STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
92nd LEGISLATIVE DAY
WEDNESDAY, FEBRUARY 9, 2000
12:00 O'CLOCK NOON
NO. 91
[February 9, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 92nd Legislative Day Action Page(s) Adjournment........................................ 78 Balanced Budget Note Supplied...................... 6 Change of Sponsorship.............................. 10 Committee on Rules Reassignments................... 5 Committee on Rules Referrals....................... 4 Fiscal Note Supplied............................... 6 Fiscal Notes Requested............................. 5 Home Rule Note Requested........................... 6 Introduction and First Reading - HB4704............ 10 Judicial Note Requested............................ 6 Quorum Roll Call................................... 4 State Debt Impact Note Supplied.................... 6 State Mandate Note Requested....................... 6 Bill Number Legislative Action Page(s) HB 0709 Second Reading - Amendment/s....................... 25 HB 1137 Committee Report................................... 4 HB 1137 Refuse to Concur in Senate Amendment/s............. 77 HB 1544 Committee Report-Floor Amendment/s................. 4 HB 1776 Committee Report................................... 4 HB 2880 Committee Report................................... 6 HB 2915 Second Reading - Amendment/s....................... 22 HB 2958 Second Reading - Amendment/s....................... 21 HB 2962 Committee Report................................... 7 HB 2993 Committee Report................................... 9 HB 3007 Committee Report................................... 8 HB 3027 Committee Report-Floor Amendment/s................. 4 HB 3030 Motion............................................. 18 HB 3030 Motion Submitted................................... 5 HB 3032 Second Reading - Amendment/s....................... 19 HB 3114 Third Reading...................................... 10 HB 3119 Committee Report-Floor Amendment/s................. 4 HB 3119 Second Reading - Amendment/s....................... 19 HB 3138 Third Reading...................................... 11 HB 3176 Third Reading...................................... 12 HB 3201 Third Reading...................................... 12 HB 3236 Second Reading - Amendment/s....................... 12 HB 3260 Third Reading...................................... 17 HB 3288 Committee Report................................... 7 HB 3293 Committee Report................................... 6 HB 3312 Third Reading...................................... 18 HB 3398 Committee Report................................... 9 HB 3398 Second Reading..................................... 12 HB 3406 Committee Report................................... 7 HB 3424 Third Reading...................................... 18 HB 3426 Committee Report................................... 9 HB 3464 Committee Report................................... 7 HB 3476 Second Reading..................................... 12 HB 3548 Second Reading - Amendment/s....................... 18 HB 3840 Committee Report................................... 7 HB 3854 Committee Report................................... 7 HB 3901 Committee Report................................... 6 HB 3944 Committee Report................................... 9 HB 3944 Second Reading..................................... 12 HB 3988 Committee Report................................... 6 HB 3988 Second Reading - Amendment/s....................... 37
3 [February 9, 2000] Bill Number Legislative Action Page(s) HB 4021 Committee Report................................... 9 HB 4144 Committee Report................................... 8 HJR 0049 Resolution......................................... 11
[February 9, 2000] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Tony Troup with the Immanuel Lutheran Church in Waterloo, Illinois. Representative Eileen Lyons 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) REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1544. Amendment No. 2 to HOUSE BILL 3027. Amendment No. 1 to HOUSE BILL 3119. That the bill be reported "approved for consideration" and be placed on the order of Second Reading--Short Debate: HOUSE BILL 1776. That the bill be reported "approved for consideration" and placed on the Calendar on the order of Concurrence: HOUSE BILL 1137. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse A Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture & Conservation: HOUSE BILL 2970; HOUSE JOINT RESOLUTION 47. Committee on Child Support Enforcement: HOUSE BILLS 3202, 4155 and 4611. Committee on Elections & Campaign Reform: HOUSE BILLS 2374 and 4650. Committee on Elementary & Secondary Education: HOUSE BILLS 4029 and 4325. Committee on Environment & Energy: HOUSE BILL 4481. Committee on Executive: HOUSE BILLS 3868 and 4165. Committee on Higher Education: HOUSE BILL 4265. Committee on Human Services: HOUSE BILLS 4048, 4369 and 4478. Committee on Insurance: HOUSE BILLS 4433 and 4472. Committee on Judiciary I-Civil Law: HOUSE BILLS 3112, 3239, 4341 and 4483. Committee on Judiciary II-Criminal Law: HOUSE BILLS 2888, 3221, 3929, 4045, 4072, 4097, 4148, 4267, 4330, 4593, 4626 and 4697. Committee on Labor & Commerce: HOUSE BILLS 3903, 4344, 4618 and 4651. Committee on Local Government: HOUSE BILL 3225. Committee on Personnel & Pensions: HOUSE BILL 4347. Committee on Registration & Regulation: HOUSE BILL 2896; House Amendments 3, 4 and 5 to SENATE BILL 452. Committee on Revenue: HOUSE BILLS 3120, 3947 and 4431. Senate Amendment 1 to HOUSE BILL 665. Committee on State Government Administration: HOUSE BILLS 4324 and 4655;
5 [February 9, 2000] Committee on Transportation & Motor Vehicles: HOUSE BILLS 3859, 3951 and 4480. Committee on Veterans' Affairs: HOUSE BILLS 4340 and 4450; HOUSE JOINT RESOLUTION 38. Special Committee on Electric Utility Deregulation: HOUSE BILL 4628. Committee on Agriculture & Conservation: HOUSE BILL 2932. Committee on Appropriations-Elementary & Secondary Education: HOUSE BILLS 3281, 3282, 3987, 4028, 4397, 4562, 4563, 4564, 4565 and 4566. Committee on Appropriations-General Services & Government Oversight: HOUSE BILL 4525. Committee on Consumer Protection & Product Regulation: HOUSE BILL 4271. Committee on Elections & Campaign Reform: HOUSE BILL 4632. Committee on Elementary & Secondary Education: HOUSE BILLS 2954, 4030 and 4181. Committee on Environment & Energy: HOUSE BILLS 4466 and 4482. Committee on Financial Institutions: HOUSE BILL 4086. Committee on Higher Education: HOUSE BILL 4161. Committee on Human Services: HOUSE BILLS 4019 and 4693. Committee on Judiciary I-Civil Law: HOUSE BILLS 2997, 4300, 4608 and 4698. Committee on Judiciary II-Criminal Law: HOUSE BILLS 3933, 4277 and 4279. Committee on Local Government: HOUSE BILL 4349. Committee on State Government Administration: HOUSE BILLS 3535, 3544, 4320 and 4609. Special Committee on Mental Health & Patient Abuse: HOUSE BILL 4396. COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled HOUSE BILL 4176 from the Committee on Insurance and reassigned it to the Committee on Health Care Availability & Access. Representative Currie, from the Committee on Rules, recalled HOUSE BILL 4336 from the Committee on Higher Education and reassigned it to the Committee on Children & Youth. Representative Currie, from the Committee on Rules, recalled HOUSE BILL 4348 from the Committee on Children & Youth and reassigned it to the Committee on Judiciary I-Civil Law. MOTIONS SUBMITTED Representative Osmond submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 60(b), I move to table HOUSE BILL 3030. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 2958, as amended and 3205, as amended. Representative Lang requested that a Fiscal Note be supplied for HOUSE BILL 3854, as amended. Representative Erwin requested that a Fiscal Note be supplied for HOUSE BILL 709, as amended.
[February 9, 2000] 6 FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for HOUSE BILL 3053. REQUEST FOR STATE MANDATE NOTE Representative Black requested that a State Mandate Note be supplied for HOUSE BILL 2958, as amended. Representative Lang requested that a State Mandate Note be supplied for HOUSE BILL 3854, as amended. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 2958, as amended. REQUEST FOR JUDICIAL NOTE Representative Black requested that a Judicial Note be supplied for HOUSE BILL 1459. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for HOUSE BILL 2924. BALANCED BUDGET NOTE SUPPLIED A Balanced Budget Note has been supplied for HOUSE BILL 2924. REPORTS FROM STANDING COMMITTEES Representative Steve Davis, Chairperson, from the Committee on Constitutional Officers to which the following were referred, action taken on February 8, 2000, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3293 and 3988. That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2880, and 3901. The committee roll call vote on HOUSE BILL 3988 is as follows: 7, Yeas; 0, Nays; 4, Answering Present. Y Davis, Steve, Chair P Kosel P Beaubien, Spkpn P Lyons, Eileen Y Crotty, V-Chair Y McGuire Y Curry, Julie P Osmond Y Holbrook Y Rutherford (Bill Mitchell) Y Scott The committee roll call vote on HOUSE BILLS 2880, 3293, and 3901 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Kosel Y Beaubien, Spkpn Y Lyons, Eileen Y Crotty, V-Chair Y McGuire Y Curry, Julie Y Osmond Y Holbrook Y Rutherford Y Scott
7 [February 9, 2000] Representative Larry Woolard, Chairperson, from the Committee on Elementary & Secondary to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3406, 3464 and 3840. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2962 and 3288. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 3854. The committee roll call vote on HOUSE BILL 2962 is as follows: 18, Yeas; 0, Nays; 4, Answering Present. Y Woolard, Chair P Johnson, Tom P Bassi Y Jones, John P Cowlishaw, Spkpn Y Krause Y Crotty P Mitchell, Jerry Y Curry, Julie Y Moffitt Y Davis, Monique, V-Chair Y Mulligan Y Delgado Y Murphy Y Fowler Y O'Brien A Garrett Y Persico Y Giles Y Scully Y Hoeft Y Smith, Michael Y Winkel (Schmitz) The committee roll call vote on HOUSE BILL 3288 is as follows: 23, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom Y Bassi Y Jones, John Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie Y Moffitt (Righter) Y Davis, Monique, V-Chair Y Mulligan Y Delgado Y Murphy Y Fowler Y O'Brien Y Garrett Y Persico Y Giles Y Scully Y Hoeft Y Smith, Michael Y Winkel (Schmitz) The committee roll call vote on HOUSE BILL 3854 is as follows: 12, Yeas; 6, Nays; 2, Answering Present. Y Woolard, Chair Y Johnson, Tom P Bassi P Jones, John Y Cowlishaw, Spkpn N Krause N Crotty Y Mitchell, Jerry Y Curry, Julie Y Moffitt (Righter) A Davis, Monique, V-Chair N Mulligan N Delgado A Murphy Y Fowler Y O'Brien A Garrett N Persico Y Giles N Scully Y Hoeft Y Smith, Michael Y Winkel (Schmitz) The committee roll call vote on HOUSE BILL 3406 is as follows: 16, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom A Bassi Y Jones, John Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry A Curry, Julie Y Moffitt
[February 9, 2000] 8 Y Davis, Monique, V-Chair A Mulligan Y Delgado A Murphy Y Fowler Y O'Brien Y Garrett A Persico A Giles A Scully Y Hoeft Y Smith, Michael Y Winkel (Schmitz) The committee roll call vote on HOUSE BILL 3464 is as follows: 15, Yeas; 4, Nays; 1, Answering Present. Y Woolard, Chair N Johnson, Tom N Bassi Y Jones, John Y Cowlishaw, Spkpn P Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie Y Moffitt (Righter) A Davis, Monique, V-Chair Y Mulligan Y Delgado A Murphy Y Fowler Y O'Brien A Garrett N Persico Y Giles Y Scully Y Hoeft Y Smith, Michael N Winkel (Schmitz) The committee roll call vote on HOUSE BILL 3840 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom Y Bassi Y Jones, John Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie Y Moffitt Y Davis, Monique, V-Chair A Mulligan Y Delgado A Murphy Y Fowler Y O'Brien Y Garrett Y Persico A Giles A Scully Y Hoeft Y Smith, Michael Y Winkel (Schmitz) Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4144. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 3007. The committee roll call vote on HOUSE BILL 3007 is as follows: 8, Yeas; 4, Nays; 2, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo N Hassert A Beaubien (Ryder) Y Jones, Lou N Biggins Y Lopez Y Bradley P Pankau Y Bugielski P Poe, Spkpn Y Capparelli N Rutherford N Tenhouse The committee roll call vote on HOUSE BILL 4144 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo Y Hassert Y Beaubien (Ryder) Y Jones, Lou
9 [February 9, 2000] Y Biggins Y Lopez Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn Y Capparelli Y Rutherford Y Tenhouse Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3398 and 4021. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3426. The committee roll call vote on HOUSE BILL 3426 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock Y Myers, Richard Y Coulson Y Pugh Y Flowers Y Schoenberg, V-Chair Y Howard Y Sharp Y Kenner Y Winters Y Wirsing The committee roll call vote on HOUSE BILLS 3398 and 4021 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock Y Myers, Richard Y Coulson Y Pugh Y Flowers Y Schoenberg, V-Chair Y Howard Y Sharp Y Kenner Y Winters Y Wirsing Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3944. The committee roll call vote on HOUSE BILL 2944 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Lang Y Brosnahan Y Mathias Y Hamos Y Meyer Y Hoffman Y Scott, V-Chair Y Klingler Y Turner, John, Spkpn Y Wait Representative McGuire, Chairperson, from the Committee on Tobacco Settlement Proceeds Distribution to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 2993. The committee roll call vote on HOUSE BILL 2993 is as follows: 24, Yeas; 0, Nays; 3, Answering Present. Y Fritchey, Chair A Krause Y Beaubien Y Mitchell, Bill, Spkpn
[February 9, 2000] 10 Y Bellock Y Moore, Andrea Y Biggins A Mulligan Y Boland Y Myers, Richard A Bost Y Novak A Coulson Y O'Connor A Davis, Monique Y Osterman Y Durkin P Pankau Y Feigenholtz, V-Chair P Pugh Y Flowers Y Righter Y Garrett Y Schoenberg Y Gash P Scott Y Giles Y Skinner Y Hamos Y Slone Y Hoffman Y Zickus CHANGE OF SPONSORSHIP Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Boland asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4632. Representative Lou Jones asked and obtained unanimous consent to be removed as chief sponsor and Representative Ryder asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4347. Representative Burke asked and obtained unanimous consent to be removed as chief sponsor and Representative Flowers asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 487. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Woolard asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2954. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative McCarthy asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2997. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Reitz asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3544. Representative Flowers asked and obtained unanimous consent to be removed as chief sponsor and Representative Sharp asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4019. Representative Moore asked and obtained unanimous consent to be removed as chief sponsor and Representative Osmond asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4482. Representative Franks asked and obtained unanimous consent to be removed as chief sponsor and Representative Hannig asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4030. INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 4704. Introduced by Representative Moffitt, a bill for AN ACT concerning fire protection districts. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative McAuliffe, HOUSE BILL 3114 was taken up and read by title a third time.
