STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
97TH LEGISLATIVE DAY
TUESDAY, FEBRUARY 22, 2000
1:00 O'CLOCK P.M.
NO. 97
[February 22, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 97th Legislative Day Action Page(s) Adjournment........................................ 61 Change of Sponsorship.............................. 7 Committee on Rules Referrals....................... 5 Correctional Budget & Impact Notes Requested....... 6 Fiscal Notes Requested............................. 6 Fiscal Notes Supplied.............................. 6 Home Rule Note Requested........................... 6 Housing Affordability Impact Note Requested........ 7 Judicial Notes Requested........................... 6 Judicial Notes Supplied............................ 6 Quorum Roll Call................................... 4 State Debt Impact Notes Supplied................... 6 State Mandate Notes Requested...................... 6 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 1776 Committee Report-Floor Amendment/s................. 5 HB 1776 Second Reading..................................... 60 HB 2880 Second Reading..................................... 7 HB 2888 Second Reading..................................... 7 HB 2899 Second Reading..................................... 7 HB 2947 Third Reading...................................... 45 HB 2949 Third Reading...................................... 45 HB 2961 Second Reading - Amendment/s....................... 7 HB 2970 Third Reading...................................... 46 HB 2979 Third Reading...................................... 60 HB 2985 Committee Report-Floor Amendment/s................. 5 HB 2985 Second Reading - Amendment/s....................... 16 HB 3009 Committee Report-Floor Amendment/s................. 5 HB 3009 Second Reading - Amendment/s....................... 21 HB 3037 Second Reading - Amendment/s....................... 8 HB 3049 Committee Report-Floor Amendment/s................. 5 HB 3049 Second Reading - Amendment/s....................... 23 HB 3093 Second Reading - Amendment/s....................... 9 HB 3106 Second Reading - Amendment/s....................... 8 HB 3112 Second Reading..................................... 7 HB 3117 Second Reading - Amendment/s....................... 9 HB 3119 Third Reading...................................... 60 HB 3126 Third Reading...................................... 46 HB 3169 Second Reading - Amendment/s....................... 32 HB 3180 Third Reading...................................... 60 HB 3205 Third Reading...................................... 46 HB 3223 Second Reading - Amendment/s....................... 13 HB 3225 Second Reading - Amendment/s....................... 44 HB 3286 Third Reading...................................... 46 HB 3287 Committee Report-Floor Amendment/s................. 5 HB 3287 Second Reading - Amendment/s....................... 25 HB 3293 Third Reading...................................... 46 HB 3309 Second Reading - Amendment/s....................... 31 HB 3315 Committee Report-Floor Amendment/s................. 5 HB 3315 Second Reading - Amendment/s....................... 28 HB 3319 Second Reading..................................... 7 HB 3420 Committee Report-Floor Amendment/s................. 5 HB 3420 Second Reading - Amendment/s....................... 58 HB 3428 Second Reading - Amendment/s....................... 38 HB 3430 Second Reading..................................... 7
3 [February 22, 2000] Bill Number Legislative Action Page(s) HB 3435 Committee Report-Floor Amendment/s................. 5 HB 3435 Second Reading - Amendment/s....................... 29 HB 3455 Second Reading - Amendment/s....................... 9 HB 3465 Second Reading - Amendment/s....................... 59 HB 3485 Committee Report-Floor Amendment/s................. 5 HB 3485 Second Reading - Amendment/s....................... 28 HB 3538 Committee Report-Floor Amendment/s................. 5 HB 3538 Second Reading - Amendment/s....................... 32 HB 3558 Third Reading...................................... 46 HB 3559 Second Reading..................................... 45 HB 3636 Second Reading..................................... 7 HB 3831 Committee Report-Floor Amendment/s................. 5 HB 3831 Second Reading - Amendment/s....................... 29 HB 3841 Committee Report-Floor Amendment/s................. 5 HB 3841 Second Reading - Amendment/s....................... 31 HB 3850 Second Reading..................................... 7 HB 3852 Second Reading - Amendment/s....................... 11 HB 3859 Third Reading...................................... 46 HB 3861 Second Reading - Amendment/s....................... 12 HB 3880 Third Reading...................................... 45 HB 3881 Second Reading..................................... 7 HB 3901 Second Reading..................................... 7 HB 3979 Second Reading - Amendment/s....................... 33 HB 3981 Second Reading - Amendment/s....................... 14 HB 3986 Second Reading..................................... 7 HB 3987 Committee Report................................... 7 HB 3989 Second Reading..................................... 7 HB 3993 Second Reading..................................... 7 HB 3995 Second Reading - Amendment/s....................... 39 HB 4029 Second Reading..................................... 7 HB 4030 Second Reading..................................... 7 HB 4043 Second Reading - Amendment/s....................... 47 HB 4072 Second Reading..................................... 7 HB 4092 Second Reading..................................... 7 HB 4093 Second Reading - Amendment/s....................... 38 HB 4116 Second Reading..................................... 7 HB 4138 Second Reading..................................... 7 HB 4160 Second Reading - Amendment/s....................... 47 HB 4161 Second Reading..................................... 7 HB 4265 Second Reading..................................... 7 HB 4266 Second Reading - Amendment/s....................... 36 HB 4267 Second Reading..................................... 7 HB 4280 Second Reading..................................... 7 HB 4300 Second Reading..................................... 7 HB 4340 Second Reading - Amendment/s....................... 34 HB 4341 Second Reading - Amendment/s....................... 59 HB 4347 Second Reading - Amendment/s....................... 36 HB 4449 Motion Submitted................................... 6 HB 4450 Second Reading..................................... 7 HB 4466 Second Reading..................................... 7 HB 4483 Second Reading - Amendment/s....................... 38 HB 4562 Committee Report................................... 7 HB 4563 Committee Report................................... 7 HB 4564 Committee Report................................... 7 HB 4565 Committee Report................................... 7 HB 4593 Second Reading - Amendment/s....................... 45 HB 4651 Second Reading - Amendment/s....................... 48 SB 0563 Committee Report-Floor Amendment/s................. 5 SB 0563 Second Reading - Amendment/s....................... 30
[February 22, 2000] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend David Constien with the Immanuel Lutheran Church in Mokena, Illinois. Representative Hartke led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Brosnahan, Hassert and Stroger were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Flowers replaced Representative Scott, Representative McCarthy replaced Representative Hamos, and Representative Currie replaced Representative Hoffman in the Committee on Judiciary I-Civil Law on February 16, 2000. Representative Steve Davis replaced Representative Morrow in the Committee on Electric Utility Deregulation on February 16, 2000. Representative Hannig replaced Representative Kenner, Representative Franks replaced Representative Slone, and Representative Scully replaced Representative Slone in the Committee on Appropriations-General Services on February 16, 2000. Representative Hannig replaced Representative Fritchey in the Committee on Executive on February 16, 2000. Representative Lopez replaced Representative Acevedo in the Committee on Local Government on February 16, 2000. Representative Scully replaced Representative Stroger in the Committee on Environment & Energy on February 16, 2000. Representative Hamos replaced Representative Lang in the Committee on State Government Administration on February 16, 2000. Representative Mautino replaced Representative O'Brien in the Committee on Elementary & Secondary Education on February 16, 2000. Representative Granberg replaced Representative Shirley Jones, Representative Fowler replaced Representative Stroger, Representative Lang replaced Representative Slone, and Representative McKeon replaced Representative Stroger in the Committee on Labor & Commerce on February 16, 2000. Representative Hoeft replaced Representative Brady in the Committee on Child Support Enforcement on February 16, 2000. Representative Cross replaced Representative Klingler, and Representative Black replaced Representative Klingler in the Committee on Judiciary I-Civil Law on February 16, 2000. Representative Tenhouse replaced Representative O'Connor in the Committee on Tobacco Settlement Proceeds Distribution on February 17, 2000. Representative Bassi replaced Representative John Turner in the Committee on Judiciary II-Criminal Law on February 17, 2000. Representative Kosel replaced Representative Turner in the Committee on Aging on February 17, 2000. Representative Delgado replaced Representative Harris in the Committee on Consumer Protection on February 17, 2000. Representative Pugh replaced Representative Scully, and Representative Howard replaced Representative O'Brien in the Committee on Judiciary II-Criminal Law on February 17, 2000. Representative John Jones replaced Representative McAuliffe, and Representative Hamos replaced Representative Slone in the Committee on Urban Revitalization on February 17, 2000. Representative Mautino replaced Representative O'Brien, and Representative Mautino replaced Representative Garrett in the Committee on Elementary & Secondary Education on February 17, 2000. Representative Steve Davis replaced Representative Slone,
5 [February 22, 2000] Representative Granberg replaced Representative Acevedo, Representative Reitz replaced Representative Howard, Representative Boland replaced Representative Shirley Jones, Representative Smith replaced Representative Slone, and Representative Lang replaced Representative Stroger in the Committee on Labor & Commerce on February 17, 2000. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 1 and 2 to HOUSE BILL 1776. Amendment No. 2 to HOUSE BILL 2985. Amendment No. 1 to HOUSE BILL 3009. Amendment No. 2 to HOUSE BILL 3049. Amendments numbered 1 and 2 to HOUSE BILL 3287. Amendment No. 2 to HOUSE BILL 3315. Amendment No. 1 to HOUSE BILL 3420. Amendment No. 1 to HOUSE BILL 3435. Amendment No. 1 to HOUSE BILL 3485. Amendment No. 1 to HOUSE BILL 3538. Amendment No. 3 to HOUSE BILL 3831. Amendment No. 1 to HOUSE BILL 3841. Amendment No. 2 to SENATE BILL 563. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse Y 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 Amendment 1 to HOUSE BILL 2992. Committee on Elections & Campaign Reform: House Amendment 1 to HOUSE BILL 3404. Committee on Elementary & Secondary Education: House Amendment 1 to HOUSE BILL 3402 and House Amendment 1 to HOUSE BILL 3840. Committee on Human Services: House Amendment 2 to HOUSE BILL 2962 and House Amendments 1 and 2 to HOUSE BILL 4021. Committee on Judiciary II-Criminal Law: House Amendment 2 to HOUSE BILL 3113 and House Amendment 1 to HOUSE BILL 4231. Committee on Labor & Commerce: House Amendment 2 to HOUSE BILL 3157. Committee on Local Government: House Amendment 1 to HOUSE BILL 3132. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 4284 and House Amendments 6, 7 and 8 to SENATE BILL 452. Committee on Revenue: House Amendment 1 to HOUSE BILL 4409. Committee on State Procurement: House Amendment 2 to HOUSE BILL 3482. MOTIONS SUBMITTED
