7978 JOURNAL OF THE [November 18, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
69TH LEGISLATIVE DAY
THURSDAY, NOVEMBER 18, 1999
9:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Ron Chase with the Bethany United Methodist
Church in Columbia.
Representative Hartke led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
118 present. (ROLL CALL 1)
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Joseph Lyons replaced Representative Art Turner,
and Representative Steve Davis replaced Representative Hannig in the
Committee on Rules on November 15, 1999.
Representative Capparelli will replace Representative Art Turner
in the Committee on Rules, for today only.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the bill be reported "approved for consideration-Compliance"
and placed on the order of Amendatory Veto Motions : HOUSE BILLS 526,
721, 777 and 1366.
That the resolution be reported "recommends be adopted" and
placed on the Calendar on the order of Resolutions: HOUSE RESOLUTION
440.
That the Bill be reported "approved for consideration" and
referred to the order of Second Reading -- Standard Debate : SENATE
BILL 877.
That the Motion be reported "be approved for consideration" and
HOUSE OF REPRESENTATIVES 7979
placed on the House Calendar:
Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1628.
The committee roll call vote on the forgoing Legislative Measures
is as follows:
4, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Ryder
Y Hannig Y Tenhouse
A Turner, Art
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the resolution be reported "approved for consideration" and
be placed on the House Calendar: SENATE JOINT RESOLUTION 45.
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 1, 2, 3, 4 and 5 to HOUSE BILL 709.
That the Motion be reported "be approved for consideration" and
placed on the House Calendar:
Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1137.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Appropriations-General Services & Government
Oversight: House Amendments 2 and House Amendment 3 to SENATE BILL
877.
Committee on Personnel & Pensions: HOUSE BILL 2869.
JOINT ACTION MOTIONS SUBMITTED
Representative Madigan submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1628.
VETO MOTIONS SUBMITTED
Representative Fritchey submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to accept the specific recommendations of the Governor as
to HOUSE BILL 526 in manner and form as follows:
AMENDMENT TO HOUSE BILL 526
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 526 on page 4, line 4, by inserting:
"and employees of the Illinois Department of Corrections" after
"enforcement officers"; and
on page 4, by inserting between lines 6 and 7 the following:
"(d) The interception, recording, or transcription of an
electronic communication by an employee of the Illinois Department of
Corrections is not prohibited under this Act, provided that the
interception, recording, or transcription is:
(1) otherwise legally permissible under Illinois law;
7980 JOURNAL OF THE [November 18, 1999]
(2) conducted with the approval of the Illinois Department
of Corrections for the purpose of investigating or enforcing a
State criminal law or a Department rule or regulation with
respect to persons committed to the Department; and
(3) within the scope of the employee's official duties.";
and
on page 4, by inserting after line 19 the following:
"Section 99. Effective date. This Act takes effect on January
1, 2000.".
Representative Gash submitted the following written motion, which
was placed on the order of Motions:
MOTION
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
1155, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 1155
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1155 as follows:
on page 1, line 16, after "vehicle", by inserting "having a gross
vehicle weight rating of 8,000 pounds or more".
Representative Rutherford submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the passage of
SENATE BILL 423, the Governor's Specific Recommendations for Change
notwithstanding.
Representative Lou Jones submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
847, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 847
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 847 on page 11, line 28, by replacing "24-1 and
24-3" with "24-1, 24-3, and 24-3.3"; and
on page 21, by inserting between lines 2 and 3 the following:
"(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the
Premises of Any School, regardless of the time of day or the time of
year, or any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related activity, or
residential property owned, operated or and managed by a public
housing agency. Any person 18 years of age or older who sells, gives
or delivers any firearm to any person under 18 years of age in any
school, regardless of the time of day or the time of year or
residential property owned, operated or and managed by a public
housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development, on the real property
comprising any school, regardless of the time of day or the time of
year or residential property owned, operated or and managed by a
public housing agency or leased by a public housing agency as part of
a scattered site or mixed-income development commits a Class 3
felony. School is defined, for the purposes of this Section, as any
public or private elementary or secondary school, community college,
college or university. This does not apply to peace officers or to
students carrying or possessing firearms for use in school training
courses, parades, target shooting on school ranges, or otherwise with
HOUSE OF REPRESENTATIVES 7981
the consent of school authorities and which firearms are transported
unloaded and enclosed in a suitable case, box or transportation
package.
(Source: P.A. 86-946; 87-524.)".
Representative Gash submitted the following written motion, which
was placed on the order of Motions:
MOTION
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
1155, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 1155
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1155 as follows:
on page 1, line 16, after "vehicle", by inserting "having a gross
vehicle weight rating of 8,000 pounds or more".
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, in the passage of which I am instructed to ask the concurrence
of the House of Representatives, to-wit:
SENATE BILL NO. 239
A bill for AN ACT to amend the Real Estate License Act of 2000 by
changing Sections 1-10 and 5-60.
Passed by the Senate, November 18, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILL 239 was ordered printed and to a First
Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 94
A bill for AN ACT to amend the Harassing and Obscene
Communications Act by changing Section 1 and adding Section 0.02.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
State of Illinois
7982 JOURNAL OF THE [November 18, 1999]
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 23, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 94 entitled "AN
ACT to amend the Harassing and Obscene Communications Act by changing
Section 1 and adding Section 0.02."
This bill amends the Harassing and Obscene Communications Act to
prohibit the solicitation of a sexual act by a person 17 years of age
or older with a person under the age of 13 by means of the telephone
or other electronic communication system. Violators of these
provisions would be guilty of a Class 4 felony. The bill specifies
that telecommunications carriers and Internet providers are not
intended to be included in the definition of "person" committing this
crime. Finally, it currently is illegal to transmit a message that
is obscene, lewd, or immoral with the intent to offend by means of
telephone, telegraph, or wire. The bill also adds "electronic
communication" to the list of methods of transmission of such
offensive messages.
I fully support the provisions in Senate Bill 94; however, I have
already signed into law House Bill 1097, which imposes even tougher
penalties for this offense - making it a Class 1, 2 or 3 felony,
depending on the circumstances - rather than a Class 4 felony.
House Bill 1097 also expands the definition of a child to be a
person under 17 years of age, instead of a person under 13 years of
age as provided in Senate Bill 94.
Therefore, I offer the following recommendation for change:
On page 2, delete lines 4 through 16.
With this change, Senate Bill 94 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
I move to accept the specific recommendations of the Governor as
to Senate Bill 94 in manner and form as follows:
AMENDMENT TO SENATE BILL 94
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 94 on page 1, line 23, by deleting "(a)"; and
on page 2, by deleting lines 4 through 16.
HOUSE OF REPRESENTATIVES 7983
Date: November 4, 1999 Debbie Halvorson
Senator
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, the Governor's specific recommendations for change to the
contrary notwithstanding, in the passage of which I am instructed to
ask the concurrence of the House, to-wit:
Senate Bill No. 423
A bill for AN ACT to amend the Public Utilities Act by adding
Section 8-505.1.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Passed by the Senate, November 16, 1999, by a three-fifths vote.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 14, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 423 entitled "AN
ACT to amend the Public Utilities Act by adding Section 8-505.1,"
with my specific recommendation for change.
Senate Bill 423 amends the Public Utilities Act by mandating
electric utilities to follow vegetation management (tree-trimming)
guidelines set by the International Society of Arboriculture and
applicable Occupational Safety and Health Administration (OSHA) or
American National Standards Institute (ANSI) standards.
I fully support the provisions in Senate Bill 423; however, there
have been significant concerns raised by local municipalities. Some
municipalities and villages believe a statewide standard for
vegetation management will impact their ability to continue to
enforce their current vegetation management ordinances. I believe
that if a local government has a vegetation management ordinance
currently in place that is equal to or more restrictive State law, it
should not be preempted. Therefore, I submit the following specific
7984 JOURNAL OF THE [November 18, 1999]
recommendation for change:
On page 2, by inserting below line 18 the following:
"(d) Any municipal ordinance enacted prior to the effective date
of this amendatory Act of 1999 which imposes standards equal to
or more restrictive than the non-emergency utility vegetation
management activities established by this amendatory Act, are
not invalidated or affected by this amendatory Act."
With this change, Senate Bill 423 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 451
A bill for AN ACT to amend the Property Tax Code by changing
Section 18-250.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 451 in manner and form as follows:
AMENDMENT TO SENATE BILL 451
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 451 as follows:
on page 2, line 14, by changing "2005" to "2001"; and
on page 2, line 25, by changing "2005" to "2001".
Date: November 4, 1999 Arthur Berman
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 20, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
HOUSE OF REPRESENTATIVES 7985
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill. 2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 451 entitled, "AN
ACT to amend the Property Tax Code by changing Section 18-250," with
my specific recommendations for change.
According to Public Act 88-451, county clerks were to complete
the examination of delinquent property taxes for all back years and
be current in showing all taxes due on the annual collector's books
by January 1, 2000. One of the most important reasons to do this is
to make sure that new property owners are aware of any delinquent
taxes that may be due on the property they are purchasing.
Cook County has had five years to complete this process but
Senate Bill 451 indicates that they have not accomplished this task
and have requested an additional five years to complete this task.
While there may be legitimate reasons for Cook County being unable to
complete this task, granting an additional five year extension will
place new property owners at considerable risk and I believe the work
can and should be completed in a much shorter period of time.
By changing the extension to one year, I see no reason why the
Cook County Clerk cannot complete this task in a way that minimizes
the exposure of new property owners to "surprises" from back taxes
that they may be legally responsible for but unaware that they owe.
Therefore, I offer the following recommendations for change:
On page 2, line 14, change "2005" to "2001"; and
On page 2, line 25, change "2005" to "2001".
With this change, Senate Bill 451 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 464
A bill for AN ACT concerning prepaid tuition.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
7986 JOURNAL OF THE [November 18, 1999]
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 22, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78
Ill.2d 387 (1979), People ex. Rel. City of Canton v. Crouch, 79
Ill.2d 356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the fundamental
purposes and the intent of the bill, I hereby return Senate Bill 464,
entitled "AN ACT concerning prepaid tuition," with my specific
recommendations for change.
SB 464 provides that the Public Funds Investment Act does not
apply to the Illinois Prepaid Tuition Trust Fund. The bill also
amends the Illinois Prepaid Tuition Act to change the definition of
"qualified beneficiary" and to rename an advisory panel as an
"investment advisory panel." I have no objections to these latter
clarifying changes in the Illinois Prepaid Tuition Act.
I generally support the exemption of the tuition trust funds from
the unduly restrictive Public Funds Investment Act. In order to
generate funds sufficient to pay future college costs and not call
upon the State's moral obligation to make up any deficiencies, a
broader range of investments must be permitted for this program.
However, I do have concerns about exempting the investment of prepaid
college tuition funds from the Public Funds Investment Act without
requiring the same standards that apply to our pension funds. While
the exemption in SB 464 is identical to the exemption granted in the
Public Funds Investment Act to pension funds or retirement systems
established under the Illinois Pension Code, SB 464 does not
establish the cautionary note set forth in the Pension Code which
requires that the managers of the exempted pension investments act
with the care, skill, prudence and diligence of a "prudent man." The
addition of such language to the Illinois Prepaid Tuition Act would
not dictate or preclude any investments, but it would send the
message the State expects careful diligent oversight of these
investments.
For these reasons, I make the following recommendations for
change:
On page 5, line 31, by inserting after the period the following:
"The Commission shall invest such assets with the care, skill,
prudence and diligence under the circumstances then prevailing
that a prudent man acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of a like
character with like aims, and the Commission shall diversify the
investments of such assets so as to minimize the risk of large
losses, unless under the circumstances it is clearly prudent not
to do so.; and
HOUSE OF REPRESENTATIVES 7987
On page 8, by inserting between lines 2 and 3 the following:
"Section 99. Effective date. This Act takes effect January 1,
2000.".
With these specific recommendations for change, Senate Bill 464
will have my approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
I move to accept the specific recommendations of the Governor as
to Senate Bill 464 in manner and form as follows:
AMENDMENT TO SENATE BILL 464
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 464 as follows:
on page 5, line 31, by inserting after the period the following:
"The Commission shall invest such assets with the care, skill,
prudence, and diligence under the circumstances then prevailing that
a prudent man acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like character
with like aims, and the Commission shall diversify the investments of
such assets so as to minimize the risk of large losses, unless under
the circumstances it is clearly prudent not to do so."; and
on page 8, by inserting immediately below line 3 the following:
"Section 99. Effective date. This Act takes effect January 1,
2000.".
Date: November 4, 1999 Frank Watson
Senator
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 653
A bill for AN ACT concerning higher education, amending a named
Act.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
7988 JOURNAL OF THE [November 18, 1999]
August 13, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 653 entitled, "AN
ACT concerning higher education, amending a named Act," with my
specific recommendations for change.
Senate Bill 653 amends the Higher Education Student Assistance
Act. Specific changes include:
* altering the requirement that Minority Teachers of Illinois
(MTI) scholarship assistance recipients must repay their
scholarships within five (rather than 10) years if after
leaving college they do not meet the teaching obligation
imposed by law;
* allowing MTI and DeBolt recipients to meet the teaching
obligation of the statute by serving as a preschool teacher in
either a public, private, or parochial setting;
* creating three successor federal funds to Student Assistance
Commission Student Loan Fund (SLF), in accordance with new
requirements imposed by the U.S. Congress upon ISAC and all
other state guarantor agencies that participate in the Federal
Family Education Loan Program (FFELP); and
* making a technical language change within the Descendants Grant
program administered by ISAC.