11 [February 9, 2000] And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 88, Yeas; 29, 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. On motion of Representative Persico, HOUSE BILL 3138 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 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTION The following resolution was offered by Representatives Daniels - Madigan - Moore - Osmond - Beaubien:: HOUSE JOINT RESOLUTION 49 WHEREAS, Bob Collins grew up in Florida, attended the University of Florida, and started his job at WGN radio in Chicago in 1974; and WHEREAS, Bob Collins quickly became one of America's premiere radio personalities who entertained an d informed millions of listeners around the Midwest with his sense of humor and good-natured common sense, and, with deep affection was known to the public as "Uncle Bobby" due to his good and kind-he arted nature, and WHEREAS, he was never afraid to poke fun at himself or at those who took themselves too seriously; a nd WHEREAS, Bob Collins allowed thousands of common, everyday people to express themselves freely, seek and give advice, and try to make the world a better place to live through his program on WGN Radio; and WHEREAS, his presence in our homes every morning was a gentle and welcomed respite from life's daily challenges; and WHEREAS, Bob Collins had many elected officials who were his friends, and although he was a strong c onservative, his friendships included both Republicans and Democrats; and WHEREAS, Bob Collins was fortunate to be married since June of 1986 to Christine Collins, a native o f Elmhurst, Illinois, who was his constant companion and usually accompanied him on his many adventu res and quests; and WHEREAS, Bob Collins' love of life, Christine, and his career was evident and helped to make him a j oyful and welcomed part to the nation's broadcasting scene; and WHEREAS, Bob Collins was an unabashed believer in the good that is within all of us. And while he tr aveled extensively, he loved America, loved Illinois, loved Chicago, and felt his job at WGN was the best one in the world, and; WHEREAS, Bob Collins loved life, fast cars, fast planes and his beloved Harley Davidson motorcycles, and WHEREAS, he was renown for his generosity of time, effort and spirit in countless charitable causes, he often quietly and without fanfare helped friends and colleagues behind the scene simply because he was a man of enormous loyalty and generosity; and WHEREAS, Bob Collins' death will be mourned by millions throughout the nation; RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLIN OIS, that we mourn, along with all that knew and loved him, the death of Bob Collins as a celebrity, as a man, as a broadcaster, as a husband, as an enthusiast for life,
[February 9, 2000] 12 and as an American; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Bob Collins, along w ith our sincere regards. Representative Daniels asked and obtained unanimous consent to suspend the provisions of Rule 16(a) for the immediate consideration of the foregoing HOUSE JOINT RESOLUTION 49. Representative Daniels then moved the adoption of the resolution. The motion prevailed and HOUSE JOINT RESOLUTION 49 was adopted. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative McGuire, HOUSE BILL 3176 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 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Mulligan, HOUSE BILL 3201 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: 76, Yeas; 42, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 3398, 3476 and 3944. HOUSE BILL 3236. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Mental Health & Patient Abuse, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3236 AMENDMENT NO. 1. Amend House Bill 3236 by replacing everything after the enacting clause with the following: "Section 5. The Unified Code of Corrections is amended by changing Section 5-2-4 as follows: (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) Sec. 5-2-4. Proceedings after Acquittal by Reason of Insanity. (a) After a finding or verdict of not guilty by reason of insanity under Sections 104-25, 115-3 or 115-4 of The Code of Criminal Procedure of 1963, the defendant shall be ordered to the Department of Human Services for an evaluation as to whether he is subject to involuntary admission or in need of mental health services. The order shall specify whether the evaluation shall be conducted on an inpatient or
13 [February 9, 2000] outpatient basis. If the evaluation is to be conducted on an inpatient basis, the defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. After the evaluation and during the period of time required to determine the appropriate placement, the defendant shall remain in jail. Upon completion of the placement process the sheriff shall be notified and shall transport the defendant to the designated facility. The Department shall provide the Court with a report of its evaluation within 30 days of the date of this order. The Court shall hold a hearing as provided under the Mental Health and Developmental Disabilities Code to determine if the individual is: (a) subject to involuntary admission; (b) in need of mental health services on an inpatient basis; (c) in need of mental health services on an outpatient basis; (d) a person not in need of mental health services. The Court shall enter its findings. If the defendant is found to be subject to involuntary admission or in need of mental health services on an inpatient care basis, the Court shall order the defendant to the Department of Human Services. The defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. Such defendants placed in a secure setting shall not be permitted outside the facility's housing unit unless escorted or accompanied by personnel of the Department of Human Services or with the prior approval of the Court for unsupervised on-grounds privileges as provided herein. Any defendant placed in a secure setting pursuant to this Section, transported to court hearings or other necessary appointments off facility grounds by personnel of the Department of Human Services, may be placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. These security measures shall not constitute restraint as defined in the Mental Health and Developmental Disabilities Code. If the defendant is found to be in need of mental health services, but not on an inpatient care basis, the Court shall conditionally release the defendant, under such conditions as set forth in this Section as will reasonably assure the defendant's satisfactory progress in treatment or rehabilitation and the safety of the defendant or others. If the Court finds the person not in need of mental health services, then the Court shall order the defendant discharged from custody. (1) Definitions: For the purposes of this Section: (A) "Subject to involuntary admission" means: a defendant has been found not guilty by reason of insanity; and (i) who is mentally ill and who because of his mental illness is reasonably expected to inflict serious physical harm upon himself or another in the near future; or (ii) who is mentally ill and who because of his illness is unable to provide for his basic physical needs so as to guard himself from serious harm. (B) "In need of mental health services on an inpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission but who is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care. (C) "In need of mental health services on an outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission or in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy. (D) "Conditional Release" means: the release from either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which
[February 9, 2000] 14 reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, periodic checks with the legal authorities and/or the Department of Human Services. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decide that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section.
15 [February 9, 2000] privileges, with or without escort by personnel of the Department of Human Services, unsupervised on-grounds privileges, discharge or conditional or temporary release, except by a plan as provided in this Section. In no event shall a defendant's continued unauthorized absence be a basis for discharge. Not more than 30 days after admission and every 60 days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan report with the court and forward a copy of the treatment plan report to the clerk of the court, the State's Attorney, and the defendant's attorney, if the defendant is represented by counsel, or to a person authorized by the defendant under the Mental Health and Developmental Disabilities Confidentiality Act to be sent a copy of the report. The report shall include an opinion as to whether the defendant is currently subject to involuntary admission, in need of mental health services on an inpatient basis, or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the following items from the treatment plan: (1) an assessment of the defendant's treatment needs, (2) a description of the services recommended for treatment, (3) the goals of each type of element of service, (4) an anticipated timetable for the accomplishment of the goals, and (5) a designation of the qualified professional responsible for the implementation of the plan. The report may also include unsupervised on-grounds privileges, off-grounds privileges (with or without escort by personnel of the Department of Human Services), home visits and participation in work programs, but only where such privileges have been approved by specific court order, which order may include such conditions on the defendant as the Court may deem appropriate and necessary to reasonably assure the defendant's satisfactory progress in treatment and the safety of the defendant and others. (c) Every defendant acquitted of a felony by reason of insanity and subsequently found to be subject to involuntary admission or in need of mental health services shall be represented by counsel in all proceedings under this Section and under the Mental Health and Developmental Disabilities Code. (1) The Court shall appoint as counsel the public defender or an attorney licensed by this State. (2) Upon filing with the Court of a verified statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose. (d) When the facility director determines that: (1) the defendant is no longer subject to involuntary admission or in need of mental health services on an inpatient basis; and (2) the defendant may be conditionally released because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or (3) the defendant no longer requires placement in a secure setting; the facility director shall give written notice to the Court, State's Attorney and defense attorney. Such notice shall set forth in detail the basis for the recommendation of the facility director, and specify clearly the recommendations, if any, of the facility director, concerning conditional release. Any recommendation for conditional release shall include an evaluation of the defendant's need for psychotropic medication, what provisions should be made, if any, to insure that the defendant will continue to receive psychotropic medication following discharge and what provisions should be made to assure the safety of the defendant and others in the event the defendant is no longer receiving psychotropic medication. Within 30 days of the notification by the facility director, the Court shall set
[February 9, 2000] 16 a hearing and make a finding as to whether the defendant is: (i) subject to involuntary admission; or (ii) in need of mental health services in the form of inpatient care; or (iii) in need of mental health services but not subject to involuntary admission or inpatient care; or (iv) no longer in need of mental health services; or (v) no longer requires placement in a secure setting. Upon finding by the Court, the Court shall enter its findings and such appropriate order as provided in subsection (a) of this Section. (e) A defendant admitted pursuant to this Section, or any person on his behalf, may file a petition for treatment plan review, transfer to a non-secure setting within the Department of Human Services or discharge or conditional release under the standards of this Section in the Court which rendered the verdict. Upon receipt of a petition for treatment plan review, transfer to a non-secure setting or discharge or conditional release, the Court shall set a hearing to be held within 120 days. Thereafter, no new petition may be filed for 120 days without leave of the Court. (f) The Court shall direct that notice of the time and place of the hearing be served upon the defendant, the facility director, the State's Attorney, and the defendant's attorney. If requested by either the State or the defense or if the Court feels it is appropriate, an impartial examination of the defendant by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services shall be ordered, and the report considered at the time of the hearing. (g) The findings of the Court shall be established by clear and convincing evidence. The burden of proof and the burden of going forth with the evidence rest with the State when a hearing is held to review the determination of the facility director that the defendant should be transferred to a non-secure setting, discharged or conditionally released. The burden of proof and the burden of going forth with the evidence rest on the defendant when a hearing is held to review a petition filed by or on behalf of such defendant. The evidence shall be presented in open Court with the right of confrontation and cross-examination. (h) Before the court orders that the defendant be discharged or conditionally released, it shall order the facility director to establish a discharge plan that includes a plan for the defendant's shelter, support, and medication. If appropriate, the court shall order that the facility director establish a program to train the defendant in self-medication under standards established by the Department of Human Services. If the Court finds that the defendant is no longer in need of mental health services it shall order the facility director to discharge the defendant. If the Court finds that the defendant is in need of mental health services, and no longer in need of inpatient care, it shall order the facility director to release the defendant under such conditions as the Court deems appropriate and as provided by this Section. Such conditional release shall be imposed for a period of five years and shall be subject to later modification by the Court as provided by this Section. If the Court finds that the defendant is subject to involuntary admission or in need of mental health services on an inpatient basis, it shall order the facility director not to discharge or release the defendant in accordance with paragraph (b) of this Section. (i) If within the period of the defendant's conditional release, the State's Attorney determines that the defendant has not fulfilled the conditions of his or her release, the State's Attorney may petition the Court to revoke or modify the conditional release of the defendant. Upon the filing of such petition the defendant may be remanded to the custody of the Department, or to any other mental health facility designated by the Department, pending the resolution of the petition. Nothing in this Section shall prevent the emergency admission of a defendant pursuant to Article VI of Chapter III of the Mental Health
17 [February 9, 2000] and Developmental Disabilities Code or the voluntary admission of the defendant pursuant to Article IV of Chapter III of the Mental Health and Developmental Disabilities Code. If the the Court determines, after hearing evidence, that the defendant has not fulfilled the conditions of release, the Court shall order a hearing to be held consistent with the provisions of paragraph (f) and (g) of this Section. At such hearing, if the Court finds that the defendant is subject to involuntary admission or in need of mental health services on an inpatient basis, it shall enter an order remanding him or her to the Department of Human Services or other facility. If the defendant is remanded to the Department of Human Services, he or she shall be placed in a secure setting unless the Court determines that there are compelling reasons that such placement is not necessary. If the Court finds that the defendant continues to be in need of mental health services but not on an inpatient basis, it may modify the conditions of the original release in order to reasonably assure the defendant's satisfactory progress in treatment and his or her safety and the safety of others in accordance with the standards established in paragraph (1) (D) of subsection (a).
[February 9, 2000] 18 the affirmative by the following vote: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Stephens, HOUSE BILL 3312 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Osmond asked and obtained unanimous consent to table HOUSE BILL 3030. 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 Krause, HOUSE BILL 3424 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 3, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 3548. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Mental Health & Patient Abuse, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3548 AMENDMENT NO. 1. Amend House Bill 3548 as follows: on page 3, line 16, by deleting "currently"; and on page 38, after line 29, by inserting the following: "(405 ILCS 5/1-114.2 rep.) (405 ILCS 5/1-114.3 rep.) (405 ILCS 5/1-114.4 rep.) (405 ILCS 5/1-114.5 rep.) (405 ILCS 5/3-601.1 rep.) Section 11. The Mental Health and Developmental Disabilities Code is amended by repealing Sections 1-114.2, 1-114.3, 1-114.4, 1-114.5, and 3-601.1.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the
19 [February 9, 2000] order of Third Reading. HOUSE BILL 3119. Having been recalled on February 8, 2000, and held on the order of Second Reading, the same was again taken up. Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3119 AMENDMENT NO. 1. Amend House Bill 3119 on page 1, line 12 by inserting after "life." the following: ""Day old bread" does not include items or products that were previously sold or served.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3032. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3032 AMENDMENT NO. 1. Amend House Bill 3032 by replacing everything after the enacting clause with the following: "Section 0.01. Short title. This Act may be cited as the Midwest Interstate Passenger Rail Compact Act. Section 1. Midwest Interstate Passenger Rail Compact. The Midwest Interstate Passenger Rail Compact is hereby enacted into law and entered into by this State as a party with any other state or states legally joining therein in the form substantially as follows: ARTICLE I. STATEMENT OF PURPOSE The purposes of this compact are, through joint or cooperative action: (A) to promote the development and implementation of improvements to intercity passenger rail service in the Midwest; (B) to coordinate interaction among Midwestern state elected officials and their designees on passenger rail issues; (C) to promote development and implementation of long-range plans for high speed rail passenger service in the Midwest and among other regions of the United States; (D) to work with the public and private sectors at the federal, State, and local levels to ensure coordination among the various entities having an interest in passenger rail service and to promote Midwestern interests regarding passenger rail; and (E) to support efforts of transportation agencies involved in developing and implementing passenger service in the Midwest. ARTICLE II. ESTABLISHMENT OF COMMISSION To further the purposes of the compact, a Commission is created to carry out the duties specified in this compact. ARTICLE III. COMMISSION MEMBERSHIP The manner of appointment of Commission members, terms of office consistent with the terms of this compact, provisions for removal and suspension, and manner of appointment to fill vacancies shall be determined by each party state pursuant to its laws, but each Commissioner shall be a resident of the state of appointment. Commission members shall serve without compensation from the Commission. The Commission shall consist of 4 resident members of each state as
[February 9, 2000] 20 follows: the Governor or the Governor's designee who shall serve during the tenure of office of the Governor, or until a successor is named; one member of the private sector who shall be appointed by the Governor and shall serve during the tenure of office of the Governor, or until a successor is named; and 2 legislators, one from each legislative chamber (or 2 legislators from any unicameral legislature), who shall serve two-year terms, or until successors are appointed, and who shall be appointed by the appropriate appointing authority in each legislative chamber. All vacancies shall be filled in accordance with the laws of the appointing states. Any Commissioner appointed to fill a vacancy shall serve until the end of the incomplete term. Each member state shall have equal voting privileges, as determined by Commission bylaws. ARTICLE IV. POWERS AND DUTIES OF THE COMMISSION The duties of the Commission are to: (1) advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region; (2) identify and seek to develop ways that states can form partnerships, including with rail industry and labor, to implement improved passenger rail in the region; (3) seek development of a long-term, interstate plan for high speed rail passenger service implementation; (4) cooperate with other agencies, regions, and entities to ensure that the Midwest is adequately represented and integrated into national plans for passenger rail development; (5) adopt bylaws governing the activities and procedures of the Commission and addressing, among other subjects: the powers and duties of officers; the voting rights of Commission members, voting procedures, Commission business, and any other purposes necessary to fulfill the duties of the Commission; and (6) report on the activities of the Commission to the legislatures and governor of the member states on an annual basis. In addition to its exercise of these duties, the Commission is empowered to: (1) provide multistate advocacy necessary to implement passenger rail systems or plans; (2) work with local elected officials, economic development planning organizations, and similar entities to raise the visibility of passenger rail service benefits and needs; (3) educate other state officials, federal agencies, other elected officials, and the public on the advantages of passenger rail as an integral part of an intermodal transportation system in the region; (4) work with federal agency officials and members of Congress to ensure the funding and authorization necessary to develop a long-term, interstate plan for high speed rail passenger service implementation; and (5) establish committees. ARTICLE V. OFFICERS The Commission shall annually elect from among its members a chair, a vice-chair who shall not be a resident of the state represented by the chair, and others as approved in the Commission bylaws. The officers shall perform such functions and exercise such powers as are specified in the Commission bylaws. ARTICLE VI. MEETINGS AND COMMISSION ADMINISTRATION The Commission shall meet at least once in each calendar year, and at such other times as may be determined by the Commission. Commission business shall be conducted in accordance with the procedures and voting rights specified in the bylaws. ARTICLE VII. ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS The States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin are eligible to join this compact. Upon approval of the Commission according to its bylaws, other states may also be declared eligible to join the compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into