[February 22, 2000] 6 Representative Tim Johnson submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of HOUSE BILL 4449 and advance to the order of Second Reading-Standard Debate. REQUEST FOR FISCAL NOTES Representative Tenhouse requested that Fiscal Notes be supplied for HOUSE BILLS 1776, as amended, 2884, as amended, 2932, 2961, as amended, 2985, as amended, 2993, as amended, 3049, as amended, 3177, 3221, 3229, as amended, 3254, 3261, 3267, 3309, as amended, 3360, as amended, 3500, as amended, 3838, as amended, 3840, 3899, as amended, 3911, 3966, as amended, 3980, as amended, 4017, as amended, 4030, 4039, as amended, 4124, 4341, as amended, 4349, as amended, 4351, 4651 as amended and 4693. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 2958, as amended, 3007, as amended, 3009, as amended, 3053, 3239, 3535, 3831, as amended, 3859, 3901, 3951, as amended, 4407, 4263, 4466, 4609 and 4611. REQUEST FOR STATE MANDATE NOTES Representative Tenhouse requested that State Mandate Notes be supplied for HOUSE BILLS 2884, as amended, 2961, as amended, 3009, as amended, 3177, 3966, as amended, 4349, as amended, 4351, 4431, as amended and 4651, as amended. REQUEST FOR JUDICIAL NOTES Representative Tenhouse requested that Judicial Notes be supplied for HOUSE BILLS 1776, as amended, 2997, as amended and 4039, as amended. JUDICIAL NOTES SUPPLIED Judicial Notes have been supplied for HOUSE BILLS 3239, 3935, 4336, 4407 and 4480. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTES Representative Tenhouse requested that Correctional Budget & Impact Notes be supplied for HOUSE BILLS 2884, as amended, 3221, 3899, as amended, 3911, 4039, as amended, 4124 and 4148. REQUEST FOR HOME RULE NOTE Representative Tenhouse requested that a Home Rule Note be supplied for HOUSE BILL 4431, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Notes have been supplied for HOUSE BILLS 3423 and 4525.
7 [February 22, 2000] REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Tenhouse requested that a Housing Affordability Impact Note be supplied for HOUSE BILL 4351. REPORTS FROM STANDING COMMITTEES Representative Curry, Chairperson, from the Committee on Appropriations-Elementary & Secondary Education 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 -- Standard Debate: HOUSE BILL 4564. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 3987 and 4563. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4562 and 4565. The committee roll call vote on HOUSE BILLS 3987, 4563 and 4564 is as follows: 8, Yeas; 6, Nays; 0, Answering Present. Y Curry, Julie, Chair N Meyer Y Acevedo N Mitchell, Jerry, Spkpn N Coulson Y Murphy (Hannig) Y Delgado N O'Connor N Johnson, Tom Y Silva N Lawfer Y Slone Y Lopez A Tenhouse Y Younge The committee roll call vote on HOUSE BILLS 4562 and 4565 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Curry, Julie, Chair A Meyer A Acevedo Y Mitchell, Jerry, Spkpn Y Coulson Y Murphy (Hannig) Y Delgado Y O'Connor Y Johnson, Tom Y Silva Y Lawfer Y Slone Y Lopez A Tenhouse Y Younge CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Lawfer asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3559. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Brady asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4231. 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 2880, 2888, 2899, 3112, 3319, 3430, 3636, 3850, 3881, 3901, 3986, 3989, 3993, 4029, 4030, 4072, 4092, 4116, 4138, 4161, 4265, 4267, 4280, 4300, 4466 and 4450. HOUSE BILL 2961. Having been printed, was taken up and read by title a second time.
[February 22, 2000] 8 The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2961 AMENDMENT NO. 1. Amend House Bill 2961 on page 15, line 27, by replacing "any" with "the 2000-2001". 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 3037. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3037 AMENDMENT NO. 1. Amend House Bill 3037 as follows: on page 15, by replacing line 24 with the following: "
9 [February 22, 2000] HOUSE BILL 3093. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3093 AMENDMENT NO. 1. Amend House Bill 3093 by replacing line 29 on page 1 through line 1 on page 2 with the following: "(b) No person, State agency, or unit of local government, except a unit of local government with a population greater than 500,000, may clear cut, as defined by rule by the Department of Natural Resources, trees within 15 yards of waters listed by the Department under Section 5 as navigable, except as follows: (1) for the purpose of improving, maintaining, repairing, constructing, and reconstructing any highway, road, bridge, culvert, drainage structure, drainage facility, or grade separation under the jurisdiction of any road district, highway commissioner, or drainage district; (2) for maintenance and improvement of drainage of or on agricultural land, for which trees may be clear cut or removed; and (3) for the purpose of maintaining electric utility lines. The Department of Agriculture may (i) assist and advise the Trees Forever Illinois Buffer Initiative; (ii) give general advice and guidance to the Trees Forever Illinois Buffer Initiative regarding the State agencies and State resources of relevance to implementation of the program; and (iii) aid in the promotion of and public dissemination of information about the Trees Forever Illinois Buffer Initiative.". 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 3117. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Health Care Availability & Access, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3117 AMENDMENT NO. 1. Amend House Bill 3117 on page 1, line 12, by replacing "plan." with "plan. The contract shall include, but not be limited to, terms and conditions that will ensure that pharmacy providers have continuous access, 24 hours a day, 7 days a week, to confirmation of pharmaceutical benefits covered by the health care plan."; and on page 2 by deleting lines 1 through 5; and on page 2 by inserting immediately below line 6 the following: "Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3455. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3455 AMENDMENT NO. 1. Amend House Bill 3455, on page 1, line 6, by
[February 22, 2000] 10 replacing "Section 17" with "Sections 17, 18, and 27"; and on page 1, immediately below line 22, by inserting the following: "(225 ILCS 37/18) Sec. 18. Board of Environmental Health Practitioners. The Board of Environmental Health Practitioners is created and shall exercise its duties as provided in this Act. The Board shall consist of 7 members appointed by the Director. Of the 7 members, 4 shall be environmental health practitioners, one a Public Health Administrator who meets the minimum qualifications for public health personnel employed by full time local health departments as prescribed by the Illinois Department of Public Health and is actively engaged in the administration of a local health department within this State, one full time professor teaching in the field of environmental health practice, and one member of the general public. In making the appointments to the Board, the Director shall consider the recommendations of related professional and trade associations including the Illinois Environmental Health Association and the Illinois Public Health Association and of the Director of Public Health. Each of the environmental health practitioners shall have at least 5 years of full time employment in the field of environmental health practice before the date of appointment. Each appointee filling the seat of an environmental health practitioner appointed to the Board must be licensed under this Act, however, in appointing the environmental health practitioner members of the first Board, the Director may appoint any environmental health practitioner who possesses the qualifications set forth in Section 20 of this Act. Of the initial appointments, 3 members shall be appointed for 3-year terms, 2 members for 2-year terms, and 2 members for one-year terms. Each succeeding member shall serve for a 3-year term. No member shall be reappointed for
11 [February 22, 2000] resume active status. The Board may require the person to complete a period of evaluated clinical experience and successful completion of a practical examination. However, a person whose license expired while (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State Militia or (ii) in training or education under the supervision of the United States, preliminary to induction into the military service may have his or her license renewed or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of the service, training, or education, except under conditions other than honorable, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been terminated. (d) A person who notifies the Department, in writing on forms prescribed by the Department, may place his or her license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department, in writing, of the intention to resume active practice. (e) A person requesting his or her license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements. (f) An environmental health practitioner whose license is not renewed or whose license is on inactive status shall not engage in the practice of environmental health in the State of Illinois or use the title or advertise that he or she performs the services of a "licensed environmental health practitioner". (g) A person violating subsection (f) of this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Act. (h) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment. (Source: P.A. 89-61, eff. 6-30-95.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3852. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3852 AMENDMENT NO. 1. Amend House Bill 3852, on page 3, by replacing lines 6 through 17 with the following: "on the real estate under this Section. However, the municipality has no preference over the rights of any purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the filing of the notice of such a lien in the office of the recorder of the county in which such real estate is located, or in the office of the registrar of titles of such county if the property affected is registered under "An Act concerning land titles", approved May 1, 1897, as amended. This notice shall consist of a sworn"; and on page 3, by replacing lines 30 through 33 with the following: "services were rendered. Moneys collected on account of"; and on page 6, by replacing lines 22 through 32 with the following: "on the real estate under this Section. Nothing in this Section shall be construed to give the sanitary district a preference over the rights
[February 22, 2000] 12 of any purchaser, mortgagee, judgment creditor or other lien holder arising prior to the filing in the office of the recorder of the county in which such real estate is located, or in the office of the registrar of titles of such county if the property affected is registered under the Torrens System, of notice of said lien. The notice"; and on page 7, by replacing lines 13 through 16 with the following: "the premises to which the services were rendered."; and by replacing lines 32 through 34 on page 9 and lines 1 through 9 on page 10 with the following: "Section. Nothing in this Section shall be construed to give the municipality a preference over the rights of any purchaser, mortgagee, judgment creditor or other lien holder arising prior to the filing in the office of the recorder of the county in which such real estate is located, or in the office of the registrar of titles of such county if the property affected is registered under "An Act concerning land titles", approved May 1, 1897, as amended, of notice of the lien. The notice shall consist of a sworn statement"; and on page 10, by replacing lines 23 through 26 with the following: "the premises to which the services were rendered."; and on page 13, by replacing lines 6 through 16 with the following: "estate under this Section. Nothing in this Section shall be construed to give the sanitary district a preference over the rights of any purchaser, mortgagee, judgment creditor or other lien holder arising prior to the filing in the office of the recorder of the county in which such real estate is located, or in the office of the registrar of titles of such county if the property affected is registered under the Torrens System, of notice of said lien. The notice"; and by replacing lines 32 through 34 on page 13 and line 1 on page 14 with the following: "services were rendered. Moneys collected on account of". 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 3861. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Agriculture & Conservation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3861 AMENDMENT NO. 1. Amend House Bill 3861 on page 1, lines 1 and 2, by replacing "Section 2.26" with "Sections 2.11 and 2.26"; and on page 1, line 6, by replacing "Section 2.26" with "Sections 2.11 and 2.26"; and on page 1, by inserting below line 6 the following: "(520 ILCS 5/2.11) (from Ch. 61, par. 2.11) Sec. 2.11. Before any person may lawfully hunt wild turkey, he shall first obtain a "Wild Turkey Hunting Permit" in accordance with the prescribed regulations set forth in an administrative rule of the Department. The fee for a Resident Wild Turkey Hunting Permit shall not exceed $15. Upon submitting suitable evidence of legal residence in any other state, non-residents shall be charged a fee not to exceed $75 for wild turkey hunting permits, except as provided below for non-resident land owners. Permits shall be issued without charge to: (a) Illinois landowners residing in Illinois who own at least 40 acres of Illinois land and wish to hunt on their land only, (b) resident tenants of at least 40 acres of commercial agricultural land, and (c) shareholders of a corporation which owns at least 40 acres of land in a county in Illinois who wish to hunt on the corporation's land only. One permit shall be issued without charge