I fully support the intent behind Senate Bill 653. This
legislation represents a compendium of agreed statutory changes
suggested to Illinois Student Assistance Commission staff over the
past two years from a student financial aid advisory committee. It
also includes technical statutory language relating to federal
student loan administration required by recent changes in federal
law. However, without an amendatory veto of the Federal Student Loan
Fund provisions of this legislation, ISAC's existing Student Loan
Fund would be abolished on September 1, 1999, and the Commission
would be unable to accept and expend federal funds for student loan
purposes.
Therefore, I make the following specific recommendations for
change:
On page 14, by replacing line 11 with the following:
"2000, the Commission's Executive Director shall request the"; and
On page 14, by replacing line 16 with the following:
"2000, the Student Assistance Commission Student Loan Fund is".
With these changes, Senate Bill 653 will have my approval. I
respectfully request your concurrence.
Sincerely.
George H. Ryan
GOVERNOR
HOUSE OF REPRESENTATIVES 7989
I move to accept the specific recommendations of the Governor as
to Senate Bill 653 in manner and form as follows:
AMENDMENT TO SENATE BILL 653
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 653 on page 14, by replacing line 11 with the
following:
"2000, the Commission's Executive Director shall request the"; and
on page 14, by replacing line 16 with the following:
"2000, the Student Assistance Commission Student Loan Fund is".
Date: November 9, 1999 Dan Cronin
Senator
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, the veto of the Governor to the contrary notwithstanding, in
the passage of which I am instructed to ask the concurrence of the
House, to-wit:
Senate Bill No. 751
A bill for AN ACT to amend the Fence Act.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's veto message to the Senate:
Passed by the Senate, November 16, 1999, by a three-fifths vote.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 22, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return Senate Bill 751 entitled "AN ACT to
amend the Fence Act."
Senate Bill 751 amends the Fence Act by defining a hedge fence as
"any fence or boundary formed by a dense row of shrubs, trees, or
other vegetative matter." Currently under the Fence Act, adjoining
landowners are required to trim a hedge fence to a height of five
feet every two years. As this bill defines "hedge fence," all dense
rows of trees standing on property lines, which exceed one-fifth of a
mile in length, will be subjected to being trimmed to five feet high
every two years if this legislation were enacted. Trimming trees to
five feet will result in the destruction of those trees and be very
costly. Furthermore, as required by the Fence Act, the adjoining
landowner is required to pay half of the cost of the tree removal,
regardless of whether he or she wants the hedge trees removed.
For these reasons, I hereby veto and return Senate Bill 751.
7990 JOURNAL OF THE [November 18, 1999]
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, the veto of the Governor to the contrary notwithstanding, in
the passage of which I am instructed to ask the concurrence of the
House, to-wit:
Senate Bill No. 794
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Sections 6-208.1 and 6-208.2.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's veto message to the Senate:
Passed by the Senate, November 17, 1999, by a three-fifths vote.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 16, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return Senate Bill 794 entitled "AN ACT to
amend the Illinois Vehicle Code by changing Sections 6-208.1 and
6-208.2."
Senate Bill 794 amends the Vehicle Code by providing that a
Statutory Summary Suspension of driving privileges due to a
conviction for driving under the influence of alcohol or other drugs
shall terminate at the conclusion of the period of suspension,
regardless of whether the reinstatement fee has been paid. Full
driving privileges are not restored, until the fee is paid, but the
suspension itself would be terminated.
This bill would have the unfortunate effect of weakening
Illinois' current DUI laws. Currently, a Statutory Summary
Suspension remains in effect until the required reinstatement fee is
paid. Under this bill, it will automatically end after 3, 6, or 12
months, or 2 years, depending on the individual's driving record.
By ending the suspension without collecting the required fee, we
would be taking away a major incentive for people to pay the fee,
which can go up to $250. By ending the suspension, a person caught
driving illegally would only be subject to a $75 traffic ticket. By
keeping the suspension open until the fee is paid, a person driving
illegally is subject to a Class A misdemeanor (with a fine up to
$2,500 and up to a year in jail) and in some cases a Class 4 felony
(fine up to $25,000 and 1 to 3 years in prison), depending on their
record.
HOUSE OF REPRESENTATIVES 7991
For this reason, I hereby veto and return Senate Bill 794.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 801
A bill for AN ACT to amend the Collection Agency Act by changing
Section 9.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 20, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor By Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 801 entitled "AN
ACT to amend the Collection Agency Act by changing Section 9," with
my specific recommendation for change.
Senate Bill 801 would amend the Illinois Collection Agency Act to
include a sentence stating: "A contingency or hourly arrangement
established under an agreement between a collection agency and a
creditor to collect a debt shall be presumed prima facie reasonable."
Currently, the burden is placed on the collection agency to prove
the legitimacy of its fees. If this bill were to become law, any fee
charged by a collection agency and the creditor would be deemed to be
prima facie reasonable and the burden would shift to the consumer to
prove the unreasonableness of that fee. This burden would be
7992 JOURNAL OF THE [November 18, 1999]
extremely difficult for the consumer to meet, and I believe
collection agencies should remain responsible for justifying the
legitimacy of their fees.
I believe that a different approach can be taken that both
protects consumers and allows collection agencies to recover an
appropriate payment for their services. In recognizing that there
should be some guidance from the Department of Professional
Regulation on what constitutes a reasonable fee, I also recognize
that not all contingency fees should automatically be considered
unreasonable. Determining whether or not a particular contingency
fee is "reasonable" requires more consideration than a simple
presumption that all contingency fees negotiated between collection
agencies and creditors are prima facie reasonable, which is the
intent of Senate Bill 801. I am directing the Department to work
with the collection agency industry to provide additional direction
on this issue.
For this reason, I hereby return Senate Bill 801 with the
following recommendation for change:
On page 5, by replacing lines 22 through 26 with the following:
"agreement. If a contingency or hourly fee arrangement (i) is
established under an agreement between a collection agency and
a creditor to collect a debt and (ii) which is paid by a debtor
pursuant to a contract between the debtor and the creditor,
then that fee arrangement does not violate this Section unless
the fee is unreasonable. The Department shall determine what
constitutes a reasonable collection fee."
With this change, Senate Bill 801 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
I move to accept the specific recommendations of the Governor as
to Senate Bill 801 in manner and form as follows:
AMENDMENT TO SENATE BILL 801
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 801 on page 5, by replacing lines 22 through 25
with the following:
"agreement. If a contigency or hourly fee arrangement (i) is
established under an agreement between a collection agency and a
creditor to collect a debt and (ii) is paid by a debtor pursuant
to a contract between the debtor and the creditor, then that fee
arrangement does not violate this Section unless the fee is
unreasonable. The Department shall determine what constitutes a
reasonable collection fee.".
Date: November 4, 1999 Robert Madigan
Senator
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, the veto of the Governor to the contrary notwithstanding, in
the passage of which I am instructed to ask the concurrence of the
House, to-wit:
HOUSE OF REPRESENTATIVES 7993
Senate Bill No. 812
A bill for AN ACT in relation to public construction contracts.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's veto message to the Senate:
Passed by the Senate, November 16, 1999, by a three-fifths vote.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 16, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return Senate Bill 812, entitled "AN ACT
in relation to public construction contracts."
Senate Bill 812 proposes to create the Public Construction
Contract Act to mandate that all public construction contracts
(excluding the State of Illinois and Metropolitan Water Reclamation
District) over $75,000 must contain provisions that allow for
contractors to recover increased costs resulting from "unforeseen
latent or subsurface conditions." Senate Bill 812 provides for
arbitration of a contractor's claims to recover any additional costs
or time because of unforeseen conditions at the site.
Although the expressed intent of Senate Bill 812 is to control
the costs of public construction contracts for local governments and
school districts, many problems would arise from its implementation.
In addition, existing state law already provides for most of the
problems that the bill is intended to resolve. The proponents of
Senate Bill 812 suggest that this legislation will reduce the cost of
local government contracting. This is based upon the assumption that
private contractors are forced to inflate their bids on public
construction contracts due to the need to cover construction-related
expenses that were not originally foreseen by the contractor.
Current law does not preclude an elected body from developing
contract language that includes reasonable provisions for unforeseen
site conditions. Such provisions are already included within many
local government contracts. One of the primary arguments used in
favor of the legislation was that local governments would expend less
money on construction contracts if a provision for unforseen site
conditions were included. If local governments can save vital public
funds by making allowances for unforeseen site conditions, this fact
will be recognized and the appropriate decision will be made at the
local level.
Ultimately, the nature of public construction contracts is at the
discretion of locally elected officials who are accountable to their
citizens. Senate Bill 812 mandates a site condition process which is
inappropriate since local government officials already have the
option and authority to include such provisions in their contracts.
For these reasons, I hereby veto and return Senate Bill 812.
7994 JOURNAL OF THE [November 18, 1999]
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 818
A bill for AN ACT concerning disabled adults.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 818 in manner and form as follows:
AMENDMENT TO SENATE BILL 818
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 818 on page 18, by inserting after line 4 the
following:
"Section 99. Effective date. This Act takes effect on July 1,
2000.".
Date: November 4, 1999 Kathleen Parker
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 6, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980), and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 818, entitled "AN
ACT concerning disabled adults," with my specific recommendation for
HOUSE OF REPRESENTATIVES 7995
change.
Senate Bill 818 requires that the Office of Inspector General
within the Department of Human Services, shall establish an Adults
with Disabilities Abuse Project to investigate instances of abuse,
neglect or exploitation within domestic settings, including
community-based unlicensed facilities. This project shall include a
24-hour, toll-free telephone number to receive reports of abuse,
neglect and exploitation. The bill requires the Office of the
Inspector General to initiate an assessment of reports of abuse and
neglect within 7 days of receiving the reports. Reports indicating
that the life or safety of an individual is in imminent danger shall
be assessed within 24 hours.
I am supportive of this legislation and the intent to protect
this vulnerable population. However, I am concerned that Senate bill
818 adds significant and costly new responsibilities to the Office of
the Inspector General. The Office of Inspector General has been
working diligently to eliminate a backlog within their current
caseload. If Senate Bill 818 is signed into law without the
appropriate funds to operate the new program, the backlog will only
increase.
Therefore, I return Senate Bill 818 with the following specific
recommendation for change:
On page 18, by inserting after line 4 the following:
"Section 99. Effective date. This Act takes effect on July 1,
2000."
With this specific recommendation for change, Senate Bill 818
will have my approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 845
A bill for AN ACT in relation to laser devices.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 845 in manner and form as follows:
AMENDMENT TO SENATE BILL 845
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 845 on page 1, lines 5 and 6, by replacing ",
7996 JOURNAL OF THE [November 18, 1999]
2-10.3, and 12-8.1" with "and 2-10.3"; and
on page 9, by replacing lines 2 through 9 with the following:
"Section 99. Effective date. This Act shall take effect January
1, 2000.".
Date: November 4, 1999 Patrick O'Malley
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 23, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 845 entitled, "AN
ACT in relation to laser devices," with my specific recommendations
for change.
SB 845 amends the Criminal Code of 1961 to create a new offense
of aiming a laser pointer at a peace officer. Violation of this
provision would result in the charge of a Class A misdemeanor.
However, the creation of a new offense of aiming a laser pointer at a
peace officer will conflict with House Bill 343, which is also being
signed into law. If both bills are signed into law the offense would
be placed in two different sections in the Code, which is confusing
and unnecessary. Since SB 845 contains new provisions in the assault
and aggravated battery law covering the use of laser gun sights, by
this amendatory veto, I am eliminating the duplicate provision.
Therefore, I offer the following recommendation for change:
On page 1, line 6, by replacing "2-10.3, and 12-8.1" with "and
2-10.3";
and on page 9, by replacing lines 2 through 9 with the following:
Section 99. Effective date. This Act shall take effect January
1, 2000.".
With this change, Senate Bill 845 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
HOUSE OF REPRESENTATIVES 7997
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 847
A bill for AN ACT in relation to various offenses committed on
properties leased by public housing agencies.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT TO SENATE BILL 847
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 847 on page 11, line 28, by replacing "24-1 and
24-3" with "24-1, 24-3, and 24-3.3"; and
on page 21, by inserting between lines 2 and 3 the following:
"(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the
Premises of Any School, regardless of the time of day or the time of
year, or any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related activity, or
residential property owned, operated or and managed by a public
housing agency. Any person 18 years of age or older who sells, gives
or delivers any firearm to any person under 18 years of age in any
school, regardless of the time of day or the time of year or
residential property owned, operated or and managed by a public
housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development, on the real property
comprising any school, regardless of the time of day or the time of
year or residential property owned, operated or and managed by a
public housing agency or leased by a public housing agency as part of
a scattered site or mixed-income development commits a Class 3
felony. School is defined, for the purposes of this Section, as any
public or private elementary or secondary school, community college,
college or university. This does not apply to peace officers or to
students carrying or possessing firearms for use in school training
courses, parades, target shooting on school ranges, or otherwise with
the consent of school authorities and which firearms are transported
unloaded and enclosed in a suitable case, box or transportation
package.
(Source: P.A. 86-946; 87-524.)".
Date: Ocrober 28, 1999 Miguel del Valle
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 20, 1999
To the Honorable Members of the
7998 JOURNAL OF THE [November 18, 1999]
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 847 entitled, "AN
ACT in relation to various offenses committed on properties leased by
public housing agencies," with my specific recommendations for
change.