21 [February 9, 2000] law; provided that it shall not become initially effective until enacted into law by any 3 party states incorporating the provisions of this compact into the laws of such states. Amendments to the compact shall become effective upon their enactment by the legislatures of all compacting states. ARTICLE VIII. WITHDRAWAL Withdrawal from this compact shall be by enactment of a statute repealing the same and shall take effect one year after the effective date of such statue. A withdrawing state shall be liable for any obligations which it may have incurred prior to the effective date of withdrawal. ARTICLE IX. CONSTRUCTION AND SEVERABILITY The provisions of this compact entered into hereunder shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected hereby. If this compact entered into hereunder shall be held contrary to the constitution of any compacting state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2958. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2958 AMENDMENT NO. 1. Amend House Bill 2958 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Department of Transportation Law is amended by adding Section 2705-580 as follows: (20 ILCS 2705/2705-580 new) Sec. 2705-580. Signs limiting use of vehicle engine compression brakes. (a) The Department shall adopt rules establishing the required content and placement of signs alerting motorists to the limitation in Section 11-1429 of the Illinois Vehicle Code against the use of vehicle engine compression brakes in residential areas of any municipality or county that has adopted an ordinance under Section 11-1429 of the Illinois Vehicle Code. (b) The Department shall install the necessary signs at the request of any municipality or county that has adopted the ordinance noted in subsection (a). [c) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. Section 10. The Illinois Vehicle Code is amended by adding Section 11-1429 as follows: (625 ILCS 5/11-1429 new) Sec. 11-1429. Use of vehicle engine compression brakes in residential areas. (a) No driver shall use or operate any vehicle engine compression brake in a residential area of any municipality or county that has adopted an ordinance under this Section, unless the vehicle engine compression brake is applied in an emergency and is necessary for the
[February 9, 2000] 22 protection of persons or property. (b) As used in this Section, "residential area" means any area within 300 yards of at least 3 single or multifamily residential structures. (c) Appropriate signs shall be placed in accordance with standards prescribed by the Department under Section 11-301 of this Code in any municipality or county that by ordinance has adopted the terms of this Section. (d) Any municipality or county that by ordinance adopts the terms of this Section shall notify the Department to install the necessary signs under Section 2705-580 of the Department of Transportation Law. The municipality or county shall reimburse the Department for the cost of those signs. (e) Subsection (a) of this Section does not apply to any authorized emergency vehicle as defined in Chapter 1 of this Code.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2915. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2915 AMENDMENT NO. 1. Amend House Bill 2915 by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by changing Section 8.3 as follows: (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) Sec. 8.3. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code, except the cost of administration of Articles I and II of Chapter 3 of that Code; and secondly -- for expenses of the Department of Transportation for construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways in accordance with the provisions of laws relating thereto, or for any purpose related or incident to and connected therewith, including the separation of grades of those highways with railroads and with highways and including the payment of awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway right-of-way or for investigations to determine the reasonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in the construction and maintenance of flight strips and of highways necessary to provide access to military and naval reservations, to defense industries and defense-industry sites, and to the sources of raw materials and for replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites, or for the purchase of right-of-way, except that the State shall be reimbursed in full for any expense incurred in building
23 [February 9, 2000] the flight strips; or for the operating and maintaining of highway garages; or for patrolling and policing the public highways and conserving the peace; or for any of those purposes or any other purpose that may be provided by law. Appropriations for any of those purposes are payable from the Road Fund. Appropriations may also be made from the Road Fund for the administrative expenses of any State agency that are related to motor vehicles or arise from the use of motor vehicles. Beginning with fiscal year 1980 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement; 1. Department of Public Health; 2. Department of Transportation, only with respect to subsidies for one-half fare Student Transportation and Reduced Fare for Elderly; 3. Department of Central Management Services, except for expenditures incurred for group insurance premiums of appropriate personnel; 4. Judicial Systems and Agencies. Beginning with fiscal year 1981 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except for expenditures with respect to the Division of State Troopers; 2. Department of Transportation, only with respect to Intercity Rail Subsidies and Rail Freight Services. Beginning with fiscal year 1982 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: Department of Central Management Services, except for awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except not more than 40% of the funds appropriated for the Division of State Troopers; 2. State Officers. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to any Department or agency of State government for administration, grants, or operations except as provided hereafter; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement. It shall not be lawful to circumvent the above appropriation limitations by governmental reorganization or other methods. Appropriations shall be made from the Road Fund only in accordance with the provisions of this Section. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging during each fiscal year the principal and interest on that bonded indebtedness as it becomes due and payable as provided in the Transportation Bond Act, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2
[February 9, 2000] 24 through 10 of the Illinois Vehicle Code; and secondly -- no Road Fund monies derived from fees, excises, or license taxes relating to registration, operation and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of administering the laws imposing those fees, excises, and license taxes, statutory refunds and adjustments allowed thereunder, administrative costs of the Department of Transportation, payment of debts and liabilities incurred in construction and reconstruction of public highways and bridges, acquisition of rights-of-way for and the cost of construction, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and supervision of the State, political subdivision, or municipality collecting those monies, and the costs for patrolling and policing the public highways (by State, political subdivision, or municipality collecting that money) for enforcement of traffic laws. The separation of grades of such highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall also be permissible. Appropriations for any of such purposes are payable from the Road Fund or the Grade Crossing Protection Fund as provided in Section 8 of the Motor Fuel Tax Law. Beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of its total fiscal year 1990 Road Fund appropriations for those purposes unless otherwise provided in Section 5g of this Act. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods unless otherwise provided in Section 5g of this Act. In fiscal year 1994, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1991 Road Fund appropriations to the Secretary of State for those purposes, plus $9,800,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other method. Beginning with fiscal year 1995 and thereafter, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1994 Road Fund appropriations to the Secretary of State for those purposes. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. In fiscal years 2000 and 2001
25 [February 9, 2000] those entities for those purposes shall, instead, be made from the General Revenue Fund. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. Nothing in this paragraph prohibits appropriations from the Road Fund to the Department of State Police for the purposes of the highway patrol budget only. (Source: P.A. 91-37, eff. 7-1-99.) Section 99. Effective date. This Act takes effect July 1, 2000.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 709. Having been recalled on November 17, 1999, and held on the order of Second Reading, the same was again taken up. Representative Mulligan offered and withdrew Amendment No. 1. Representative Cowlishaw offered and withdrew Amendment No. 2. Representative Mulligan offered and withdrew Amendment No. 3. Representative Cowlishaw offered and withdrew Amendment No. 4. Representative Fritchey offered and withdrew Amendment No. 5. Representative Cowlishaw offered the following amendment and moved its adoption: AMENDMENT NO. 6 TO HOUSE BILL 709 AMENDMENT NO. 6. Amend House Bill 709, AS AMENDED, by replacing everything before the enacting clause with the following: "AN ACT to amend the Illinois Public Aid Code by changing Sections 5-5 and 6-1. WHEREAS, There has been entered in the Circuit Court of Cook County, in the case of Doe v. Wright, case no. 91 CH 1958, an order (i) finding that Sections 5-5 and 6-1 of the Illinois Public Aid Code violate the Illinois Constitution, (ii) enjoining the Department of Public Aid from enforcing those Sections insofar as they deny reimbursement for an abortion necessary to protect a woman's health although not necessary to preserve her life, and (iii) ordering the Department to provide reimbursement through the State's medical assistance programs for abortions necessary to protect a woman's health; and WHEREAS, The General Assembly desires to re-express its intent that State moneys not be used to provide reimbursement for abortions unless necessary to preserve the woman's life and that the Department of Public Aid enforce Sections 5-5 and 6-1 of the Illinois Public Aid Code in all cases; therefore"; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing Sections 5-5 and 6-1 as follows: (305 ILCS 5/5-5) (from Ch. 23, par. 5-5) Sec. 5-5. Medical services. The Illinois Department, by rule, shall determine the quantity and quality of and the rate of reimbursement for the medical assistance for which payment will be authorized, and the medical services to be provided, which may include all or part of the following: (1) inpatient hospital services; (2) outpatient hospital services; (3) other laboratory and X-ray services; (4) skilled nursing home services; (5) physicians' services whether furnished in the office, the patient's home, a hospital, a skilled nursing home, or elsewhere; (6) medical care, or any other type of remedial care furnished by licensed practitioners; (7) home health care services; (8) private duty nursing service; (9) clinic services; (10)
[February 9, 2000] 26 dental services; (11) physical therapy and related services; (12) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select; (13) other diagnostic, screening, preventive, and rehabilitative services; (14) transportation and such other expenses as may be necessary; (15) medical treatment of sexual assault survivors, as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act, for injuries sustained as a result of the sexual assault, including examinations and laboratory tests to discover evidence which may be used in criminal proceedings arising from the sexual assault; (16) the diagnosis and treatment of sickle cell anemia; and (17) any other medical care, and any other type of remedial care recognized under the laws of this State, but not including abortions, or induced miscarriages or premature births, unless, in the opinion of a physician, such procedures are necessary for the preservation of the life of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child; State funds may also be used to pay for abortions to terminate a pregnancy resulting from an act of criminal sexual assault, as defined in Section 12-13 of the Criminal Code of 1961, an act of aggravated criminal sexual assault, as defined in Section 12-14 of the Criminal Code of 1961, or an act of sexual relations within families, as defined in Section 11-11 of the Criminal Code of 1961, but only to the extent that payment for such abortions is required by federal law as determined by a court of competent jurisdiction
27 [February 9, 2000] as a preventative tool. As used in this Section, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, image receptor, and cassettes, with an average radiation exposure delivery of less than one rad mid-breast, with 2 views for each breast. Any medical or health care provider shall immediately recommend, to any pregnant woman who is being provided prenatal services and is suspected of drug abuse or is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act, referral to a local substance abuse treatment provider licensed by the Department of Human Services or to a licensed hospital which provides substance abuse treatment services. The Department of Public Aid shall assure coverage for the cost of treatment of the drug abuse or addiction for pregnant recipients in accordance with the Illinois Medicaid Program in conjunction with the Department of Human Services. All medical providers providing medical assistance to pregnant women under this Code shall receive information from the Department on the availability of services under the Drug Free Families with a Future or any comparable program providing case management services for addicted women, including information on appropriate referrals for other social services that may be needed by addicted women in addition to treatment for addiction. The Illinois Department, in cooperation with the Departments of Human Services (as successor to the Department of Alcoholism and Substance Abuse) and Public Health, through a public awareness campaign, may provide information concerning treatment for alcoholism and drug abuse and addiction, prenatal health care, and other pertinent programs directed at reducing the number of drug-affected infants born to recipients of medical assistance. Neither the Illinois Department of Public Aid nor the Department of Human Services shall sanction the recipient solely on the basis of her substance abuse. The Illinois Department shall establish such regulations governing the dispensing of health services under this Article as it shall deem appropriate. In formulating these regulations the Illinois Department shall consult with and give substantial weight to the recommendations offered by the Citizens Assembly/Council on Public Aid. The Department should seek the advice of formal professional advisory committees appointed by the Director of the Illinois Department for the purpose of providing regular advice on policy and administrative matters, information dissemination and educational activities for medical and health care providers, and consistency in procedures to the Illinois Department. The Illinois Department may develop and contract with Partnerships of medical providers to arrange medical services for persons eligible under Section 5-2 of this Code. Implementation of this Section may be by demonstration projects in certain geographic areas. The Partnership shall be represented by a sponsor organization. The Department, by rule, shall develop qualifications for sponsors of Partnerships. Nothing in this Section shall be construed to require that the sponsor organization be a medical organization. The sponsor must negotiate formal written contracts with medical providers for physician services, inpatient and outpatient hospital care, home health services, treatment for alcoholism and substance abuse, and other services determined necessary by the Illinois Department by rule for delivery by Partnerships. Physician services must include prenatal and obstetrical care. The Illinois Department shall reimburse medical services delivered by Partnership providers to clients in target areas according to provisions of this Article and the Illinois Health Finance Reform Act, except that: (1) Physicians participating in a Partnership and providing certain services, which shall be determined by the Illinois Department, to persons in areas covered by the Partnership may receive an additional surcharge for such services. (2) The Department may elect to consider and negotiate
[February 9, 2000] 28 financial incentives to encourage the development of Partnerships and the efficient delivery of medical care. (3) Persons receiving medical services through Partnerships may receive medical and case management services above the level usually offered through the medical assistance program. Medical providers shall be required to meet certain qualifications to participate in Partnerships to ensure the delivery of high quality medical services. These qualifications shall be determined by rule of the Illinois Department and may be higher than qualifications for participation in the medical assistance program. Partnership sponsors may prescribe reasonable additional qualifications for participation by medical providers, only with the prior written approval of the Illinois Department. Nothing in this Section shall limit the free choice of practitioners, hospitals, and other providers of medical services by clients. In order to ensure patient freedom of choice, the Illinois Department shall immediately promulgate all rules and take all other necessary actions so that provided services may be accessed from therapeutically certified optometrists to the full extent of the Illinois Optometric Practice Act of 1987 without discriminating between service providers. The Department shall apply for a waiver from the United States Health Care Financing Administration to allow for the implementation of Partnerships under this Section. The Illinois Department shall require health care providers to maintain records that document the medical care and services provided to recipients of Medical Assistance under this Article. The Illinois Department shall require health care providers to make available, when authorized by the patient, in writing, the medical records in a timely fashion to other health care providers who are treating or serving persons eligible for Medical Assistance under this Article. All dispensers of medical services shall be required to maintain and retain business and professional records sufficient to fully and accurately document the nature, scope, details and receipt of the health care provided to persons eligible for medical assistance under this Code, in accordance with regulations promulgated by the Illinois Department. The rules and regulations shall require that proof of the receipt of prescription drugs, dentures, prosthetic devices and eyeglasses by eligible persons under this Section accompany each claim for reimbursement submitted by the dispenser of such medical services. No such claims for reimbursement shall be approved for payment by the Illinois Department without such proof of receipt, unless the Illinois Department shall have put into effect and shall be operating a system of post-payment audit and review which shall, on a sampling basis, be deemed adequate by the Illinois Department to assure that such drugs, dentures, prosthetic devices and eyeglasses for which payment is being made are actually being received by eligible recipients. Within 90 days after the effective date of this amendatory Act of 1984, the Illinois Department shall establish a current list of acquisition costs for all prosthetic devices and any other items recognized as medical equipment and supplies reimbursable under this Article and shall update such list on a quarterly basis, except that the acquisition costs of all prescription drugs shall be updated no less frequently than every 30 days as required by Section 5-5.12. The rules and regulations of the Illinois Department shall require that a written statement including the required opinion of a physician shall accompany any claim for reimbursement for abortions, or induced miscarriages or premature births. This statement shall indicate what procedures were used in providing such medical services. The Illinois Department shall require that all dispensers of medical services, other than an individual practitioner or group of practitioners, desiring to participate in the Medical Assistance program established under this Article to disclose all financial, beneficial, ownership, equity, surety or other interests in any and all firms, corporations, partnerships, associations, business enterprises, joint ventures, agencies, institutions or other legal entities
29 [February 9, 2000] providing any form of health care services in this State under this Article. The Illinois Department may require that all dispensers of medical services desiring to participate in the medical assistance program established under this Article disclose, under such terms and conditions as the Illinois Department may by rule establish, all inquiries from clients and attorneys regarding medical bills paid by the Illinois Department, which inquiries could indicate potential existence of claims or liens for the Illinois Department. The Illinois Department shall establish policies, procedures, standards and criteria by rule for the acquisition, repair and replacement of orthotic and prosthetic devices and durable medical equipment. Such rules shall provide, but not be limited to, the following services: (1) immediate repair or replacement of such devices by recipients without medical authorization; and (2) rental, lease, purchase or lease-purchase of durable medical equipment in a cost-effective manner, taking into consideration the recipient's medical prognosis, the extent of the recipient's needs, and the requirements and costs for maintaining such equipment. Such rules shall enable a recipient to temporarily acquire and use alternative or substitute devices or equipment pending repairs or replacements of any device or equipment previously authorized for such recipient by the Department. Rules under clause (2) above shall not provide for purchase or lease-purchase of durable medical equipment or supplies used for the purpose of oxygen delivery and respiratory care. The Department shall execute, relative to the nursing home prescreening project, written inter-agency agreements with the Department of Human Services and the Department on Aging, to effect the following: (i) intake procedures and common eligibility criteria for those persons who are receiving non-institutional services; and (ii) the establishment and development of non-institutional services in areas of the State where they are not currently available or are undeveloped. The Illinois Department shall develop and operate, in cooperation with other State Departments and agencies and in compliance with applicable federal laws and regulations, appropriate and effective systems of health care evaluation and programs for monitoring of utilization of health care services and facilities, as it affects persons eligible for medical assistance under this Code. The Illinois Department shall report regularly the results of the operation of such systems and programs to the Citizens Assembly/Council on Public Aid to enable the Committee to ensure, from time to time, that these programs are effective and meaningful. The Illinois Department shall report annually to the General Assembly, no later than the second Friday in April of 1979 and each year thereafter, in regard to: (a) actual statistics and trends in utilization of medical services by public aid recipients; (b) actual statistics and trends in the provision of the various medical services by medical vendors; (c) current rate structures and proposed changes in those rate structures for the various medical vendors; and (d) efforts at utilization review and control by the Illinois Department. The period covered by each report shall be the 3 years ending on the June 30 prior to the report. The report shall include suggested legislation for consideration by the General Assembly. The filing of one copy of the report with the Speaker, one copy with the Minority Leader and one copy with the Clerk of the House of Representatives, one copy with the President, one copy with the Minority Leader and one copy with the Secretary of the Senate, one copy with the Legislative Research Unit, such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act and one copy with the Citizens Assembly/Council on Public Aid or its successor shall be deemed sufficient to comply with this Section.