13 [February 22, 2000] to one shareholder for each 40 acres of land owned by the corporation in a county; however, the number of permits issued without charge to shareholders of any corporation in any county shall not exceed 15. The turkey hunting permit issued without fee shall be valid on all lands upon which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued without charge to a shareholder of a corporation, the permit shall be valid on all lands owned by the corporation in the county. The Department may by administrative rule allocate and issue non-resident Wild Turkey Permits and establish fees for such permits.
[February 22, 2000] 14 order of Third Reading. HOUSE BILL 3981. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3981 AMENDMENT NO. 1. Amend House Bill 3981 by replacing the title with the following: "AN ACT to amend the Higher Education Student Assistance Act by adding Section 65.57."; and by replacing everything after the enacting clause with the following: "Section 5. The Higher Education Student Assistance Act is amended by adding Section 65.57 as follows: (110 ILCS 947/65.57 new) Sec. 65.57. The Higher Education for Real Opportunities Pilot Program. (a) In this Section: "Accredited" means that an institution of post-secondary education is authorized to do business as an educational institution in this State by the Board of Higher Education and is eligible to dispense federal and State need-based student aid under the laws governing such aid. "Institution of post-secondary education" means an accredited school or program that provides educational services and offers courses of study that require, as a prerequisite, that students have a high school diploma or an equivalency certificate. This term includes accredited community colleges, colleges, universities, and vocational training programs and institutions. "Low-income" means that a person is a member of a household of one or more related individuals in which the monthly income of all adult members is such that the family is income-eligible for a State subsidy for child care in the child care program operated by the Department of Human Services. "Post-secondary education" means education at an institution of post-secondary education. "Supporting minor children" means that a student is either (i) the custodial parent of a minor child, as defined by State law, or (ii) the noncustodial parent of a minor child whose parentage is established under State law and who is making current monthly child support payments to the extent required by a child support order. (b) The Higher Education for Real Opportunities Pilot Program is hereby created. The purpose of the program is to improve the ability of low-income adults who are supporting minor children to acquire, through post-secondary education, the skills necessary to qualify for higher paying job opportunities. In addition, this program seeks to improve the ability of this State to produce workers with skills needed by employers in the current economy. (c) The program shall provide grants to support the pursuit of post-secondary education by low-income adults who are supporting minor children. The program shall be administered by the Commission through the financial aid offices of participating institutions of post-secondary education. The Commission shall operate the program in 3 locations, one of which shall be in a city with a population of more than 1,000,000. In each location, the Commission shall select for participation in the program (i) one accredited college or university and (ii) one or more other accredited institutions of post-secondary education. The program shall operate for 3 school years, beginning with the fall term of 2000 and extending through the end of the spring term of 2003. (d) Students who meet all of the following eligibility requirements, as calculated and determined at the beginning of each term by the financial aid office of the participating institution of
15 [February 22, 2000] post-secondary education and periodically thereafter as specified by the Commission by rule, are eligible for grants under the program. (1) The student must be a low-income adult. Current receipt of a child care subsidy under the child care program operated by the Department of Human Services shall be prima facie proof that the student is a low-income adult. In other cases, financial eligibility shall be determined by the same rules used by the Department of Human Services for determining eligibility for a child care subsidy. No federal or State student assistance shall count as income under this subdivision (1), except to the extent that the assistance is not a loan and is available to the student to pay for living expenses at the student's discretion. For purposes of this subdivision (1), lump sum amounts made available to students for living expenses during a school term shall be prorated to monthly amounts for the months of the school term covered by the student assistance. (2) The student must be supporting at least one minor child. (3) The student must meet the work requirement established under this subdivision (3), unless the student is a custodial parent who is attending an institution of post-secondary education on a full time basis. Unless the institution of post-secondary education defines the term otherwise, "full time" means a course load of at least 12 credit hours or the equivalent. The work requirement shall consist of paid employment or self-employment. College work-study or other paid campus employment is employment under this subdivision (3). There is no work requirement for the first 24 months of a post-secondary vocational training program. In any additional months, the work requirement is 20 hours per week. The work requirement for 2-year or 4-year degree programs is 10 hours per week. This work requirement may also be met with 20 hours per week of unpaid campus employment, such as student teaching, internships, or practicums, or any combination of paid and unpaid work totaling 20 hours per week. (4) The student must not be receiving cash public assistance under any need-based program under the Illinois Public Aid Code. (5) The student must have a high school diploma or an equivalency certificate, and the student may not already have a bachelor's degree. (6) The student must not have earned more than the maximum amount allowed for eligibility for a State child care subsidy, under the child care program operated by the Department of Human Services, in either of the 2 tax years for which returns were to have been filed prior to the commencement of the school term, as evidenced by State tax returns or other comparable evidence as specified by rule. (7) To be eligible in his or her first term, the student must be accepted by the participating institution of post-secondary education under its normal acceptance criteria. To be eligible thereafter, the student must maintain at least a 2.0 cumulative grade point average, on a 4.0 point scale, calculated at the conclusion of the most recently completed term. The Commission shall provide, by rule, a method by which institutions of post-secondary education that do not have a 4.0 scale or that do not grade on a traditional grade point scale shall determine an equivalent measure by which the student can meet this requirement. (8) The student must be enrolled at a participating institution of post-secondary education at least half time, as defined by the institution of post-secondary education. (e) The following grants shall be paid to eligible students under the program: (1) An amount each term to cover the actual cost of required books and supplies or $400, whichever is less. The institution of post-secondary education may pay this amount in cash, vouchers, credit arrangements with the institutional bookstore, or any other means approved by the Commission. This grant is available for all school terms during the program's existence. If the program is
[February 22, 2000] 16 extended or made into a permanent program, this grant shall be available for a maximum of 8 regular school year semesters and 3 summer terms or the equivalent for institutions of post-secondary education that use different schedules, as determined by the Commission by rule. (2) A monthly cash stipend according to family size. The amount shall be equal to one-third of the monthly federal poverty level for the various family sizes. An updated schedule of these amounts shall be published each year by the Commission. This grant shall be available in months in which students are eligible throughout the program's existence. If the program is extended or made into a permanent program, this grant shall be available for a maximum of 40 months, which need not be consecutive. (f) Notwithstanding any other provision of State law, as to any month in which the student qualifies for a grant under the program, the student shall be eligible for a State subsidy for child care, subject to all other rules and procedures for that child care program. Grants under this Section shall be treated the same as other State student assistance for purposes of eligibility for medical assistance under the Illinois Public Aid Code. Grants under this Section may not be counted to reduce the amount of student assistance the student would receive under other State student aid programs in the absence of the program created under this Section. State and federal student assistance available in cash for the basic living expenses of the student may be counted in determining the student's eligibility for grants under the program, but not in determining the amount of assistance for eligible students under the program. (g) The Commission shall submit an interim report to the Governor and the General Assembly by December 1, 2002, covering the first 2 years of the program and any portion of the third year that is feasible to be included. The Commission shall submit a final report to the Governor and the General Assembly by September 1, 2003. The report shall include information on the number of students served each term, the methods of administration, the impact of the grants on completion of schooling, the performance of grant recipients in obtaining employment after completion of studies, and any other information relevant to the decision on whether to renew, expand, or terminate the program upon expiration of the program. (h) The Commission shall adopt rules and procedures for the administration of the program by financial aid offices of participating institutions of post-secondary education, enter into such inter-agency agreements as may aid in administration, and administer the program consistently with other State student assistance programs. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2985. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2985 AMENDMENT NO. 1. Amend House Bill 2985 by replacing the title with the following: "AN ACT to amend the School Code by changing Section 1D-1 and adding Section 2-3.51a."; and by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 1D-1 and adding Section 2-3.51a as follows: (105 ILCS 5/1D-1)