Senate Bill 847 amends the Juvenile Court Act of 1987, the
Criminal Code of 1961 and the Illinois controlled Substance Act to
change the description of residential property in the public housing
sentencing factor in aggravation from that owned, operated and
managed by a public housing agency to residential property owned,
operated or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development. The recent changes made by the federal government in
the area of public housing necessitates the change in the public
housing description in order to protect the original intent of
applying enhanced penalties for offenses on or nearby residential
property owned, operated and managed by a public housing agency.
I fully support the provisions in Senate Bill 847 that amend the
description of public housing to better define public housing and
recognize the advances that have been made in public housing in
recent years. The bill, however, lacks consistency and fails to make
the same change in the public housing language for the penalty on the
sale or delivery of a firearm to a minor. Failure to make consistent
changes in the Criminal Code could lead to a disparity in sentencing
or an equal protection violation.
Therefore, I make the following specific recommendations for
change:
on page 11, line 28, by replacing "24-1 and 24-3" with "24-1,
24-3, and 24-3.3"; and
on page 21 by inserting between lines 2 and 3 the following:
"(720 ILCS 5/24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the
Premises of Any School, regardless of the time of day or the
time of year, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, or residential property owned, operated or and
managed by a public housing agency. Any person 18 years of age
or older who sells, gives, or delivers any firearm to any person
under 18 years of age in any school, regardless of the time of
day or the time of year or residential property owned, operated
or and managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, on the real property comprising any school,
regardless of the time of day or the time of year or residential
property owned, operated or and managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development commits a Class 3
felony. School is defined, for the purposes of this Section, as
any public or private elementary or secondary school, community
HOUSE OF REPRESENTATIVES 7999
college, college or university. This does not apply to peace
officers or to students carrying or possessing firearms for use
in school training courses, parades, target shooting on school
ranges, or otherwise with the consent of school authorities and
which firearms are transported unloaded and enclosed in a
suitable case, box or transportation package."
With these changes, Senate Bill 847 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 1068
A bill for AN ACT to amend the Wildlife Code by changing Sections
2.33 and 2.37.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 1068 in manner and form as follows:
AMENDMENT TO SENATE BILL 1068
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1068 as follows:
on page 2 by replacing all of the underlined language in lines 7
through 9 with ", except as permitted by the Code of Federal
Regulations for the taking of waterfowl"; and
on page 3, by replacing all of the underlined language in lines 2 and
3 with "and except as permitted by the Code of Federal Regulations
for the taking of waterfowl".
Date: November 4, 1999 Robert Madigan
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 14, 1999
To the Honorable Members of the
8000 JOURNAL OF THE [November 18, 1999]
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 1068 entitled,
"AN ACT to amend the Wildlife Code by changing Sections 2.33 and
2.37," with my specific recommendations for change.
The mid-continent snow goose population is increasing to the
point that sensitive and vital habitat is being destroyed; in some
cases, damage may be permanent. The U.S. Fish and Wildlife Service
plans to propose a Conservation Action designed to increase the snow
goose harvest in the U.S. by 3-5 times the current harvest. This
action would allow hunters to use unconventional hunting methods that
are currently prohibited by federal law during "snow goose only"
hunting seasons.
The bill, as written, is too broad and could be applied to
special waterfowl seasons other than the "snow goose only" hunting
season and the hunting of all other types of wildlife during special
waterfowl seasons.
Therefore, I return Senate Bill 1068 with the following
recommendations for change:
on page 2 by replacing all of the underlined language in lines 7
through 9 with ", except as permitted by the Code of federal
Regulations for the taking of waterfowl."; and
on page 3, by replacing all of the underlined language in lines 2
and 3 with "and except as permitted by the Code of federal
Regulations for the taking of waterfowl."
With these changes, Senate Bill 1068 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 1085
A bill for AN ACT in relation to automatic contract renewal.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
HOUSE OF REPRESENTATIVES 8001
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 1085 in manner and form as follows:
AMENDMENT TO SENATE BILL 1085
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1085 on page 1, by replacing line 16 with the
following:
"in a clear and conspicuous manner.".
Date: November 4, 1999 James "Pate" Philip
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 30, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 1085 entitled,
"AN ACT in relation to automatic contract renewal," with my specific
recommendation for change.
SB 1085 creates the Automatic Contract Renewal Act which
stipulates that if a written contract is subject to automatic
renewal, the automatic renewal clause must appear in the contract in
at least 14-point bold type. However, under the Truth in Lending
Act, the size of typeface alone is not determinative. Rather, the
location of the disclosure and the manner in which it is "set off"
from other information will also be determinative.
Therefore, I offer the following recommendation for change:
on page 1 by replacing line 16 with the following:
"in a clear and conspicuous manner.".
With this change, Senate Bill 1085 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
8002 JOURNAL OF THE [November 18, 1999]
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 1136
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 18c-7402.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 6, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 (1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 1136 entitled,
"AN ACT to amend the Illinois Vehicle Code by changing Section
18c-7402," with my specific recommendations for change.
Illinois citizens are all too familiar with the safety concerns
at rail crossings and I have made the continued improvement in safety
at these crossings a priority for my Administration and for the
Illinois FIRST program. However, irregardless of how much this state
spends improving rail crossings, the safety of these intersections
will still depend on individual drivers obeying all signals and
warning devices.
I am aware of motorists' frustrations as they are forced to wait
for trains to cross intersections. These frustrations lead some
individuals to put their own lives and the lives of others at risk by
driving around closed gates in an attempt to beat an oncoming train.
The rail industry must take responsibility for improving the
service it provides. If conditions are such that a rail crossing
must be closed, the industry must be vigilant in limiting the amount
of time that vehicular traffic is prohibited from using the crossing.
The rail freight industry is an important part of the economy in
Cook County as in all of Illinois and it must be given reasonable
HOUSE OF REPRESENTATIVES 8003
regulations to work under. Further cooperation must be encouraged
between railroads and drivers to increase safety at rail crossings
while also allowing freight railroads to conduct business in as
efficient a manner as possible.
The rail freight industry must do its part just as all drivers in
Illinois must do their part to ensure railroad intersection safety,
and it is my intent to strike a fair balance.
For these reasons, I return Senate Bill 1136 with the following
specific recommendations for change:
On page 2, line 8, by inserting the word "single" before the word
"train"; and
On page 2, line 12, by inserting after the period the following:
"Under no circumstances will a moving train be stopped for the
purposes of issuing a citation related to this Section."
With these changes, Senate Bill 1136 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
I move to accept the specific recommendations of the Governor as
to Senate Bill 1136 in manner and form as follows:
AMENDMENT TO SENATE BILL 1136
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1136 as follows:
on page 2, line 8, before "train", by inserting "single"; and
on page 2, line 12, after the period, by inserting the following:
"Under no circumstances will a moving train be stopped for the
purposes of issuing a citation related to this Section."
Date: November 4, 1999 Robert S. Molaro
Senator
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has accepted the Governor's specific
recommendations for change, which are attached, to a bill of the
following title, the acceptance of which I am instructed to ask the
concurrence of the House, to-wit:
Senate Bill No. 1155
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 15-109.1.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's specific recommendations for
change to the Senate:
Action taken by the Senate, November 16, 1999.
Jim Harry, Secretary of the Senate
I move to accept the specific recommendations of the Governor as
to Senate Bill 1155 in manner and form as follows:
8004 JOURNAL OF THE [November 18, 1999]
AMENDMENT TO SENATE BILL 1155
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1155 as follows:
on page 1, line 16, after "vehicle", by inserting "having a gross
vehicle weight rating of 8,000 pounds or more".
Date: November 4, 1999 Chris Lauzen
Senator
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 6, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to the authority vested in the Governor by Article IV,
Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
the People of the State of Illinois by popular referendum in 1974,
and conforming to the standard articulated by the Illinois Supreme
Court in People ex. Rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d
387 (1979), People ex. Rel. City of Canton v. Crouch, 79 Ill.2d 356
(1980) and County of Kane v. Carlson, 116 Ill.2d 186 1987), that
gubernatorial action be consistent with the fundamental purposes and
the intent of the bill, I hereby return Senate Bill 1155 entitled,
"AN ACT to amend the Illinois Vehicle Code by changing Section
15-109.1," with my specific recommendation for change.
Senate Bill 1155 amends the Illinois Vehicle Code to prohibit a
second division vehicle from being operated on a highway with a load
of dirt, aggregate, garbage, refuse, or other similar material in any
part of the vehicle other than the cargo container. It provides that
such vehicle must have a tailgate in good repair and operating
condition, which closes securely to prevent any material from
escaping. Senate Bill 1155 also allows a police officer to stop and
cause the vehicle to remain stationary until the load is reduced,
secured, or covered to prevent material from escaping. The officer
may issue a citation if it is determined that a dangerous condition
exists whereby any portion of the load may fall, sift, blow, drop, or
escape the vehicle.
I have been and will continue to be a strong advocate of efforts
to strengthen traffic safety laws, and I support the goal of this
legislation in terms of requiring working tailgates on commercial
vehicles over 8,000 lbs. gross vehicle weight rating (GVWR).
However, I believe operators of Class B vehicles under 8,000 lbs.
GVWR (pickup trucks) should not be subject to this legislation. If
enacted as currently written, this legislation would be overly
burdensome to small business operators statewide who rely on the use
of pickup trucks to earn a living. In many cases, pickup truck
operators have chosen to replace their tailgates with cargo net type
gates and this bill would make the use of these replacement tailgates
questionable, if not illegal.
Furthermore, the current law clearly states that all second
division vehicle operators, including those operating pickup trucks,
are required to secure their loads so that no part of the load
escapes from the vehicle. Every day in Illinois small business
HOUSE OF REPRESENTATIVES 8005
operators and private citizens need to haul items in their pickup
trucks such as those listed in this legislation. The current law
requires them to do so safely, without going so far as requiring a
properly working tailgate on the truck.
Therefore, I make the following specific recommendation for
change:
on page 1, line 16, insert "having a gross vehicle weight rating
of 8,000 pounds or more" after the word "vehicle".
With this change, Senate Bill 1155 will have my approval. I
respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, the veto of the Governor to the contrary notwithstanding, in
the passage of which I am instructed to ask the concurrence of the
House, to-wit:
Senate Bill No. 1141
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 11-42-11.
I am further directed to transmit to the House of Representatives
the following copy of the Governor's veto message to the Senate:
Passed by the Senate, November 16, 1999, by a three-fifths vote.
Jim Harry, Secretary of the Senate
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 6, 1999
To the Honorable Members of the
Illinois Senate
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois Constitution
of 1970, I hereby veto and return Senate Bill 1141, entitled "AN ACT
to amend the Illinois Municipal Code by changing Section 11-42-11."
Senate Bill 1141 was initiated as a way to discourage
municipalities from either establishing their own cable television
systems or from having the ability to threaten to do so as a way of
negotiating lower rates with other cable television companies. While
the bill itself still permits municipalities to move in this
direction, they would first be required to submit their plans to an
expensive public referendum, something that they currently do not
have to do when looking to shift from one private cable television
company to another. They also are not required to submit questions
8006 JOURNAL OF THE [November 18, 1999]
regarding waste water treatment, garbage collection or snow removal
to a public referendum. The issue of cable television should not be
treated any differently.
This bill would reduce competition in this field, making it
harder to provide cable television alternatives for the citizens in
many municipalities. I believe the public interest is better served
by looking for ways to increase competition among providers of cable
television services. The voters are perfectly capable of making
their feelings known about cable television issues at the time of
general elections for mayors and other municipal officials, they do
not need to cast a separate vote on whether or not a municipality
chooses to increase its involvement in this area.
For this reason, I hereby veto and return Senate Bill 1141.
Sincerely,
George H. Ryan
GOVERNOR
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 809
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 3-412.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 809.
Senate Amendment No. 2 to HOUSE BILL NO. 809.
Senate Amendment No. 4 to HOUSE BILL NO. 809.
Passed the Senate, as amended, November 18, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 809, on page 3, immediately
below line 30, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law."
AMENDMENT NO. 2. Amend House Bill 809, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Illinois Vehicle Code by changing Section
12-815."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 12-815 as follows:
(625 ILCS 5/12-815) (from Ch. 95 1/2, par. 12-815)
Sec. 12-815. Strobe lamp on school bus.
(a) A school bus manufactured purchased prior to January 1, 2000
HOUSE OF REPRESENTATIVES 8007
the effective date of this amendatory Act of the 91st General
Assembly may be equipped with one strobe lamp that will emit 60 to
120 flashes per minute of white or bluish-white light visible to a
motorist approaching the bus from any direction. A school bus
manufactured purchased on or after January 1, 2000 the effective date
of this amendatory Act of the 91st General Assembly shall be equipped
with one strobe lamp that will emit 60 to 120 flashes per minute of
white or bluish-white light visible to a motorist approaching the bus
from any direction. The lamp shall be of sufficient brightness to be
visible in normal sunlight when viewed directly from a distance of at
least one mile.
(b) The strobe lamp shall be mounted on the rooftop of the bus
with the light generating element in the lamp located equidistant
from each side and either at or behind the center of the rooftop.
