier, health maintenance organization, or other managed care
entity in an action brought against it pursuant to this Section or
any other law.
(h) In an action against a health insurance carrier, health
maintenance organization, or managed care entity, a finding that a
physician or other health care provider is an employee, agent,
ostensible agent, or representative of the health insurance carrier,
health maintenance organization, or managed care entity shall not be
based solely on proof that the person's name appears in a listing of
approved physicians or health care providers made available to
insureds or enrollees under a health care plan.
(i) This Section does not apply to workers' compensation
insurance coverage subject to the Workers' Compensation Act.
(j) This Section does not apply to actions seeking only a review
of an adverse utilization review determination. This Section applies
only to causes of action that accrue on or after the effective date
of this Act. An insured or enrollee seeking damages under this
Section has the right and duty to submit the claim to arbitration in
accordance with the Uniform Arbitration Act. No agreement between
the parties to submit the claim to arbitration is necessary. A
health insurance carrier, health maintenance organization, or managed
care entity shall have no liability under this Section unless the
1430 JOURNAL OF THE [March 17, 1999]
claim is first submitted to arbitration in accordance with the
Uniform Arbitration Act. The award in matters arbitrated pursuant to
this Section shall be made within 30 days after notification of the
arbitration is provided to all parties.
(k) The determination of whether a procedure or treatment is
medically necessary must be made by a physician.
(l) If the physician determines that a procedure or treatment is
medically necessary, the health care plan must pay for the procedure
or treatment.
(m) This Section does not apply to licensed insurance agents.
Section 105. Waiver. Any agreement that purports to waive,
limit, disclaim or in any way diminish the rights set forth in this
Act is void as contrary to public policy.
Section 110. Administration of Act.
(a) The Department shall administer this Act.
(b) All managed care plans and utilization review programs
providing or reviewing services in Illinois shall annually certify
compliance with this Act and rules adopted under this Act to the
Department in addition to any other licensure required by law. The
Director shall establish by rule a process for this certification
including fees to cover the costs associated with implementing this
Act. All fees and fines assessed under this Act shall be deposited
in the Managed Care Reform Fund, a special fund hereby created in the
State treasury. Moneys in the Fund shall be used by the Department
only to enforce and administer this Act. The certification
requirements of this Act shall be incorporated into program
requirements of the Department of Public Aid and Department of Human
Services and no further certification under this Act is required.
(c) The Director shall take enforcement action under this Act
including, but not limited to, the assessment of civil fines and
injunctive relief for any failure to comply with this Act or any
violation of the Act or rules by a managed care plan or any
utilization review program.
(d) The Department shall have the authority to impose fines on
any managed care plan or any utilization review program. The
Department shall adopt rules pursuant to this Act that establish a
system of fines related to the type and level of violation or repeat
violation, including but not limited to:
(1) A fine not exceeding $10,000 for a violation that
created a condition or occurrence presenting a substantial
probability that death or serious harm to an individual will or
did result therefrom; and
(2) A fine not exceeding $5,000 for a violation that
creates or created a condition or occurrence that threatens the
health, safety, or welfare of an individual.
Each day a violation continues shall constitute a separate
offense. These rules shall include an opportunity for a hearing in
accordance with the Illinois Administrative Procedure Act. All final
decisions of the Department shall be reviewable under the
Administrative Review Law.
(e) Notwithstanding the existence or pursuit of any other
remedy, the Director may, through the Attorney General, seek an
injunction to restrain or prevent any person or entity from
functioning or operating in violation of this Act or rule.
Section 115. Emergency services prior to stabilization.
(a) A managed care plan subject to this Act that provides or
that is required by law to provide coverage for emergency services
shall provide coverage such that payment under this coverage is not
dependent upon whether the services are performed by a plan or
non-plan physician or health care provider and without regard to
prior authorization. This coverage shall be at the same benefit level
HOUSE OF REPRESENTATIVES 1431
as if the services or treatment had been rendered by the managed care
plan physician or health care provider.
(b) Prior authorization or approval by the plan shall not be
required for emergency services.
(c) Coverage and payment shall not be retrospectively denied,
with the following exceptions:
(1) upon reasonable determination that the emergency
services claimed were never performed;
(2) upon reasonable determination that the emergency
evaluation and treatment were rendered to an enrollee who sought
emergency services and whose circumstance did not meet the
definition of emergency medical condition;
(3) upon determination that the patient receiving such
services was not an enrollee of the health insurance plan; or
(4) upon material misrepresentation by the enrollee or
health care provider; "material" means a fact or situation that
is not merely technical in nature and results or could result in
a substantial change in the situation.
(d) When an enrollee presents to a hospital seeking emergency
services, the determination as to whether the need for those services
exists shall be made for purposes of treatment by a physician
licensed to practice medicine in all its branches or, to the extent
permitted by applicable law, by other appropriately licensed
personnel under the supervision of or in collaboration with a
physician licensed to practice medicine in all its branches. The
physician or other appropriate personnel shall indicate in the
patient's chart the results of the emergency medical screening
examination. The managed care plan shall compensate the health care
professional or provider for the emergency medical screening
examination.
(e) The appropriate use of the 911 emergency telephone system or
its local equivalent shall not be discouraged or penalized by the
health insurance plan when an emergency medical condition exists.
This provision shall not imply that the use of 911 or its local
equivalent is a factor in determining the existence of an emergency
medical condition.
(f) Nothing in this Section alters the prohibition on billing
enrollees contained in the Health Maintenance Organization Act.
Nothing in this Section shall prohibit the imposition of deductibles,
co-payments, and co-insurance.
Section 120. Post-stabilization medical services.
(a) If prior authorization for covered post-stabilization
services is required by the managed care plan, the plan shall provide
access 24 hours a day, 7 days a week to persons designated by the
plan to make such determinations.
(b) The treating physician or health care provider shall contact
the managed care plan or delegated physician or health care provider
as designated on the enrollee's health insurance card to obtain
authorization, denial, or arrangements for an alternate plan of
treatment or transfer of the enrollee.
(c) The treating physician licensed to practice medicine in all
its branches or health care provider shall document in the enrollee's
medical record the enrollee's presenting symptoms; emergency medical
condition; and time, phone number dialed, and result of the
communication for request for authorization of post stabilization
medical services. The managed care plan shall provide reimbursement
for covered post-stabilization medical services if:
(1) authorization to render them is received from the
managed care plan or its delegated physician or health care
provider; or
(2) after 2 documented good faith efforts, the treating
1432 JOURNAL OF THE [March 17, 1999]
physician or health care provider has attempted to contact the
enrollee's managed care plan or its delegated physician or health
care provider, as designated on the enrollee's health insurance
card, for prior authorization of post-stabilization medical
services and neither the plan nor designated persons were
accessible or the authorization was not denied within 60 minutes
of the request. "Two documented good faith efforts" means the
physician or health care provider has called the telephone number
on the enrollee's health insurance card or other available number
either 2 times or one time and made an additional call to any
referral number provided. "Good faith" means honesty of purpose,
freedom from intention to defraud, and being faithful to one's
duty or obligation. For the purpose of this Act, good faith shall
be presumed.
(d) After rendering any post-stabilization medical services, the
treating physician or health care provider shall continue to make
every reasonable effort to contact the managed care plan or its
delegated physician or health care provider regarding authorization,
denial, or arrangements for an alternate plan of treatment or
transfer of the enrollee until the treating physician or health care
provider receives instructions from the managed care plan or
delegated physician or health care provider for continued care or the
care is transferred to another physician or health care provider or
the patient is discharged.
(e) Payment for covered post-stabilization services may be
denied:
(1) if the treating physician or health care provider does
not meet the conditions outlined in subsection (c);
(2) upon determination that the post-stabilization services
claimed were not performed;
(3) upon determination that the post-stabilization services
rendered were contrary to the instructions of the managed care
plan or its delegated physician or health care provider if
contact was made between those parties prior to the service being
rendered;
(4) upon determination that the patient receiving such
services was not an enrollee of the managed care plan; or
(5) upon material misrepresentation by the enrollee or
health care provider; "material" means a fact or situation that
is not merely technical in nature and results or could result in
a substantial change in the situation.
(f) Coverage and payment for post-stabilization medical services
for which prior authorization or deemed approval is received shall
not be retrospectively denied.
(g) Nothing in this Section prohibits a managed care plan from
delegating tasks associated with the responsibilities enumerated in
this Section to the managed care plan's contracted health care
providers or another entity. However, the ultimate responsibility
for coverage and payment decisions may not be delegated.
(h) Nothing in this Section shall prohibit the imposition of
deductibles, co-payments, and co-insurance.
Section 125. Prescription drugs. A managed care plan that
provides coverage for prescribed drugs approved by the federal Food
and Drug Administration shall not exclude coverage of any drug on the
basis that the drug has been prescribed for the treatment of a
particular indication for which the drug has not been approved by the
federal Food and Drug Administration. The drug, however, must be
approved by the federal Food and Drug Administration and must be
recognized for the treatment of that particular indication for which
the drug has been prescribed in any one of the following established
reference compendia:
HOUSE OF REPRESENTATIVES 1433
(1) the American Hospital Formulary Service Drug
Information;
(2) the United States Pharmacopoeia Drug Information; or
(3) if not recognized by the authorities in item (1) or
(2), recommended for that particular indication in formal
clinical studies, the results of which have been published in at
least 2 peer reviewed professional medical journals published in
the United States or Great Britain.
Any coverage required by this Section shall also include those
medically necessary services associated with the administration of a
drug.
Despite the provisions of this Section, coverage shall not be
required for any experimental or investigational drugs or any drug
that the federal Food and Drug Administration has determined to be
contraindicated for treatment of the specific indication for which
the drug has been prescribed. Nothing in this Section shall be
construed, expressly or by implication, to create, impair, alter,
limit, notify, enlarge, abrogate, or prohibit reimbursement for drugs
used in the treatment of any other disease or condition.