17 [February 22, 2000] Sec. 1D-1. Block grant funding. (a) For fiscal year 1996 and each fiscal year thereafter, the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants a general education block grant and an educational services block grant, determined as provided in this Section, in lieu of distributing to the district separate State funding for the programs described in subsections (b) and (c). The provisions of this Section, however, do not apply to any federal funds that the district is entitled to receive. In accordance with Section 2-3.32, all block grants are subject to an audit. Therefore, block grant receipts and block grant expenditures shall be recorded to the appropriate fund code for the designated block grant. (b) The general education block grant shall include the following programs: REI Initiative, Preschool At Risk, K-6 Comprehensive Arts, School Improvement Support, Urban Education, Scientific Literacy, Substance Abuse Prevention, Second Language Planning, Staff Development, Outcomes and Assessment, K-6 Reading Improvement, 6-12 Continued Reading Improvement, Truants' Optional Education, Hispanic Programs, Agriculture Education, Gifted Education, Parental Education, Prevention Initiative, Report Cards, and Criminal Background Investigations. Notwithstanding any other provision of law, all amounts paid under the general education block grant from State appropriations to a school district in a city having a population exceeding 500,000 inhabitants shall be appropriated and expended by the board of that district for any of the programs included in the block grant or any of the board's lawful purposes. (c) The educational services block grant shall include the following programs: Bilingual, Regular and Vocational Transportation, State Lunch and Free Breakfast Program, Special Education (Personnel, Extraordinary, Transportation, Orphanage, Private Tuition), Summer School, Educational Service Centers, and Administrator's Academy. This subsection (c) does not relieve the district of its obligation to provide the services required under a program that is included within the educational services block grant. It is the intention of the General Assembly in enacting the provisions of this subsection (c) to relieve the district of the administrative burdens that impede efficiency and accompany single-program funding. The General Assembly encourages the board to pursue mandate waivers pursuant to Section 2-3.25g. (d) For fiscal year 1996 and each fiscal year thereafter, the amount of the district's block grants shall be determined as follows: (i) with respect to each program that is included within each block grant, the district shall receive an amount equal to the same percentage of the current fiscal year appropriation made for that program as the percentage of the appropriation received by the district from the 1995 fiscal year appropriation made for that program, and (ii) the total amount that is due the district under the block grant shall be the aggregate of the amounts that the district is entitled to receive for the fiscal year with respect to each program that is included within the block grant that the State Board of Education shall award the district under this Section for that fiscal year. (e) The district is not required to file any application or other claim in order to receive the block grants to which it is entitled under this Section. The State Board of Education shall make payments to the district of amounts due under the district's block grants on a schedule determined by the State Board of Education. (f) A school district to which this Section applies shall report to the State Board of Education on its use of the block grants in such form and detail as the State Board of Education may specify. (g) This paragraph provides for the treatment of block grants under Article 1C for purposes of calculating the amount of block grants for a district under this Section. Those block grants under Article IC are, for this purpose, treated as included in the amount of appropriation for the various programs set forth in paragraph (b) above. The appropriation in each current fiscal year for each block grant under Article 1C shall be treated for these purposes as
[February 22, 2000] 18 appropriations for the individual program included in that block grant. The proportion of each block grant so allocated to each such program included in it shall be the proportion which the appropriation for that program was of all appropriations for such purposes now in that block grant, in fiscal 1995. (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-566, eff. 1-2-98; 90-653, eff. 7-29-98.) (105 ILCS 5/2-3.51a new) Sec. 2-3.51a. Continued Reading Improvement Block Grant Program. To improve the reading and study skills of children from sixth through twelfth grade in school districts. The State Board of Education is authorized to administer a Continued Reading Improvement Block Grant Program. As used in this Section, "school district" includes those schools designated as laboratory schools. (a) Funds for the Continued Reading Improvement Block Grant Program shall be distributed to school districts on the following basis: 70% of moneys shall be awarded on the prior year's best 3 months average daily attendance and 30% shall be distributed on the number of economically disadvantaged (E.C.I.A. Chapter I) pupils in the district, provided that the State Board may distribute an amount not to exceed 2% of the moneys appropriated for the Continued Reading Improvement Block Grant Program for the purpose of providing teacher training and re-training in the teaching of reading. Program funds shall be distributed to school districts in 2 semi-annual installments, one payment on or before October 30 and one payment prior to April 30, of each year. The State Board shall promulgate rules necessary for the implementation of this program. (b) Continued Reading Improvement Block Grant Program funds shall be used by school districts in the following manner: (1) to continue direct reading instruction for grades 6 through 12; (2) to establish reading academies in schools that focus on the mechanics of reading, the application of reading skills, and the reading of rich literature and that reflect a commitment of time and resources to these functions; (3) to conduct intense vocabulary, spelling, and related writing enrichment programs that promote better understanding of language and words; and (4) to increase the availability of reading specialists and teacher aides for reading. (c) Continued Reading Improvement Block Grant Program funds shall be made available to each eligible school district submitting an approved application developed by the State Board, beginning with the 2001-2002 school year. Applications shall include a proposed assessment method or methods for measuring student reading skills. Such methods may include the reading portion of State tests. At the end of each school year the district shall report assessment results to the State Board. Districts not demonstrating performance progress using an approved assessment method shall not be eligible for funding in the third or subsequent years until such progress is established. (d) The State Superintendent of Education, in cooperation with the school districts participating in the program, shall annually report to the leadership of the General Assembly on the results of the Continued Reading Improvement Block Grant Program and the progress being made on improving the reading skills of students in grades 6 through 12. (e) Grants under the Continued Reading Improvement Block Grant Program shall be awarded provided there is an appropriation for the program, and funding levels for each district shall be prorated according to the amount of the appropriation. Funding for the program established under Section 2-3.51 of this Code shall not be reduced in order to fund the Continued Reading Improvement Block Grant Program. Section 99. Effective date. This Act takes effect on July 1, 2001.". Representative Crotty offered the following amendment and moved its adoption:
19 [February 22, 2000] AMENDMENT NO. 2 TO HOUSE BILL 2985 AMENDMENT NO. 2. Amend House Bill 2985 by replacing the title with the following: "AN ACT to amend the School Code by changing Section 1D-1 and adding Section 2-3.51a."; and by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 1D-1 and adding Section 2-3.51a as follows: (105 ILCS 5/1D-1) Sec. 1D-1. Block grant funding. (a) For fiscal year 1996 and each fiscal year thereafter, the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants a general education block grant and an educational services block grant, determined as provided in this Section, in lieu of distributing to the district separate State funding for the programs described in subsections (b) and (c). The provisions of this Section, however, do not apply to any federal funds that the district is entitled to receive. In accordance with Section 2-3.32, all block grants are subject to an audit. Therefore, block grant receipts and block grant expenditures shall be recorded to the appropriate fund code for the designated block grant. (b) The general education block grant shall include the following programs: REI Initiative, Preschool At Risk, K-6 Comprehensive Arts, School Improvement Support, Urban Education, Scientific Literacy, Substance Abuse Prevention, Second Language Planning, Staff Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continued Reading Improvement, Truants' Optional Education, Hispanic Programs, Agriculture Education, Gifted Education, Parental Education, Prevention Initiative, Report Cards, and Criminal Background Investigations. Notwithstanding any other provision of law, all amounts paid under the general education block grant from State appropriations to a school district in a city having a population exceeding 500,000 inhabitants shall be appropriated and expended by the board of that district for any of the programs included in the block grant or any of the board's lawful purposes. (c) The educational services block grant shall include the following programs: Bilingual, Regular and Vocational Transportation, State Lunch and Free Breakfast Program, Special Education (Personnel, Extraordinary, Transportation, Orphanage, Private Tuition), Summer School, Educational Service Centers, and Administrator's Academy. This subsection (c) does not relieve the district of its obligation to provide the services required under a program that is included within the educational services block grant. It is the intention of the General Assembly in enacting the provisions of this subsection (c) to relieve the district of the administrative burdens that impede efficiency and accompany single-program funding. The General Assembly encourages the board to pursue mandate waivers pursuant to Section 2-3.25g. (d) For fiscal year 1996 and each fiscal year thereafter, the amount of the district's block grants shall be determined as follows: (i) with respect to each program that is included within each block grant, the district shall receive an amount equal to the same percentage of the current fiscal year appropriation made for that program as the percentage of the appropriation received by the district from the 1995 fiscal year appropriation made for that program, and (ii) the total amount that is due the district under the block grant shall be the aggregate of the amounts that the district is entitled to receive for the fiscal year with respect to each program that is included within the block grant that the State Board of Education shall award the district under this Section for that fiscal year. (e) The district is not required to file any application or other claim in order to receive the block grants to which it is entitled under this Section. The State Board of Education shall make payments to the district of amounts due under the district's block grants on a schedule determined by the State Board of Education.