[February 9, 2000] 30 (Source: P.A. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344, eff. 1-1-00; 91-462, eff. 8-6-99; revised 10-15-99.) (305 ILCS 5/6-1) (from Ch. 23, par. 6-1) Sec. 6-1. Eligibility requirements. Financial aid in meeting basic maintenance requirements shall be given under this Article to or in behalf of persons who meet the eligibility conditions of Sections 6-1.1 through 6-1.10. In addition, each unit of local government subject to this Article shall provide persons receiving financial aid in meeting basic maintenance requirements with financial aid for either (a) necessary treatment, care, and supplies required because of illness or disability, or (b) acute medical treatment, care, and supplies only. If a local governmental unit elects to provide financial aid for acute medical treatment, care, and supplies only, the general types of acute medical treatment, care, and supplies for which financial aid is provided shall be specified in the general assistance rules of the local governmental unit, which rules shall provide that financial aid is provided, at a minimum, for acute medical treatment, care, or supplies necessitated by a medical condition for which prior approval or authorization of medical treatment, care, or supplies is not required by the general assistance rules of the Illinois Department. Nothing in this Article shall be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion, induced miscarriage or induced premature birth unless, in the opinion of a physician, such procedures are necessary for the preservation of the life of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child; State funds may also be used to pay for abortions to terminate a pregnancy resulting from an act of criminal sexual assault, as defined in Section 12-13 of the Criminal Code of 1961, an act of aggravated criminal sexual assault, as defined in Section 12-14 of the Criminal Code of 1961, or an act of sexual relations within families, as defined in Section 11-11 of the Criminal Code of 1961, but only to the extent that payment for such abortions is required by federal law as determined by a court of competent jurisdiction.
31 [February 9, 2000] may enter into contracts with entities to establish work or training related projects under the program established for persons determined to be able to engage in employment. (Source: P.A. 89-646, eff. 1-1-97.) Section 90. Severability. If any provision, word, phrase or clause of this amendatory Act of the 91st General Assembly or its application to any person or circumstance is held invalid, the invalidity does not affect the provisions, words, phrases, clauses or application of this amendatory Act of the 91st General Assembly which can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this amendatory Act of the 91st General Assembly are declared to be severable. Section 99. Effective date. This Act takes effect July 1, 2000.". The motion prevailed and the amendment was adopted and ordered printed. Representative Mulligan offered the following amendment and moved its adoption: AMENDMENT NO. 7 TO HOUSE BILL 709 AMENDMENT NO. 7. Amend House Bill 709, AS AMENDED, by replacing everything above the enacting clause with the following: "AN ACT to amend the Illinois Public Aid Code by changing Sections 5-5 and 6-1. WHEREAS, There has been entered in the Circuit Court of Cook County, in the case of Doe v. Wright, case no. 91 CH 1958, an order (i) finding that Sections 5-5 and 6-1 of the Illinois Public Aid Code violate the Illinois Constitution, (ii) enjoining the Department of Public Aid from enforcing those Sections insofar as they deny reimbursement for an abortion necessary to protect a woman's health although not necessary to preserve her life, and (iii) ordering the Department to provide reimbursement through the State's medical assistance programs for abortions necessary to protect a woman's health; and WHEREAS, The General Assembly desires to re-express its intent that State moneys not be used to provide reimbursement for abortions unless necessary to preserve the woman's life and that the Department of Public Aid enforce Sections 5-5 and 6-1 of the Illinois Public Aid Code in all cases; therefore"; and by replacing everything below the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing Sections 5-5 and 6-1 as follows: (305 ILCS 5/5-5) (from Ch. 23, par. 5-5) Sec. 5-5. Medical services. The Illinois Department, by rule, shall determine the quantity and quality of and the rate of reimbursement for the medical assistance for which payment will be authorized, and the medical services to be provided, which may include all or part of the following: (1) inpatient hospital services; (2) outpatient hospital services; (3) other laboratory and X-ray services; (4) skilled nursing home services; (5) physicians' services whether furnished in the office, the patient's home, a hospital, a skilled nursing home, or elsewhere; (6) medical care, or any other type of remedial care furnished by licensed practitioners; (7) home health care services; (8) private duty nursing service; (9) clinic services; (10) dental services; (11) physical therapy and related services; (12) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select; (13) other diagnostic, screening, preventive, and rehabilitative services; (14) transportation and such other expenses as may be necessary; (15) medical treatment of sexual assault survivors, as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act, for injuries sustained as a
[February 9, 2000] 32 result of the sexual assault, including examinations and laboratory tests to discover evidence which may be used in criminal proceedings arising from the sexual assault; (16) the diagnosis and treatment of sickle cell anemia; and (17) any other medical care, and any other type of remedial care recognized under the laws of this State, but not including abortions, or induced miscarriages or premature births, unless, in the opinion of a physician, such procedures are necessary for the preservation of the life or health of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child; State funds may also be used to pay for abortions to terminate a pregnancy resulting from an act of criminal sexual assault, as defined in Section 12-13 of the Criminal Code of 1961, an act of aggravated criminal sexual assault, as defined in Section 12-14 of the Criminal Code of 1961, or an act of sexual relations within families, as defined in Section 11-11 of the Criminal Code of 1961, but only to the extent that payment for such abortions is required by federal law as determined by a court of competent jurisdiction
33 [February 9, 2000] suspected of drug abuse or is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act, referral to a local substance abuse treatment provider licensed by the Department of Human Services or to a licensed hospital which provides substance abuse treatment services. The Department of Public Aid shall assure coverage for the cost of treatment of the drug abuse or addiction for pregnant recipients in accordance with the Illinois Medicaid Program in conjunction with the Department of Human Services. All medical providers providing medical assistance to pregnant women under this Code shall receive information from the Department on the availability of services under the Drug Free Families with a Future or any comparable program providing case management services for addicted women, including information on appropriate referrals for other social services that may be needed by addicted women in addition to treatment for addiction. The Illinois Department, in cooperation with the Departments of Human Services (as successor to the Department of Alcoholism and Substance Abuse) and Public Health, through a public awareness campaign, may provide information concerning treatment for alcoholism and drug abuse and addiction, prenatal health care, and other pertinent programs directed at reducing the number of drug-affected infants born to recipients of medical assistance. Neither the Illinois Department of Public Aid nor the Department of Human Services shall sanction the recipient solely on the basis of her substance abuse. The Illinois Department shall establish such regulations governing the dispensing of health services under this Article as it shall deem appropriate. In formulating these regulations the Illinois Department shall consult with and give substantial weight to the recommendations offered by the Citizens Assembly/Council on Public Aid. The Department should seek the advice of formal professional advisory committees appointed by the Director of the Illinois Department for the purpose of providing regular advice on policy and administrative matters, information dissemination and educational activities for medical and health care providers, and consistency in procedures to the Illinois Department. The Illinois Department may develop and contract with Partnerships of medical providers to arrange medical services for persons eligible under Section 5-2 of this Code. Implementation of this Section may be by demonstration projects in certain geographic areas. The Partnership shall be represented by a sponsor organization. The Department, by rule, shall develop qualifications for sponsors of Partnerships. Nothing in this Section shall be construed to require that the sponsor organization be a medical organization. The sponsor must negotiate formal written contracts with medical providers for physician services, inpatient and outpatient hospital care, home health services, treatment for alcoholism and substance abuse, and other services determined necessary by the Illinois Department by rule for delivery by Partnerships. Physician services must include prenatal and obstetrical care. The Illinois Department shall reimburse medical services delivered by Partnership providers to clients in target areas according to provisions of this Article and the Illinois Health Finance Reform Act, except that: (1) Physicians participating in a Partnership and providing certain services, which shall be determined by the Illinois Department, to persons in areas covered by the Partnership may receive an additional surcharge for such services. (2) The Department may elect to consider and negotiate financial incentives to encourage the development of Partnerships and the efficient delivery of medical care. (3) Persons receiving medical services through Partnerships may receive medical and case management services above the level usually offered through the medical assistance program. Medical providers shall be required to meet certain qualifications to participate in Partnerships to ensure the delivery of high quality medical services. These qualifications shall be determined by rule of
[February 9, 2000] 34 the Illinois Department and may be higher than qualifications for participation in the medical assistance program. Partnership sponsors may prescribe reasonable additional qualifications for participation by medical providers, only with the prior written approval of the Illinois Department. Nothing in this Section shall limit the free choice of practitioners, hospitals, and other providers of medical services by clients. In order to ensure patient freedom of choice, the Illinois Department shall immediately promulgate all rules and take all other necessary actions so that provided services may be accessed from therapeutically certified optometrists to the full extent of the Illinois Optometric Practice Act of 1987 without discriminating between service providers. The Department shall apply for a waiver from the United States Health Care Financing Administration to allow for the implementation of Partnerships under this Section. The Illinois Department shall require health care providers to maintain records that document the medical care and services provided to recipients of Medical Assistance under this Article. The Illinois Department shall require health care providers to make available, when authorized by the patient, in writing, the medical records in a timely fashion to other health care providers who are treating or serving persons eligible for Medical Assistance under this Article. All dispensers of medical services shall be required to maintain and retain business and professional records sufficient to fully and accurately document the nature, scope, details and receipt of the health care provided to persons eligible for medical assistance under this Code, in accordance with regulations promulgated by the Illinois Department. The rules and regulations shall require that proof of the receipt of prescription drugs, dentures, prosthetic devices and eyeglasses by eligible persons under this Section accompany each claim for reimbursement submitted by the dispenser of such medical services. No such claims for reimbursement shall be approved for payment by the Illinois Department without such proof of receipt, unless the Illinois Department shall have put into effect and shall be operating a system of post-payment audit and review which shall, on a sampling basis, be deemed adequate by the Illinois Department to assure that such drugs, dentures, prosthetic devices and eyeglasses for which payment is being made are actually being received by eligible recipients. Within 90 days after the effective date of this amendatory Act of 1984, the Illinois Department shall establish a current list of acquisition costs for all prosthetic devices and any other items recognized as medical equipment and supplies reimbursable under this Article and shall update such list on a quarterly basis, except that the acquisition costs of all prescription drugs shall be updated no less frequently than every 30 days as required by Section 5-5.12. The rules and regulations of the Illinois Department shall require that a written statement including the required opinion of a physician shall accompany any claim for reimbursement for abortions, or induced miscarriages or premature births. This statement shall indicate what procedures were used in providing such medical services. The Illinois Department shall require that all dispensers of medical services, other than an individual practitioner or group of practitioners, desiring to participate in the Medical Assistance program established under this Article to disclose all financial, beneficial, ownership, equity, surety or other interests in any and all firms, corporations, partnerships, associations, business enterprises, joint ventures, agencies, institutions or other legal entities providing any form of health care services in this State under this Article. The Illinois Department may require that all dispensers of medical services desiring to participate in the medical assistance program established under this Article disclose, under such terms and conditions as the Illinois Department may by rule establish, all inquiries from clients and attorneys regarding medical bills paid by the Illinois Department, which inquiries could indicate potential
35 [February 9, 2000] existence of claims or liens for the Illinois Department. The Illinois Department shall establish policies, procedures, standards and criteria by rule for the acquisition, repair and replacement of orthotic and prosthetic devices and durable medical equipment. Such rules shall provide, but not be limited to, the following services: (1) immediate repair or replacement of such devices by recipients without medical authorization; and (2) rental, lease, purchase or lease-purchase of durable medical equipment in a cost-effective manner, taking into consideration the recipient's medical prognosis, the extent of the recipient's needs, and the requirements and costs for maintaining such equipment. Such rules shall enable a recipient to temporarily acquire and use alternative or substitute devices or equipment pending repairs or replacements of any device or equipment previously authorized for such recipient by the Department. Rules under clause (2) above shall not provide for purchase or lease-purchase of durable medical equipment or supplies used for the purpose of oxygen delivery and respiratory care. The Department shall execute, relative to the nursing home prescreening project, written inter-agency agreements with the Department of Human Services and the Department on Aging, to effect the following: (i) intake procedures and common eligibility criteria for those persons who are receiving non-institutional services; and (ii) the establishment and development of non-institutional services in areas of the State where they are not currently available or are undeveloped. The Illinois Department shall develop and operate, in cooperation with other State Departments and agencies and in compliance with applicable federal laws and regulations, appropriate and effective systems of health care evaluation and programs for monitoring of utilization of health care services and facilities, as it affects persons eligible for medical assistance under this Code. The Illinois Department shall report regularly the results of the operation of such systems and programs to the Citizens Assembly/Council on Public Aid to enable the Committee to ensure, from time to time, that these programs are effective and meaningful. The Illinois Department shall report annually to the General Assembly, no later than the second Friday in April of 1979 and each year thereafter, in regard to: (a) actual statistics and trends in utilization of medical services by public aid recipients; (b) actual statistics and trends in the provision of the various medical services by medical vendors; (c) current rate structures and proposed changes in those rate structures for the various medical vendors; and (d) efforts at utilization review and control by the Illinois Department. The period covered by each report shall be the 3 years ending on the June 30 prior to the report. The report shall include suggested legislation for consideration by the General Assembly. The filing of one copy of the report with the Speaker, one copy with the Minority Leader and one copy with the Clerk of the House of Representatives, one copy with the President, one copy with the Minority Leader and one copy with the Secretary of the Senate, one copy with the Legislative Research Unit, such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act and one copy with the Citizens Assembly/Council on Public Aid or its successor shall be deemed sufficient to comply with this Section. (Source: P.A. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344, eff. 1-1-00; 91-462, eff. 8-6-99; revised 10-15-99.) (305 ILCS 5/6-1) (from Ch. 23, par. 6-1) Sec. 6-1. Eligibility requirements. Financial aid in meeting basic maintenance requirements shall be given under this Article to or in behalf of persons who meet the eligibility conditions of Sections 6-1.1 through 6-1.10. In addition, each unit of local government subject to this Article shall provide persons receiving financial aid in meeting
[February 9, 2000] 36 basic maintenance requirements with financial aid for either (a) necessary treatment, care, and supplies required because of illness or disability, or (b) acute medical treatment, care, and supplies only. If a local governmental unit elects to provide financial aid for acute medical treatment, care, and supplies only, the general types of acute medical treatment, care, and supplies for which financial aid is provided shall be specified in the general assistance rules of the local governmental unit, which rules shall provide that financial aid is provided, at a minimum, for acute medical treatment, care, or supplies necessitated by a medical condition for which prior approval or authorization of medical treatment, care, or supplies is not required by the general assistance rules of the Illinois Department. Nothing in this Article shall be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion, induced miscarriage or induced premature birth unless, in the opinion of a physician, such procedures are necessary for the preservation of the life or health of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child; State funds may also be used to pay for abortions to terminate a pregnancy resulting from an act of criminal sexual assault, as defined in Section 12-13 of the Criminal Code of 1961, an act of aggravated criminal sexual assault, as defined in Section 12-14 of the Criminal Code of 1961, or an act of sexual relations within families, as defined in Section 11-11 of the Criminal Code of 1961, but only to the extent that payment for such abortions is required by federal law as determined by a court of competent jurisdiction.