Section 130. Applicability and scope. This Act applies to
policies and contracts amended, delivered, issued, or renewed on or
after the effective date of this Act. This Act does not diminish a
managed care plan's duties and responsibilities under other federal
or State law or rules promulgated thereunder.
Section 135. Effect on benefits under Workers' Compensation Act
and Workers' Occupational Diseases Act. Nothing in this Act shall be
construed to expand, modify, or restrict the health care benefits
provided to employees under the Workers' Compensation Act and
Workers' Occupational Diseases Act.
Section 140. Conflicts with federal law. When health care
services are provided by a managed care plan subject to this Act to a
person who is a recipient of medical assistance under Article V of
the Illinois Public Aid Code, the rights, benefits, requirements, and
procedures available or authorized under this Act shall not apply to
the extent that there are provisions of federal law that conflict.
In the event of a conflict, federal law shall prevail.
Section 145. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 150. The State Employees Group Insurance Act of 1971 is
amended by adding Section 6.12 as follows:
(5 ILCS 375/6.12 new)
Sec. 6.12. Managed Care Reform Act. The program of health
benefits is subject to the provisions of the Managed Care Reform Act.
Section 155. The Civil Administrative Code of Illinois is
amended by adding Sections 56.3 and 56.4 as follows:
(20 ILCS 1405/56.3 new)
Sec. 56.3. Office of Consumer Health Insurance.
(a) The Director of Insurance shall establish the Office of
Consumer Health Insurance within the Department of Insurance to
provide assistance, advocacy, and information to all health care
consumers within the State. The staff responsible shall have direct
line reporting responsibility to the Director.
Within the appropriation allocated, the office shall
provide information and assistance to all health care consumers by:
(1) assisting consumers in understanding health insurance
marketing materials and the coverage provisions of individual
plans including, but not limited to, advocacy for consumers
before plans and governmental and nongovernmental agencies;
(2) educating enrollees about their rights within
individual plans;
(3) assisting enrollees in filing formal grievances and
1434 JOURNAL OF THE [March 17, 1999]
appeals;
(4) investigating enrollee complaints;
(5) establishing and operating an 800 telephone line to
handle consumer inquiries;
(6) making information available in languages other than
English that are spoken as a primary language by a significant
portion of the State's population, as determined by the
Department;
(7) analyzing, commenting on, monitoring, and making
publicly available reports on the development and implementation
of federal, State and local laws, regulations, and other
governmental policies and actions that pertain to the adequacy of
managed care plans, facilities, and services in the State;
(8) filing an annual report with the Director and the
General Assembly, which shall include recommendations for
improvement to the regulation of health insurance plans; and
(9) performing all duties assigned to the Office by the
Director.
(b) Beginning March 1, 2000, the Office shall report, on at least
a quarterly basis, any patterns identified from the consumer
complaints addressed by the office to the Director and the Governor.
By January 1, 2001, and each January 1 thereafter, the Director shall
make an annual written report to the General Assembly regarding
activities of the Office, including recommendations on improving
health care consumer assistance and complaint resolution processes.
(c) Nothing in this Section shall be interpreted to authorize
access to or disclosure of individual patient or health professional
or provider records.
(20 ILCS 1405/56.4 new)
Sec. 56.4. Retaliation. A managed care plan or health care
provider may not retaliate or take adverse action against an enrollee
or patient who, in good faith, makes a complaint against a managed
care plan, health plan company, or health care provider.
Section 160. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Managed Care Reform Fund.
Section 165. The State Mandates Act is amended by adding Section
8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of 1999.
Section 170. The Counties Code is amended by adding Section
5-1069.8 as follows:
(55 ILCS 5/5-1069.8 new)
Sec. 5-1069.8. Managed Care Reform Act. All counties, including
home rule counties, are subject to the provisions of the Managed Care
Reform Act. The requirement under this Section that health care
benefits provided by counties comply with the Managed Care Reform Act
is an exclusive power and function of the State and is a denial and
limitation of home rule county powers under Article VII, Section 6,
subsection (h) of the Illinois Constitution.
Section 175. The Illinois Municipal Code is amended by adding
10-4-2.8 as follows:
(65 ILCS 5/10-4-2.8 new)
Sec. 10-4-2.8. Managed Care Reform Act. The corporate
authorities of all municipalities are subject to the provisions of
the Managed Care Reform Act. The requirement under this Section that
health care benefits provided by municipalities comply with the
Managed Care Reform Act is an exclusive power and function of the
HOUSE OF REPRESENTATIVES 1435
State and is a denial and limitation of home rule municipality powers
under Article VII, Section 6, subsection (h) of the Illinois
Constitution.
Section 180. The School Code is amended by adding Section
10-22.3g as follows:
(105 ILCS 5/10-22.3g new)
Sec. 10-22.3g. Managed Care Reform Act. Insurance protection and
benefits for employees are subject to the Managed Care Reform Act.
Section 185. The Illinois Insurance Code is amended by changing
Section 370g and adding Sections 155.36, 370s, and 511.118 as
follows:
(215 ILCS 5/155.36 new)
Sec. 155.36. Managed Care Reform Act. Insurance companies that
transact the kinds of insurance authorized under Class 1(b) or Class
2(a) of Section 4 of this Code shall comply with Sections 25 and 75
and the definition of the term "emergency medical condition" in
Section 5 of the Managed Care Reform Act.
(215 ILCS 5/370g) (from Ch. 73, par. 982g)
Sec. 370g. Definitions. As used in this Article, the following
definitions apply:
(a) "Health care services" means health care services or
products rendered or sold by a provider within the scope of the
provider's license or legal authorization. The term includes, but is
not limited to, hospital, medical, surgical, dental, vision and
pharmaceutical services or products.
(b) "Insurer" means an insurance company or a health service
corporation authorized in this State to issue policies or subscriber
contracts which reimburse for expenses of health care services.
(c) "Insured" means an individual entitled to reimbursement for
expenses of health care services under a policy or subscriber
contract issued or administered by an insurer.
(d) "Provider" means an individual or entity duly licensed or
legally authorized to provide health care services.
(e) "Noninstitutional provider" means any person licensed under
the Medical Practice Act of 1987, as now or hereafter amended.
(f) "Beneficiary" means an individual entitled to reimbursement
for expenses of or the discount of provider fees for health care
services under a program where the beneficiary has an incentive to
utilize the services of a provider which has entered into an
agreement or arrangement with an administrator.
(g) "Administrator" means any person, partnership or
corporation, other than an insurer or health maintenance organization
holding a certificate of authority under the "Health Maintenance
Organization Act", as now or hereafter amended, that arranges,
contracts with, or administers contracts with a provider whereby
beneficiaries are provided an incentive to use the services of such
provider.
(h) "Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including but not limited to severe pain) such that a prudent
layperson, who possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical attention to
result in:
(1) placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn child)
in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency" means an accidental bodily injury or emergency
medical condition which reasonably requires the beneficiary or
insured to seek immediate medical care under circumstances or at
1436 JOURNAL OF THE [March 17, 1999]
locations which reasonably preclude the beneficiary or insured
from obtaining needed medical care from a preferred provider.
(Source: P.A. 88-400.)
(215 ILCS 5/370s new)
Sec. 370s. Managed Care Reform Act. All administrators shall
comply with Section 25 and 75 of the Managed Care Reform Act.
(215 ILCS 5/511.118 new)
Sec. 511.118. Managed Care Reform Act. All administrators are
subject to the provisions of Section 25 and 75 of the Managed Care
Reform Act.
Section 190. The Comprehensive Health Insurance Plan Act is
amended by adding Section 8.6 as follows:
(215 ILCS 105/8.6 new)
Sec. 8.6. Managed Care Reform Act. The plan is subject to the
provisions of the Managed Care Reform Act.
Section 195. The Health Care Purchasing Group Act is amended by
changing Sections 15 and 20 as follows:
(215 ILCS 123/15)
Sec. 15. Health care purchasing groups; membership; formation.
(a) An HPG may be an organization formed by 2 or more employers
with no more than 500 covered employees each 2,500 covered
individuals, an HPG sponsor or a risk-bearer for purposes of
contracting for health insurance under this Act to cover employees
and dependents of HPG members. An HPG shall not be prevented from
supplementing health insurance coverage purchased under this Act by
contracting for services from entities licensed and authorized in
Illinois to provide those services under the Dental Service Plan Act,
the Limited Health Service Organization Act, or Voluntary Health
Services Plans Act. An HPG may be a separate legal entity or simply
a group of 2 or more employers with no more than 500 covered
employees each 2,500 covered individuals aggregated under this Act by
an HPG sponsor or risk-bearer for insurance purposes. There shall be
no limit as to the number of HPGs that may operate in any geographic
area of the State. No insurance risk may be borne or retained by the
HPG. All health insurance contracts issued to the HPG must be
delivered or issued for delivery in Illinois.
(b) Members of an HPG must be Illinois domiciled employers,
except that an employer domiciled elsewhere may become a member of an
Illinois HPG for the sole purpose of insuring its employees whose
place of employment is located within this State. HPG membership may
include employers having no more than 500 covered employees each
2,500 covered individuals.
(c) If an HPG is formed by any 2 or more employers with no more
than 500 covered employees each 2,500 covered individuals, it is
authorized to negotiate, solicit, market, obtain proposals for, and
enter into group or master health insurance contracts on behalf of
its members and their employees and employee dependents so long as it
meets all of the following requirements:
(1) The HPG must be an organization having the legal
capacity to contract and having its legal situs in Illinois.
(2) The principal persons responsible for the conduct of
the HPG must perform their HPG related functions in Illinois.
(3) No HPG may collect premium in its name or hold or
manage premium or claim fund accounts unless duly licensed and
qualified as a managing general agent pursuant to Section 141a of
the Illinois Insurance Code or a third party administrator
pursuant to Section 511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice, or
proposal of insurance to an employer, it must disclose to that
employer the total cost of the insurance. Dues, fees, or charges
to be paid to the HPG, HPG sponsor, or any other entity as a
HOUSE OF REPRESENTATIVES 1437
condition to purchasing the insurance must be itemized. The HPG
shall also disclose to its members the amount of any dividends,
experience refunds, or other such payments it receives from the
risk-bearer.