[February 22, 2000] 20 (f) A school district to which this Section applies shall report to the State Board of Education on its use of the block grants in such form and detail as the State Board of Education may specify. (g) This paragraph provides for the treatment of block grants under Article 1C for purposes of calculating the amount of block grants for a district under this Section. Those block grants under Article IC are, for this purpose, treated as included in the amount of appropriation for the various programs set forth in paragraph (b) above. The appropriation in each current fiscal year for each block grant under Article 1C shall be treated for these purposes as appropriations for the individual program included in that block grant. The proportion of each block grant so allocated to each such program included in it shall be the proportion which the appropriation for that program was of all appropriations for such purposes now in that block grant, in fiscal 1995. (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-566, eff. 1-2-98; 90-653, eff. 7-29-98.) (105 ILCS 5/2-3.51a new) Sec. 2-3.51a. Continued Reading Improvement Block Grant Program. To improve the reading and study skills of children from seventh through twelfth grade in school districts. The State Board of Education is authorized to administer a Continued Reading Improvement Block Grant Program. As used in this Section, "school district" includes those schools designated as laboratory schools. (a) Funds for the Continued Reading Improvement Block Grant Program shall be distributed to school districts on the following basis: 70% of moneys shall be awarded on the prior year's best 3 months average daily attendance and 30% shall be distributed on the number of economically disadvantaged (E.C.I.A. Chapter I) pupils in the district, provided that the State Board may distribute an amount not to exceed 2% of the moneys appropriated for the Continued Reading Improvement Block Grant Program for the purpose of providing teacher training and re-training in the teaching of reading. Program funds shall be distributed to school districts in 2 semi-annual installments, one payment on or before October 30 and one payment prior to April 30, of each year. The State Board shall promulgate rules necessary for the implementation of this program. (b) Continued Reading Improvement Block Grant Program funds shall be used by school districts in the following manner to support students in grades 7 through 12 who are reading significantly below grade level: (1) to continue direct reading instruction for grades 7 through 12, focusing on the application of reading skills for understanding informational text; (2) to focus on and to commit time and resources to the reading of rich literature; (3) to conduct intense vocabulary, spelling, and related writing programs that promote better understanding of language and words; (4) to provide professional development based on research and proper practices and delivered by providers approved by the State Board of Education; and (5) to increase the availability of reading specialists and teacher aides trained in research-based reading intervention or improvement practices or both. (c) Continued Reading Improvement Block Grant Program funds shall be made available to each eligible school district submitting an approved application developed by the State Board, beginning with the 2001-2002 school year. Applications shall include a proposed assessment method or methods for measuring student reading skills. Such methods may include the reading portion of State tests. At the end of each school year the district shall report assessment results to the State Board. Districts not demonstrating performance progress using an approved assessment method shall not be eligible for funding in the third or subsequent years until such progress is established. (d) The State Superintendent of Education, in cooperation with the school districts participating in the program, shall annually report to
21 [February 22, 2000] the leadership of the General Assembly on the results of the Continued Reading Improvement Block Grant Program and the progress being made on improving the reading skills of students in grades 7 through 12. (e) Grants under the Continued Reading Improvement Block Grant Program shall be awarded provided there is an appropriation for the program, and funding levels for each district shall be prorated according to the amount of the appropriation. Funding for the program established under Section 2-3.51 of this Code shall not be reduced in order to fund the Continued Reading Improvement Block Grant Program. Section 99. Effective date. This Act takes effect on July 1, 2001.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 3009. Having been printed, was taken up and read by title a second time. Representative Novak offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3009 AMENDMENT NO. 1. Amend House Bill 3009, on page 1, lines 2 and 6, by replacing "Sections 9, 10, and 42" each time it appears with "Sections 9, 10, 31.1, and 42"; and on page 2, by replacing lines 33 and 34 with the following: "this Section shall be construed to prohibit the open burning of landscape waste for agricultural purposes (including but not limited to the open burning of landscape waste by production nurseries and the open burning of landscape waste generated on a farm), habitat management purposes (including but not limited to forest and prairie reclamation), or firefighter training. For the purposes of this subsection, "farm" has the same meaning as under Section 1-60 of the Property Tax Code
[February 22, 2000] 22 person's authorized agent for service of process, and shall include the following information: (1) a statement specifying the provisions of subsection (o) or (p) of Section 21 or subsection (C) of Section 10 of which the person was observed to be in violation; (2) a copy of the inspection report in which the Agency or local government recorded the violation, which report shall include the date and time of inspection, and weather conditions prevailing during the inspection; (3) the penalty imposed by
23 [February 22, 2000] (4.2) is in addition to any other penalty provided by law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 3049. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3049 AMENDMENT NO. 1. Amend House Bill 3049 by replacing everything after the enacting clause with the following: "Section 5. The University of Illinois Act is amended by adding Section 20 as follows: (110 ILCS 305/20 new) Sec. 20. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 10. The Southern Illinois University Management Act is amended by adding Section 10 as follows: (110 ILCS 520/10 new) Sec. 10. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 15. The Chicago State University Law is amended by adding Section 5-115 as follows: (110 ILCS 660/5-115 new) Sec. 5-115. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 20. The Eastern Illinois University Law is amended by adding Section 10-115 as follows: (110 ILCS 665/10-115 new) Sec. 10-115. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to
[February 22, 2000] 24 University students must offer meningitis vaccines. Section 25. The Governors State University Law is amended by adding Section 15-115 as follows: (110 ILCS 670/15-115 new) Sec. 15-115. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 30. The Illinois State University Law is amended by adding Section 20-120 as follows: (110 ILCS 675/20-120 new) Sec. 20-120. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 35. The Northeastern Illinois University Law is amended by adding Section 25-115 as follows: (110 ILCS 680/25-115 new) Sec. 25-115. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 40. The Northern Illinois University Law is amended by adding Section 30-125 as follows: (110 ILCS 685/30-125 new) Sec. 30-125. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 45. The Western Illinois University Law is amended by adding Section 35-120 as follows: (110 ILCS 690/35-120 new) Sec. 35-120. Meningitis vaccine; information. At the beginning of each academic year, the University shall inform each of its students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination and, for those students deciding not to be vaccinated, the University shall obtain a signed waiver indicating the student's receipt of the information provided and the student's rejection of the recommended vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines. Section 99. Effective date. This Act takes effect on July 1, 2000.". Representative O'Brien offered the following amendment and moved its adoption:
25 [February 22, 2000] AMENDMENT NO. 2 TO HOUSE BILL 3049 AMENDMENT NO. 2. Amend House Bill 3049, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows: on page 1, line 8, by replacing "academic year" with "semester"; and on page 1, line 9, after "its", by inserting "incoming freshmen and transfer"; and on page 2, line 2, by replacing "academic year" with "semester"; and on page 2, line 3, after "its", by inserting "incoming freshmen and transfer"; and on page 2, line 16, by replacing "academic year" with "semester"; and on page 2, line 17, after "its", by inserting "incoming freshmen and transfer"; and on page 2, line 30, by replacing "academic year" with "semester"; and on page 3, line 1, after "its", by inserting "incoming freshmen and transfer"; and on page 3, line 14, by replacing "academic year" with "semester"; and on page 3, line 15, after "its", by inserting "incoming freshmen and transfer"; and on page 3, line 28, by replacing "academic year" with "semester"; and on page 3, line 29, after "its", by inserting "incoming freshmen and transfer"; and on page 4, line 12, by replacing "academic year" with "semester"; and on page 4, line 13, after "its", by inserting "incoming freshmen and transfer"; and on page 4, line 26, by replacing "academic year" with "semester"; and on page 4, line 27, after "its", by inserting "incoming freshmen and transfer"; and on page 5, line 10, by replacing "academic year" with "semester"; and on page 5, line 11, after "its", by inserting "incoming freshmen and transfer". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 3287. Having been printed, was taken up and read by title a second time. Representative Scott offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 3287 AMENDMENT NO. 1. Amend House Bill 3287 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Local Planning Technical Assistance Act. Section 5. Purposes. The purposes of this Act are to: (a) Define and disseminate the principles of sensible planning. (b) Encourage counties and municipalities to engage in planning, regulatory, and development approaches and techniques that conform to the principles of sensible planning. (c) Provide demonstration grants to counties and municipalities to prepare and implement comprehensive plans, zoning ordinances, subdivision controls, other land development regulations, and development incentives that conform to the principles of sensible planning. (d) Prepare and distribute model ordinances, manuals, and other technical publications that are founded upon and promote the principles of sensible planning. (e) Research and report upon the results and impact of