37 [February 9, 2000] application of this amendatory Act of the 91st General Assembly which can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this amendatory Act of the 91st General Assembly are declared to be severable. Section 99. Effective date. This Act takes effect upon becoming law.". And on that motion, a vote was taken resulting as follows: 52, Yeas; 65, Nays; 1, Answering Present. (ROLL CALL 9) And the motion on the adoption of the amendment was lost. Representative Skinner moved that the Fiscal Note Act does not apply. And on that motion, a vote was taken resulting as follows: 60, Yeas; 57, Nays; 0, Answering Present. (ROLL CALL 10) The motion prevailed. There being no further amendments, the foregoing Amendment No. 6 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3988. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Constitutional Officers, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3988 AMENDMENT NO. 1. Amend House Bill 3988 by replacing everything after the enacting clause with the following: "Section 5. The State Comptroller Act is amended by adding Sections 22.3 and 22.4 as follows: (15 ILCS 405/22.3 new) Sec. 22.3. Cemetery Preservation Advisory Board. The Comptroller shall appoint a 5-member Cemetery Preservation Advisory Board. The Board shall serve in an advisory capacity to the Comptroller for the purpose of recommending the distribution of funds from the Cemetery Preservation Fund. Members of the Board shall serve a term as determined by the Comptroller. Members shall serve without compensation but may be reimbursed for their reasonable expenses incurred in the performance of their duties. (15 ILCS 405/22.4 new) Sec. 22.4. Cemetery Preservation Fund. (a) The Cemetery Preservation Fund is created as a special fund in the State Treasury. (b) Beginning on January 1, 2001, all fees and penalties for the payment of registration, licensure, annual reporting, and penalties paid to the State Comptroller pursuant to Sections 8, 9, and 12 of the Cemetery Care Act shall be deposited into the Cemetery Preservation Fund. The Comptroller may accept monetary gifts or grants from any nongovernmental source for deposit into the Cemetery Preservation Fund. (c) The State Comptroller shall determine payments from the Cemetery Preservation Fund. All payments from the Cemetery Preservation Fund shall be used by the Comptroller to clean up or restore abandoned and neglected cemeteries in Illinois including grants to units of local governments, school districts, and not-for-profit associations. (d) Grant payments provided for the cleanup of cemeteries owned by units of municipal, county, or township government shall not exceed 50% of the projected cost to clean up the cemetery. The Comptroller may
[February 9, 2000] 38 adopt rules and regulations in administering this subsection. (e) Expenditures from the Cemetery Preservation Fund are subject to appropriation. Section 10. The State Finance Act is amended by adding Section 5.541 as follows: (30 ILCS 105/5.541 new) Sec. 5.541. The Cemetery Preservation Fund. Section 15. The Grave and Cemetery Restoration Act is amended by changing Section 1 as follows: (55 ILCS 70/1) (from Ch. 21, par. 61) Sec. 1. Care by county. (a) The county board of any county may appropriate funds from the county treasury to be used for the purpose of putting any old, neglected graves and cemeteries in the county in a cleaner and more respectable condition. (b) A county that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall a county enter an abandoned cemetery under this subsection if the owner of the property or the legally responsible cemetery authority provides written notification to the county, prior to the county's entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the county authorization to enter the property. In making a cemetery orderly under this Section, the county may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. (c) For the purposes of this Section: "Abandoned cemetery" means an area of land containing more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority can be found and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months. "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to a county's entry and cleanup of cemetery grounds. The notice shall provide (1) notice of the county's intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the county upon written notice to the county; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris. (Source: P.A. 86-696.) Section 20. The Township Code is amended by changing Section 130-5 as follows: (60 ILCS 1/130-5) Sec. 130-5. Cemeteries; permitted activities. (a) A township may establish and maintain cemeteries within and without its territory, may acquire lands for cemeteries by condemnation or otherwise, may lay out lots of convenient size for families, and may sell lots for a family burying ground or to individuals for burial purposes. Associations duly incorporated under the laws of this State for cemetery purposes shall have the same power and authority to purchase lands and sell lots for burial purposes as are conferred upon townships under this Article. (b) A township that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall a township enter an abandoned cemetery under this subsection if the owner of the property or the
39 [February 9, 2000] legally responsible cemetery authority provides written notification to the township, prior to the township's entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the township authorization to enter the property. In making a cemetery orderly under this Section, the township may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. (c) In this Section: "Abandoned cemetery" means an area of land containing "more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority can be found and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months. "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to a township's entry and cleanup of cemetery grounds. The notice shall provide (1) notice of the township's intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the township upon written notice to the township; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris. (Source: Laws 1963, p. 824; P.A. 88-62.) Section 25. The Illinois Municipal Code is amended by changing Section 11-49-1 as follows: (65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1) Sec. 11-49-1. Cemeteries; permitted activities. (a) The corporate authorities of each municipality may establish and regulate cemeteries within or without the municipal limits; may acquire lands therefor, by purchase or otherwise; may cause cemeteries to be removed; and may prohibit their establishment within one mile of the municipal limits. (b) The corporate authorities also may enter into contracts to purchase existing cemeteries, or lands for cemetery purposes, on deferred installments to be paid solely from the proceeds of sale of cemetery lots. Every such contract shall empower the purchasing municipality, in its own name, to execute and deliver deeds to purchasers of cemetery lots for burial purposes. (c) The corporate authorities of each municipality that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall the corporate authorities of a municipality enter an abandoned cemetery under this subsection if the owner of the property or the legally responsible cemetery authority provides written notification to the corporate authorities, prior to the the corporate authorities' entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the corporate authority authorization to enter the property. In making a cemetery orderly under this Section, the corporate authorities of a municipality may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. (d) In this Section: "Abandoned cemetery" means an area of land containing more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority can be found and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months.
[February 9, 2000] 40 "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to entry and cleanup of cemetery grounds by the corporate authorities of a municipality. The notice shall provide (1) notice of the corporate authorities' intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the corporate authorities upon written notice to the those authorities; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris. (Source: Laws 1961, p. 576.) Section 30. The Illinois Funeral or Burial Funds Act is amended by changing Sections 1a, 1a-1, 2, 2a, 3, 3a, 3e, 3f, 4, 7.2, and 8 and by adding Sections 3a-5 and 8.1 as follows: (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a) Sec. 1a. For the purposes of this Act, the following terms shall have the meanings specified, unless the context clearly requires another meaning: "Beneficiary" means the person specified in the pre-need contract upon whose death funeral services or merchandise shall be provided or delivered. "Licensee" means a seller of a pre-need contract who has been licensed by the Comptroller under this Act. "Outer burial container" means any container made of concrete, steel, wood, fiberglass or similar material, used solely at the interment site, and designed and used exclusively to surround or enclose a separate casket and to support the earth above such casket, commonly known as a burial vault, grave box or grave liner, but not including a lawn crypt as defined in the Illinois Pre-need Cemetery Sales Act. "Parent company" means a corporation that has a controlling interest in another corporation. "Person" means any person, partnership, association, corporation, or other entity. "Pre-need contract" means any agreement or contract, or any series or combination of agreements or contracts, whether funded by trust deposits or life insurance policies or annuities, which has for a purpose the furnishing or performance of funeral services or the furnishing or delivery of any personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body. Nothing in this Act is intended to regulate the content of a life insurance policy or a tax-deferred annuity. "Provider" means a person who is obligated for furnishing or performing funeral services or the furnishing or delivery of any personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body. "Purchaser" means the person who originally paid the money under or in connection with a pre-need contract. "Sales proceeds" means the entire amount paid to a seller,
41 [February 9, 2000] "Seller" means the person who sells or offers to sell the pre-need contract to a purchaser, whether funded by a trust agreement, life insurance policy, or tax-deferred annuity. "Trustee" means a person authorized to hold funds under this Act. (Source: P.A. 88-477.) (225 ILCS 45/1a-1) Sec. 1a-1. Pre-need contracts. (a) It shall be unlawful for any seller doing business within this State to accept sales proceeds from a purchaser, either directly or indirectly by any means, unless the seller enters into a pre-need contract with the purchaser which meets the following requirements: (1) It states the name and address of the principal office of the seller
[February 9, 2000] 42 to be received as a result of cancellations; and (iv) all relevant information concerning what occurs and whether any entitlements or obligations arise if there is a difference between the proceeds of the particular funding arrangement and the amount actually needed to pay for the funeral at-need.
43 [February 9, 2000] pre-need contract, all trust deposits as determined by Section 1b shall be made within 30 days of receipt. (b) A trust established under this Act must be maintained: (1) in a trust account established in a bank, savings and loan association, savings bank, or credit union authorized to do business in Illinois in which accounts are insured by an agency of the federal government; or (2) in a trust company authorized to do business in Illinois. (c) Trust agreements and amendments to the trust agreements used to fund a pre-need contract shall be filed with the Comptroller prior to their use. (d) Trust agreements shall follow the format of the standard Funeral Trust Agreements approved by the Comptroller for guaranteed or non-guaranteed price funeral plans. (e) A seller or provider shall furnish to the trustee and depositary the name of each payor and the amount of payment on each such account for which deposit is being so made. Nothing shall prevent the trustee or a seller or provider acting as a trustee in accordance with this Act from commingling the deposits in any such trust fund for purposes of its management and the investment of its funds as provided in the Common Trust Fund Act. In addition, multiple trust funds maintained under this Act may be commingled or commingled with other funeral or burial related trust funds if all record keeping requirements imposed by law are met. (f) Trust funds may be maintained in a financial institution described in subsection (b) which is located in a state adjoining this State where: (1) the financial institution is located within 50 miles of the border of this State, (2) its accounts are federally insured, and (3) it has registered with the Illinois Secretary of State for purposes of service of process. (g) Upon notice to the Comptroller, the seller may change the trustee of the fund. (Source: P.A. 88-477.) (225 ILCS 45/2a) Sec. 2a. Purchase of insurance or annuity. (a) If a purchaser selects the purchase of a life insurance policy or tax-deferred annuity contract to fund the pre-need contract, the application and collected premium shall be mailed within 30 days of signing the pre-need contract. (b) If life insurance or an annuity is used to fund a pre-need contract, the seller or provider shall not be named as the owner or beneficiary of the policy or annuity. No person whose only insurable interest in the insured is the receipt of proceeds from the policy or in naming who shall receive the proceeds nor any trust acting on behalf of such person or seller or provider shall be named as owner or beneficiary of the policy or annuity. (c) Nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity used to fund a guaranteed price pre-need contract to a person or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law, except that neither the seller nor the contract provider shall be named the owner of the policy or annuity. (d) If a life insurance policy or annuity contract is used to fund a pre-need contract, except for guaranteed price contracts permitted in Section 4(a) of this Act, the pre-need contract must be revocable, and the assignment provision in the pre-need contract must contain the following disclosure in 12 point bold type: THIS ASSIGNMENT MAY BE REVOKED BY THE ASSIGNOR OR ASSIGNOR'S SUCCESSOR OR, IF THE ASSIGNOR IS ALSO THE INSURED AND DECEASED, BY THE REPRESENTATIVE OF THE INSURED'S ESTATE BEFORE THE RENDERING TO THE CEMETERY SERVICES OR GOODS OR FUNERAL SERVICES OR GOODS. IF THE ASSIGNMENT IS REVOKED, THE DEATH BENEFIT UNDER THE LIFE INSURANCE POLICY OR ANNUITY CONTRACT SHALL BE PAID IN ACCORDANCE WITH THE BENEFICIARY DESIGNATION UNDER THE INSURANCE POLICY OR ANNUITY CONTRACT. (e) Sales proceeds shall not be used to purchase life insurance
[February 9, 2000] 44 policies or tax-deferred annuities unless the company issuing the life insurance policies or tax-deferred annuities is licensed with the Illinois Department of Insurance, and the insurance producer or annuity seller is licensed to do business in the State of Illinois. (f) The seller or provider must give notice in writing that the cash surrender value of a life insurance policy may be less than the amount provided for by the refund provisions of the trust. (Source: P.A. 88-477.) (225 ILCS 45/3) (from Ch. 111 1/2, par. 73.103) Sec. 3. Licensing. (a) No person, firm, partnership, association or corporation may act as seller without first securing from the State Comptroller a license to so act. Application for such license shall be in writing, signed by the applicant and duly verified on forms furnished by the Comptroller. Each application shall contain at least the following: (1) The full name and address (both residence and place of business) of the applicant, and every member, officer and director thereof if the applicant is a firm, partnership, association, or corporation, and of every shareholder holding more than 10% of the corporate stock if the applicant is a corporation.