(5) An HPG must register with the Director before entering
into a group or master health insurance contract on behalf of its
members and must renew the registration annually on forms and at
times prescribed by the Director in rules specifying, at minimum,
(i) the identity of the officers and directors, trustees, or
attorney-in-fact of the HPG; (ii) a certification that those
persons have not been convicted of any felony offense involving a
breach of fiduciary duty or improper manipulation of accounts;
and (iii) the number of employer members then enrolled in the
HPG, together with any other information that may be needed to
carry out the purposes of this Act.
(6) At the time of initial registration and each renewal
thereof an HPG shall pay a fee of $100 to the Director.
(d) If an HPG is formed by an HPG sponsor or risk-bearer and the
HPG performs no marketing, negotiation, solicitation, or proposing of
insurance to HPG members, exclusive of ministerial acts performed by
individual employers to service their own employees, then a group or
master health insurance contract may be issued in the name of the HPG
and held by an HPG sponsor, risk-bearer, or designated employer
member within the State. In these cases the HPG requirements
specified in subsection (c) shall not be applicable, however:
(1) the group or master health insurance contract must
contain a provision permitting the contract to be enforced
through legal action initiated by any employer member or by an
employee of an HPG member who has paid premium for the coverage
provided;
(2) the group or master health insurance contract must be
available for inspection and copying by any HPG member, employee,
or insured dependent at a designated location within the State at
all normal business hours; and
(3) any information concerning HPG membership required by
rule under item (5) of subsection (c) must be provided by the HPG
sponsor in its registration and renewal forms or by the
risk-bearer in its annual reports.
(Source: P.A. 90-337, eff. 1-1-98; 90-655, eff. 7-30-98.)
(215 ILCS 123/20)
Sec. 20. HPG sponsors. Except as provided by Sections 15 and 25
of this Act, only a corporation authorized by the Secretary of State
to transact business in Illinois may sponsor one or more HPGs with no
more than 100,000 10,000 covered individuals by negotiating,
soliciting, or servicing health insurance contracts for HPGs and
their members. Such a corporation may assert and maintain authority
to act as an HPG sponsor by complying with all of the following
requirements:
(1) The principal officers and directors responsible for
the conduct of the HPG sponsor must perform their HPG sponsor
related functions in Illinois.
(2) No insurance risk may be borne or retained by the HPG
sponsor; all health insurance contracts issued to HPGs through
the HPG sponsor must be delivered in Illinois.
(3) No HPG sponsor may collect premium in its name or hold
or manage premium or claim fund accounts unless duly qualified
and licensed as a managing general agent pursuant to Section 141a
of the Illinois Insurance Code or as a third party administrator
pursuant to Section 511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice, or
proposal of insurance to an employer, it must disclose the total
1438 JOURNAL OF THE [March 17, 1999]
cost of the insurance. Dues, fees, or charges to be paid to the
HPG, HPG sponsor, or any other entity as a condition to
purchasing the insurance must be itemized. The HPG shall also
disclose to its members the amount of any dividends, experience
refunds, or other such payments it receives from the risk-bearer.
(5) An HPG sponsor must register with the Director before
negotiating or soliciting any group or master health insurance
contract for any HPG and must renew the registration annually on
forms and at times prescribed by the Director in rules
specifying, at minimum, (i) the identity of the officers and
directors of the HPG sponsor corporation; (ii) a certification
that those persons have not been convicted of any felony offense
involving a breach of fiduciary duty or improper manipulation of
accounts; (iii) the number of employer members then enrolled in
each HPG sponsored; (iv) the date on which each HPG was issued a
group or master health insurance contract, if any; and (v) the
date on which each such contract, if any, was terminated.
(6) At the time of initial registration and each renewal
thereof an HPG sponsor shall pay a fee of $100 to the Director.
(Source: P.A. 90-337, eff. 1-1-98.)
Section 200. The Health Maintenance Organization Act is amended
by changing Sections 2-2 and 6-7 and adding Section 5-3.6 as follows:
(215 ILCS 125/2-2) (from Ch. 111 1/2, par. 1404)
Sec. 2-2. Determination by Director; Health Maintenance Advisory
Board.
(a) Upon receipt of an application for issuance of a certificate
of authority, the Director shall transmit copies of such application
and accompanying documents to the Director of the Illinois Department
of Public Health. The Director of the Department of Public Health
shall then determine whether the applicant for certificate of
authority, with respect to health care services to be furnished: (1)
has demonstrated the willingness and potential ability to assure that
such health care service will be provided in a manner to insure both
availability and accessibility of adequate personnel and facilities
and in a manner enhancing availability, accessibility, and continuity
of service; and (2) has arrangements, established in accordance with
rules regulations promulgated by the Department of Public Health for
an ongoing quality of health care assurance program concerning health
care processes and outcomes. Upon investigation, the Director of the
Department of Public Health shall certify to the Director whether the
proposed Health Maintenance Organization meets the requirements of
this subsection (a). If the Director of the Department of Public
Health certifies that the Health Maintenance Organization does not
meet such requirements, he or she shall specify in what respect it is
deficient.
There is created in the Department of Public Health a Health
Maintenance Advisory Board composed of 11 members. Nine of the 11 9
members shall who have practiced in the health field and, 4 of those
9 which shall have been or shall be are currently affiliated with a
Health Maintenance Organization. Two of the members shall be members
of the general public, one of whom is over 65 years of age. Each
member shall be appointed by the Director of the Department of Public
Health and serve at the pleasure of that Director and shall receive
no compensation for services rendered other than reimbursement for
expenses. Six Five members of the Board shall constitute a quorum. A
vacancy in the membership of the Advisory Board shall not impair the
right of a quorum to exercise all rights and perform all duties of
the Board. The Health Maintenance Advisory Board has the power to
review and comment on proposed rules and regulations to be
promulgated by the Director of the Department of Public Health within
30 days after those proposed rules and regulations have been
HOUSE OF REPRESENTATIVES 1439
submitted to the Advisory Board.
(b) Issuance of a certificate of authority shall be granted if
the following conditions are met:
(1) the requirements of subsection (c) of Section 2-1 have
been fulfilled;
(2) the persons responsible for the conduct of the affairs
of the applicant are competent, trustworthy, and possess good
reputations, and have had appropriate experience, training or
education;
(3) the Director of the Department of Public Health
certifies that the Health Maintenance Organization's proposed
plan of operation meets the requirements of this Act;
(4) the Health Care Plan furnishes basic health care
services on a prepaid basis, through insurance or otherwise,
except to the extent of reasonable requirements for co-payments
or deductibles as authorized by this Act;
(5) the Health Maintenance Organization is financially
responsible and may reasonably be expected to meet its
obligations to enrollees and prospective enrollees; in making
this determination, the Director shall consider:
(A) the financial soundness of the applicant's
arrangements for health services and the minimum standard
rates, co-payments and other patient charges used in
connection therewith;
(B) the adequacy of working capital, other sources of
funding, and provisions for contingencies; and
(C) that no certificate of authority shall be issued
if the initial minimum net worth of the applicant is less
than $2,000,000. The initial net worth shall be provided in
cash and securities in combination and form acceptable to
the Director;
(6) the agreements with providers for the provision of
health services contain the provisions required by Section 2-8 of
this Act; and
(7) any deficiencies identified by the Director have been
corrected.
(Source: P.A. 86-620; 86-1475.)
(215 ILCS 125/5-3.6 new)
Sec. 5-3.6. Managed Care Reform Act. Health maintenance
organizations are subject to the provisions of the Managed Care
Reform Act.
(215 ILCS 125/6-7) (from Ch. 111 1/2, par. 1418.7)
Sec. 6-7. Board of Directors. The board of directors of the
Association shall consist consists of not less than 7 5 nor more than
11 9 members serving terms as established in the plan of operation.
The members of the board are to be selected by member organizations
subject to the approval of the Director provided, however, that 2
members shall be enrollees, one of whom is over 65 years of age.
Vacancies on the board must be filled for the remaining period of the
term in the manner described in the plan of operation. To select the
initial board of directors, and initially organize the Association,
the Director must give notice to all member organizations of the time
and place of the organizational meeting. In determining voting
rights at the organizational meeting each member organization is
entitled to one vote in person or by proxy. If the board of
directors is not selected at the organizational meeting, the Director
may appoint the initial members.
In approving selections or in appointing members to the board,
the Director must consider, whether all member organizations are
fairly represented.
Members of the board may be reimbursed from the assets of the
1440 JOURNAL OF THE [March 17, 1999]
Association for expenses incurred by them as members of the board of
directors but members of the board may not otherwise be compensated
by the Association for their services.
(Source: P.A. 85-20.)
Section 205. The Limited Health Service Organization Act is
amended by adding Section 4002.6 as follows:
(215 ILCS 130/4002.6 new)
Sec. 4002.6. Managed Care Reform Act. Except for health care
plans offering only dental services or only vision services, limited
health service organizations are subject to the provisions of the
Managed Care Reform Act.
Section 210. The Voluntary Health Services Plans Act is amended
by adding Section 15.30 as follows:
(215 ILCS 165/15.30 new)
Sec. 15.30. Managed Care Reform Act. A health service plan
corporation is subject to the provisions of the Managed Care Reform
Act.
Section 215. The Illinois Public Aid Code is amended by adding
Section 5-16.12 as follows:
(305 ILCS 5/5-16.12 new)
Sec. 5-16.12. Managed Care Reform Act. The medical assistance
program and other programs administered by the Department are subject
to the provisions of the Managed Care Reform Act. The Department may
adopt rules to implement those provisions. These rules shall require
compliance with that Act in the medical assistance managed care
programs and other programs administered by the Department. The
medical assistance fee-for-service program is not subject to the
provisions of the Managed Care Reform Act.