[February 22, 2000] 26 activities funded by the demonstration grants. Section 10. Sensible Planning. "Sensible planning" consists of planning, regulatory, and development practices and techniques founded upon and promoting the following principles: (a) Using land resources more efficiently through compact building forms, infill development, and moderation in street and parking standards to lessen land consumption and preserve natural resources. (b) Supporting the location of stores, offices, residences, schools, recreational spaces, and other public facilities within walking distance of each other in compact neighborhoods to provide opportunities for easier movement and interaction. (c) Providing a variety of housing choices, so that the young and old, single persons and families, and those of varying economic ability may find places to live. (d) Supporting walking, cycling, and transit as attractive alternatives to driving, providing alternative routes that disperse, rather than concentrate, traffic congestion, and lowering traffic speeds in neighborhoods. (e) Connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities, and by integrating development and land use with transit routes and stations. (f) Improving the development review process and development standards so that developers are encouraged to apply the principles stated in this Section. Section 15. Definitions. As used in this Act: "Comprehensive plan" means a regional plan under Section 5-14001 of the Counties Code, official comprehensive plan under Section 11-12-6 of the Illinois Municipal Code, or local land resource management plan under Section 3 of the Local Land Resource Management Planning Act. "Department" means the Department of Commerce and Community Affairs. The Department may delegate its authority under this Act to designated regional planning agencies in the State of Illinois. "Land development regulation" means any ordinance or regulation of a county or municipality that regulates development and land use, including, but not limited to, zoning and subdivision ordinances. "Municipality" means any city, village, or incorporated town. "Subsidiary plan" means any plan, other than a comprehensive plan, that guides development, land use, and infrastructure for a county or municipality, or a portion thereof. Section 20. Technical assistance grants. (a) The Department may make grants to counties and municipalities to develop, update, administer, and implement comprehensive plans, subsidiary plans, land development regulations, and development incentives that conform to the principles of sensible planning. Technical assistance grants must be made in metropolitan areas of the State. (b) The Department must adopt rules establishing standards and procedures for determining eligibility for the grants, regulating the use of funds under the grants, and requiring periodic reporting of the results and impact of activities funded by the grants. (c) No individual grant under this Act may have a duration of more than 24 months. (d) At least 70% of the funds available under this Act must be made available through technical assistance grants. (e) The Department, in the determination of grantees, must take into consideration communities with limited means to support local planning efforts and must give priority to communities facing higher than State average growth rates over the past 3 years or having declined in population in the past 5 years. Section 25. Model ordinances and technical publications. (a) The Department may prepare model ordinances, manuals, and other technical publications that are founded upon and promote the principles of sensible planning. The Department and its designees must make all possible use of existing model ordinances, manuals, and other
27 [February 22, 2000] technical publications prepared by regional planning agencies and commissions, councils of government and other organizations, which materials shall conform to the principles of sensible planning. (b) The Department may employ or retain private for-profit or not-for-profit entities, regional planning agencies and commissions, councils of government, and universities to advise, prepare, or conduct the preparation. (c) The Department must distribute any model ordinances, manuals, and other technical publications prepared under this Section to all counties and municipalities, regional planning agencies and commissions, the Illinois State Library, all local public libraries, and to other organizations and libraries at the Department's discretion. Section 30. Educational and training programs. (a) The Department may provide educational and training programs in planning, regulatory, and development practices and techniques founded upon and promoting the principles of sensible planning, including, but not limited to, the use and application of any model ordinances, manuals, and other technical publications prepared by the Department. (b) The Department may employ or retain private for-profit and not-for-profit entities, regional planning agencies and commissions, and universities to operate or conduct, or assist in the operation or conduct of, the programs. Section 35. Annual report. The Department must, at least annually but more often at its discretion, report in writing to the Governor and General Assembly on: (a) The results and impacts of county and municipal activities funded by the grants authorized by this Act, with a focus upon those planning, regulatory, and development practices and techniques that have successfully implemented the principles of sensible planning. (b) The distribution of the grants. (c) Model ordinances, manuals, and other technical publications that it has prepared. (d) Educational and training programs that it has provided. The report must also be provided to all counties and municipalities, regional planning agencies and commissions, the Illinois State Library, all local public libraries, and to other organizations and libraries at the Department's discretion. Section 40. Local Planning Technical Assistance Fund. The Department must use moneys appropriated to the Local Planning Technical Assistance Fund, a special fund created in the State Treasury, to implement and administer the purposes of this Act. Section 45. Repealer. This Act is repealed on June 30, 2005. Section 105. The State Finance Act is amended by adding Section 5.541 as follows: (30 ILCS 105/5.541 new) Sec. 5.541. The Local Planning Technical Assistance Fund. Section 999. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 3287 AMENDMENT NO. 2. Amend House Bill 3287, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, by inserting below line 1 the following: "(f) Encourage natural resource preservation.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading.
[February 22, 2000] 28 HOUSE BILL 3315. Having been read by title a second time on February 1, 2000, and held on the order of Second Reading, the same was again taken up. Representative Delgado offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 3315 AMENDMENT NO. 1. Amend House Bill 3315 on page 2, line 1, after "grants", by inserting ", subject to a separate appropriation,"; and on page 3, line 4, after "grant", by inserting ", subject to a separate appropriation,". AMENDMENT NO. 2 TO HOUSE BILL 3315 AMENDMENT NO. 2. Amend House Bill 3315 by replacing the title with the following: "AN ACT to amend the School Code by adding Section 2-3.131."; and by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by adding Section 2-3.131 as follows: (105 ILCS 5/2-3.131 new) Sec. 2-3.131. After school program grants. (a) Subject to appropriation, the State Board of Education shall provide after school program grants to 40 public schools geographically distributed throughout the State, as chosen by the State Board of Education on a non-competitive basis and based on a lack of student achievement at the school, for the purpose of assisting individual students who fail to meet State academic standards, as determined under Section 2-3.64 of this Code, and their families at the school at the end of the regular day of instruction or on non-school days. These grants shall be provided for the 2000-2001 school year and each school year thereafter until the 2004-2005 school year. The amount of each grant shall be based on pupil enrollment. (b) The State Board of Education shall report to the General Assembly by July 1, 2003 on whether to continue and expand the provision of after school program grants. (c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3485. Having been printed, was taken up and read by title a second time. Representative Scott offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3485 AMENDMENT NO. 1. Amend House Bill 3485 as follows: by replacing the title with the following: "AN ACT to amend the Abandoned Housing Rehabilitation Act."; and on page 1, line 6, by replacing "Section 3" with "Sections 2 and 3"; and on page 1, below line 6, by inserting the following: "(310 ILCS 50/2) (from Ch. 67 1/2, par. 852) Sec. 2. Definitions. As used in this Act:
29 [February 22, 2000] (a) "Property" means any residential real estate
[February 22, 2000] 30 AMENDMENT NO. 1 TO HOUSE BILL 3435 AMENDMENT NO. 1. Amend House Bill 3435 on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning the levy of taxes by school boards."; and on page 1, immediately below line 4, by inserting the following: "Section 3. The Property Tax Code is amended by adding Section 18-72 as follows: (35 ILCS 200/18-72 new) Sec. 18-72. A school board shall give public notice of and hold a public hearing on its intent to amend a certificate of tax levy under Section 17-11.1 of the School Code.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON SECOND READING SENATE BILL 563. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Health Care Availability & Access, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 563 AMENDMENT NO. 1. Amend Senate Bill 563 by replacing the title with the following: "AN ACT to amend the Hospital Licensing Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Hospital Licensing Act is amended by adding Section 4.6 as follows: (210 ILCS 85/4.6 new) Sec. 4.6. Additional licensing requirements. (a) Notwithstanding any other law or rule to the contrary, the Department shall license as a hospital a building that (i) is owned or operated by a hospital licensed under this Act, (ii) is located in a municipality with a population of less than 60,000, and (iii) includes a postsurgical recovery care center licensed under the Alternative Health Care Delivery Act for a period of not less than 2 years, an ambulatory surgical treatment center licensed under the Ambulatory Surgical Treatment Center Act, and a Freestanding Emergency Center licensed under the Emergency Medical Services (EMS) Systems Act. Only the components of the building which are currently licensed shall be eligible under the provisions of this Section. (b) Prior to issuing a license, the Department shall inspect the facility and require the facility to meet such of the Department's rules relating to the establishment of hospitals as the Department determines are appropriate to such facility. Once the Department approves the facility and issues a hospital license, all other licenses as listed in subsection (a) above shall be null and void. Section 99. Effective date. This Act takes effect upon becoming law.". Representative Brunsvold offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 563 AMENDMENT NO. 2. Amend Senate Bill 563, AS AMENDED, with reference
31 [February 22, 2000] to page and line numbers of House Amendment No. 1, on page 1, line 12, by replacing "shall" with "may"; and on page 2, immediately below line 9, by inserting the following: "(c) Only one license may be issued under the authority of this Section. No license may be issued after 18 months after the effective date of this amendatory Act of the 91st General Assembly.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON SECOND READING HOUSE BILL 3309. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Aging, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3309 AMENDMENT NO. 1. Amend House Bill 3309 on page 4, by replacing lines 20 through 23 with the following: "(v) A $7 per hour minimum rate beginning 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. HOUSE BILL 3841. Having been printed, was taken up and read by title a second time. Representative Durkin offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3841 AMENDMENT NO. 1. Amend House Bill 3841 on page 1, by replacing lines 6 through 25 with the following: "(735 ILCS 5/10-131) (from Ch. 110, par. 10-131) Sec. 10-131. Custody not to be changed. (a) Any person being committed to any prison, or in the custody of any sheriff or other officer or person for any criminal or supposed criminal matter, shall not be removed therefrom into any other prison or custody, unless it is done by habeas corpus order or some other legal process or when it is expressly allowed by law.