45 [February 9, 2000]
[February 9, 2000] 46 be borne by the licensee if it has $10,000 or more in trust funds, otherwise, by the Comptroller. The charge made by the Comptroller for an examination shall be based upon the total amount of trust funds held by the licensee at the end of the calendar or fiscal year for which the report is required by this Act and shall be in accordance with the following schedule: Less than $10,000............................................no charge; $10,000 or more but less than $50,000..............................$10; $50,000 or more but less than $100,000.............................$40; $100,000 or more but less than $250,000............................$80; $250,000 or more..................................................$100. The Comptroller may order additional audits or examinations as he or she may deem necessary or advisable to ensure the safety and stability of the trust funds and to ensure compliance with this Act. These additional audits or examinations shall only be made after good cause is established by the Comptroller in the written order. The grounds for ordering these additional audits or examinations may include, but shall not be limited to: (1) material and unverified changes or fluctuations in trust balances or insurance or annuity policy amounts; (2) the licensee changing trustees more than twice in any 12-month period; (3) any withdrawals or attempted withdrawals from the trusts, insurance policies, or annuity contracts in violation of this Act; or (4) failure to maintain or produce documentation required by this Act for deposits into trust accounts, trust investment activities, or life insurance or annuity policies. Prior to ordering an additional audit or examination, the Comptroller shall request the licensee to respond and comment upon the factors identified by the Comptroller as warranting the subsequent examination or audit. The licensee shall have 30 days to provide a response to the Comptroller. If the Comptroller decides to proceed with the additional examination or audit, the licensee shall bear the full cost of that examination or audit, up to a maximum of $7,500. The Comptroller may elect to pay for the examination or audit and receive reimbursement from the licensee. Payment of the costs of the examination or audit by a licensee shall be a condition of receiving, maintaining, or renewing a license under this Act. All moneys received by the Comptroller for examination or audit fees shall be maintained in a separate account to be known as the Comptroller's Administrative Fund. This Fund, subject to appropriation by the General Assembly, may be utilized by the Comptroller for enforcing this Act and other purposes that may be authorized by law. For pre-need contracts funded by life insurance or a tax-deferred annuity, the cost of an examination shall be borne by the licensee if it has received $10,000 or more in premiums during the preceding calendar year. The fee schedule for such examination shall be established in rules promulgated by the Comptroller. In the event such investigation or other information received by the Comptroller discloses a substantial violation of the requirements of this Act, the Comptroller shall revoke the license of such person upon a hearing as provided in this Act. Such licensee may terminate all further responsibility for compliance with the requirements of this Act by voluntarily surrendering the license to the Comptroller, or in the event of its loss, furnishing the Comptroller with a sworn statement to that effect, which states the licensee's intention to discontinue acceptance of funds received under pre-need contracts. Such license or statement must be accompanied by an affidavit that said licensee has lawfully expended or refunded all funds received under pre-need contracts, and that the licensee will accept no additional sales proceeds. The Comptroller shall immediately cancel or revoke said license. (Source: P.A. 88-477; 89-615, eff. 8-9-96.) (225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a) Sec. 3a. Denial, suspension, or revocation of license.
47 [February 9, 2000] (a) The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (1) The applicant or licensee has made any misrepresentations or false statements or concealed any material fact. (2) The applicant or licensee is insolvent. (3) The applicant or licensee has been engaged in business practices that work a fraud. (4) The applicant or licensee has refused to give pertinent data to the Comptroller. (5) The applicant or licensee has failed to satisfy any enforceable judgment or decree rendered by any court of competent jurisdiction against the applicant. (6) The applicant or licensee has conducted or is about to conduct business in a fraudulent manner. (7) The trustee advisors or the trust agreement is not satisfactory to the Comptroller. (8) The fidelity bond is not satisfactory to the Comptroller. (9) As to any individual, the individual has conducted or is about to conduct any business on behalf of the applicant in a fraudulent manner; has been convicted of any felony or misdemeanor, an essential element of which is fraud; has had a judgment rendered against him or her based on fraud in any civil litigation; has failed to satisfy any enforceable judgment or decree rendered against him or her by any court of competent jurisdiction; or has been convicted of any felony or any theft-related offense. (10) The applicant or licensee, including any member, officer, or director thereof if the applicant or licensee is a firm, partnership, association or corporation and any shareholder holding more than 10% of the corporate stock, has violated any provision of this Act or any regulation, decision, order, or finding made by the Comptroller under this Act. (11) The Comptroller finds any fact or condition existing which, if it had existed at the time of the original application for such license, would have warranted the Comptroller in refusing the issuance of the license. (b) Before refusal to issue or renew and before suspension or revocation of a license, the Comptroller shall hold a hearing to determine whether the applicant or licensee, hereinafter referred to as the respondent, is entitled to hold such a license. At least 10 days prior to the date set for such hearing, the Comptroller shall notify the respondent in writing that on the date designated a hearing will be held to determine his eligibility for a license and that he may appear in person or by counsel. Such written notice may be served on the respondent personally, or by registered or certified mail sent to the respondent's business address as shown in his latest notification to the Comptroller. At the hearing, both the respondent and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto. The Comptroller may reasonably continue such hearing from time to time. The Comptroller may subpoena any person or persons in this State and take testimony orally, by deposition or by exhibit, in the same manner and with the same fees and mileage allowances as prescribed in judicial proceedings in civil cases. Any authorized agent of the Comptroller may administer oaths to witnesses at any hearing which the Comptroller is authorized to conduct. (Source: P.A. 84-839.) (225 ILCS 45/3a-5 new) Section 3a-5. License requirements. (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of business, each branch location also operating under the license, and the licensee's parent company, if any. The license shall be conspicuously posted in each place of business operating under the license. The Comptroller may issue such additional licenses as may
[February 9, 2000] 48 be necessary for licensee branch locations upon compliance with the provisions of this Act governing an original issuance of a license for each new license. (b) Individual salespersons representing a licensee shall not be required to obtain licenses in their individual capacities, but must acknowledge, by affidavit, that they have been educated in the provisions of this Act and understand the penalties for failure to comply. The licensee shall retain copies of the affidavits of its sellers for its records and shall make the affidavits available to the Comptroller for examination upon request. (c) The licensee shall be responsible for the activities of any person representing the licensee in selling or offering a pre-need contract for sale. (d) Any person not selling on behalf of a licensee shall obtain its own license. (e) No license shall be transferable or assignable without the express written consent of the Comptroller. A transfer of more than 50% of the ownership of any business licensed hereunder shall be deemed to be an attempted assignment of the license originally issued to the licensee for which consent of the Comptroller shall be required. (f) Every license issued hereunder shall remain in force until it has been suspended, surrendered, or revoked in accordance with this Act. The Comptroller, upon the request of an interested person or on his own motion, may issue new licenses to a licensee whose license or licenses have been revoked, if no factor or condition then exists which would have warranted the Comptroller to originally refuse the issuance of such license. (225 ILCS 45/3e) (from Ch. 111 1/2, par. 73.103e) Sec. 3e. Upon the revocation of, suspension of, or refusal to renew any license, the licensee shall immediately surrender the license or licenses
49 [February 9, 2000] the transfer of trust funds from one depositary to another or (ii) prohibits a contract purchaser who is or may become eligible for public assistance under any applicable federal or State law or local ordinance including, but not limited to, eligibility under 24 C.F.R., Part 913 relating to family insurance under federal Housing and Urban Development Policy from irrevocably waiving, in writing, and renouncing the right to cancel a pre-need contract for funeral services in an amount prescribed by rule of the Illinois Department of Public Aid. No guaranteed price pre-need funeral contract may prohibit a purchaser from making a contract irrevocable to the extent that federal law or regulations require that such a contract be irrevocable for purposes of the purchaser's eligibility for Supplemental Security Income benefits, Medicaid, or another public assistance program, as permitted under federal law. (b) If for any reason a
[February 9, 2000] 50
51 [February 9, 2000] The powers vested in the Comptroller by this Section are in addition to any and all other powers and remedies vested in the Comptroller by law. (Source: P.A. 88-477.) (225 ILCS 45/8.1 new) Sec. 8.1. Sales; liability of purchaser for shortage. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a corporation, the sale or transfer of the controlling interest of the partnership if the licensee is a partnership, or the sale of the licensee pursuant to foreclosure proceedings, the purchaser is liable for any shortages existing before or after the sale in the trust funds required to be maintained in a trust pursuant to this Act and shall honor all pre-need contracts and trusts entered into by the licensee. Any shortages existing in the trust funds constitute a prior lien in favor of the trust for the total value of the shortages, and notice of that lien shall be provided in all sales instruments. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a corporation, or the sale or transfer of the controlling interest of the partnership if the licensee is a partnership, the licensee shall, at least 21 days prior to the sale or transfer, notify the Comptroller, in writing, of the pending date of sale or transfer so as to permit the Comptroller to audit the books and records of the licensee. The audit must be commenced within 10 business days of the receipt of the notification and completed within the 21-day notification period unless the Comptroller notifies the licensee during that period that there is a basis for determining a deficiency which will require additional time to finalize. The sale or transfer may not be completed by the licensee unless and until: (i) the Comptroller has completed the audit of the licensee's books and records; (ii) any delinquency existing in the trust funds has been paid by the licensee, or arrangements satisfactory to the Comptroller have been made by the licensee on the sale or transfer for the payment of any delinquency; and (iii) the Comptroller issues a license upon application of the new owner, which license must be applied for within 30 days of the anticipated date of the sale or transfer, subject to the payment of any delinquencies, if any, as stated in item (ii). For purposes of this Section, a person, firm, corporation, partnership, or institution that acquires the licensee through a real estate foreclosure shall be subject to the provisions of this Section. The sale or transfer of the controlling interest of a licensee to an immediate family member is not subject to the license application process required in item (iii) of this Section. Section 32. The Illinois Public Aid Code is amended by changing Section 12-4.11 as follows: (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11) Sec. 12-4.11. Grant amounts. The Department, with due regard for and subject to budgetary limitations, shall establish grant amounts for each of the programs, by regulation. The grant amounts may vary by program, size of assistance unit and geographic area. Aid payments shall not be reduced except: (1) for changes in the cost of items included in the grant amounts, or (2) for changes in the expenses of the recipient, or (3) for changes in the income or resources available to the recipient, or (4) for changes in grants resulting from adoption of a consolidated grant amount. In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall take into account the services essential to a dignified, low-cost funeral and burial, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges.
[February 9, 2000] 52 For the fiscal year beginning July 1, 2000, no payment may be provided for funeral services in excess of $850 and no payment may be provided for cemetery burial costs in excess of $425. For the fiscal year beginning July 1, 2001, and thereafter, no payment may be provided for funeral services in excess of $1,000 and no payment may be provided for cemetery burial costs in excess of $500. Nothing contained in this Section or in any other Section of this Code shall be construed to prohibit the Illinois Department (1) from consolidating existing standards on the basis of any standards which are or were in effect on, or subsequent to July 1, 1969, or (2) from employing any consolidated standards in determining need for public aid and the amount of money payment or grant for individual recipients or recipient families. (Source: P.A. 90-17, eff. 7-1-97; 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98; 91-24, eff. 7-1-99.) Section 35. The Cemetery Care Act is amended by changing Sections 2a, 4, 8, 9, 10, 11, 11.1, 13, 15b, and 24 as follows: (760 ILCS 100/2a) (from Ch. 21, par. 64.2a) Sec. 2a. Powers and duties of cemetery authorities
53 [February 9, 2000] interment right and to adjoining interment rights is not thereby eliminated. (e) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall keep a record of every interment, entombment, and inurnment in the cemetery. The record shall include the deceased's name, age, and date of burial, when these particulars can be conveniently obtained, and the lot, plot, or section where the human remains are interred, entombed, or inurned. The record shall be open to public inspection. The cemetery authority shall make available a true copy of the record upon written request and payment of reasonable copy costs. (f) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations. (Source: P.A. 87-747.) (760 ILCS 100/4) (from Ch. 21, par. 64.4) Sec. 4. Care funds; deposits; investments. Whenever a cemetery authority owning, operating, controlling or managing a privately operated cemetery accepts care funds, either in connection with the sale or giving away at an imputed value of an interment right, entombment right or inurnment right, or in pursuance of a contract, or whenever, as a condition precedent to the purchase or acceptance of an interment right, entombment right or inurnment right, such cemetery authority requires the establishment of a care fund or a deposit in an already existing care fund, then such cemetery authority shall execute and deliver to the person from whom received an instrument in writing which shall specifically state: (a) the nature and extent of the care to be furnished, and (b) that such care shall be furnished only in so far as the net income derived from the amount deposited in trust will permit (the income from the amount so deposited, less necessary expenditures of administering the trust, shall be deemed the net income), and (c) that not less than the following amounts will be set aside and deposited in trust: 1. For interment rights, $1 per square foot of the space sold or 15% of the sales price or imputed value, whichever is the greater, with a minimum of $25 for each individual interment right. 2. For entombment rights, not less than 10% of the sales price or imputed value with a minimum of $25 for each individual entombment right. 3. For inurnment rights, not less than 10% of the sales price or imputed value with a minimum of $15 for each individual inurnment right. 4. For any transfer of interment rights, entombment rights, or inurnment rights recorded in the records of the cemetery authority, excepting only transfers between members of the immediate family of the transferor, a minimum of $25 for each such right transferred. For the purposes of this paragraph "immediate family of the transferor" means the spouse, parents, grandparents, children, grandchildren, and siblings of the transferor. 5. Upon an interment, entombment, or inurnment in a grave, crypt, or niche in which rights of interment, entombment, or inurnment were originally acquired from a cemetery authority prior to January 1, 1948, a minimum of $25 for each such right exercised. 6. For the special care of any lot, grave, crypt, or niche or of a family mausoleum, memorial, marker, or monument, the full amount received. Such setting aside and deposit shall be made by such cemetery authority not later than 30 days after the close of the month in which the cemetery authority gave away for an imputed value or received a
[February 9, 2000] 54 within 30 days of the close of the month in which the cemetery authority received the payment until the amount due the care fund has been deposited. Deposits to the care funds
55 [February 9, 2000] and whether incorporated under general or private act of the legislature. Such registration statement shall be accompanied by a fee of $5. Such fee shall be paid to the Comptroller and no registration statement shall be accepted by him without the payment of such fee. Every cemetery authority that is not required to file an annual report under this Act shall bear the responsibility of informing the Comptroller whenever a change takes place regarding status of cemetery, name of contact person, and that person's address and telephone number. Upon receipt of a registration statement, if a claim is made that a cemetery is a fraternal cemetery, municipal cemetery, or religious cemetery, or a family burying ground, as the case may be, as defined in Section 2 of this Act, and the Comptroller shall determine that such cemetery is not a fraternal cemetery, a municipal cemetery, or a religious cemetery, or a family burying ground, as the case may be, as defined in Section 2 of this Act, the Comptroller shall notify the cemetery authority making the claim of such determination; provided, however, that no such claim shall be denied until the cemetery authority making such claim has had at least 10 days' notice of a hearing thereon and an opportunity to be heard. When any such claim is denied, the Comptroller shall within 20 days thereafter prepare and keep on file in his office the transcript of the evidence taken and a written order or decision of denial of such claim and shall send by United States mail a copy of such order or decision of denial to the cemetery authority making such claim within 5 days after the filing in his office of such order, finding or decision. A review of any such order, finding or decision may be had as provided in the Administrative Review Law, as now or hereafter amended.
[February 9, 2000] 56 and in the form furnished by the Comptroller. The form furnished by the Comptroller shall enable a cemetery authority to apply for license of multiple cemetery locations within a single license application. A check or money order in the amount of $25 per license seeking to be issued under the application, payable to: Comptroller, State of Illinois, shall be included. Each application shall contain the following: (1) the full name and address (both of residence and of place of business) of the applicant, if an individual; of every member, if the applicant is a partnership or association; of every officer, manager, or director, if the applicant is a corporation, and of any party owning 10% or more of the cemetery authority, and the full name and address of the parent company, if any; (2) a detailed statement of the applicant's assets and liabilities; (2.1) The name, address, and legal boundaries of each cemetery for which the care funds shall be entrusted and at which books, accounts, and records shall be available for examination by the Comptroller as required by Section 13 of this Act; (3) as to the name of each individual person listed under (1) above, a detailed statement of each person's business experience for the 10 years immediately preceding the application; the present and previous connection, if any, of each person with any other cemetery or cemetery authority; whether each person has ever been convicted of any
57 [February 9, 2000] the number of inhabitants, either in the county in which the cemetery is to be located or in the area included within a 10 mile radius from the cemetery if the number of inhabitants therein is greater, is 25,000 or less the deposit shall be $7,500; if the number of inhabitants is 25,001 to 50,000, the deposit shall be $10,000; if the number of inhabitants is 50,001 to 125,000, the deposit shall be $15,000; if the number of inhabitants is over 125,000, the deposit shall be $25,000. After an amount equal to and in addition to the required minimum care fund deposit has been deposited in trust, the cemetery authority may withhold 50% of all future care funds until it has recovered the amount of the minimum care fund deposit. (d) (Blank).