Section 250. Effective date. This Act takes effect January 1,
2000.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Novak, HOUSE BILL 1893 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
113, Yeas; 0, Nays; 2, Answering Present.
(ROLL CALL 27)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 147. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
HOUSE OF REPRESENTATIVES 1441
The following amendment was offered in the Committee on Consumer
Protection & Product Regulation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 147
AMENDMENT NO. 1. Amend House Bill 147 on page 1, line 5, by
replacing "Sections 55 and 95" with "Sections 15, 55, and 95"; and
on page 1, immediately below line 5, by inserting the following:
"(225 ILCS 106/15)
Sec. 15. Exemptions.
(a) This Act does not prohibit a person legally regulated in
this State by any other Act from engaging in any practice for which
he or she is authorized as long as he or she does not represent
himself or herself by the title of respiratory care practitioner.
This Act does not prohibit the practice of nonregulated professions
whose practitioners are engaged in the delivery of respiratory care
as long as these practitioners do not represent themselves as or use
the title of a respiratory care practitioner.
(b) Nothing in this Act shall prohibit the practice of
respiratory care by a person who is employed by the United States
government or any bureau, division, or agency thereof while in the
discharge of the employee's official duties.
(c) Nothing in this Act shall be construed to limit the
activities and services of a person enrolled in an approved course of
study leading to a degree or certificate of registry or certification
eligibility in respiratory care if these activities and services
constitute a part of a supervised course of study and if the person
is designated by a title which clearly indicates his or her status as
a student or trainee. Status as a student or trainee shall not
exceed 3 years from the date of enrollment in an approved course.
(d) Nothing in this Act shall prohibit a person from treating
ailments by spiritual means through prayer alone in accordance with
the tenets and practices of a recognized church or religious
denomination.
(e) Nothing in this Act shall be construed to prevent a person
who is a registered nurse or a certified registered nurse anesthetist
or a licensed practical nurse from providing respiratory care.
(f) Nothing in this Act shall limit a person who is credentialed
by the National Society for Cardiopulmonary Technology or the
National Board for Respiratory Care from performing pulmonary
function tests and related respiratory care procedures for which
appropriate competencies have been demonstrated.
(g) Nothing in this Act shall prohibit the collection and
analysis of blood by clinical laboratory personnel meeting the
personnel standards of the Illinois Clinical Laboratory Act.
(h) Nothing in this Act shall limit the activities of a person
who is not licensed under this Act from performing respiratory care
if he or she does not represent himself or herself as a respiratory
care practitioner.
(i) Nothing in this Act shall prohibit qualified members of
other professional groups, including but not limited to nurses, from
performing or advertising that he or she performs the work of a
respiratory care practitioner in a manner consistent with his or her
training, or any code of ethics of his or her respective professions,
but only if he or she does not represent himself or herself by any
title or description as a respiratory care practitioner.
(j) This Act does not prohibit a hospital, nursing home,
long-term care facility, home health agency, health system or
network, or any other organization or institution that provides
health or illness care for individuals or communities from providing
1442 JOURNAL OF THE [March 17, 1999]
respiratory care through practitioners that the organization
considers competent. These entities shall not be required to utilize
licensed respiratory care practitioners to practice respiratory care
when providing respiratory care for their patients or customers.
Organizations providing respiratory care may decide who is competent
to deliver that respiratory care. Nothing in this Act shall be
construed to limit the ability of an employer to utilize a
respiratory care practitioner within the employment setting
consistent with the individual's skill and training.
(Source: P.A. 89-33, eff. 1-1-96.)"; and
on page 1, by replacing lines 11 through 17 with the following:
"unless he or she is licensed under this Act. Individuals who have
been licensed respiratory care practitioners in any jurisdiction and
who are seeking to practice respiratory care in this State must apply
for licensure within 45 days after beginning employment within the
State.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 378. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Mental
Health & Patient Abuse, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 378
AMENDMENT NO. 1. Amend House Bill 378 on page 1, by replacing
lines 21 through 26 with the following:
"(b), those funds shall be added to the funds appropriated to the
Department of Human Services to be used for: (i) mental health
services in the same service area, as that term is defined in Section
1-114.5 of the Mental Health and Developmental Disabilities Code, as
the mental health facility whose funding is being reduced or
eliminated; (ii) the mental health facility or facilities that will
have responsibility for the service area or a portion of the service
area of the mental health facility whose funding is being reduced;
and (iii) the Chester Mental Health Center to ensure appropriate
staffing levels, as this facility provides services to all areas of
the State.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 423. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Consumer
Protection & Product Regulation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 423
AMENDMENT NO. 1. Amend House Bill 423 by replacing everything
after the enacting clause with the following:
HOUSE OF REPRESENTATIVES 1443
"Section 5. The Hospital Licensing Act is amended by changing
Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d as
follows:
(210 ILCS 85/6.14a new)
Sec. 6.14a. Public disclosure of information. The following
information is subject to disclosure to the public from the
Department:
(1) Information submitted under Section 5 of this Act;
(2) Final records of license and certification inspections,
surveys, and evaluations of hospitals;
(3) Investigated complaints filed against a hospital and
complaint investigation reports, except that a complaint or complaint
investigation report shall not be disclosed to a person other than
the complainant or complainant's representative before it is
disclosed to a hospital, and except that a complainant or patient's
name shall not be disclosed.
The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public
records required by the Freedom of Information Act.
However, the disclosure of information described in subsection
(1) shall not be restricted by any provision of the Freedom of
Information Act.
Notwithstanding any other provision of law, under no
circumstances shall the Department disclose information obtained from
a hospital that is confidential under Part 21 of Article 8 of the
Code of Civil Procedure.
Any records or reports of inspections, surveys, or evaluations of
hospitals may be disclosed only after the acceptance of a plan of
correction by the Health Care Financing Administration of the U.S.
Department of Health and Human Services or the Department, as
appropriate, or at the conclusion of any administrative review of the
Department's decision, or at the conclusion of any judicial review of
such administrative decision. Whenever any record or report is
subject to disclosure under this Section, the Department shall permit
the hospital to provide a written statement pertaining to such report
which shall be included as part of the information to be disclosed.
The Department shall not divulge or disclose any record or report in
a manner that identifies or would permit the identification of any
natural person.
(210 ILCS 85/6.14b new)
Sec. 6.14b. Confidentiality of patient records.
(a) The Department shall respect the confidentiality of a
patient's record and shall not divulge or disclose the contents of a
record in a manner which identifies a patient, except upon a
patient's death to a relative or guardian, as permitted by law, or
under judicial proceedings. This Section shall not be construed to
limit the right of a patient to inspect or copy his or her records.
(b) Confidential medical, social, personal, or financial
information identifying a patient shall not be available for public
inspection in a manner which identifies a patient.
(210 ILCS 85/6.14c new)
Sec. 6.14c. Posting of information. Every hospital shall
conspicuously post for display in an area of its offices accessible
to patient's, employees, and visitors the following:
(1) its current license;
(2) a description, provided by the Department, of complaint
procedures established under this Act and the name, address, and
telephone number of a person authorized by the Department to receive
complaints;
(3) A list of any orders pertaining to the hospital issued by
the Department during the past year and any court orders reviewing
1444 JOURNAL OF THE [March 17, 1999]
such Department orders issued during the past year; and
(4) A list of the material available for public inspection under
Section 6.14d.
(210 ILCS 85/6.14d new)
Sec. 6.14d. Materials available for public inspection. A hospital
shall retain for 5 years the following for public inspection:
(1) a complete copy of every final inspection report of the
hospital received from the Department; and
(2) a copy of every final order pertaining to the hospital
issued by the Department during the past 5 years and any court orders
reviewing such Department orders.
(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
Sec. 9. Inspections and investigations. The Department shall make
or cause to be made such inspections and investigations as it deems
necessary. Information received by the Department through filed
reports, inspection, or as otherwise authorized under this Act shall
not be disclosed publicly in such manner as to identify individuals
or hospitals, except (i) in a proceeding involving the denial,
suspension, or revocation of a permit to establish a hospital or a
proceeding involving the denial, suspension, or revocation of a
license to open, conduct, operate, and maintain a hospital, (ii) to
the Department of Children and Family Services in the course of a
child abuse or neglect investigation conducted by that Department or
by the Department of Public Health, (iii) in accordance with Section
6.14a of this Act, or (iv) (iii) in other circumstances as may be
approved by the Hospital Licensing Board.
(Source: P.A. 90-608, eff. 6-30-98.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 498. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 498
AMENDMENT NO. 1. Amend House Bill 498 by replacing everything
after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Section 17-23 as follows:
(720 ILCS 5/17-23 new)
Sec. 17-23. Counterfeit retail sales receipt and Universal Price
Code Label.
(a) A person who, with intent to defraud a merchant, possesses,
uses, transfers, makes, sells, reproduces, tenders, or delivers a
false, counterfeit, altered, or simulated retail sales receipt or a
Universal Price Code Label is guilty of a Class 4 felony.
(b) A person who possesses more than one false, counterfeit,
altered, or simulated retail sales receipt or more than one false,
counterfeit, altered, or simulated Universal Price Code Label or who
possesses a device the purpose of which is to manufacture false,
counterfeit, altered, or simulated retail sales receipts or Universal
Price Code Labels is guilty of a Class 3 felony.
(d) Definitions. In this Section:
"Universal Price Code Label" means a unique symbol that consists
HOUSE OF REPRESENTATIVES 1445
of a machine readable code and human readable numbers.
"Merchant" has the meaning ascribed to it in Section 16A-2.4 of
this Code.
"Intent to defraud" has the meaning ascribed to it in paragraph
(iii) of subsection (A) of Section 17-1 of this Code.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been printed, the following bill was taken up, read by
title a second time and advanced to the order of Third Reading: HOUSE
BILL 543.