[February 22, 2000] 32 The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3538. Having been printed, was taken up and read by title a second time. Representative Righter offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3538 AMENDMENT NO. 1. Amend House Bill 3538, on page 3, line 19, by inserting "or a clerk of the circuit court" after "agency". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3169. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3169 AMENDMENT NO. 1. Amend House Bill 3169 by replacing the title with the following: "AN ACT to concerning fraternal organizations."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by adding a Division 13 heading to Article 10 and by adding Section 10-350 as follows: (35 ILCS 200/Art. 10, Div 13 heading new) DIVISION 13. FRATERNAL ORGANIZATION PROPERTY (35 ILCS 200/10-350 new) Sec. 10-350. Fraternal organization assessment freeze. (a) For the taxable year 2001 and thereafter, the assessed value of real property owned and used by a fraternal organization chartered by the State of Illinois prior to 1900, or its subordinate organization or entity, (i) that prohibits gambling and the use of alcohol on the property, (ii) that is an exempt entity under Section 501(c)(10) of the Internal Revenue Code, and (iii) whose members provide, directly or indirectly, financial support for charitable works, which may include medical care, drug rehabilitation, or education, shall be established by the chief county assessment officer as follows: (1) if the property meets the qualifications set forth in this Section on January 1, 2001 and on January 1 of each subsequent assessment year, for assessment year 2001 and each subsequent assessment year, the final assessed value of the property shall be 15% of the final assessed value of the property for the assessment year 2000; or (2) if the property first meets the qualifications set forth in this Section on January 1 of any assessment year after assessment year 2001 and on January 1 of each subsequent assessment year, for that first assessment year and each subsequent assessment year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section. If, in any year, additions or improvements are made to property
33 [February 22, 2000] subject to assessment under this Section and the additions or improvements would increase the assessed value of the property, then 15% of the final assessed value of the additions or improvements shall be added to the final assessed value of the property for the year in which the additions or improvements are completed and for all subsequent years that the property is eligible for assessment under this Section. (b) For purposes of this Section, "final assessed value" means the assessed value after final board of review action. (c) Fraternal organizations whose property is assessed under this Section must annually submit an application to the chief county assessment officer on or before (i) January 31 of the assessment year in counties with a population of 3,000,000 or more and (ii) December 31 of the assessment year in all other counties. The initial application must contain the information required by the Department or Revenue, which shall prepare the form, including: (1) a copy of the organization's charter from the State of Illinois, if applicable; (2) the location or legal description of the property on which is located the principal building for the organization, including the PIN number, if available; (3) a written instrument evidencing that the organization is the record owner or has a legal or equitable interest in the property; (4) an affidavit that the organization is liable for paying the real property taxes on the property; and (5) the signature of the organization's chief presiding officer. Subsequent applications shall include any changes in the initial application and shall affirm the ownership, use, and liability for taxes for the year in which it is submitted. All applications shall be notarized. (d) This Section does not apply to parcels exempt from property taxes under this Code. Section 10. The State Mandates Act is amended by adding Section 8.24 as follows: (30 ILCS 805/8.24 new) Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Section 99. Effective Date. This Act takes effect on 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. HOUSE BILL 3979. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection & Product Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3979 AMENDMENT NO. 1. Amend House Bill 3979 as follows: by replacing the title with following: "AN ACT to amend the Airport Authorities Act by changing Section 8.04."; and by replacing everything after the enacting clause with the following: "Section 5. The Airport Authorities Act is amended by changing Section 8.04 as follows: (70 ILCS 5/8.04) (from Ch. 15 1/2, par. 68.8-04) Sec. 8.04. To fix, charge and collect reasonable rentals, tolls, fees, and
[February 22, 2000] 34 charges for the use of any public airport, or any part thereof, or any public airport facility. An airport authority incorporated in a county under 3,000,000 in population may additionally impose a consolidated user facility charge upon customers of rental car agencies for the purpose of financing, designing, or constructing joint-use care rental facilities; provided, however, that such consolidated user facility charge is collected by the rental car agency as part of the rental rate and not as a separate charge in addition to the rental rate. In the event of a conflict between the provisions of this Section and Section 6-305 of the Illinois Vehicle Code, the provisions of this Section shall prevail. (Source: P.A. 76-968.)". 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 4340. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Veterans' Affairs, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4340 AMENDMENT NO. 1. Amend House Bill 4340 as follows: by replacing the title with the following: "AN ACT to amend the Military Code of Illinois by adding Article IV-A."; and by replacing everything after the enacting clause with the following: "Section 5. The Military Code of Illinois is amended by adding Article IV-A as follows: (20 ILCS 1805/Art. IV-A heading new) ARTICLE IV-A. MILITARY FUNERAL HONORS (20 ILCS 1805/28.1 new) Sec. 28.1. Purpose. This Article establishes the Illinois Military Funeral Honors Program, which ensures an appropriate final tribute to deceased veterans and former Governors in the absence of federal military funeral honors or funeral honors provided by veteran organizations, subject to appropriation of adequate funds. This Article establishes procedures which ensure this tribute on behalf of a grateful citizenry to honor deceased veterans in recognition of their service to the State of Illinois and to the United States of America. The rendering of military funeral honors is the ceremonial paying of respects and final demonstration of gratitude to those who, in times of war and peace, have faithfully defended freedom. (20 ILCS 1805/28.2 new) Sec. 28.2. Administration. The Adjutant General of Illinois, as Director of the Department of Military Affairs, shall administer the Military Funeral Honors Program. (20 ILCS 1805/28.3 new) Sec. 28.3. Provision of state funeral honors. The funeral honors entitlement established by this Article may be provided to an eligible veteran only if (i) a request for military funeral honors has been made on behalf of the deceased veteran to federal authorities and (ii) military funeral honors are not to be provided by federal authorities, regardless of the reason. Former Governors shall be entitled to funeral honors without a federal request. (20 ILCS 1805/28.4 new) Sec. 28.4. Eligibility. Only veterans and former Governors are eligible for military funeral honors under this Article. In this Article, "veteran" means an Illinois resident who is a veteran as defined in subsection (h) of Section 1491 of Title 10 of the United States Code. Former Governors are eligible for military funeral honors because of their service as Commander-in-Chief of the military forces of the State of Illinois.
35 [February 22, 2000] (20 ILCS 1805/28.5 new) Sec. 28.5. Waiver authority. (a) With approval of the Governor, the Adjutant General may waive the requirement established in Section 28.3 of this Article when the Adjutant General determines in writing that it is in the best interests of the State of Illinois to do so. (b) Waiver authority under this Section may only be delegated to the Assistant Adjutant General for Army or Assistant Adjutant General for Air. (20 ILCS 1805/28.6 new) Sec. 28.6. Honors. (a) A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes: the folding of a United States flag; its presentation to the appropriate next of kin, family member, or representative; and the playing of taps. The funeral honors detail must comprise a minimum of 2 uniformed military members and, if available, a bugler. (b) Additional elements of honors and additional uniformed military personnel or other authorized providers may augment the basic honors detail when deemed appropriate. Authorized providers include veterans organizations and other organizations and individuals that support the rendering of funeral honors and who have been trained and approved by the Adjutant General for that purpose. (20 ILCS 1805/28.7 new) Sec. 28.7. Policy. (a) Upon request of the next of kin, authorized representative, or funeral director on behalf of the next of kin of a person eligible for military funeral honors under Section 28.4, the Governor as Commander-in-Chief may, with the consent of the member, order members of the Army National Guard and Air National Guard to funeral honors duty to prepare for and to perform military funeral honors as provided in this Article. For this purpose and upon approval of the Governor, the Adjutant General shall, subject to adequate appropriation, order the appropriate uniformed honor detail, augmented by other authorized providers, as required, to attend and render the appropriate services. (b) A member of the Army National Guard or Air National Guard may be ordered to funeral honors duty in accordance with this Article. That member shall receive an allowance of $50 for any day on which a minimum of 2 hours of funeral honors duty is performed. Members of the Illinois National Guard ordered to funeral honors duty in accordance with this Article shall be considered in the active service of the State for all purposes except for pay, and the provisions of Sections 52, 53, 54, 55, and 56 of the Military Code of Illinois shall apply in the case of Illinois National Guard personnel injured or disabled in the course of those duties. (c) The Adjutant General may provide support for other authorized providers who volunteer to participate in a funeral honors detail conducted on behalf of the Governor. This support is limited to transportation, reimbursement for transportation, expenses, materials, and training. (20 ILCS 1805/28.8 new) Sec. 28.8. Rules. The Adjutant General, as Director of the Department of Military Affairs, shall establish appropriate rules to implement this program. (20 ILCS 1805/28.9 new) Sec. 28.9. Availability of funds. Nothing in this Article shall establish any entitlement to military funeral honors if the Adjutant General determines that Illinois National Guard personnel are not available to perform those honors or if adequate appropriated funds are not available to fund this program. Section 99. Effective date. This Act takes effect on 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.