[February 9, 2000] 58 address set forth in the application, within 5 days after the filing of such order. A review of such decision may be had as provided in Section 20 of this Act.
59 [February 9, 2000] whether such licensee or trustee is complying with the provisions of this Act and with the rules, regulations and directions made by the Comptroller hereunder. The licensee shall update books, accounts, and records no less often than monthly. The licensee shall keep the books, accounts, and records at the location identified in the license issued by the Comptroller or as otherwise agreed by the Comptroller in writing. The books, accounts, and records shall be accessible for review upon demand of the Comptroller. (Source: P.A. 78-592.) (760 ILCS 100/15b) Sec. 15b. Sales; liability of purchaser for shortage. In the case of a sale of any privately operated cemetery or any part thereof or of any related personal property by a cemetery authority to a purchaser or pursuant to foreclosure proceedings, except the sale of burial rights, services, or merchandise to a person for his or her personal or family burial or interment, the purchaser is liable for any shortages existing before or after the sale in the care funds required to be maintained in a trust pursuant to this Act and shall honor all instruments issued under Section 4 for that cemetery. Any shortages existing in the care funds constitute a prior lien in favor of the trust for the total value of the shortages, and notice of such lien shall be provided in all sales instruments. Prior to or concurrent with the sale of any portion of cemetery land in which no human remains have been interred, the licensee shall deposit $1 per square foot of the cemetery land to be sold that is suitable for human interment into the cemetery authority's care fund authorized under this Act. The Comptroller may waive or lessen the amount of the required deposit when the licensee has made arrangements satisfactory to the Comptroller. In the event of a sale or transfer of all or substantially all of the assets of the cemetery authority, a sale or transfer of any cemetery land, including any portion of cemetery land in which no human remains have been interred, the sale or transfer of the controlling interest of the corporate stock of the cemetery authority if the cemetery authority is a corporation, or the sale or transfer of the controlling of the partnership if the cemetery authority is a partnership, the cemetery authority shall, at least 21 days prior to the sale or transfer, notify the Comptroller, in writing, of the pending date of sale or transfer so as to permit the Comptroller to audit the books and records of the cemetery authority. The audit must be commenced within 10
[February 9, 2000] 60 (a) Whoever intentionally violates any provision of this Act except the provisions of Section 23 and subsections (b), (c), (d), and (f) of Section 2a shall be guilty of a Class 4 felony, and each day such provisions are violated shall constitute a separate offense. (b) If any person intentionally violates this Act or fails or refuses to comply with any order of the Comptroller or any part of an order that has become final to such person and is still in effect, the Comptroller may, after notice and hearing at which it is determined that a violation of this Act or such order has been committed, further order that such person shall forfeit and pay to the State of Illinois a sum not to exceed $10,000
61 [February 9, 2000] gravestone or other memorial, monument, or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield is guilty of a Class 4 felony for damaging at least one but no more than 4 gravestones, a Class 3 felony for damaging at least 5 but no more than 10 gravestones, or a Class 2 felony for damaging more than 10 gravestones and shall provide restitution to the cemetery authority or property owner for the amount of any damage caused. (b-7) Any person who acts without proper legal authority and who willfully and knowingly removes with the intent to resell a gravestone or other memorial, monument, or marker commemorating a deceased person or group of persons, whether located within or outside a recognized cemetery, memorial park, or battlefield, is guilty of a Class 2 felony. (c) The provisions of this Section shall not apply to the removal or unavoidable breakage or injury by a cemetery authority of anything placed in or upon any portion of its cemetery in violation of any of the rules and regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority that in the judgment of the cemetery authority has become wrecked, unsightly, or dilapidated. (d) If an unemancipated minor is found guilty of violating any of the provisions of subsection (b) of this Section and is unable to provide restitution to the cemetery authority or property owner, the parents or legal guardians of that minor shall provide restitution to the cemetery authority or property owner for the amount of any damage caused, up to the total amount allowed under the Parental Responsibility Law. (e) Any person who shall hunt, shoot or discharge any gun, pistol or other missile, within the limits of any cemetery, or shall cause any shot or missile to be discharged into or over any portion thereof, or shall violate any of the rules made and established by the board of directors of such cemetery, for the protection or government thereof, is guilty of a Class C misdemeanor. (f) Any person who knowingly enters or knowingly remains upon the premises of a public or private cemetery without authorization during hours that the cemetery is posted as closed to the public is guilty of a Class A misdemeanor. (g) All fines when recovered, shall be paid over by the court or officer receiving the same to the cemetery association and be applied, as far as possible in repairing the injury, if any, caused by such offense. Provided, nothing contained in this Act shall deprive such cemetery association, or the owner of any lot or monument from maintaining an action for the recovery of damages caused by any injury caused by a violation of the provisions of this Act, or of the rules established by the board of directors of such cemetery association. Nothing in this Section shall be construed to prohibit the discharge of firearms loaded with blank ammunition as part of any funeral, any memorial observance or any other patriotic or military ceremony. (Source: P.A. 89-36, eff. 1-1-96.) Section 45. The Illinois Pre-Need Cemetery Sales Act is amended by changing Sections 1, 4, 5, 6, 7, 8, 8a, 9, 12, 14, 15, 16, 18, 19, 20, 22, and 23, and by adding Section 27.1, as follows: (815 ILCS 390/1) (from Ch. 21, par. 201) Sec. 1. Purpose. It is the purpose of this Act to assure adequate protection for those who contract through pre-need contracts for the purchase of certain cemetery merchandise and cemetery services and undeveloped interment, entombment or inurnment space, when the seller may delay delivery or performance more than 120 days following initial payment on the account. (Source: P.A. 85-805.) (815 ILCS 390/4) (from Ch. 21, par. 204) Sec. 4. Definitions. As used in this Act, the following terms shall have the meaning specified: (a)
[February 9, 2000] 62 cemetery services or undeveloped interment, entombment or inurnment spaces where the terms of such sale require payment or payments to be made at a currently determinable time and where the merchandise, services or completed spaces are to be provided more than 120 days following the initial payment on the account. (b)
63 [February 9, 2000] (E) "Cemetery services" means those services customarily performed by cemetery or crematory personnel in connection with the interment, entombment, inurnment or cremation of a dead human body. (F) "Cemetery section" means a grouping of spaces intended to be developed simultaneously for the purpose of interring human remains. (G) "Columbarium" means an arrangement of niches that may be an entire building, a complete room, a series of special indoor alcoves, a bank along a corridor or part of an outdoor garden setting that is constructed of permanent material such as bronze, marble, brick, stone or concrete for the inurnment of human remains. (H) "Lawn crypt" means a permanent underground crypt usually constructed of reinforced concrete or similar material installed in multiple units for the interment of human remains. (I) "Mausoleum" or "garden crypt" means a grouping of spaces constructed of reinforced concrete or similar material constructed or assembled above the ground for entombing human remains. (J) "Memorials, markers and monuments" means the object usually comprised of a permanent material such as granite or bronze used to identify and memorialize the deceased. (K) "Foundations" means those items used to affix or support a memorial or monument to the ground in connection with the installation of a memorial, marker or monument. (L) "Person" means an individual, corporation, partnership, joint venture, business trust, voluntary organization or any other form of entity. (M) "Seller" means any person selling or offering for sale cemetery merchandise, cemetery services or undeveloped interment, entombment, or inurnment spaces in accordance with a pre-need sales contract
[February 9, 2000] 64 all legal process in any action or proceeding against it relating to or growing out of this Act, and the acceptance of the delivery of stored merchandise under this Act shall be signification of its agreement that any such process against it which is so served, shall be of the same legal force and validity as though served upon it personally. Service of such process shall be made by delivering to and leaving with the Comptroller, or any agent having charge of the Comptroller's Department of Cemetery and Burial Trusts, a copy of such process and such service shall be sufficient service upon such foreign warehouse facility if notice of such service and a copy of the process are, within 10 days thereafter, sent by registered mail by the plaintiff to the foreign warehouse facility at its principal office and the plaintiff's affidavit of compliance herewith is appended to the summons. The Comptroller shall keep a record of all process served upon him under this Section and shall record therein the time of such service. (Source: P.A. 91-7, eff. 1-1-2000; 91-357, eff. 7-29-99; revised 8-30-99.) (815 ILCS 390/5) (from Ch. 21, par. 205) Sec. 5. It is unlawful for any seller
65 [February 9, 2000] the advisors to the trustee, including a copy of the proposed trust agreement under which the trust funds are to be held as required by this Act; (5) Where applicable, the name of the corporate surety company providing the performance bond for the construction of undeveloped spaces and a copy of the bond; and (6) Such other information as the Comptroller may reasonably require in order to determine the qualification of the applicant to be licensed under this Act. (b) Applications for license shall be accompanied by a fidelity bond executed by the applicant and a security company authorized to do business in this State in such amount, not exceeding $10,000, as the Comptroller may require. The Comptroller may require additional bond from time to time in amounts equal to one-tenth of such trust funds but not to exceed $100,000, which bond shall run to the Comptroller for the use and benefit of the beneficiaries of such trust funds. Such licensee may by written permit of the Comptroller be authorized to operate without additional bond, except such fidelity bond as may be required by the Comptroller for the protection of the licensee against loss by default by any of its employees engaged in the handling of trust funds. (c) Any application not acted upon within 90 days may be deemed denied. (Source: P.A. 88-477.) (815 ILCS 390/7) (from Ch. 21, par. 207) Sec. 7. The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (a) The applicant or licensee has made any misrepresentations or false statements or concealed any material fact; (b) The applicant or licensee is insolvent; (c) The applicant or licensee has been engaged in business practices that work a fraud; (d) The applicant or licensee has refused to give pertinent data to the Comptroller; (e) The applicant or licensee has failed to satisfy any enforceable judgment or decree rendered by any court of competent jurisdiction against the applicant; (f) The applicant or licensee has conducted or is about to conduct business in a fraudulent manner; (g) The trustee advisors or the trust agreement is not satisfactory to the Comptroller; (h) The pre-construction performance bond, if applicable, is not satisfactory to the Comptroller; (i) The fidelity bond is not satisfactory to the Comptroller; (j) As to any individual listed, that
[February 9, 2000] 66 Sec. 8. (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of business, each branch location also operating under the license, and the licensee's parent company, if any.
67 [February 9, 2000] (815 ILCS 390/9) (from Ch. 21, par. 209) Sec. 9. The Comptroller may
[February 9, 2000] 68 any means
69 [February 9, 2000] OF ITS ULTIMATE USE PRIOR TO THE TIME THAT THE MERCHANDISE IS NEEDED BY THE BENEFICIARY. DELIVERY OF THE MERCHANDISE IN THIS MANNER MAY PRECLUDE REFUND OF SALE PROCEEDS THAT ARE ATTRIBUTABLE TO THE DELIVERED MERCHANDISE." The purchaser shall initial the statement at the time of entry into the pre-need contract. (b) Every pre-need sales contract must be in writing.