HOUSE BILL 1117. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1117
AMENDMENT NO. 1. Amend House Bill 1117 by replacing the title
with the following:
"AN ACT to amend the Local Government Debt Reform Act by changing
Sections 15, 16, and 17 and by adding Section 17.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Local Government Debt Reform Act is amended by
changing Sections 15, 16, and 17 and by adding Section 17.5 as
follows:
(30 ILCS 350/15) (from Ch. 17, par. 6915)
Sec. 15. Double-barrelled bonds. Whenever revenue bonds have
been authorized to be issued pursuant to applicable law or whenever
there exists for a governmental unit a revenue source, the procedures
set forth in this Section may be used by a governing body. General
obligation bonds may be issued in lieu of such revenue bonds as
authorized, and general obligation bonds may be issued payable from
any revenue source. Such general obligation bonds may be referred to
as "alternate bonds". Alternate bonds may be issued without any
referendum or backdoor referendum except as provided in this Section,
upon the terms provided in Section 10 of this Act without reference
to other provisions of law, but only upon the conditions provided in
this Section. Alternate bonds shall not be regarded as or included
in any computation of indebtedness for the purpose of any statutory
provision or limitation except as expressly provided in this Section.
Such conditions are:
(a) Alternate bonds shall be issued for a lawful corporate
purpose. If issued in lieu of revenue bonds, alternate bonds shall
be issued for the purposes for which such revenue bonds shall have
been authorized. If issued payable from a revenue source in the
manner hereinafter provided, which revenue source is limited in its
purposes or applications, then the alternate bonds shall be issued
only for such limited purposes or applications. Alternate bonds may
be issued payable from either enterprise revenues or revenue sources,
or both.
(b) Alternate bonds shall be subject to backdoor referendum.
The provisions of Section 5 of this Act shall apply to such backdoor
referendum, together with the provisions hereof. The authorizing
ordinance shall be published in a newspaper of general circulation in
1446 JOURNAL OF THE [March 17, 1999]
the governmental unit. Along with or as part of the authorizing
ordinance, there shall be published a notice of (1) the specific
number of voters required to sign a petition requesting that the
issuance of the alternate bonds be submitted to referendum, (2) the
time when such petition must be filed, (3) the date of the
prospective referendum, and (4), with respect to authorizing
ordinances adopted on or after January 1, 1991, a statement that
identifies any revenue source that will be used to pay the principal
of and interest on the alternate bonds. The clerk or secretary of
the governmental unit shall make a petition form available to anyone
requesting one. If no petition is filed with the clerk or secretary
within 30 days of publication of the authorizing ordinance and
notice, the alternate bonds shall be authorized to be issued. But if
within this 30 days period, a petition is filed with such clerk or
secretary signed by electors numbering the greater of (i) 7.5% of the
registered voters in the governmental unit or (ii) 200 of those
registered voters or 15% of those registered voters, whichever is
less, asking that the issuance of such alternate bonds be submitted
to referendum, the clerk or secretary shall certify such question for
submission at an election held in accordance with the general
election law. The question on the ballot shall include a statement of
any revenue source that will be used to pay the principal of and
interest on the alternate bonds. The alternate bonds shall be
authorized to be issued if a majority of the votes cast on the
question at such election are in favor thereof provided that notice
of the bond referendum, if heretofore or hereafter held, has been or
shall be given in accordance with the provisions of Section 12-5 of
the Election Code, at least 10 and not more than 45 days before the
date of the election, notwithstanding the time for publication
otherwise imposed by Section 12-5. Backdoor referendum proceedings
for bonds and alternate bonds to be issued in lieu of such bonds may
be conducted at the same time.
(c) To the extent payable from enterprise revenues, such
revenues shall have been determined by the governing body to be
sufficient to provide for or pay in each year to final maturity of
such alternate bonds all of the following: (1) costs of operation
and maintenance of the utility or enterprise, but not including
depreciation, (2) debt service on all outstanding revenue bonds
payable from such enterprise revenues, (3) all amounts required to
meet any fund or account requirements with respect to such
outstanding revenue bonds, (4) other contractual or tort liability
obligations, if any, payable from such enterprise revenues, and (5)
in each year, an amount not less than 1.25 times debt service of all
(i) alternate bonds payable from such enterprise revenues previously
issued and outstanding and (ii) alternate bonds proposed to be
issued. To the extent payable from one or more revenue sources, such
sources shall have been determined by the governing body to provide
in each year, an amount not less than 1.25 times debt service of all
alternate bonds payable from such revenue sources previously issued
and outstanding and alternate bonds proposed to be issued. The
conditions enumerated in this subsection (c) need not be met for that
amount of debt service provided for by the setting aside of proceeds
of bonds or other moneys at the time of the delivery of such bonds.
(d) The determination of the sufficiency of enterprise revenues
or a revenue source, as applicable, shall be supported by reference
to the most recent audit of the governmental unit, which shall be for
a fiscal year ending not earlier than 18 months previous to the time
of issuance of the alternate bonds. If such audit does not
adequately show such enterprise revenues or revenue source, as
applicable, or if such enterprise revenues or revenue source, as
applicable, are shown to be insufficient, then the determination of
HOUSE OF REPRESENTATIVES 1447
sufficiency shall be supported by the report of an independent
accountant or feasibility analyst, the latter having a national
reputation for expertise in such matters, demonstrating the
sufficiency of such revenues and explaining, if appropriate, by what
means the revenues will be greater than as shown in the audit.
Whenever such sufficiency is demonstrated by reference to a schedule
of higher rates or charges for enterprise revenues or a higher tax
imposition for a revenue source, such higher rates, charges or taxes
shall have been properly imposed by an ordinance adopted prior to the
time of delivery of alternate bonds. The reference to and acceptance
of an audit or report, as the case may be, and the determination of
the governing body as to sufficiency of enterprise revenues or a
revenue source shall be conclusive evidence that the conditions of
this Section have been met and that the alternate bonds are valid.
(e) The enterprise revenues or revenue source, as applicable,
shall be in fact pledged to the payment of the alternate bonds; and
the governing body shall covenant, to the extent it is empowered to
do so, to provide for, collect and apply such enterprise revenues or
revenue source, as applicable, to the payment of the alternate bonds
and the provision of not less than an additional .25 times debt
service. The pledge and establishment of rates or charges for
enterprise revenues, or the imposition of taxes in a given rate or
amount, as provided in this Section for alternate bonds, shall
constitute a continuing obligation of the governmental unit with
respect to such establishment or imposition and a continuing
appropriation of the amounts received. All covenants relating to
alternate bonds and the conditions and obligations imposed by this
Section are enforceable by any bondholder of alternate bonds
affected, any taxpayer of the governmental unit, and the People of
the State of Illinois acting through the Attorney General or any
designee, and in the event that any such action results in an order
finding that the governmental unit has not properly set rates or
charges or imposed taxes to the extent it is empowered to do so or
collected and applied enterprise revenues or any revenue source, as
applicable, as required by this Act, the plaintiff in any such action
shall be awarded reasonable attorney's fees. The intent is that such
enterprise revenues or revenue source, as applicable, shall be
sufficient and shall be applied to the payment of debt service on
such alternate bonds so that taxes need not be levied, or if levied
need not be extended, for such payment. Nothing in this Section
shall inhibit or restrict the authority of a governing body to
determine the lien priority of any bonds, including alternate bonds,
which may be issued with respect to any enterprise revenues or
revenue source.
In the event that alternate bonds shall have been issued and
taxes, other than a designated revenue source, shall have been
extended pursuant to the general obligation, full faith and credit
promise supporting such alternate bonds, then the amount of such
alternate bonds then outstanding shall be included in the computation
of indebtedness of the governmental unit for purposes of all
statutory provisions or limitations until such time as an audit of
the governmental unit shall show that the alternate bonds have been
paid from the enterprise revenues or revenue source, as applicable,
pledged thereto for a complete fiscal year.
Alternate bonds may be issued to refund or advance refund
alternate bonds without meeting any of the conditions set forth in
this Section, except that the term of the refunding bonds shall not
be longer than the term of the refunded bonds and that the debt
service payable in any year on the refunding bonds shall not exceed
the debt service payable in such year on the refunded bonds.
Once issued, alternate bonds shall be and forever remain until
1448 JOURNAL OF THE [March 17, 1999]
paid or defeased the general obligation of the governmental unit, for
the payment of which its full faith and credit are pledged, and shall
be payable from the levy of taxes as is provided in this Act for
general obligation bonds.
The changes made by this amendatory Act of 1990 do not affect the
validity of bonds authorized before September 1, 1990.
(Source: P.A. 90-812, eff. 1-26-99.)
(30 ILCS 350/16) (from Ch. 17, par. 6916)
Sec. 16. Levy for bonds. A governmental unit may levy a tax for
the payment of principal of and interest on general obligation bonds
or limited bonds at any time prior to March 1 of the calendar year
during which the tax will be collected. The county clerk shall
accept the filing of the ordinance levying such tax notwithstanding
that such time is subsequent to the end of the calendar year next
preceding the calendar year during which such tax will be collected.
In extending taxes for general obligation bonds, the county clerk
shall add to the levy for debt service on such bonds an amount
sufficient, in view of all losses and delinquencies in tax
collection, to produce tax receipts adequate for the prompt payment
of such debt service.
(Source: P.A. 88-676, eff. 12-14-94.)
(30 ILCS 350/17) (from Ch. 17, par. 6917)
Sec. 17. Interest not debt; debt on Leases and installment
contracts.
(a) Interest not debt; debt on leases and installment contracts.