The maximum height of the element above the rooftop shall not exceed
1/30 of its distance from the rear of the rooftop. If the structure
of the strobe lamp obscures the light generating element, the element
shall be deemed to be in the center of the lamp with a maximum height
1/4 inch less than the maximum height of the strobe lamp unless
otherwise indicated in rules and regulations promulgated by the
Department. The Department may promulgate rules and regulations to
govern measurements, glare, effectiveness and protection of strobe
lamps on school buses, including higher strobe lamps than authorized
in this paragraph.
(c) The strobe lamp may be lighted only when the school bus is
actually being used as a school bus and:
1. is stopping or stopped for loading or discharging pupils
on a highway outside an urban area; or
2. is bearing one or more pupils and is either stopped or,
in the interest of safety, is moving very slowly at a speed:
(i) less than the posted minimum speed limit, or
(ii) less than 30 miles per hour on a highway outside
an urban area.
(Source: P.A. 91-168, eff. 1-1-00.)
Section 95. No acceleration or delay. Where this Act makes
changes in a "statute that is represented in this Act by text that is
not yet or no longer in effect (for example, a Section represented by
multiple versions), the use of that text does not accelerate or delay
the taking effect of (i) the changes made by this Act or (ii)
provisions derived from any other Public Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 4. Amend House Bill 809, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning vehicles."; and
by inserting after the enacting clause the following:
"Section 2. The State Finance Act is amended by changing Section
6z-23 as follows:
(30 ILCS 105/6z-23) (from Ch. 127, par. 142z-23)
Sec. 6z-23. All monies received by the Secretary of State
pursuant to paragraph (f) of Section 2-119 of the Illinois Vehicle
Code shall be deposited in the CDLIS/AAMVAnet Trust Fund. The money
in this Fund shall only be used by the Secretary of State to pay for
(1) the enrollment of commercial drivers into the Commercial Driver
License Information System (CDLIS), (2) network charges assessed
Illinois by AAMVAnet, Inc., for motor vehicle and driver records data
and information, and (3) expenses (limited to equipment, maintenance,
and software) related to the testing of applicants for commercial
driver's licenses equipment to be used for the testing of applicants
for commercial driver's licenses and the maintenance of that
8008 JOURNAL OF THE [November 18, 1999]
equipment.
(Source: P.A. 91-537, eff. 8-13-99.)"; and
in the introductory clause of Section 5, by replacing "Section
12-815" with "Sections 3-626 and 12-815"; and
after the introductory clause of Section 5, by inserting the
following:
"(625 ILCS 5/3-626)
Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary of State, may issue special
registration plates designated as Korean War Veteran license plates
to residents of Illinois who participated in the United States Armed
Forces during the Korean War. The special plate issued under this
Section shall be affixed only to passenger vehicles of the first
division, motor vehicles of the second division weighing not more
than 8,000 pounds, and recreational vehicles as defined by Section
1-169 of this Code. Plates issued under this Section shall expire
according to the staggered multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may,
in his or her discretion, allow the plates to be issued as vanity
plates or personalized in accordance with Section 3-405.1 of this
Code. The plates are not required to designate "Land Of Lincoln", as
prescribed in subsection (b) of Section 3-412 of this Code. The
Secretary shall prescribe the eligibility requirements and, in his or
her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. Of this
additional fee, $13 shall be deposited into the Secretary of State
Special License Plate Fund and $2 shall be deposited into the Korean
War Memorial Construction Fund. For each registration renewal
period, a $2 fee, in addition to the appropriate registration fee,
shall be charged and shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The Korean War Memorial Construction Fund is created as a
special fund in the State treasury. All moneys in the Korean War
Memorial Construction Fund shall, subject to appropriation, be used
by the Department of Veteran Affairs to provide grants for
construction of the Korean War Memorial to be located at Oak Ridge
Cemetery in Springfield, Illinois. Upon the completion of the
Memorial, the Department of Veteran Affairs shall certify to the
State Treasurer that the construction of the Memorial has been
completed. Upon the certification by the Department of Veteran
Affairs, the State Treasurer shall transfer all moneys in the Fund
and any future deposits into the Fund into the Secretary of State
Special License Plate Fund.
(e) An individual who has been issued Korean War Veteran license
plates for a vehicle and who has claimed and received a grant under
the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act shall pay 50% of the original issuance
and the regular annual fee for the registration of the vehicle as
provided in Section 3-806.3 of this Code in addition to the fees
specified in subsection (c) of this Section. The 50% reduction shall
not apply to the additional fee for the original issuance or the
additional fee for each renewal under subsection (c).
(Source: P.A. 88-485; 88-560, eff. 8-4-94; 88-670, eff. 12-2-94;
89-98, eff. 1-1-96; 89-282, eff. 8-10-95; 89-626, eff. 8-9-96.)".
HOUSE OF REPRESENTATIVES 8009
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2 and 4 to HOUSE BILL 809 was placed on the Calendar on
the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1276
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 8-2-9 and 8-3-1.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1276.
Senate Amendment No. 2 to HOUSE BILL NO. 1276.
Passed the Senate, as amended, November 18, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1276 by replacing the title
with the following:
"AN ACT to amend the Illinois Municipal Code by changing Section
11-65-2."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by changing
Section 11-65-2 as follows:
(65 ILCS 5/11-65-2) (from Ch. 24, par. 11-65-2)
Sec. 11-65-2. Every city which has a population exceeding 75,000;
and every city with a population of 12,500 or more but less than
25,000 that (i) is located in a county with a population of 250,000
or more but less than 260,000 and (ii) does not levy a property tax;
has the power to acquire, construct, manage, control, maintain, and
operate within its corporate limits a municipal convention hall or
halls, with all necessary adjuncts thereto.
(Source: Laws 1961, p. 576.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 1276, AS AMENDED, with
reference to page and line numbers of Senate amendment No. 1, on page
1 by inserting immediately after line 19 the following:
(65 ILCS 5/11-65-5) (from Ch. 24, par. 11-65-5)
Sec. 11-65-5. The city council, in the manner and at the time
provided by law, shall provide by ordinance for the collection of a
direct annual tax sufficient to pay the interest on bonds issued
under this Division 65 as it falls due, and also to pay the principal
thereof as it falls due.
Except that the city council of any municipality with a
population of 12,500 or more but less then 25,000 that (i) is located
in a county with a population of 250,000 or more but less than
8010 JOURNAL OF THE [November 18, 1999]
260,000 and (ii) does not levy a property tax shall not levy a
property tax for purposes of this Division 65.
(Source: Laws 1961, p. 576.)
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1276 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1852
A bill for AN ACT in relation to contracts between nursing homes
and residents.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1852.
Passed the Senate, as amended, November 18, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1852 by replacing the title
with the following:
"AN ACT to amend the Uniform Disposition of Unclaimed Property
Act by changing Section 2a."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Uniform Disposition of Unclaimed Property Act is
amended by changing Section 2a as follows:
(765 ILCS 1025/2a) (from Ch. 141, par. 102a)
Sec. 2a. (a) Business associations shall report, pursuant to
Section 11 of this Act, all property and any earnings thereon to
which the owner would be entitled that have remained unclaimed for 5
years and are therefore presumed abandoned. Before reporting and
delivering property as required under this Act, a business
association may deduct from the amount of otherwise reportable
intangible personal property the economic loss suffered by it in
connection with that intangible personal property arising from
transactions involving the sale of tangible personal property at
retail. This property shall consist of, but is not limited to:
(1) unclaimed wages;
(2) deposits or payment for repair or purchase of goods or
services;
(3) credit checks or memos, or customer overpayments;
(4) stocks, bonds, or any other type of securities or debt
instruments, and interest and dividends therefrom;
(5) unidentified remittances, unrefunded overcharges;
(6) unpaid claims, unpaid accounts payable or unpaid
commissions; and
(7) credit balances-accounts receivable, checks written
HOUSE OF REPRESENTATIVES 8011
off, employee bond buying and profit-sharing.
(b) Notwithstanding the provisions of subsection (a), any
property due or owed by a business association to or for the benefit
of another business association resulting from a transaction
occurring in the normal and ordinary course of business shall be
exempt from the provisions of this Act.
(Source: P.A. 90-167, eff. 7-23-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1852 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2773
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 1-3.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 2773.
Senate Amendment No. 3 to HOUSE BILL NO. 2773.
Senate Amendment No. 5 to HOUSE BILL NO. 2773.
Passed the Senate, as amended, November 18, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 2773 as follows:
by replacing the title with the following:
"AN ACT concerning child support, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Sections 10-10.4, 10-26, and 12-10.2 as follows:
(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those
terms as defined in the Income Withholding for Support Act, except
that "order for support" shall not mean orders providing for spousal
maintenance under which there is no child support obligation.
(b) Notwithstanding any other provision of this Code to the
contrary, each court or administrative order for support entered or
modified on or after October 1, 1999 shall require that support
payments be made to the State Disbursement Unit established under
Section 10-26 if:
8012 JOURNAL OF THE [November 18, 1999]
(1) a party to the order is receiving child and spouse
support services under this Article X; or
(2) no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) The Illinois Department shall provide notice to the obligor
and, where applicable, to the obligor's payor to make Support
payments shall be made to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under this Article X; or
(2) the order for support was entered after January 1,
1994, no party to the order is receiving child and spouse support
services, and the support payments are being made through income
withholding.
(c-5) If no party to the order is receiving child and spouse
support services under this Article X, and the support payments are
not being made through income withholding, then support payments
shall be made as directed in the order for support.
(c-10) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department shall
provide written notice to the clerk of the circuit court, the
obligor, and, where applicable, the obligor's payor to make payments
to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under this Article X; or
(2) no party to the order is receiving child and spouse
support services, and the support payments are being made through
income withholding.
(c-15) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the clerk of the circuit court
shall provide written notice to the obligor to make payments directly
to the clerk of the circuit court if no party to the order is
receiving child and spouse support services under this Article X, the
support payments are not made through income withholding, and the
order for support requires support payments to be made directly to
the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support payment
that was not appropriately made to the Unit under this Section, the
Unit shall immediately return the payment to the sender, including,
if possible, instructions detailing where to send the support
payments.
(d) The notices notice required under subsections (c-10) and
(c-15) subsection (c) may be sent by ordinary mail, certified mail,
return receipt requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any method
provided by law for service of a summons. A copy of the notice shall
be provided to the obligee and, when the order for support was
entered by the court, to the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
(305 ILCS 5/10-26)
Sec. 10-26. State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department shall
establish a State Disbursement Unit in accordance with the
requirements of Title IV-D of the Social Security Act. The Illinois
Department shall enter into an agreement with a State or local
governmental unit or private entity to perform the functions of the
State Disbursement Unit as set forth in this Section. The purpose of
the State Disbursement Unit shall be to collect and disburse support
payments made under court and administrative support orders:
HOUSE OF REPRESENTATIVES 8013
(1) being enforced in cases in which child and spouse
support services are being provided under this Article X; and
(2) in all cases in which the order for support was entered
after January 1, 1994, child and spouse support services are not
being provided under this Article X, and in which support
payments are made under the provisions of the Income Withholding
for Support Act.
(a-5) If the State Disbursement Unit receives a support payment
that was not appropriately made to the Unit under this Section, the
Unit shall immediately return the payment to the sender, including,
if possible, instructions detailing where to send the support
payments.
(b) All payments received by the State Disbursement Unit:
(1) shall be deposited into an account obtained by the
State or local governmental unit or private entity, as the
case may be, and
(2) distributed and disbursed by the State Disbursement
Unit, in accordance with the directions of the Illinois
Department, pursuant to Title IV-D of the Social Security Act and
rules promulgated by the Department.
(c) All support payments assigned to the Illinois Department
under Article X of this Code and rules promulgated by the Illinois
Department that are disbursed to the Illinois Department by the State
Disbursement Unit shall be paid into the Child Support Enforcement
Trust Fund.
(d) If the agreement with the State or local governmental unit
or private entity provided for in this Section is not in effect for
any reason, the Department shall perform the functions of the State
Disbursement Unit as set forth in this Section for a maximum of 12
months.
(e) The Illinois Department shall immediately conduct at least 4
regional training and educational seminars to educate the clerks of
the circuit court on the general operation of the State Disbursement
Unit, the role of the State Disbursement Unit, and the role of the
clerks of the circuit court in the collection and distribution of
child support payments.
(f) The Illinois Department shall conduct at least 4 regional
educational and training seminars to educate payors, as defined in
the Income Withholding for Support Act, on the general operation of
the State Disbursement Unit, the role of the State Disbursement Unit,
and the distribution of income withholding payments pursuant to this
Section and the Income Withholding for Support Act.
(Source: P.A. 91-212, eff. 7-20-99.)