[February 9, 2000] 70 an amount equal to 50% of the sales price of the installment contract, except that, for the portion of the contract attributable to the sale of outer burial containers, the seller shall deposit an amount equal to 85% of the sales price. Proceeds required to be deposited in trust which are attributable to cemetery merchandise and cemetery services shall be held in a "Cemetery Merchandise Trust Fund". Proceeds required to be deposited in trust which are attributable to the sale of undeveloped interment, entombment or inurnment spaces shall be held in a "Pre-construction Trust Fund". If merchandise is delivered for storage in a bonded warehouse, as authorized herein, and payment of transportation or other charges totaling more than $20 will be required in order to secure delivery to the site of ultimate use, upon such delivery to the warehouse the seller shall deposit to the trust fund the full amount of the actual or estimated transportation charge. Transportation charges which have been prepaid by the seller shall not be deposited to trust funds maintained pursuant to this Section. As used in this Section, "all proceeds" means the entire amount paid by a purchaser in connection with a pre-need sales contract, including finance charges and Cemetery Care Act contributions, but excluding sales taxes and credit life insurance premiums. (b) All trust deposits required by this Act shall be made within 30 days following the end of the month of receipt. (c) A trust established under this Act must be maintained: (1) in a trust account established in a bank, savings and loan association or credit union authorized to do business in Illinois where such accounts are insured by an agency of the federal government; (2) in a trust company authorized to do business in Illinois; or (3) in an investment company authorized to do business in Illinois insured by the Securities Brokers Insurance Corporation. (d) Funds deposited in the trust account shall be identified in the records of the seller by the name of the purchaser. Nothing shall prevent the trustee from commingling the deposits in any such trust fund for purposes of the management thereof and the investment of funds therein as provided in the "Common Trust Fund Act", approved June 24, 1949, as amended. In addition, multiple trust funds maintained pursuant to this Act may be commingled or commingled with other funeral or burial related trust funds, provided that all record keeping requirements imposed by or pursuant to law are met. (e) In lieu of a pre-construction trust fund, a seller of undeveloped interment, entombment or inurnment spaces may obtain and file with the Comptroller a performance bond in an amount at least equal to 50% of the sales price of the undeveloped spaces or the estimated cost of completing construction, whichever is greater. The bond shall be conditioned on the satisfactory construction and completion of the undeveloped spaces as required in Section 19 of this Act. Each bond obtained under this Section shall have as surety thereon a corporate surety company incorporated under the laws of the United States, or a State, the District of Columbia or a territory or possession of the United States. Each such corporate surety company must be authorized to provide performance bonds as required by this Section, have paid-up capital of at least $250,000 in cash or its equivalent and be able to carry out its contracts. Each pre-need seller must provide to the Comptroller, for each corporate surety company such seller utilizes, a statement of assets and liabilities of the corporate surety company sworn to by the president and secretary of the corporation by January 1 of each year. The Comptroller shall prohibit pre-need sellers from doing new business with a corporate surety company if the company is insolvent or is in violation of this Section. In addition the Comptroller may direct a pre-need seller to reinstate a pre-construction trust fund upon the Comptroller's determination that the corporate surety company no longer is sufficient security. All performance bonds issued pursuant to this Section must be
71 [February 9, 2000] irrevocable during the statutory term for completing construction specified in Section 19 of this Act, unless terminated sooner by the completion of construction. (f) Whenever any pre-need contract shall be entered into and include 1) items of cemetery merchandise and cemetery services, and 2) rights to interment, inurnment or entombment in completed spaces without allocation of the gross sale price among the items sold, the application of payments received under the contract shall be allocated, first to the right to interment, inurnment or entombment, second to items of cemetery merchandise and cemetery services, unless some other allocation is clearly provided in the contract. (g) Any person engaging in pre-need sales who enters into a combination sale which involves the sale of items covered by a trust or performance bond requirement and any item not covered by any entrustment or bond requirement, shall be prohibited from increasing the gross sales price of those items not requiring entrustment with the purpose of allocating a lesser gross sales price to items which require a trust deposit or a performance bond. (Source: P.A. 91-7; eff. 1-1-2000.) (815 ILCS 390/16) (from Ch. 21, par. 216) Sec. 16. Trust funds; disbursements. (a) A trustee shall make no disbursements from the trust fund except as provided in this Act. (b) A trustee shall, with respect to the investment of such trust funds, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. The seller shall act as trustee of all amounts received for cemetery merchandise, services, or undeveloped spaces until those amounts have been deposited into the trust fund. The seller may continue to be the trustee of up to $500,000 that has been deposited into the trust fund, but the seller must retain an independent trustee for any amount of trust funds in excess of $500,000. A seller holding trust funds in excess of $500,000
[February 9, 2000] 72 process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller. The changes made by this amendatory Act of the 91st General Assembly are intended to clarify existing law regarding the inability of licensees to pledge the trust. (f) Because it is not known at the time of deposit or at the time that income is earned on the trust account to whom the principal and the accumulated earnings will be distributed, for purposes of determining the Illinois Income Tax due on these trust funds, the principal and any accrued earnings or losses relating to each individual account shall be held in suspense until the final determination is made as to whom the account shall be paid. (Source: P.A. 91-7, eff. 6-1-99.) (815 ILCS 390/18) (from Ch. 21, par. 218) Sec. 18. Remedies. (a) If for any reason a seller who has engaged in pre-need sales has refused, cannot or does not comply with the terms of the pre-need sales contract within a reasonable time after he is required to do so, the purchaser or his heirs or assigns or duly authorized representative shall have the right to a refund of an amount equal to the sales price paid for undelivered merchandise, services or spaces plus undistributed interest amounts held in trust attributable to such contract, within 30 days of the filing of a sworn affidavit with the trustee setting forth the existence of the contract and the fact of breach. A copy of this affidavit shall be filed with the Comptroller and the seller. In the event a seller is prevented from performing by strike, shortage of materials, civil disorder, natural disaster or any like occurrence beyond the control of the seller, the seller's time for performance shall be extended by the length of such delay. Nothing in this Section shall relieve any person
73 [February 9, 2000] section or sections of undeveloped ground or section of lawn crypts, mausoleums, garden crypts, columbariums or cemetery spaces in which sales are made within 3 years of the date of the first such sale. The seller shall give written notice to the Comptroller no later than 30 days after the first sale. Such notice shall include a description of the project. Once commenced, construction or development shall be pursued diligently to completion. The construction must be completed within 6 years of the first sale. If construction or development is not commenced or completed within the times specified herein, any purchaser may surrender and cancel the contract and upon cancellation shall be entitled to a refund of the actual amounts paid toward the purchase price plus interest attributable to such amount earned while in trust; provided however that any delay caused by strike, shortage of materials, civil disorder, natural disaster or any like occurrence beyond the control of the seller shall extend the time of such commencement and completion by the length of such delay. (b) At any time within 12 months of a purchaser's entering into a pre-need contract for undeveloped interment, entombment or inurnment spaces, a purchaser may surrender and cancel his or her contract and upon cancellation shall be entitled to a refund of the sales proceeds paid towards the undeveloped interment, entombment, or inurnment spaces
[February 9, 2000] 74 are not made available, upon the death of a purchaser or beneficiary, the heirs, assigns, or personal representative is entitled to a refund of the entire sales price paid plus undistributed interest attributable to such amount while in trust. (e) If the seller delivers a completed space acceptable to the heirs, assigns or personal representative of a purchaser or beneficiary, other than the temporary facilities specified herein, in lieu of the undeveloped space purchased, the seller shall provide the trustee with a delivery certificate and all sums deposited under the pre-need sales contract, including the undistributed income, shall be paid to the seller. (f) Upon completion of the phase, section or sections of the project as certified to the trustee by the seller and the contractor and delivery of the completed interment, entombment, or inurnment space to the purchaser, the trust fund requirements set forth herein shall terminate and all funds held in the preconstruction trust fund attributable to the completed phase, section or sections, including interest accrued thereon, shall be returned to the seller. (g) This Section shall not apply to the sale of undeveloped spaces if there has been any such sale in the same phase, section or sections of the project prior to the effective date of this Act. (Source: P.A. 91-357, eff. 7-29-99.) (815 ILCS 390/20) (from Ch. 21, par. 220) Sec. 20. Records. (a) Each licensee must keep accurate accounts, books and records in this State at the principal place of business identified in the licensee's license application or as otherwise approved by the Comptroller in writing of all transactions, copies of agreements, dates and amounts of payments made or received, the names and addresses of the contracting parties, the names and addresses of persons for whose benefit funds are received, if known, and the names of the trust depositories. Additionally, for a period not to exceed 6 months after the performance of all terms in a pre-need sales contract, the licensee shall maintain copies of each pre-need contract at the licensee branch location where the contract was entered. (b) Each licensee must maintain such records for a period of 3 years after the licensee shall have fulfilled his or her obligation under the pre-need contract or 3 years after any stored merchandise shall have been provided to the purchaser or beneficiary, whichever is later. (c) Each licensee shall submit reports to the Comptroller annually, under oath, on forms furnished by the Comptroller. The annual report shall contain, but shall not be limited to, the following: (1) An accounting of the principal deposit and additions of principal during the fiscal year. (2) An accounting of any withdrawal of principal or earnings. (3) An accounting at the end of each fiscal year, of the total amount of principal and earnings held. (d) The annual report shall be filed by the licensee with the Comptroller within 75 days after the end of the licensee's fiscal year. An extension of up to 60 days may be granted by the Comptroller, upon a showing of need by the licensee. Any other reports shall be in the form furnished or specified by the Comptroller. If a licensee fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the licensee a penalty of $5 for each and every day the licensee remains delinquent in submitting the annual report. Each report shall be accompanied by a check or money order in the amount of $10 payable to: Comptroller, State of Illinois. (e) On and after the effective date of this amendatory Act of the 91st General Assembly, a licensee may report all required information concerning the sale of outer burial containers on the licensee's annual report required to be filed under this Act and shall not be required to report that information under the Illinois Funeral or Burial Funds Act, as long as the information is reported under this Act.
75 [February 9, 2000] (Source: P.A. 91-7, eff. 1-1-2000.) (815 ILCS 390/22) (from Ch. 21, par. 222) Sec. 22. Cemetery Consumer Protection Fund. (a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be paid into a special income earning fund hereby created in the State Treasury, known as the Cemetery Consumer Protection Fund. The above said fees shall be remitted to the Comptroller semi-annually within 30 days after the end of June and December for all contracts that have been entered in such 6 month period. (b) All monies paid into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the State Treasury. The fund shall be used solely for the purpose of providing restitution to consumers who have suffered pecuniary loss arising out of pre-need sales. (c) The fund shall be applied only to restitution or completion of the project or delivery of the merchandise or services, where such has been ordered by the Circuit Court in a lawsuit brought under this Act by the Attorney General of the State of Illinois on behalf of the Comptroller and in which it has been determined by the Court that the obligation is non-collectible from the judgment debtor. Restitution shall not exceed the amount of the sales price paid plus interest at the statutory rate. The fund shall not be used for the payment of any attorney or other fees. (d) Whenever restitution is paid by the fund, the fund shall be subrogated to the amount of such restitution, and the Comptroller shall request the Attorney General to engage in all reasonable post judgment collection steps to collect said restitution from the judgment debtor and reimburse the fund. (e) The fund shall not be applied toward any restitution for losses in any lawsuit initiated by the Attorney General or Comptroller or with respect to any claim made on pre-need sales which occurred prior to the effective date of this Act. (f) The fund may not be allocated for any purpose other than that specified in this Act. (g) Notwithstanding any other provision of this Section, the payment of restitution from the fund shall be a matter of grace and not of right and no purchaser shall have any vested rights in the fund as a beneficiary or otherwise. Prior to seeking restitution from the fund, a purchaser or beneficiary seeking payment of restitution shall apply for restitution on a form provided by the Comptroller. The form shall include any information the Comptroller may reasonably require in order for the Court to determine that restitution or completion of the project or delivery of merchandise or service is appropriate. (h) Annually, the status of the fund shall be reviewed by the Comptroller, and if he determines that the fund together with all accumulated income earned thereon, equals or exceeds $10,000,000 and that the total number of outstanding claims filed against the fund is less than 10% of the fund's current balance, then payments to the fund shall be suspended until such time as the fund's balance drops below $10,000,000 or the total number of outstanding claims filed against the fund is more than 10% of the fund's current balance, but on such suspension, the fund shall not be considered inactive. (Source: P.A. 84-239.) (815 ILCS 390/23) (from Ch. 21, par. 223) Sec. 23. Violations and penalties. (a) Any person intentionally violating any provision of this Act is guilty of a Class 4 felony. (b) If any person violates this Act or fails or refuses to comply with any order of the Comptroller or any part thereof which to such person has become final and is still in effect, the Comptroller may, after notice and hearing at which it is determined that a violation of this Act or such order has been committed, further order that such person shall forfeit and pay to the State of Illinois a sum not to exceed $10,000
[February 9, 2000] 76 the Comptroller in the name of the people of the State of Illinois. (c) Whenever a license is revoked by the Comptroller, or the Comptroller determines that any person is engaged in pre-need sales without a license, he shall apply to the circuit court of the county where such person is located for a receiver to administer the business of such person. (d) Whenever a licensee fails or refuses to make a required report or whenever it appears to the Comptroller from any report or examination that such licensee has committed a violation of law or that the trust funds have not been administered properly or that it is unsafe or inexpedient for such licensee or the trustee of the trust funds of such licensee to continue to administer such funds or that any officer of such licensee or of the trustee of the trust funds of such licensee has abused his trust or has been guilty of misconduct or breach of trust in his official position injurious to such licensee or that such licensee has suffered as to its trust funds a serious loss by larceny, embezzlement, burglary, repudiation or otherwise, the Comptroller shall, by order, direct the discontinuance of such illegal, unsafe or unauthorized practices and shall direct strict conformity with the requirements of the law and safety and security in its transactions and may apply to the circuit court of the county where such licensee is located to prevent any disbursements or expenditures by such licensee until the trust funds are in such condition that it would not be jeopardized thereby and the Comptroller shall communicate the facts to the Attorney General of the State of Illinois who shall thereupon institute such proceedings against the licensee or its trustee or the officers of either or both as the nature of the case may require. (e) In addition to the other penalties and remedies provided in this Act, the Comptroller may bring a civil action
77 [February 9, 2000] least 21 days prior to the sale or transfer, notify the Comptroller, in writing, of the pending date of sale or transfer so as to permit the Comptroller to audit the books and records of the licensee. The audit must be commenced within 10 business days after the receipt of the notification and completed within the 21-day notification period unless the Comptroller notifies the licensee during that period that there is a basis for determining a deficiency which will require additional time to finalize. The sale or transfer may not be completed by the licensee unless and until: (i) the Comptroller has completed the audit of the licensee's books and records; (ii) any delinquency existing in the trust funds has been paid by the licensee, or arrangements satisfactory to the Comptroller have been made by the licensee on the sale or transfer for the payment of any delinquency; (iii) the Comptroller issues a license upon application of the new owner, which license must be applied for within 30 days after the anticipated date of the sale or transfer, subject to the payment of any delinquencies, if any, as stated in item (ii). For purposes of this Section, a person, firm, corporation, partnership, or institution that acquires the licensee through a real estate foreclosure is subject to the provisions of this Section. The sale or transfer of the controlling interest of a licensee to an immediate family member is not subject to the license application process required in item (iii) of this Section. Section 50. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. Section 99. Effective date. This Act takes effect January 1, 2001.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1137, having been printed, was taken up for consideration. Representative Boland moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. At the hour of 3:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, February 10, 2000, at 1:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
[February 9, 2000] 78 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE FEB 09, 2000 0 YEAS 0 NAYS 118 PRESENT P ACEVEDO P FOWLER P LINDNER P REITZ P BASSI P FRANKS P LOPEZ P RIGHTER P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRY P SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK P MORROW P STEPHENS P COWLISHAW P HOWARD P MULLIGAN P STROGER P CROSS P HULTGREN P MURPHY P TENHOUSE P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRY P JONES,JOHN P O'BRIEN P WAIT P DANIELS P JONES,LOU P O'CONNOR P WINKEL P DART P JONES,SHIRLEY P OSMOND P WINTERS P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK P DELGADO P KOSEL P PARKE P WOOLARD P DURKIN P KRAUSE P PERSICO P YOUNGE P ERWIN P LANG P POE P ZICKUS P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER P FLOWERS P LEITCH
79 [February 9, 2000] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3114 ANNUAL STIPND-CORONER THIRD READING PASSED FEB 09, 2000 88 YEAS 29 NAYS 0 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y REITZ N BASSI N FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO A BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU N WOJCIK N DELGADO N KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[February 9, 2000] 80 NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3138 TRANSIENT MERCHANT-RECEIPTS THIRD READING PASSED FEB 09, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
81 [February 9, 2000] NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3176 VEH CD-DISABILITIES PARKING THIRD READING PASSED FEB 09, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[February 9, 2000] 82 NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3201 SEX ASSAULT SURVIVOR-TREATMENT THIRD READING PASSED FEB 09, 2000 76 YEAS 42 NAYS 0 PRESENT Y ACEVEDO N FOWLER Y LINDNER N REITZ Y BASSI N FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT N LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY N HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH N CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
83 [February 9, 2000] NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3260 UNEMP INS-EMPLOYEE LEASING CO THIRD READING PASSED FEB 09, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[February 9, 2000] 84 NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3312 VIETNAM VET LICENSE PLATES THIRD READING PASSED FEB 09, 2000 116 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
85 [February 9, 2000] NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3424 MUNI CD-TEMPORARY APPOINTMENT THIRD READING PASSED FEB 09, 2000 115 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK N 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,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[February 9, 2000] 86 NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 709 DPA-ABORTION LIMITATIONS SECOND READING - AMENDMENT N0. 7 LOST FEB 09, 2000 52 YEAS 65 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER N REITZ Y BASSI N FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT N LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS N SAVIANO N BLACK Y GIGLIO N MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST N GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS N McGUIRE N SCULLY N BRADY N HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS N MEYER Y SILVA N BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER N BUGIELSKI N HASSERT N MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH N CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN N MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU P O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE N WOOLARD N DURKIN Y KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH N MR. SPEAKER Y FLOWERS N LEITCH
87 [February 9, 2000] NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 709 DPA-ABORTION LIMITATIONS FISCAL NOTE ACT DOES NOT APPLY PREVAILED VERIFIED ROLL CALL FEB 09, 2000 60 YEAS 57 NAYS 0 PRESENT N ACEVEDO Y FOWLER N LINDNER Y REITZ N BASSI Y FRANKS N LOPEZ Y RIGHTER N BEAUBIEN N FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH N MATHIAS N SAVIANO Y BLACK N GIGLIO N MAUTINO Y SCHMITZ N BOLAND N GILES Y McAULIFFE N SCHOENBERG Y BOST A GRANBERG Y McCARTHY N SCOTT N BRADLEY N HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG N McKEON Y SHARP Y BROSNAHAN N HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRY N SLONE N BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER N COULSON Y HOLBROOK N MORROW Y STEPHENS Y COWLISHAW N HOWARD N MULLIGAN N STROGER N CROSS Y HULTGREN N MURPHY Y TENHOUSE N CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART N CURRIE Y JOHNSON,TOM N NOVAK Y TURNER,JOHN N CURRY Y JONES,JOHN N O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL N DART N JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE N KENNER N OSTERMAN Y WIRSING N DAVIS,STEVE N KLINGLER Y PANKAU Y WOJCIK N DELGADO N KOSEL Y PARKE Y WOOLARD Y DURKIN N KRAUSE N PERSICO N YOUNGE N ERWIN N LANG Y POE Y ZICKUS N FEIGENHOLTZ Y LAWFER N PUGH Y MR. SPEAKER N FLOWERS Y LEITCH