Interest on bonds shall not be included in any computation of
indebtedness of a governmental unit for the purpose of any statutory
provision or limitation. For bonds consisting of leases and
installment or financing contracts, (1) that portion of payments made
by a governmental unit under the terms of a bond designated as
interest in the bond or the ordinance authorizing such bond shall be
treated as interest for purposes of this Section (2) where portions
of payments due under the terms of a bond have not been designated as
interest in the bond or the ordinance authorizing such bond, and all
or a portion of such payments is to be used for the payment of
principal of and interest on other bonds of the governmental unit or
bonds issued by another unit of local government, such as a public
building commission, the payments equal to interest due on such
corresponding bonds shall be treated as interest for purposes of this
Section and (3) where portions of payments due under the terms of a
bond have not been designated as interest in the bond or ordinance
authorizing such bond and no portion of any such payment is to be
used for the payment of principal of and interest on other bonds of
the governmental unit or another unit of local government, a portion
of each payment due under the terms of such bond shall be treated as
interest for purposes of this Section; such portion shall be equal in
amount to the interest that would have been paid on a notional
obligation of the governmental unit (bearing interest at the highest
rate permitted by law for bonds of the governmental unit at the time
the bond was issued or, if no such limit existed, 12%) on which the
payments of principal and interest were due at the same times and in
the same amounts as payments are due under the terms of the bonds.
The rule set forth in this Section shall be applicable to all
interest no matter when earned or accrued or at what interval paid,
and whether or not a bond bears interest which compounds at certain
intervals. For purposes of bonds sold at amounts less than 95% of
their stated value at maturity, interest for purposes of this Section
includes the difference between the amount set forth on the face of
the bond as the original principal amount and the bond's received for
the sale of the bonds and their stated value at maturity.
This subsection Section may be made applicable to bonds issued
HOUSE OF REPRESENTATIVES 1449
prior to the effective date of this Act by passage of an ordinance to
such effect by the governing body of a governmental unit.
(b) Purchase or lease of property. The governing body of each
governmental unit may purchase or lease either real or personal
property through agreements that provide that the consideration for
the purchase or lease may be paid through installments made at stated
intervals for a period of no more than 20 years or another period of
time authorized by law, whichever is greater. Each governmental unit
may issue certificates evidencing the indebtedness incurred under the
agreements. The certificate shall be valid whether or not an
appropriation with respect thereto is included in any annual or
supplemental budget adopted by the governmental unit. The governing
body of each governmental unit may sell, convey, and reacquire either
real or personal property, upon any terms and conditions and in any
manner, as the governing body shall determine, if the governmental
unit will lease the property, as authorized by this subsection or any
other applicable law.
All indebtedness incurred under this subsection, when aggregated
with the existing indebtedness of the governmental unit, may not
exceed the debt limits provided by applicable law.
(Source: P.A. 85-1419.)
(30 ILCS 350/17.5 new)
Sec. 17.5. Bond authorization by referendum. Whenever
applicable law provides that the authorization of or the issuance of
bonds is subject to either a front-door or back-door referendum, the
approval, once obtained, remains valid (i) for 10 years after the
date of the front-door referendum or (ii) for 3 years after the end
of the petition period for a back-door referendum.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Burke, HOUSE BILL 274 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
64, Yeas; 52, Nays; 0, Answering Present.
(ROLL CALL 28)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Howard, HOUSE
BILL 1147 was recalled from the order of Third Reading to the order
1450 JOURNAL OF THE [March 17, 1999]
of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1286. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1286
AMENDMENT NO. 1. Amend House Bill 1286 by replacing the title
with the following:
"AN ACT to create the Land Trust Fiduciary Duties Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Land Trust
Fiduciary Duties Act.
Section 5. Legislative finding; purpose.
(a) The General Assembly finds that the Illinois judiciary
system and the federal judiciary system have unclear court decisions
as to whether the holders of the power of direction have fiduciary
duties to the holders of the beneficial interest in land trusts. The
terms "land trust" and "beneficial interest" have the same meanings
as defined in Section 2 of the Land Trustee as Creditor Act.
(b) It is the purpose of this Act to clarify that holders of the
power of direction have a fiduciary duty to the holders of the
beneficial interest in land trusts as declaratory of existing law.
Section 10. Holders of the power of direction; definition.
"Holders of the power of direction" means the persons or entities
having the authority to direct the trustee to convey, execute a
mortgage, distribute proceeds of sale or financing, and execute
documents incidental to the execution of a land trust.
Section 15. Fiduciary duties of holders of the power of
direction. The power of direction, unless provided otherwise in the
land trust agreement, is conferred upon the holders thereof for the
use and benefit of all of the holders of the beneficial interest in
the land trust. In exercising the power of direction, the holders
act in a fiduciary capacity for the benefit of all holders of the
beneficial interest in the trust. The beneficial interest shall be
indefeasible and the power of direction shall not be so exercised to
alter, amend, revoke, terminate, defeat, or otherwise affect or
change the enjoyment of any beneficial interest.
Section 20. Application of Act. This Act is declaratory of
existing law and is intended to remove any possible conflicts or
ambiguities, thereby confirming the existing law pertinent to land
trusts and shall apply to all land trusts in effect before, on, or
after the effective date of this Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1382. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
HOUSE OF REPRESENTATIVES 1451
The following amendment was offered in the Committee on
Registration & Regulation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1382
AMENDMENT NO. 1. Amend House Bill 1382 by replacing the title
with the following:
"AN ACT to amend the Illinois Dental Practice Act by changing
Section 35."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Dental Practice Act is amended by
changing Section 35 as follows:
(225 ILCS 25/35) (from Ch. 111, par. 2335)
Sec. 35. Unreasonable revocation orders. In the event that the
Department's order of revocation, suspension, placement on
probationary status, or other order of formal disciplinary action is
without any reasonable basis in fact of any kind, then the State of
Illinois shall be liable to the injured dentist or dental hygienist
for those special damages suffered as a direct result of the such
order; provided, however, any suit for such damages must be filed in
the Court of Claims.
(Source: P.A. 84-365.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1464. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1464
AMENDMENT NO. 1. Amend House Bill 1464 on page 1, by deleting
lines 7 through 31; and
by deleting pages 2 through 20.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1742. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Financial
Institutions, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1742
AMENDMENT NO. 1. Amend House Bill 1742 on page 2, line 10, by
inserting after "checks," the following:
"excluding any charges that may be lawfully withheld relative to
these items,"; and
on page 2, by replacing lines 15 through 17 with the following:
"years from the date of its issuance, unless the owner has within 5
1452 JOURNAL OF THE [March 17, 1999]
years or".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1936. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Revenue,
adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1936
AMENDMENT NO. 1. Amend House Bill 1936 by replacing the title
with the following:
"AN ACT to amend the Illinois Income Tax Act by changing Section
101."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Income Tax Act is amended by changing
Section 101 as follows:
(35 ILCS 5/101) (from Ch. 120, par. 1-101)
Sec. 101. Short Title. This Act shall be known and may be cited
as the "Illinois Income Tax Act."
(Source: P.A. 76-261.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2616. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 2777. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on
Insurance, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 2777
AMENDMENT NO. 1. Amend House Bill 2777 on page 11 by replacing
lines 30 through 34 with the following:
"(c) The Director may require that additional summary financial
information be filed no more often than 3 times per year on reporting
forms provided by him. However, he may request certain key
information on a more frequent basis if necessary for a determination
of the financial viability of the organization."; and
on page 12 by deleting line 1; and
on page 14 by replacing lines 22 through 27 with the following:
"(c) The Director may require that additional summary financial
information be filed no more often than 3 times per year on reporting
HOUSE OF REPRESENTATIVES 1453
forms provided by him. However, he may request certain key
information on a more frequent basis if necessary for a determination
of the financial viability of the organization.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 539. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Registration & Regulation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 539
AMENDMENT NO. 1. Amend House Bill 539 by replacing the title
with the following:
"AN ACT to amend the Illinois Plumbing License Law by changing
Section 2."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Plumbing License Law is amended by
changing Section 2 as follows:
(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. Definitions. When used in this Act:
"Agent" means a person designated by a sponsor as responsible for
supervision of an apprentice plumber and who is also an Illinois
licensed plumber.
"Apprentice plumber" means any licensed person who is learning
and performing plumbing under the supervision of a sponsor or his
agent in accordance with the provisions of this Act.
"Approved apprenticeship program" means an apprenticeship program
approved by the U.S. Department of Labor's Bureau of Apprenticeship
and Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing Examiners.
"Building drain" means that part of the lowest horizontal piping
of a drainage system that receives the discharge from soil, waste,
and other drainage pipes inside the walls of a building and conveys
it to 5 feet beyond the foundation walls where it is connected to the
building sewer.
"Building sewer" means that part of the horizontal piping of a
drainage system that extends from the end of the building drain,
receives the discharge of the building drain and conveys it to a
public sewer or private sewage disposal system.
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of
Public Health.
"Governmental unit" means a city, village, incorporated town,
county, or sanitary or water district.
"Lawn sprinkler system" means any irrigation system of lawn,
shrubbery and other vegetation from any potable water sources; and
from any water sources, whether or not potable, in: (i) any county
with a population of 3,000,000 or more; (ii) any county with a
population of 275,000 or more which is contiguous in whole or in part
to a county with a population of 3,000,000 or more; and (iii) any
county with a population of 37,000 or more but less than 150,000
which is contiguous to 2 or more counties with respective populations
in excess of 275,000. Such system includes without limitation the
water supply piping, valves and sprinkler heads or other irrigation
1454 JOURNAL OF THE [March 17, 1999]
outlets. Lawn sprinkler system does not include an irrigation system
used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation,
partnership, or association.
"Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
"Plumbing" means the actual installation, repair, maintenance,
alteration or extension of a plumbing system by any person.
Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including without
limitation lawn sprinkler systems, from the source of a private water
supply on the premises or from the main in the street, alley or at
the curb to, within and about any building or buildings where a
person or persons live, work or assemble.
Plumbing includes all piping, from discharge of pumping units to
and including pressure tanks in water supply systems.
Plumbing includes all piping, fixtures, appurtenances, and
appliances for a building drain and a sanitary drainage and related
ventilation system of any building or buildings where a person or
persons live, work or assemble from the point of connection of such
building drain to the building sewer or private sewage disposal
system 5 feet beyond the foundation walls.