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund, to be
held by the State Treasurer as ex-officio custodian outside the State
Treasury, pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, shall consist
of (1) all support payments assigned to the Illinois Department under
Article X of this Code and rules promulgated by the Illinois
Department that are disbursed to the Illinois Department by the State
Disbursement Unit established under Section 10-26, and (2) all
federal grants received by the Illinois Department funded by Title
IV-D of the Social Security Act, except those federal funds received
under the Title IV-D program as reimbursement for expenditures from
the General Revenue Fund, and (3) incentive payments received by the
Illinois Department from other states or political subdivisions of
other states for the enforcement and collection by the Department of
an assigned child support obligation in behalf of such other states
or their political subdivisions pursuant to the provisions of Title
IV-D of the Social Security Act, and (4) incentive payments retained
8014 JOURNAL OF THE [November 18, 1999]
by the Illinois Department from the amounts which otherwise would be
paid to the Federal government to reimburse the Federal government's
share of the support collection for the Department's enforcement and
collection of an assigned support obligation on behalf of the State
of Illinois pursuant to the provisions of Title IV-D of the Social
Security Act, and (5) all fees charged by the Department for child
support enforcement services, as authorized under Title IV-D of the
Social Security Act and Section 10-1 of this Code, and any other
fees, costs, fines, recoveries, or penalties provided for by State or
federal law and received by the Department under the Child Support
Enforcement Program established by Title IV-D of the Social Security
Act, and (5.5) all moneys transmitted to the Department by clerks of
the circuit court pursuant to subdivision (u)(3) of Section 27.1 of
the Clerks of Courts Act, subdivision (bb)(4) of Section 27.1a of
that Act, subdivision (bb)(4) of Section 27.2 of that Act, and
subdivision (bb)(4) of Section 27.2a of that Act, and (6) all amounts
appropriated by the General Assembly for deposit into the Fund, and
(7) any gifts, grants, donations, or awards from individuals, private
businesses, nonprofit associations, and governmental entities.
Disbursements from this Fund shall be only for the following
purposes: (1) for the reimbursement of funds received by the Illinois
Department through error or mistake, and (2) (blank), and (3) for
payment of any administrative expenses, including payment to the
Health Insurance Reserve Fund for group insurance costs at the rate
certified by the Department of Central Management Services, except
those required to be paid from the General Revenue Fund, including
personal and contractual services, incurred in performing the Title
IV-D activities authorized by Article X of this Code, and (3.5) for
offsetting the cost of establishing the State Disbursement Unit under
Section 10-26, and (4) for the reimbursement of the Public Assistance
Emergency Revolving Fund for expenditures made from that Fund for
payments to former recipients of public aid for child support made to
the Illinois Department when the former public aid recipient is
legally entitled to all or part of the child support payments,
pursuant to the provisions of Title IV-D of the Social Security Act,
and (5) for the payment of incentive amounts owed to other states or
political subdivisions of other states that enforce and collect an
assigned support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social Security Act,
and (6) for the payment of incentive amounts owed to political
subdivisions of the State of Illinois that enforce and collect an
assigned support obligation on behalf of the State pursuant to the
provisions of Title IV-D of the Social Security Act, and (7) for
payments of any amounts which are reimbursable to the Federal
government which are required to be paid by State warrant by either
the State or Federal government. Disbursements from this Fund shall
be by warrants drawn by the State Comptroller on receipt of vouchers
duly executed and certified by the Illinois Department or any other
State agency that receives an appropriation from the Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98; 91-212, eff.
7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
Section 10. The Clerks of Courts Act is amended by changing
Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in all
counties having a population of 180,000 inhabitants or less shall be
paid in advance, except as otherwise provided, and shall be as
follows:
(a) Civil Cases
(1) All civil cases except as otherwise
provided........................................... $40
HOUSE OF REPRESENTATIVES 8015
(2) Judicial Sales (except Probate).......... $40
(b) Family
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $62.50 as a
fee for the services of a jury. The jury fee shall
be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(d) Other Civil Cases
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $62.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
8016 JOURNAL OF THE [November 18, 1999]
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
HOUSE OF REPRESENTATIVES 8017
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim
8018 JOURNAL OF THE [November 18, 1999]
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment
From a court, the same fee as if case
originally filed.
(t) Publications
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court. After June 30,
2000, in each case in which support payments must
be made to the State Disbursement Unit as provided
in Section 10-10.4 of the Illinois Public Aid Code,
Section 507.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 21.1 of the
Illinois Parentage Act of 1984, the Clerk shall
retain $5 of the fee and transmit the remaining $31
to the State Treasurer for deposit into the Child
Support Enforcement Trust Fund.
This $36 annual fee Such sum shall be in
addition to and separate from amounts ordered to be
paid as maintenance or child support and shall be
deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
HOUSE OF REPRESENTATIVES 8019
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court. 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. The Clerk may
recover from the person making the maintenance or
child support payment any additional cost incurred
in the collection of this annual fee.
(4) Interest earned on any funds held by the
clerk shall be turned over to the county general
fund as an earning of the office.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search
For searching a record, per year searched..... $4
(x) Printed Output
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons
For each alias summons issued................. $2
(z) Expungement of Records
For each expungement petition filed........... $15
(aa) Other Fees
Any fees not covered by this Section shall be set by rule or
administrative order of the Circuit Court, with the approval of
the Supreme Court.
(bb) Exemptions
No fee provided for herein shall be charged to any unit of
State or local government or school district unless the Court
orders another party to pay such fee on its behalf. The fee
requirements of this Section shall not apply to police
departments or other law enforcement agencies. In this Section,
"law enforcement agency" means an agency of the State or a unit
of local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws and
ordinances. The fee requirements of this Section shall not apply
to any action instituted under subsection (b) of Section 11-31-1
of the Illinois Municipal Code by a private owner or tenant of
real property within 1200 feet of a dangerous or unsafe building
seeking an order compelling the owner or owners of the building
to take any of the actions authorized under that subsection.
(cc) Adoptions
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(dd) Adoption exemptions
No fee other than that set forth in subsection (cc) shall be
charged to any person in connection with an adoption proceeding.
(ee) Additional Services
8020 JOURNAL OF THE [November 18, 1999]
Beginning July 1, 1993, the clerk of the circuit court may
provide such additional services for which there is no fee
specified by statute in connection with the operation of the
clerk's office as may be requested by the public and agreed to by
the public and by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services shall be
as agreed to between the clerk and the party making the request
and approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk to
provide any service not otherwise required by law.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-165,
eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 7-29-99; 91-612, eff.
10-1-99; revised 8-30-99.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court in all
counties having a population in excess of 180,000 but not more than
650,000 inhabitants in the instances described in this Section shall
be as provided in this Section. The fees shall be paid in advance
and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $150.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not exceed
$500, $20.
(C) When that amount exceeds $500 but does not exceed
$2500, $30.
(D) When that amount exceeds $2500 but does not exceed
$15,000, $75.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act of 1987,
$25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage Act of
1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $40. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, $50. When the amount exceeds $1500, but does not exceed
HOUSE OF REPRESENTATIVES 8021
$15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not exceed $1500,
$20.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $10;
when the amount exceeds $1,000 but does not exceed $5,000, $20;
and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $40.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be $6, plus
the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $4.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon reinstatement
the Clerk shall advise the parties of the reinstatement. A party
shall have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
8022 JOURNAL OF THE [November 18, 1999]
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code and for filing a transcript of
commitment proceedings held in another county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $192.50, as a fee for the
services of a jury in every civil action not quasi-criminal in
its nature and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right of
trial by jury is or may be given by law. The jury fee shall be
paid by the party demanding a jury at the time of filing the jury
demand. If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be tried
by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10; for
recording the same, 25¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees as
HOUSE OF REPRESENTATIVES 8023
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30 for each
expungement petition filed and an additional fee of $2 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $10.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $10; when the
amount claimed is $500 or more but less than $10,000, $25;
when the amount claimed is $10,000 or more, $40; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
the amount involved does not exceed $5,000, the fee,
8024 JOURNAL OF THE [November 18, 1999]
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $10.
(H) For each certified copy of letters of office, of
court order or other certification, $1, plus 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders, $20.
(I) Motions to vacate ex parte judgments, whenever
filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population in excess of 180,000
but not more than 650,000 inhabitants, when the violation
complaint is issued by a municipal police department, the clerk
shall be entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $62.50 as a fee for the services of
a jury. The jury fee shall be paid by the defendant at the time
of filing his or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of a
new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
the commencement of a new suit.
(2) The fee for the preparation and certification of a
HOUSE OF REPRESENTATIVES 8025
record on a change of venue to another jurisdiction, when
original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining on the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. After June 30, 2000, in each case in which
support payments must be made to the State Disbursement Unit as
provided in Section 10-10.4 of the Illinois Public Aid Code,
Section 507.1 of the Illinois Marriage and Dissolution of
Marriage Act, or Section 21.1 of the Illinois Parentage Act of
1984, the Clerk shall retain $5 of the fee and transmit the
remaining $31 to the State Treasurer for deposit into the child
Support Enforcement Trust Fund.
This $36 annual fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain child
support orders and record all payments issued by the State
Disbursement Unit for the official record of the Court. The clerk
may recover from the person making the maintenance or child
support payment any additional cost incurred in the collection
of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
8026 JOURNAL OF THE [November 18, 1999]
Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
local government or school district.
(3) The fee requirements of this Section shall not apply to
any action instituted under subsection (b) of Section 11-31-1 of
the Illinois Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe building
seeking an order compelling the owner or owners of the building
to take any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321,
eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court in all
counties having a population in excess of 650,000 inhabitants but
less than 3,000,000 inhabitants in the instances described in this
Section shall be as provided in this Section. In addition, the fees
provided in this Section shall apply to all units of local government
and school districts in counties with more than 3,000,000
inhabitants. The fees shall be paid in advance and shall be as
follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $150.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not exceed
$500, $20.
(C) When that amount exceeds $500 but does not exceed
$2500, $30.
(D) When that amount exceeds $2500 but does not exceed
$15,000, $75.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $40. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
HOUSE OF REPRESENTATIVES 8027
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, $50. When the amount exceeds $1500, but does not exceed
$15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only; $20.
(B) When the amount in the case does not exceed $1500,
$20.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $10;
when the amount exceeds $1,000 but does not exceed $5,000, $20;
and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $40.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be $6, plus
the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $4.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon reinstatement
8028 JOURNAL OF THE [November 18, 1999]
the Clerk shall advise the parties of the reinstatement. A party
shall have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, $25.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $192.50, as a fee for the
services of a jury in every civil action not quasi-criminal in
its nature and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right of
trial by jury is or may be given by law. The jury fee shall be
paid by the party demanding a jury at the time of filing the jury
demand. If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be tried
by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10; for
recording the same, 25¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
HOUSE OF REPRESENTATIVES 8029
claimant or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30 for each
expungement petition filed and an additional fee of $2 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $10.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $10; when the
amount claimed is $500 or more but less than $10,000, $25;
when the amount claimed is $10,000 or more, $40; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $30, less any amount
8030 JOURNAL OF THE [November 18, 1999]
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
the amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $10.
(H) For each certified copy of letters of office, of
court order or other certification, $1, plus 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his attorney shall pay to the clerk
all postage charges incurred by the clerk in mailing petitions,
orders, notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders, $20.
(I) Motions to vacate ex parte judgments, whenever
filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population of more than 650,000
but fewer than 3,000,000 inhabitants, when the violation
complaint is issued by a municipal police department, the clerk
shall be entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $50 as a fee for the services of a
jury. The jury fee shall be paid by the defendant at the time of
filing his or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be tried
by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of new
suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
HOUSE OF REPRESENTATIVES 8031
the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining in the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. After June 30, 2000, in each case in which
support payments must be made to the State Disbursement Unit as
provided in Section 10-10.4 of the Illinois Public Aid Code,
Section 507.1 of the Illinois Marriage and Dissolution of
Marriage Act, or Section 21.1 of the Illinois Parentage Act of
1984, the Clerk shall retain $5 of the fee and transmit the
remaining $31 to the State Treasurer for deposit into the Child
Support Enforcement Trust Fund.
This $36 annual fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain child
support orders and record all payments issued by the State
Disbursement Unit for the official record of the Court. The clerk
may recover from the person making the maintenance or child
support payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $15.
(dd) Exceptions.
The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
8032 JOURNAL OF THE [November 18, 1999]
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
Attorney General or any state's attorney. The fee requirements of
this Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois Municipal Code
by a private owner or tenant of real property within 1200 feet of
a dangerous or unsafe building seeking an order compelling the
owner or owners of the building to take any of the actions
authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321,
eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court in all
counties having a population of 3,000,000 or more inhabitants in the
instances described in this Section shall be as provided in this
Section. The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $190.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $15.
(B) When that amount exceeds $250 but does not exceed
$1000, $40.
(C) When that amount exceeds $1000 but does not exceed
$2500, $50.
(D) When that amount exceeds $2500 but does not exceed
$5000, $100.
(E) When that amount exceeds $5000 but does not exceed
$15,000, $150.
(F) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $75. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
HOUSE OF REPRESENTATIVES 8033
$1500, $60. When the amount exceeds $1500, but does not exceed
$5000, $75. When the amount exceeds $5000, but does not exceed
$15,000, $175. When the amount exceeds $15,000, $250.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$75, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $40.
(B) When the amount in the case does not exceed $1500,
$40.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $15;
when the amount exceeds $1,000 but does not exceed $5,000, $30;
and when the amount exceeds $5,000, $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $50.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $75.
(3) Petition to vacate order of bond forfeiture, $40.
(h) Mailing.
When the clerk is required to mail, the fee will be $10,
plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $6.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $75.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $150.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon reinstatement
the Clerk shall advise the parties of the reinstatement. A party
8034 JOURNAL OF THE [November 18, 1999]
shall have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $6 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, $50.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $212.50, as a fee for the
services of a jury in every civil action not quasi-criminal in
its nature and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right of
trial by jury is or may be given by law. The jury fee shall be
paid by the party demanding a jury at the time of filing the jury
demand. If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be tried
by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $20; for
recording the same, 50¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and those
HOUSE OF REPRESENTATIVES 8035
parties respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $60 for each
expungement petition filed and an additional fee of $4 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $40.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $40.