Plumbing does not mean or include the trade of drain-laying, the
trade of drilling water wells which constitute the sources of private
water supplies, and of making connections between such wells and
pumping units in the water supply systems of buildings served by such
private water supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the business
of manufacturing or selling plumbing fixtures, appliances, equipment
or hardware, or to the installation and servicing of electrical
equipment sold by a not-for-profit corporation providing
electrification on a cooperative basis, that either on or before
January 1, 1971, is or has been financed in whole or in part under
the federal "Rural Electrification Act of 1936" and the Acts
amendatory thereof and supplementary thereto, to its members for use
on farms owned by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in the
piping to or from plumbing fixtures or involve the removal,
replacement, installation or re-installation of any pipe or plumbing
fixtures. Plumbing does not include the installation, repair,
maintenance, alteration or extension of building sewers.
"Plumbing fixtures" means installed receptacles, devices or
appliances that are supplied with water or that receive or discharge
liquids or liquid borne wastes, with or without discharge into the
drainage system with which they may be directly or indirectly
connected.
"Plumbing system" means the water service, water supply and
distribution pipes; plumbing fixtures and traps; soil, waste and vent
pipes; building drains; including their respective connections,
devices and appurtenances. Plumbing system does not include building
sewers as defined in this Act.
"Retired plumber" means any licensed plumber in good standing who
meets the requirements of this Act and the requirements prescribed by
Department rule to be licensed as a retired plumber and voluntarily
surrenders his plumber's license to the Department, in exchange for a
retired plumber's license. Retired plumbers cannot perform plumbing
as defined in this Act, cannot sponsor or supervise apprentice
plumbers, and cannot inspect plumbing under this Act. A retired
plumber cannot fulfill the requirements of subsection (3) of Section
3 of this Act.
HOUSE OF REPRESENTATIVES 1455
"Supervision" with respect to first and second year licensed
apprentice plumbers means that such apprentices must perform all
designing and planning of plumbing systems and all plumbing as
defined in this Act under the direct personal supervision of the
sponsor or his or her agent who must also be an Illinois licensed
plumber, except for maintenance and repair work on existing plumbing
systems done by second year apprentice plumbers; provided that before
performing any maintenance and repair work without such supervision,
such apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States Department of
Labor's Bureau of Apprenticeship and Training for apprentice plumbers
in a Bureau of Apprenticeship and Training approved plumber
apprenticeship program or its equivalent. "Supervision" with respect
to all other apprentice plumbers means that, except for maintenance
and repair work on existing plumbing systems, any plumbing done by
such apprentices must be inspected daily, after initial rough-in and
after completion by the sponsor or his or her agent who is also an
Illinois licensed plumber. In addition, all repair and maintenance
work done by a licensed apprentice plumber on an existing plumbing
system must be approved by the sponsor or his or her agent who is
also an Illinois licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an Illinois
licensed apprentice plumber for education and training in the field
of plumbing and whose name and license number or apprenticeship
program number shall appear on the individual's application for an
apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice plumber
has been accepted by an Illinois licensed plumber or an approved
apprenticeship program for apprenticeship training.
(Source: P.A. 89-665, eff. 8-14-96.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1811. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1811
AMENDMENT NO. 1. Amend House Bill 1811 by replacing the title
with the following:
"AN ACT to amend the School Code by changing Sections 13A-2.5,
13A-4, and 13A-8 and adding Section 13A-12."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
13A-2.5, 13A-4, and 13A-8 and adding Section 13A-12 as follows:
(105 ILCS 5/13A-2.5)
Sec. 13A-2.5. Disruptive student. "Disruptive student" includes
suspension or expulsion eligible students in any of grades 6 through
12. Suspension or expulsion eligible students are those students
that have been found to be eligible for suspension or expulsion
through the discipline process established by a school district. A
student returned to the community after incarceration by the
Department of Corrections and enrolled in a school district may be
1456 JOURNAL OF THE [March 17, 1999]
designated as a disruptive student by a school district for a period
of up to 18 months from the date of release from incarceration by the
Department of Corrections.
(Source: P.A. 89-383, eff. 8-18-95.)
(105 ILCS 5/13A-4)
Sec. 13A-4. Administrative transfers. A student (i) who is
determined to be subject to suspension or expulsion in the manner
provided by Section 10-22.6 (or, in the case of a student enrolled in
the public schools of a school district organized under Article 34,
in accordance with the uniform system of discipline established under
Section 34-19) or (ii) who has been returned to the community after
incarceration by the Department of Corrections and has been
designated a disruptive student, as defined in Section 13A-2.5, may
be immediately transferred to the alternative program. At the
earliest time following that transfer, appropriate personnel from the
sending school district or the Department of Corrections and
appropriate personnel of the alternative program shall meet to
develop an alternative education plan for the student. The student's
parent or guardian shall be invited to this meeting. The student may
be invited. The alternative educational plan shall include, but not
be limited to all of the following:
(1) The duration of the plan, including a date after which
the student may be returned to the regular educational program in
the public schools of the transferring district. If the parent
or guardian of a student who is scheduled to be returned to the
regular education program in the public schools of the district
files a written objection to the return with the principal of the
alternative school, the matter shall be referred by the principal
to the regional superintendent of the educational service region
in which the alternative school program is located for a hearing.
Notice of the hearing shall be given by the regional
superintendent to the student's parent or guardian. After the
hearing, the regional superintendent may take such action as he
or she finds appropriate and in the best interests of the
student. The determination of the regional superintendent shall
be final.
(2) The specific academic and behavioral components of the
plan.
(3) A method and time frame for reviewing the student's
progress.
Notwithstanding any other provision of this Article, if a student for
whom an individualized educational program has been developed under
Article 14 is transferred to an alternative school program under this
Article 13A, that individualized educational program shall continue
to apply to that student following the transfer unless modified in
accordance with the provisions of Article 14.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
(105 ILCS 5/13A-8)
Sec. 13A-8. Funding.
(a) The State of Illinois shall provide funding for the
alternative school programs within each educational service region
and within the Chicago public school system by line item
appropriation made to the State Board of Education for that purpose.
This money, when appropriated, shall be provided to the regional
superintendent, and to the Chicago Board of Education, and to any
school district operating under Article 33 of this Code that provides
a regional alternative school program, who shall establish a budget,
including salaries, for their alternative school programs. Each
program shall receive funding in the amount of $30,000 plus an amount
based on the ratio of the region's or Chicago's best 3 months'
average daily attendance in grades pre-kindergarten through 12 to the
HOUSE OF REPRESENTATIVES 1457
statewide totals of these amounts. For purposes of this calculation,
the best 3 months' average daily attendance for each region or
Chicago shall be calculated by adding to the best 3 months' average
daily attendance the number of low-income students identified in the
most recently available federal census multiplied by one-half times
the percentage of the region's or Chicago's low-income students to
the State's total low-income students. The State Board of Education
shall retain up to 1.1% of the appropriation to be used to provide
technical assistance, professional development, and evaluations for
the programs.
(a-5) Notwithstanding any other provisions of this Section, for
the 1998-1999 fiscal year, the total amount distributed under
subsection (a) for an alternative school program shall be not less
than the total amount that was distributed under that subsection for
that alternative school program for the 1997-1998 fiscal year. If an
alternative school program is to receive a total distribution under
subsection (a) for the 1998-1999 fiscal year that is less than the
total distribution that the program received under that subsection
for the 1997-1998 fiscal year, that alternative school program shall
also receive, from a separate appropriation made for purposes of this
subsection (a-5), a supplementary payment equal to the amount by
which its total distribution under subsection (a) for the 1997-1998
fiscal year exceeds the amount of the total distribution that the
alternative school program receives under that subsection for the
1998-1999 fiscal year. If the amount appropriated for supplementary
payments to alternative school programs under this subsection (a-5)
is insufficient for that purpose, those supplementary payments shall
be prorated among the alternative school programs entitled to receive
those supplementary payments according to the aggregate amount of the
appropriation made for purposes of this subsection (a-5).
(b) An alternative school program shall be entitled to receive
general State aid as calculated in subsection (K) of Section 18-8.05
upon filing a claim as provided therein. Any time that a student who
is enrolled in an alternative school program spends in work-based
learning, community service, or a similar alternative educational
setting shall be included in determining the student's minimum number
of clock hours of daily school work that constitute a day of
attendance for purposes of calculating general State aid.
(c) An alternative school program may receive additional funding
from its school districts in such amount as may be agreed upon by the
parties and necessary to support the program. In addition, an
alternative school program is authorized to accept and expend gifts,
legacies, and grants, including but not limited to federal grants,
from any source for purposes directly related to the conduct and
operation of the program.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; 89-636, eff.
8-9-96; 90-14, eff. 7-1-97; 90-283, eff. 7-31-97; 90-802, eff.
12-15-98.)
(105 ILCS 5/13A-12 new)
Sec. 13A-12. Alternative school program in region containing a
district operating under Article 33. Beginning with the 1999-2000
school year, in any region containing a school district operating
under Article 33 of this Code, the board of education of the district
shall perform the duties assigned by this Article to the regional
superintendent of schools. The board of education shall contract
with a nonprofit corporation formed under Illinois law and whose
board includes the regional superintendent to administer the
alternative school program for the region. The program shall be
exempt from State laws and rules governing public schools to the same
extent as a charter school established under Article 27A of this
Code. This program shall be the sole alternative school program for
1458 JOURNAL OF THE [March 17, 1999]
the region, provided that the regional superintendent may seek
approval under Section 13A-3 of this Code to operate an additional
program.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1325. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Mental
Health & Patient Abuse, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1325
AMENDMENT NO. 1. Amend House Bill 1325 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Mental Health and Developmental Disabilities
Administrative Act is amended by changing Section 4 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services; quarterly
reports.
(a) To exercise executive and administrative supervision over
all facilities, divisions, programs and services now existing or
hereafter acquired or created under the jurisdiction of the
Department, including, but not limited to, the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental Center,
at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center, at
Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park Forest
The William A. Howe Developmental Center, at Tinley Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department shall
cause each of the facilities under its jurisdiction which provide
in-patient care to comply with standards, rules and regulations of
the Department of Public Health prescribed under Section 6.05 of the
"Hospital Licensing Act", approved July 1, 1953, as amended.
(c) The Department shall issue quarterly reports on admissions,
HOUSE OF REPRESENTATIVES 1459
deflections, discharges, bed closures, staff-resident ratios, census,
and average length of stay for each State-operated facility for the
mentally ill and developmentally disabled.
(Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been read by title a second time on March 12, 1999 and
held, the following bill was taken up and advanced to the order of
Third Reading: HOUSE BILLS 312, 543, 654, 734 and 1975.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Ryder, HOUSE BILL 2845 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 29)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Ryder, HOUSE BILL 2847 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
70, Yeas; 42, Nays; 1, Answering Present.
(ROLL CALL 30)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
SENATE BILLS ON FIRST READING
Having been printed, the following bills were taken up, read by
title a first time and placed in the Committee on Rules: SENATE BILLS
167, 248, 252, 254, 288, 289, 290, 294, 315, 351, 354, 392, 393, 396,
398, 404, 405, 415, 441, 447, 448, 452, 459, 461, 466, 474, 485, 504,
536, 537, 542, 549, 565, 570, 572, 643, 659, 665, 678, 751, 762, 770,
804, 879 and 932.
At the hour of 6:55 o'clock p.m., Representative Currie moved
that the House do now adjourn until Thursday, March 18, 1999, at
10:00 o'clock a.m.
1460 JOURNAL OF THE [March 17, 1999]
The motion prevailed.
And the House stood adjourned.
HOUSE OF REPRESENTATIVES 1461
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAR 17, 1999
0 YEAS 0 NAYS 117 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ E RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
1462 JOURNAL OF THE [March 17, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2677
LOW INCME UNINSRD HLTH INS ACT
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
A CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1463
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1401
SUPPORT ENFORCEMENT-CONTNUANCS
THIRD READING
PASSED
MAR 17, 1999
104 YEAS 11 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST P GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE N KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
N DURKIN P KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1464 JOURNAL OF THE [March 17, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 152
WINE & SPIRITS-FAIR DEALING
THIRD READING
PASSED
MAR 17, 1999
71 YEAS 39 NAYS 7 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI N FRANKS Y LOPEZ E RONEN
Y BEAUBIEN N FRITCHEY N LYONS,EILEEN Y RUTHERFORD
P BELLOCK N GARRETT N LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS P SAVIANO
P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES N McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY N HAMOS N McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON N SHARP
N BROSNAHAN N HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
N BURKE N HOEFT Y MOFFITT Y SMITH
N CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
N CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM P NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
P DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
N DAVIS,MONIQUE P KENNER N PANKAU Y WIRSING
N DAVIS,STEVE N KLINGLER Y PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN N KRAUSE N POE Y YOUNGE
P ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1465
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 887
ELEC CD-PUB QUESTN-CIRCULATOR
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY A LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1466 JOURNAL OF THE [March 17, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2187
ACCESS TO EMERGENCY SERVICES
THIRD READING
PASSED
MAR 17, 1999
102 YEAS 13 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY A LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO N MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1467
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 80
HGH ED-MERIT SCHOLARSHIP-90TH
THIRD READING
PASSED
MAR 17, 1999
113 YEAS 0 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY A HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYP SLONE
P BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER A REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1468 JOURNAL OF THE [March 17, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 860
CNTY CD-MUN CD-BID BOND
THIRD READING
PASSED
MAR 17, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1469
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 504
MECHANIC LIEN-CONSTRUCTN EQPMT
THIRD READING
LOST
MAR 17, 1999
36 YEAS 75 NAYS 6 PRESENT
Y ACEVEDO Y FOWLER P LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT N LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS N SAVIANO
N BLACK N GIGLIO N MAUTINO N SCHMITZ
N BOLAND P GILES N McAULIFFE N SCHOENBERG
N BOST Y GRANBERG Y McCARTHY N SCOTT
N BRADLEY N HAMOS Y McGUIRE N SCULLY
N BRADY N HANNIG N McKEON N SHARP
N BROSNAHAN N HARRIS N MEYER Y SILVA
N BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
N BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE
P BURKE N HOEFT N MOFFITT N SMITH
P CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK N MORROW N STEPHENS
Y COWLISHAW N HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN N MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS N TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
Y DANIELS P JONES,LOU N O'CONNOR N WINKEL
N DART N JONES,SHIRLEY Y OSMOND N WINTERS
N DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
N DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO N WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
N ERWIN Y LANG N PUGH N ZICKUS
P FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
N FLOWERS N LEITCH
E - Denotes Excused Absence
1470 JOURNAL OF THE [March 17, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 254
WLDLF CD-SUSPEND LICENSE
THIRD READING
PASSED
MAR 17, 1999
115 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY P JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1471
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 779
FRANCHISE DIST ACT-APPLICATION
THIRD READING
PASSED
MAR 17, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1472 JOURNAL OF THE [March 17, 1999]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 530
ELEC-CRIM-SOLICIT MISCONDUCT
THIRD READING
PASSED
MAR 17, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART A JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1473
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2125
LOC GOVT-IMPROVEMENT BONDS
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD A MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1474 JOURNAL OF THE [March 17, 1999]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 720
VEH CD-RECKLESS DRIVING-SPEED
THIRD READING
PASSED
MAR 17, 1999
103 YEAS 10 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN N HARRIS Y MEYER Y SILVA
N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS Y HULTGREN Y MURPHY N TENHOUSE
A CROTTY P JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU P WIRSING
Y DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1475
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 287
ICC DUTIES UNIVERSAL SERV TECH
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1476 JOURNAL OF THE [March 17, 1999]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 61
INS COVER BIRTH CONTROL DRUGS
THIRD READING
PASSED
MAR 17, 1999
71 YEAS 41 NAYS 5 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT N LYONS,JOSEPH N RYDER
N BIGGINS Y GASH Y MATHIAS Y SAVIANO
P BLACK Y GIGLIO N MAUTINO N SCHMITZ
Y BOLAND P GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
N BRUNSVOLD N HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW P STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN N STROGER
Y CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE N KENNER N PANKAU N WIRSING
Y DAVIS,STEVE P KLINGLER N PARKE N WOJCIK
Y DELGADO Y KOSEL N PERSICO N WOOLARD
P DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1477
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 517
VIOLENCE PREVENTION AUTH-MEMBR
THIRD READING
PASSED
MAR 17, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1478 JOURNAL OF THE [March 17, 1999]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2044
FIRE PROTECT-DISCNNCT-BONDS
THIRD READING
PASSED
MAR 17, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
A BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
A CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1479
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2640
RADIATION PROT ACT-REGISTER
THIRD READING
PASSED
MAR 17, 1999
100 YEAS 15 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
A BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN N O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1480 JOURNAL OF THE [March 17, 1999]
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1877
LOC GOVT-OPEN SPACE-TECHNICAL
SECOND READING - AMENDMENT NO. 1
LOST
MAR 17, 1999
51 YEAS 63 NAYS 3 PRESENT
Y ACEVEDO P FOWLER Y LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
N BLACK N GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST P GRANBERG N McCARTHY Y SCOTT
N BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN N HARRIS N MEYER Y SILVA
N BRUNSVOLD N HARTKE N MITCHELL,BILL Y SKINNER
N BUGIELSKI N HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK N MORROW N STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE P KENNER N PANKAU Y WIRSING
N DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL N PERSICO N WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG N PUGH N ZICKUS
Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1481
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 402
AUTO LEASING OCC & USE TAX
THIRD READING
PASSED
MAR 17, 1999
70 YEAS 45 NAYS 1 PRESENT
Y ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON N 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 Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER P PARKE Y WOJCIK
Y DELGADO N KOSEL A PERSICO Y WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
1482 JOURNAL OF THE [March 17, 1999]
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2723
MTR VECH THFT-EXTEND REPEAL
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1483
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2680
SW IL TEACHER'S ACADEMY-TECH
THIRD READING
PASSED
MAR 17, 1999
72 YEAS 41 NAYS 2 PRESENT
P ACEVEDO Y FOWLER N LINDNER N RIGHTER
Y BASSI Y FRANKS P LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH Y MATHIAS N SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
Y BOST A 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 Y SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK 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 N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL A PERSICO Y WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
1484 JOURNAL OF THE [March 17, 1999]
NO. 24
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 882
SCH CD-CHARTER SCH INSTRUCTOR
THIRD READING
PASSED
MAR 17, 1999
94 YEAS 21 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER A PARKE N WOJCIK
Y DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1485
NO. 25
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2631
DRYCLEANER ENV RESPONSE FUND
THIRD READING
PASSED
MAR 17, 1999
90 YEAS 26 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE N KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1486 JOURNAL OF THE [March 17, 1999]
NO. 26
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1730
SCH CD-SPECIAL ED REIMBURSEMNT
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1487
NO. 27
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1893
EPA-LOAN PROGRAM-PRIV OWNED
THIRD READING
PASSED
MAR 17, 1999
113 YEAS 0 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK P GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD A HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI P HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1488 JOURNAL OF THE [March 17, 1999]
NO. 28
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 274
METRO WATER DIST-CONTRACTS
THIRD READING
PASSED
MAR 17, 1999
64 YEAS 52 NAYS 0 PRESENT
N ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ E RONEN
Y BEAUBIEN N FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER N SILVA
Y BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS Y HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
N DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1489
NO. 29
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2845
CIRCUIT CLERK-LEGAL COUNSEL
THIRD READING
PASSED
MAR 17, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1490 JOURNAL OF THE [March 17, 1999]
NO. 30
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2847
CLERKS CTS-FEES
THIRD READING
PASSED
MAR 17, 1999
70 YEAS 42 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
Y BASSI N FRANKS N LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
N BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
N BOLAND P GILES N McAULIFFE N SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER N SILVA
Y BRUNSVOLD N HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI A HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM N NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART A JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU Y WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE A WOJCIK
N DELGADO N KOSEL A PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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