(2) For administration of the estate of a ward, $75, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $20.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $25.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $20; when the
amount claimed is $500 or more but less than $10,000, $40;
when the amount claimed is $10,000 or more, $60; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $60.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $30.
(F) For each jury demand, $137.50.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
8036 JOURNAL OF THE [November 18, 1999]
the amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $20.
(H) For each certified copy of letters of office, of
court order or other certification, $2, plus $1 per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $2, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $125.
(B) Misdemeanor complaints, $75.
(C) Business offense complaints, $75.
(D) Petty offense complaints, $75.
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, $40.
(H) Motions to vacate bond forfeiture orders, $30.
(I) Motions to vacate ex parte judgments, whenever
filed, $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $25.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $40.
(2) In counties having a population of 3,000,000 or more,
when the violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from each person
convicted therein as follows:
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $112.50 as a fee for the services
of a jury. The jury fee shall be paid by the defendant at the
time of filing his or her jury demand. If the fee is not so paid
by the defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of a
new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
the commencement of a new suit.
(2) The fee for the preparation and certification of a
HOUSE OF REPRESENTATIVES 8037
record on a change of venue to another jurisdiction, when
original documents are forwarded, $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining in the complaint, $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$250.
(2) For each additional parcel, add a fee of $100.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. After June 30, 2000, in each case in which
support payments must be made to the State Disbursement Unit as
provided in Section 10-10.4 of the Illinois Public Aid Code,
Section 507.1 of the Illinois Marriage and Dissolution of
Marriage Act, or Section 21.1 of the Illinois Parentage Act of
1984, the Clerk shall retain $5 of the fee and transmit the
remaining $31 to the State Treasurer for deposit into the Child
Support Enforcement Trust Fund.
This $36 annual fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain child
support orders and record all payments issued by the State
Disbursement Unit for the official record of the Court. The clerk
may recover from the person making the maintenance or child
support payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
8038 JOURNAL OF THE [November 18, 1999]
Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
local government or school district. The fee requirements of this
Section shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling the
owner or owners of the building to take any of the actions
authorized under that subsection.
(ee) Adoption.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff.
8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff.
10-1-99.)
Section 15. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Section 507.1 as follows:
(750 ILCS 5/507.1)
Sec. 507.1. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those
terms as defined in the Income Withholding for Support Act, except
that "order for support" shall not mean orders providing for spousal
maintenance under which there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the
contrary, each order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the
State Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) The Illinois Department of Public Aid shall provide notice
to the obligor and, where applicable, to the obligor's payor to make
Support payments shall be made to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) the order for support was entered after January 1,
1994, no party to the order is receiving child and spouse support
services, and the support payments are being made through income
withholding.
(c-5) If no party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, and
the support payments are not made through income withholding, then
support payments shall be made as directed by the order for support.
(c-10) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department shall
provide written notice to the clerk of the circuit court, the
obligor, and, where applicable, the obligor's payor to make payments
to the State Disbursement Unit if:
HOUSE OF REPRESENTATIVES 8039
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, and the support payments are being made through
income withholding.
(c-15) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the clerk of the circuit court
shall provide written notice to the obligor to make payments directly
to the clerk of the circuit court if no party to the order is
receiving child and spouse support services under Article X of the
Illinois Public Aid Code, the support payments are not made through
income withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support payment
that was not appropriately made to the Unit under this Section, the
Unit shall immediately return the payment to the sender, including,
if possible, instructions detailing where to send the support
payment.
(d) The notices notice required under subsections (c-10) and
(c-15) subsection (c) may be sent by ordinary mail, certified mail,
return receipt requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any method
provided by law for service of a summons. The Illinois Department of
Public Aid shall provide a copy of the notice to the obligee and to
the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 20. The Uniform Interstate Family Support Act is amended
by adding Section 320 as follows:
(750 ILCS 22/320 new)
Sec. 320. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those
terms as defined in the Income Withholding for Support Act, except
that "order for support" means an order entered by any tribunal of
this State but shall not mean orders providing for spousal
maintenance under which there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the
contrary, each order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the
State Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) Support payments shall be made to the State Disbursement Unit
if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, and the support payments are being made through
income withholding.
(c-5) If no party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, and
the support payments are not made through income withholding, then
8040 JOURNAL OF THE [November 18, 1999]
support payments shall be made as directed by the order for support.
(c-10) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department shall
provide written notice to the clerk of the circuit court, the
obligor, and, where applicable, the obligor's payor to make payments
to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, and the support payments are being made through
income withholding.
(c-15) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the clerk of the circuit court
shall provide written notice to the obligor to make payments directly
to the clerk of the circuit court if no party to the order is
receiving child and spouse support services under Article X of the
Illinois Public Aid Code, the support payments are not made through
income withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support payment
that was not appropriately made to the Unit under this Section, the
Unit shall immediately return the payment to the sender, including,
if possible, instructions detailing where to send the support
payments.
(d) The notices required under subsections (c-10) and (c-15) may
be sent by ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may be served
upon the obligor or payor using any method provided by law for
service of a summons. The Illinois Department of Public Aid shall
provide a copy of the notice to the obligee and to the clerk of the
court.
Section 25. The Illinois Parentage Act of 1984 is amended by
changing Section 21.1 as follows:
(750 ILCS 45/21.1)
Sec. 21.1. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those
terms as defined in the Income Withholding for Support Act, except
that "order for support" shall not mean orders providing for spousal
maintenance under which there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the
contrary, each order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the
State Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) The Illinois Department of Public Aid shall provide notice to
the obligor and, where applicable, to the obligor's payor to make
Support payments shall be made to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) the order for support was entered after January 1,
HOUSE OF REPRESENTATIVES 8041
1994, no party to the order is receiving child and spouse support
services, and the support payments are being made through income
withholding.
(c-5) If no party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, and
the support payments are not made through income withholding, then
support payments shall be made as directed by the order for support.
(c-10) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department shall
provide written notice to the clerk of the circuit court, the
obligor, and, where applicable, the obligor's payor to make payments
to the State Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) no party to the order is receiving child and spouse
support services, and the support payments are being made through
income withholding.
(c-15) Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the clerk of the circuit court
shall provide written notice to the obligor to make payments directly
to the clerk of the circuit court if no party to the order is
receiving child and spouse support services under Article X of the
Illinois Public Aid Code, the support payments are not made through
income withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support payment
that was not appropriately made to the Unit under this Section, the
Unit shall immediately return the payment to the sender, including,
if possible, instructions detailing where to send the support
payments.
(d) The notices notice required under subsections (c-10) and
(c-15) subsection (c) may be sent by ordinary mail, certified mail,
return receipt requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any method
provided by law for service of a summons. The Illinois Department of
Public Aid shall provide a copy of the notice to the obligee and to
the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 3. Amend House Bill 2773, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 2, on page
1, line 10, after "12-10.2", by inserting "and adding Section
10-16.6"; and
on page 3, between lines 26 and 27, by inserting the following:
"(305 ILCS 5/10-16.6 new)
Sec. 10-16.6. Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within the
Department an Electronic Funds Transfer Committee. The Director or
his or her designee shall be a member of the committee and shall
serve as chairperson of the committee. The Director shall appoint 4
other members of the committee, 2 of whom shall represent employers
in this State and 2 of whom shall represent the banking industry in
this State. The administrator of the State Disbursement Unit
established under Section 10-26 shall be an ex officio member of the
committee.
(b) The committee shall study ways to modify or expand the use
of electronic funds transfers for the payment of child support. The
8042 JOURNAL OF THE [November 18, 1999]
committee shall report its findings and recommendations to the
Governor and the General Assembly before December 1, 2001.
(c) The committee is abolished on December 1, 2001."; and
on page 59, between lines 13 and 14, by inserting the following:
"Section 22. The Income Withholding for Support Act is amended
by changing Section 35 as follows:
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has been served with
an income withholding notice to deduct and pay over income as
provided in this Section. The payor shall deduct the amount
designated in the income withholding notice, as supplemented by any
notice provided pursuant to subsection (f) of Section 45, beginning
no later than the next payment of income which is payable or
creditable to the obligor that occurs 14 days following the date the
income withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or service on
the payor. The payor may combine all amounts withheld for the
benefit of an obligee or public office into a single payment and
transmit the payment with a listing of obligors from whom withholding
has been effected. The payor shall pay the amount withheld to the
State Disbursement Unit within 7 business days after the date the
amount would (but for the duty to withhold income) have been paid or
credited to the obligor. If the payor knowingly fails to pay any
amount withheld to the State Disbursement Unit within 7 business days
after the date the amount would have been paid or credited to the
obligor, the payor shall pay a penalty of $100 for each day that the
withheld amount is not paid to the State Disbursement Unit after the
period of 7 business days has expired. The failure of a payor, on
more than one occasion, to pay amounts withheld to the State
Disbursement Unit within 7 business days after the date the amount
would have been paid or credited to the obligor creates a presumption
that the payor knowingly failed to pay over the amounts. This
penalty may be collected in a civil action which may be brought
against the payor in favor of the obligee or public office. A finding
of a payor's nonperformance within the time required under this Act
must be documented by a certified mail return receipt showing the
date the income withholding notice was served on the payor. For
purposes of this Act, a withheld amount shall be considered paid by a
payor on the date it is mailed by the payor, or on the date an
electronic funds transfer of the amount has been initiated by the
payor, or on the date delivery of the amount has been initiated by
the payor. For each deduction, the payor shall provide the State
Disbursement Unit, at the time of transmittal, with the date the
amount would (but for the duty to withhold income) have been paid or
credited to the obligor.
After June 30, 2000, every payor that has 250 or more employees
shall use electronic funds transfer to pay all amounts withheld under
this Section. During the year 2001 and during each year thereafter,
every payor that has fewer than 250 employees and that withheld
income under this Section pursuant to 10 or more income withholding
notices during December of the preceding year shall use electronic
funds transfer to pay all amounts withheld under this Section.
Upon receipt of an income withholding notice requiring that a
minor child be named as a beneficiary of a health insurance plan
available through an employer or labor union or trade union, the
employer or labor union or trade union shall immediately enroll the
minor child as a beneficiary in the health insurance plan designated
by the income withholding notice. The employer shall withhold any
required premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier in a
HOUSE OF REPRESENTATIVES 8043
timely manner. The employer or labor union or trade union shall mail
to the obligee, within 15 days of enrollment or upon request, notice
of the date of coverage, information on the dependent coverage plan,
and all forms necessary to obtain reimbursement for covered health
expenses, such as would be made available to a new employee. When an
order for dependent coverage is in effect and the insurance coverage
is terminated or changed for any reason, the employer or labor union
or trade union shall notify the obligee within 10 days of the
termination or change date along with notice of conversion
privileges.
For withholding of income, the payor shall be entitled to receive
a fee not to exceed $5 per month to be taken from the income to be
paid to the obligor.
(b) Whenever the obligor is no longer receiving income from the
payor, the payor shall return a copy of the income withholding notice
to the obligee or public office and shall provide information for the
purpose of enforcing this Act.
(c) Withholding of income under this Act shall be made without
regard to any prior or subsequent garnishments, attachments, wage
assignments, or any other claims of creditors. Withholding of income
under this Act shall not be in excess of the maximum amounts
permitted under the federal Consumer Credit Protection Act. If the
payor has been served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate income
available for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current support
obligations, the payor shall allocate the income to past due support
payments ordered in cases in which cash assistance under the Illinois
Public Aid Code is not being provided to the obligee and then to past
due support payments ordered in cases in which cash assistance under
the Illinois Public Aid Code is being provided to the obligee, both
on a proportionate share basis. A payor who complies with an income
withholding notice that is regular on its face shall not be subject
to civil liability with respect to any individual, any agency, or any
creditor of the obligor for conduct in compliance with the notice.
(d) No payor shall discharge, discipline, refuse to hire or
otherwise penalize any obligor because of the duty to withhold
income.
(Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99.)".
AMENDMENT NO. 5. Amend House Bill 2773, AS AMENDED, by replacing
the introductory clause of Section 5 with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Sections 10-10.4 and 10-26 and adding Section 10-16.6 as follows:";
and
in Section 5, by deleting all of Sec. 12-10.2; and
by deleting all of Section 10.
The foregoing message from the Senate reporting Senate Amendments
numbered 2, 3 and 5 to HOUSE BILL 2773 was placed on the Calendar on
the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to recede from their
amendments 1 and 2 to a bill of the following title, to-wit:
8044 JOURNAL OF THE [November 18, 1999]
HOUSE BILL NO. 1812
A bill for AN ACT to amend the School Code by changing Section
10-17a.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators Lauzen, Cronin,
Karpiel; Berman and Demuzio.
Action taken by the Senate, November 17, 1999.
Jim Harry, Secretary of the Senate
Representative Schmitz moved that the House accede to the request
of the Senate for a Committee of Conference on HOUSE BILL 1812.
The motion prevailed.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2953. Introduced by Representative Lang, a bill for
AN ACT to amend the School Construction Law by changing Sections 5-25
and 5-35.
HOUSE BILL 2954. Introduced by Representative Lang, a bill for
AN ACT to amend the School Code by changing Section 2-3.25d.
HOUSE BILL 2955. Introduced by Representatives Leitch - Scott -
Silva, a bill for AN ACT to amend the Illinois Municipal Code by
changing Section 11-74.6-20.
HOUSE BILL 2956. Introduced by Representatives Leitch - Scott, a
bill for AN ACT in relation to municipal government.
HOUSE BILL 2957. Introduced by Representatives Tenhouse - McKeon
- Biggins, a bill for AN ACT to amend the Legislative Information
System Act by changing Section 5.09.
HOUSE BILL 2958. Introduced by Representative Garrett, a bill
for AN ACT concerning vehicle brake usage.
HOUSE BILL 2959. Introduced by Representatives Bugielski -
Saviano - Joseph Lyons - McAuliffe - Capparelli, Acevedo, Beaubien,
Biggins, Black, Boland, Bradley, Brunsvold, Burke, Coulson, Crotty,
Curry, Steve Davis, Granberg, Lou Jones, Shirley Jones, Leitch,
Lopez, Meyer, Andrea Moore, Murphy, Novak, Pankau, Parke, Persico,
Pugh, Rutherford, Ryder, Smith, Stroger, Wojcik, Woolard and Zickus.,
a bill for AN ACT to amend the Election Code by changing Section
9-28.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 460
Offered by Representative Parke:
WHEREAS, Meghan Krueger was born on October 23, 1984 in Arlington
Heights, Illinois, and was a lifelong resident of Schaumburg; and
HOUSE OF REPRESENTATIVES 8045
WHEREAS, She was the daughter of Mike and Jill Krueger and the
sister of Amanda and Jenny Krueger; and
WHEREAS, She loved animals, music, sports, family, and Jesus
Christ and will be remembered for her contagious smile; and
WHEREAS, She was an incoming freshman of Hoffman Estates High
School; and
WHEREAS, On August 20, 1999, she was on her way home from school
to tell her family that she had made the varsity swim team when she
was tragically struck by a van; and
WHEREAS, She left this world on August 30, 1999, and is missed by
many, and
WHEREAS, Pedestrian overpasses will be built because of the
intercession of Governor George Ryan; there are two proposed
overpasses on Gannon Road, at the intersections of both Golf Road and
Higgins Road, in Hoffman Estates near Hoffman Estates High School;
and
WHEREAS, The overpasses will provide a safe passage for children
to get to and from Hoffman Estates High School without interfering
with the flow of traffic; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the two proposed
overpasses on Gannon Road, at the intersections of both Golf Road and
Higgins Road in Hoffman Estates, will be named the Meghan Krueger
Overpasses; and be it further
RESOLVED, That the Illinois Department of Transportation be
requested to erect, at a suitable location consistent with State and
federal regulations, an appropriate plaque or signs giving notice of
the name; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Mike and Jill Krueger and the Secretary of Transportation.
HOUSE RESOLUTION 466
Offered by Representative Andrea Moore:
WHEREAS, Throughout history, brave Americans have shed their
blood during wars and conflicts to preserve, protect, and defend the
foundation of the principles of democracy and freedom; and
WHEREAS, Quality medical services are increasingly needed by, and
of vital importance to, an aging veteran population; and
WHEREAS, The North Chicago Veterans' Affairs Medical Center has
provided quality medical services to Chicago area veterans for many
years; and
WHEREAS, The North Chicago Veterans' Affairs Medical Center is
also of vital interest to the residents of North Chicago and Lake
County; and
WHEREAS, The city of North Chicago is in need of jobs and
economic development, and cutting services at the North Chicago
Veterans' Affairs Medical Center would result in a loss of jobs and
revenue in the community; and
WHEREAS, The city of North Chicago has a large number of minority
residents, many of whom would be affected by cutbacks at the North
Chicago Veterans' Affairs Medical Center; and
WHEREAS, Cutting services at the North Chicago Veterans' Affairs
Medical Center would be detrimental to the veterans and residents of
Lake County; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois
congressional delegation and the United States Veterans
Administration to support keeping the North Chicago Veterans' Affairs
Medical Center open without cutbacks; and be it further
RESOLVED, That a copy of this resolution be transmitted to each
8046 JOURNAL OF THE [November 18, 1999]
member of the Illinois congressional delegation and the chief officer
of the United States Veterans Administration.
HOUSE RESOLUTION 467
Offered by Representative Bill Mitchell:
WHEREAS, Illinois farmers are vital to the State's economy; and
WHEREAS, Drought has caused Illinois farmers to sustain
substantial crop losses during 1999; and
WHEREAS, Governor Ryan sent a letter prepared by the Illinois
Department of Agriculture to Secretary Glickman of the United States
Department of Agriculture on October 4, 1999, urging the Secretary to
grant 47 counties in Illinois a Secretarial Natural Disaster
Determination due to drought; and
WHEREAS, If the Determination is granted, resident farmers of
those counties will qualify for federal low-interest loans and other
federal grant assistance; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois House
urges Secretary Glickman to grant the Secretarial Natural Disaster
Determination for the 47 counties in Illinois as designated by the
Illinois Department of Agriculture and Governor Ryan; and be it
further
RESOLVED, That a suitable copy of this resolution be forwarded to
Secretary Glickman of the United States Department of Agriculture.
HOUSE RESOLUTION 474
Offered by Representative Bill Mitchell:
WHEREAS, The Air Force plans on moving 60,000 cubic yards of
contaminated soil from the Chanute Air Force Base in Rantoul to a
landfill; and
WHEREAS, It is understood that the contaminates include acetone,
naphthalene, methylene chloride, trichlorol benzene, anthrazine, and
benzopyrene; and
WHEREAS, The considered sites include the Brickyard Disposal and
Recycling in Vermillion County, the Macon County Landfill in Macon
County, and the CDT Landfill in Will County; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Air Force needs
to explain why the soil cannot be treated on-site as was done with
similar soil by Midwest Soil Remediation Incorporated at Chanute in
1993; and be it further
RESOLVED, That we urge the Air Force to hold public hearings in
the county of the chosen site before any transfer of the contaminated
soil to that site; and be it further
RESOLVED, That suitable copies of this resolution be forwarded to
Governor George Ryan, to all members of the Illinois congressional
delegation, and to the Air Force Base Conversion Agency.
HOUSE RESOLUTION 476
Offered by Representative Tenhouse:
WHEREAS, In 1996, the federal government relinquished its
responsibility in the $50 pass through program with the passage of
the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996; and
WHEREAS, The State of Illinois led the nation in electing to
continue the $50 pass through at a cost to the State of Illinois of
$8.9 million in FY99; and
WHEREAS, Federal law requires Illinois to send 50% of child
HOUSE OF REPRESENTATIVES 8047
support collected on behalf of families receiving TANF to the federal
government to compensate for Medicaid and other federal programs
provided to the families; and
WHEREAS, This policy restricts Illinois' ability to manage and
redistribute child support collections; and
WHEREAS, The federal government has provided to Wisconsin a
waiver with respect to Wisconsin's obligation to pay the federal
share of child support collections, allowing the state to pass
through 100% of child support collected on behalf of TANF recipients
to those recipients; and
WHEREAS, Maintaining State control of child support collections
would enable Illinois to pass through a greater amount of collections
to TANF recipients, thus aiding in the goal of moving families from
welfare to self-sufficiency; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge Congress to
revise the distribution of collected child support as required under
42 USC 657(a)(1) so as to remove disincentives placed on states that
wish to establish pass through programs; and be it further
RESOLVED, That a suitable copy of this resolution be delivered to
the Governor, members of the Illinois congressional delegation, the
Secretary of the Department of Human Services, and the Director of
the Department of Public Aid.
HOUSE JOINT RESOLUTION 32
Offered by Representative Garrett:
WHEREAS, About half the 10.3 million preschoolers whose mothers
work are cared for by family members. The working parents of the
other half of those preschoolers unfortunately cannot count on
relatives to help out. They must do their best to seek high-quality,
affordable, and accessible care, often with little support from
employers and typically with few options; and
WHEREAS, High-quality child care is in short supply. The shortage
is especially acute for before and after-school care and for care
outside traditional working hours. This gap in the availability of
child care will grow only wider as more parents seek and obtain
employment; and
WHEREAS, Children need safe, loving, stable environments where
they can learn and develop. Child-care centers and their staffs need
financial stability, strong and timely oversight by State licensers,
and support in providing nurturing environments for children to
learn. Action needs to be taken to put a new emphasis on the quality
of child care, expand the availability of child care, enlist the
business community as a partner in supporting child care, and provide
access to affordable child care for the working poor; and
WHEREAS, Illinois needs to develop a comprehensive child care
policy that recognizes the needs of working families and fosters
partnerships between parents, communities, schools, faith-based
organizations, employers, and government; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that the Joint Child Care Task Force shall be created, to be
composed of 12 voting members appointed by the Governor as follows: 3
members representing child care providers, 3 members representing
consumers of child care services, 3 members representing employers or
businesses, and 3 members representing the general public. A voting
member of the Task Force may not be an employee of the State of
Illinois. The voting members shall elect a chairperson from among
their number. The following or their designees shall serve as ex
officio, nonvoting members of the Task Force: the Secretary of Human
8048 JOURNAL OF THE [November 18, 1999]
Services, the Director of Children and Family Services, the Director
of Commerce and Community Affairs, the Director of Central Management
Services, the Executive Director of the Capital Development Board,
and the State Superintendent of Education. The Task Force shall also
have 4 nonvoting legislative members, appointed one each by the
President of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives, and the Minority Leader of
the House of Representatives. All members of the Task Force are
entitled to reimbursement for their reasonable expenses incurred in
performing their duties. The Department of Human Services shall
provide necessary staff support to the Task Force; and be it further
RESOLVED, That the Task Force shall examine ways to improve the
quality of child care, recognizing that research consistently shows
that a child's first years, between birth and age 3, are critical for
development. Child care workers need good training so that children
in their care master important learning and motor skills. Small
children also require stable environments to feel safe and develop,
but low salaries for child-care workers make it difficult to recruit
quality staff and often result in high staff turnover. To fully
develop, small children need to be surrounded by stimulating
materials that help them learn. Illinois has an important stake in
making certain that small children grow and get ready to learn--that
they receive quality care, not merely custodial care. In particular,
the Task Force shall investigate and make recommendations concerning
strategies to improve the quality of child care, including the
following:
(1) Expansion of early education programs to help more
at-risk children get off to a strong start in their school
careers--especially by expanding the State's pre-kindergarten
program to serve more young children identified as "at risk"; by
continuing recent pilot efforts to expand Head Start programs to
a full-day format better serving the children of working parents;
and by implementing quality early childhood education programs as
the crucial bridge to a successful school career.
(2) Investment of State moneys in promoting quality
environments in child-care centers--especially by continuing
funding for a valuable effort aimed at promoting staff training
and enriching the physical surroundings of child-care centers.
(3) Exploring new incentives to encourage qualified
child-care staff to stay in their jobs.
(4) Expansion of training and scholarships for child-care
workers through the T.E.A.C.H. Program, operated by the
Department of Human Services. The T.E.A.C.H. program aims at
improving care and reducing staff turnover by helping child-care
workers earn associate's degrees in early childhood education;
and be it further
RESOLVED, That the Task Force shall examine ways to expand the
availability of child care, recognizing that parents should have a
range of options for child care and that communities, not-for-profit
groups, faith-based organizations, schools, and businesses should
take a leading role in meeting these needs. In particular, the Task
Force shall investigate and make recommendations concerning
strategies to expand the availability of child care in Illinois,
including the following:
(1) Provision of high-quality child care that meets the
needs of working parents and their children, striking a proper
balance between providing safe, high-quality environments for
children and addressing the growing need for child care. This
could involve working with churches, neighborhood organizations,
community centers, schools, and home-based providers to expand
the availability of care, particularly before and after-school
HOUSE OF REPRESENTATIVES 8049
care and using a practical, yet progressive, approach allowing
not-for-profit groups and small caregivers to provide reasonable
care options to meet the growing needs within their communities.
(2) Promotion of a Child Care Partnership Project between
public and private groups to respond to the needs of working
families and to provide guidance, ideas, and funding to help
communities improve child care, focusing on increasing the
availability of affordable child care, finding ways to offer care
outside traditional work hours, and improving the quality of
care.
(3) Making certain that State licensing procedures squarely
support the need for safe, quality child care and never act as an
impediment to starting or maintaining a business--especially by
providing the resources to weed out unqualified care providers,
especially those with criminal records, while making certain that
legitimate businesses are licensed in an expedient fashion; and
by implementing high standards, consistent monitoring,
appropriate enforcement action, adequate resources, and
comprehensive information tracking.
(4) Promotion of the Illinois Network of Child Care
Resources and Referral Agencies--especially by funding this
network and working with the agencies to make this valuable
information more readily available to working parents; and be it
further
RESOLVED, That the Task Force shall examine ways to motivate
businesses to support child care by implementing "family-friendly"
workplaces that offer flex-time, job-sharing, or work-at-home
opportunities and family leave policies. In particular, the Task
Force shall investigate and make recommendations concerning
strategies to motivate businesses to support child care in Illinois,
including the following:
(1) Encouraging more companies to help pay for child care or
offer services on site, including by expanding the Illinois
Dependent Care Tax Credit and working with business groups to
determine ways of encouraging more companies to provide support
for employee child-care needs.
(2) Encouraging more businesses to recognize and accommodate
the needs of working families, including by showcasing employers
who have made family needs a priority by providing regional
business roundtables, giving other companies an opportunity to
learn about developing "family-friendly" workplaces.
(3) Making State government a model for "family-friendly"
work policies, including by offering "flex-time", job sharing,
and work-at-home opportunities to help employees meet the needs
of their families and by providing family leave policies to all
State employees and offering alternative work arrangements to
help families meet their responsibilities.
(4) Promoting the development of child care as a
small-business opportunity, especially for adults now on welfare,
by means including a State pilot effort to help TANF recipients
qualify to open licensed day care homes or to become day care
workers in existing facilities; and be it further
RESOLVED, That the Task Force shall investigate and make
recommendations concerning ways to provide access to child care for
the working poor, especially by continually evaluating State
subsidies for child care to make certain the rate is high enough to
provide working poor parents equal access to child care, recognizing
that access to quality child care is paramount for low-income parents
to continue holding jobs and move toward self-sufficiency; and be it
further
RESOLVED, That the Task Force shall report its findings and
8050 JOURNAL OF THE [November 18, 1999]
recommendations to the Governor and the General Assembly not later
than January 1, 2001; and be it further
RESOLVED, That a suitable copy of this resolution be forwarded to
the Governor.
HOUSE JOINT RESOLUTION 33
Offered by Representative Poe:
WHEREAS, Throughout history brave Americans have shed their blood
during wars and conflicts to preserve, protect, and defend the
foundation of the principles of democracy and freedom, and hundreds
of thousands have paid the ultimate sacrifice to ensure that future
generations enjoy life's liberties; and
WHEREAS, On August 7, 1782, General George Washington established
the Military Badge of Merit, which on February 22, 1932 became the
present and now the oldest military decoration in the world, the
Purple Heart medal; and
WHEREAS, The Purple Heart medal is awarded to all military
personnel who are killed or wounded in action against the enemy;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that Interstate 72, traversing through the heart of Illinois,
be designated as the commemorative "Purple Heart Memorial Highway",
to pay tribute to the many thousands of Illinois residents who have
been awarded the Purple Heart medal; and be it further
RESOLVED, That the Illinois Department of Transportation is
requested to erect at suitable locations, consistent with State and
federal regulations, an appropriate plaque or signs giving notice of
the name; and be it further
RESOLVED, That a suitable copy of this resolution be delivered to
the Secretary of Transportation.
HOUSE JOINT RESOLUTION 34
Offered by Representative Cross:
WHEREAS, The members of the General Assembly wish to honor
legendary Chicago Bear Walter Payton, who recently passed away, by
naming U.S. Route 34 the Walter Payton Memorial Highway; and
WHEREAS, U.S. Route 34 starts in the City of Chicago and runs
west across the State of Illinois, through such cities as Lyons,
Brookfield, LaGrange, Western Springs, Hindsdale, Westmont, Downers
Grove, Lisle, Naperville, Aurora, Oswego, Plano, Sandwich, Somonauk,
Mendota, Princeton, Wyanet, Kewanee, Galva, and Galesburg; and
WHEREAS, Walter Payton was a 1st round draft pick for the Chicago
Bears in 1975; the young college football star from Jackson State
would go on to set eight NFL records and 28 Bears team records in his
13 seasons with the team; and
WHEREAS, Known as "Sweetness" for his running style, Walter
Payton was selected to play in the Pro Bowl nine times, and was
inducted into the Pro Football Hall of Fame in 1993; he was a part of
the spectacular 1985 Bears season, which ended with a Super Bowl
victory; and
WHEREAS, Many of Walter Payton's records include: a record 16,726
yards rushing in his career; he had 110 rushing touchdowns in his
career, and 77 100-yard rushing games; in a game against the
Minnesota Vikings in 1977 he had a record 275 rushing yards; he
played 10 seasons with 1,000 or more rushing yards; he made 3,838
rushing attempts; he had four consecutive seasons leading the NFL in
rushing attempts; his career combined net yards totaled 21,803, and
HOUSE OF REPRESENTATIVES 8051
his combined net attempts in his career totaled 4,368; and
WHEREAS, On October 7, 1984 Walter Payton passed Jim Brown's
rushing record of 12,312 yards, setting up a celebration in Soldier
Field by his teammates and the fans in attendance; and
WHEREAS, Walter Payton retired from the Chicago Bears in 1987,
and the Chicago Bears honored him by retiring his jersey number, 34;
on November 1, 1999 Walter Payton passed away after a battle with
cancer and liver disease; he is survived by his wife, Connie; his
son, Jarrett; and his daughter, Brittney; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we wish to memorialize Chicago Bear great Walter Payton
by naming U.S. Route 34 the Walter Payton Memorial Highway in tribute
to this great athlete; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the U.S. Department of Transportation, the Illinois Department of
Transportation, the Chicago Bears organization, and to the family of
Walter Payton.
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 Moffitt, HOUSE BILL 2920 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:
118, 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.
RESOLUTIONS
Having been reported out of the Committee on Child Support
Enforcement on November 16, 1999, HOUSE RESOLUTION 462 was taken up
for consideration.
Representative Joseph Lyons moved the adoption of the resolution.
And on that motion, a vote was taken resulting as follows:
118, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
The motion prevailed and the Resolution was adopted.
ACTION ON VETO MOTIONS
Pursuant to the Motion submitted previously, Representative Ronen
moved to accept the Governor's Specific Recommendations for Change to
HOUSE BILL 721, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to House Bill 721 in manner and form as follows:
AMENDMENT TO HOUSE BILL 721
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 721 on page 1, by inserting between lines 20 and
8052 JOURNAL OF THE [November 18, 1999]
21 the following:
"(c) This Section does not grant a court-appointed guardian any
additional authority to consent to specific mental health services
than is permitted by the Mental Health and Developmental Disabilities
Code."
And on that motion, a vote was taken resulting as follows:
118, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
This motion, having received the votes of three-fifths of the
Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the Governor's Specific Recommendations for Change.
Pursuant to the Motion submitted previously, Representative Retiz
moved to accept the Governor's Specific Recommendations for Change to
HOUSE BILL 1366, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to House Bill 1366 in manner and form as follows:
AMENDMENT TO HOUSE BILL 1366
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 1366 on page 4, line 17, by replacing "or and"
with "and".
And on that motion, a vote was taken resulting as follows:
118, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
This motion, having received the votes of three-fifths of the
Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the Governor's Specific Recommendations for Change.
Pursuant to the Motion submitted previously, Representative
Fritchey moved to accept the Governor's Specific Recommendations for
Change to HOUSE BILL 526, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to House Bill 526 in manner and form as follows:
AMENDMENT TO HOUSE BILL 526
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 526 on page 4, line 4, by inserting:
"and employees of the Illinois Department of Corrections" after
"enforcement officers"; and
on page 4, by inserting between lines 6 and 7 the following:
"(d) The interception, recording, or transcription of an
electronic communication by an employee of the Illinois Department of
Corrections is not prohibited under this Act, provided that the
interception, recording, or transcription is:
(1) otherwise legally permissible under Illinois law;
(2) conducted with the approval of the Illinois Department
of Corrections for the purpose of investigating or enforcing a
State criminal law or a Department rule or regulation with
respect to persons committed to the Department; and
(3) within the scope of the employee's official duties.";
and
on page 4, by inserting after line 19 the following:
"Section 99. Effective date. This Act takes effect on January
1, 2000.".
And on that motion, a vote was taken resulting as follows:
118, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 6)
HOUSE OF REPRESENTATIVES 8053
This motion, having received the votes of three-fifths of the
Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the Governor's Specific Recommendations for Change.
CONCURRENCES AND NON-CONCURRENCES
IN SENATE AMENDMENT/S TO HOUSE BILLS
Senate Amendment No. 1 to HOUSE BILL 1628, having been printed,
was taken up for consideration.
Representative Madigan moved that the House concur with the
Senate in the adoption of Senate Amendment No. 1.
And on that motion, a vote was taken resulting as follows:
118, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 7)
The motion prevailed and the House concurred with the Senate in
the adoption of Senate Amendment No. 1 to HOUSE BILL 1628.
Ordered that the Clerk inform the Senate.
RESOLUTIONS
Having been reported out of the Committee on Rules earlier today,
HOUSE RESOLUTION 440 was taken up for consideration.
Representative Mautino moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
ACTION ON VETO MOTIONS
Pursuant to the Motion submitted previously, Representative
Woolard moved that HOUSE BILL 733 do pass, the Veto of the Governor
notwithstanding. A three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
99, Yeas; 19, Nays; 0, Answering Present.
(ROLL CALL 8)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the bill was declared passed, the veto
of the Governor notwithstanding.
Ordered that the Clerk inform the Senate and ask their
concurrence.
Pursuant to the Motion submitted previously, Representative Steve
Davis moved that HOUSE BILL 1723 do pass, the Veto of the Governor
notwithstanding. A three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
71, Yeas; 47, Nays; 0, Answering Present.
(ROLL CALL 9)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the bill was declared passed, the veto
of the Governor notwithstanding.
Ordered that the Clerk inform the Senate and ask their
concurrence.
Pursuant to the Motion submitted previously, Representative John
Turner moved that HOUSE BILL 492 do pass, the Veto of the Governor
notwithstanding. A three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
58, Yeas; 55, Nays; 5, Answering Present.
(ROLL CALL 10)
Having failed to receive the votes of three-fifths of the Members
8054 JOURNAL OF THE [November 18, 1999]
elected, the motion was declared lost.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Biggins, SENATE BILL 1144 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; 1, Answering Present.
(ROLL CALL 11)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RESOLUTIONS
HOUSE RESOLUTIONS 378, 379, 380, 381, 382, 383, 384, 385, 386,
387, 388, 389, 390, 391, 392, 393, 394, 396, 397, 399, 400, 401, 403,
404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432,
433, 434, 435, 436, 437, 438, 439, 441, 442, 443, 445, 447, 449, 450,
451, 452, 454, 455, 457, 458, 459, 461, 463, 464, 465, 468, 469, 470,
471, 472, 473, 475 and 477 were taken up for consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
HOUSE JOINT RESOLUTION 35 was taken up for consideration.
Representative Currie moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
Ordered that the Clerk inform the Senate and ask their
concurrence.
SENATE BILLS ON FIRST READING
Having been printed, the following bill was taken up, read by
title a first time and placed in the Committee on Rules: SENATE BILL
239.
At the hour of 1:02 o'clock p.m., Representative Currie moved
that the House do now adjourn.
The motion prevailed.
And in accordance therewith and pursuant to HOUSE JOINT
RESOLUTION 35, the House stood adjourned until Monday, November 29,
1999, at 12:00 o'clock noon.
HOUSE OF REPRESENTATIVES 8055
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
NOV 18, 1999
0 YEAS 0 NAYS 118 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P 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
8056 JOURNAL OF THE [November 18, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2920
PUBLIC AID-CHILD SUPPORT PAYMT
THIRD READING
PASSED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
HOUSE OF REPRESENTATIVES 8057
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE RESOLUTION 462
STATE DISBURSEMENT UNIT
ADOPTED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
8058 JOURNAL OF THE [November 18, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 721
HEALTH CARE SURROGATE
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
HOUSE OF REPRESENTATIVES 8059
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1366
MUNI CD-NEW MEMBER-JOINT
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
8060 JOURNAL OF THE [November 18, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 526
CRIM CD-EAVESDROPPNG DEFINITNS
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
HOUSE OF REPRESENTATIVES 8061
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1628
TOBACCO SETTLMNT-PROCEEDS-TECH
MOTION TO CONCUR IN SENATE AMENDMENT NO. 1
CONCURRED
NOV 18, 1999
118 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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
8062 JOURNAL OF THE [November 18, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 733
HOSPITAL COOPERATION ACT
OVERRIDE TOTAL VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
99 YEAS 19 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
N 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 N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE N WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
N 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 N LEITCH
HOUSE OF REPRESENTATIVES 8063
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1723
PUB LABOR RELATIONS-EMPLOYEE #
OVERRIDE TOTAL VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
71 YEAS 47 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y 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 N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL N PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
8064 JOURNAL OF THE [November 18, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 492
VETERANS-HEADSTONES-MEMORIALS
OVERRIDE TOTAL VETO
LOST
THREE-FIFTHS VOTE REQUIRED
NOV 18, 1999
58 YEAS 55 NAYS 5 PRESENT
N ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS N LOPEZ N RONEN
Y BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD
Y BELLOCK N GARRETT N LYONS,JOSEPH N RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
N BLACK N GIGLIO N MAUTINO Y SCHMITZ
N BOLAND Y GILES N McAULIFFE Y SCHOENBERG
Y BOST N GRANBERG N McCARTHY N SCOTT
N BRADLEY Y HAMOS N McGUIRE N SCULLY
Y BRADY N HANNIG N McKEON N SHARP
Y BROSNAHAN Y HARRIS N MEYER N SILVA
Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT N SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON N HOLBROOK P MORROW N STEPHENS
Y COWLISHAW P HOWARD Y MULLIGAN P STROGER
Y CROSS Y HULTGREN N MURPHY Y TENHOUSE
N CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
N CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
N DART Y JONES,SHIRLEY Y OSMOND N WINTERS
P DAVIS,MONIQUE P KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE N WOJCIK
N DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
N ERWIN N LANG Y PUGH N ZICKUS
N FEIGENHOLTZ N LAWFER Y REITZ N MR. SPEAKER
N FLOWERS N LEITCH
HOUSE OF REPRESENTATIVES 8065
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1144
PROP TX-CORP ED PROP EXEMPT
THIRD READING
PASSED
NOV 18, 1999
117 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 P MR. SPEAKER
Y FLOWERS Y LEITCH
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