[February 22, 2000] 36 HOUSE BILL 4266. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4266 AMENDMENT NO. 1. Amend House Bill 4266 as follows: on page 2, line 6, after "federal", by inserting "and State"; and on page 2, line 6, by replacing "Act" with "Acts
37 [February 22, 2000] the Superintendent of Education, ex officio
[February 22, 2000] 38 law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 4093. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4093 AMENDMENT NO. 1. Amend House Bill 4093 as follows: on page 3, line 33, by replacing "that" with "the previous"; and on page 4, line 2, by replacing "that" with "the previous"; and on page 7, line 14, by replacing "that" with "the previous"; and on page 7, line 17, by replacing "that" with "the previous"; and on page 10, line 29, by replacing "that" with "the previous"; and on page 10, line 32, by replacing "that" with "the previous"; and on page 14, line 10, by replacing "that" with "the previous"; and on page 14, line 13, by replacing "that" with "the previous"; and on page 17, line 25, by replacing "that" with "the previous"; and on page 17, line 28, by replacing "that" with "the previous"; and on page 21, line 6, by replacing "that" with "the previous"; and on page 21, line 9, by replacing "that" with "the previous"; and on page 24, line 21, by replacing "that" with "the previous"; and on page 24, line 24, by replacing "that" with "the previous"; and on page 28, line 2, by replacing "that" with "the previous"; and on page 28, line 5, by replacing "that" with "the previous"; and on page 31, line 17, by replacing "that" with "the previous"; and on page 31, line 20, by replacing "that" with "the previous". 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 4483. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4483 AMENDMENT NO. 1. Amend House Bill 4483 on page 2, line 7 by deleting "she is employed full-time or"; and on page 3, line 17 by deleting "she is employed full-time or"; and on page 10, by replacing lines 8 through 13 with the following: "Employers are encouraged to make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee may express her milk in privacy.". 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 3428. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3428
39 [February 22, 2000] AMENDMENT NO. 1. Amend House Bill 3428 on page 4, by replacing line 20 with the following: "eliminating from consideration, for assessment purposes, the value added by the rehabilitation and limiting the total valuation to the base year valuation as defined in subsection (i) of Section 10-40. For all". 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 3995. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3995 AMENDMENT NO. 1. Amend House Bill 3995 by replacing the title with the following: "AN ACT concerning cigarettes."; and by replacing everything after the enacting clause with the following: "Section 5. The Cigarette Tax Act is amended by adding Section 3-10 as follows: (35 ILCS 130/3-10 new) Sec. 3-10. Cigarette enforcement. (a) Prohibitions. It is unlawful for any person: (1) to sell or distribute in this State; to acquire, hold, own, possess, or transport, for sale or distribution in this State; or to import, or cause to be imported into this State for sale or distribution in this State: (A) any cigarettes the package of which: (i) bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including but not limited to labels stating "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording; or (ii) does not comply with: (aa) all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States, including but not limited to the precise warning labels specified in the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; and (bb) all federal trademark and copyright laws; (B) any cigarettes imported into the United States in violation of 26 U.S.C. 5754 or any other federal law, or implementing federal regulations; (C) any cigarettes that such person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States; or (D) any cigarettes for which there has not been submitted to the Secretary of the U.S. Department of Health and Human Services the list or lists of the ingredients added to tobacco in the manufacture of the cigarettes required by the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1335a; (2) to alter the package of any cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure: (A) any statement, label, stamp, sticker, or notice described in subdivision (a)(1)(A)(i) of this Section;
[February 22, 2000] 40 (B) any health warning that is not specified in, or does not conform with the requirements of, the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; or (3) to affix any stamp required pursuant to this Act to the package of any cigarettes described in subdivision (a)(1) of this Section or altered in violation of subdivision (a)(2). (b) Documentation. On the first business day of each month, each person licensed to affix the State tax stamp to cigarettes shall file with the Department, for all cigarettes imported into the United States to which the person has affixed the tax stamp in the preceding month: (1) a copy of: (A) the permit issued pursuant to the Internal Revenue Code, 26 U.S.C. 5713, to the person importing the cigarettes into the United States allowing the person to import the cigarettes; and (B) the customs form containing, with respect to the cigarettes, the internal revenue tax information required by the U.S. Bureau of Alcohol, Tobacco and Firearms; (2) a statement, signed by the person under penalty of perjury, which shall be treated as confidential by the Department and exempt from disclosure under the Freedom of Information Act, identifying the brand and brand styles of all such cigarettes, the quantity of each brand style of such cigarettes, the supplier of such cigarettes, and the person or persons, if any, to whom such cigarettes have been conveyed for resale; and a separate statement, signed by the individual under penalty of perjury, which shall not be treated as confidential or exempt from disclosure, separately identifying the brands and brand styles of such cigarettes; and (3) a statement, signed by an officer of the manufacturer or importer under penalty of perjury, certifying that the manufacturer or importer has complied with: (A) the package health warning and ingredient reporting requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333 and 1335a, with respect to such cigarettes; and (B) the provisions of Exhibit T of the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146), including a statement indicating whether the manufacturer is, or is not, a participating tobacco manufacturer within the meaning of Exhibit T. (c) Administrative sanctions. (1) The Department may revoke or suspend the license or licenses of any distributor pursuant to the procedures set forth in Section 6 and impose on the distributor a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes involved or $5,000, upon finding a violation by the distributor of this Section, or any implementing rule promulgated by the Department. (2) Cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this State in violation of this Section shall be deemed contraband under this Act and are subject to seizure and forfeiture as provided in this Act, and all such cigarettes seized and forfeited shall be destroyed. Such cigarettes shall be deemed contraband whether the violation of this Section is knowing or otherwise. (d) Unfair trade practices. A violation of subsection (a) or subsection (b) of this Section shall constitute an unlawful practice as provided in the Consumer Fraud and Deceptive Business Practices Act. (e) Unfair cigarette sales. For purposes of the Trademark Registration and Protection Act and the Counterfeit Trademark Act, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as, or is confusingly similar to, any trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have
41 [February 22, 2000] been purchased outside of the ordinary channels of trade. (f) General provisions. (1) This Section shall be enforced by the Department; provided that, at the request of the Director of Revenue or the Director's duly authorized agent, the State police and all local police authorities shall enforce the provisions of this Section. The Attorney General has concurrent power with the State's Attorney of any county to enforce this Section. (2) For the purpose of enforcing this Section, the Director of Revenue and any agency to which the Director has delegated enforcement responsibility pursuant to subdivision (f)(1) may request information form any State or local agency and may share information with and request information from any federal agency and any agency of any other state or any local agency of any other state. (3) In addition to any other remedy provided by law, including enforcement as provided in subdivision (a)(1), any person may bring an action for appropriate injunctive or other equitable relief for a violation of this Section; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of 3 times the actual damages sustained by reason of the violation. (g) Definitions. As used in this Section: "Importer" means that term as defined in 26 U.S.C. 5702(1). "Package" means that term as defined in 15 U.S.C. 1332(4). (h) Applicability. (1) This Section does not apply to: (A) cigarettes allowed to be imported or brought into the United States for personal use; and (B) cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 1555(b) and any implementing regulations; except that this Section shall apply to any such cigarettes that are brought back into the customs territory for resale within the customs territory. (2) The penalties provided in this Section are in addition to any other penalties imposed under other provision of law. Section 10. The Cigarette Use Tax Act is amended by adding Section 3-10 as follows: (35 ILCS 135/3-10 new) Sec. 3-10. Cigarette enforcement. (a) Prohibitions. It is unlawful for any person: (1) to sell or distribute in this State; to acquire, hold, own, possess, or transport, for sale or distribution in this State; or to import, or cause to be imported into this State for sale or distribution in this State: (A) any cigarettes the package of which: (i) bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including but not limited to labels stating "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording; or (ii) does not comply with: (aa) all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States, including but not limited to the precise warning labels specified in the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; and (bb) all federal trademark and copyright laws;
[February 22, 2000] 42 (B) any cigarettes imported into the United States in violation of 26 U.S.C. 5754 or any other federal law, or implementing federal regulations; (C) any cigarettes that such person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States; or (D) any cigarettes for which there has not been submitted to the Secretary of the U.S. Department of Health and Human Services the list or lists of the ingredients added to tobacco in the manufacture of the cigarettes required by the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1335a; (2) to alter the package of any cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure: (A) any statement, label, stamp, sticker, or notice described in subdivision (a)(1)(A)(i) of this Section; (B) any health warning that is not specified in, or does not conform with the requirements of, the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; or (3) to affix any stamp required pursuant to this Act to the package of any cigarettes described in subdivision (a)(1) of this Section or altered in violation of subdivision (a)(2). (b) Documentation. On the first business day of each month, each person licensed to affix the State tax stamp to cigarettes shall file with the Department, for all cigarettes imported into the United States to which the person has affixed the tax stamp in the preceding month: (1) a copy of: (A) the permit issued pursuant to the Internal Revenue Code, 26 U.S.C. 5713, to the person importing the cigarettes into the United States allowing the person to import the cigarettes; and (B) the customs form containing, with respect to the cigarettes, the internal revenue tax information required by the U.S. Bureau of Alcohol, Tobacco and Firearms; (2) a statement, signed by the person under penalty of perjury, which shall be treated as confidential by the Department and exempt from disclosure under the Freedom of Information Act, identifying the brand and brand styles of all such cigarettes, the quantity of each brand style of such cigarettes, the supplier of such cigarettes, and the person or persons, if any, to whom such cigarettes have been conveyed for resale; and a separate statement, signed by the individual under penalty of perjury, which shall not be treated as confidential or exempt from disclosure, separately identifying the brands and brand styles of such cigarettes; and (3) a statement, signed by an officer of the manufacturer or importer under penalty of perjury, certifying that the manufacturer or importer has complied with: (A) the package health warning and ingredient reporting requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333 and 1335a, with respect to such cigarettes; and (B) the provisions of Exhibit T of the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146), including a statement indicating whether the manufacturer is, or is not, a participating tobacco manufacturer within the meaning of Exhibit T. (c) Administrative sanctions. (1) The Department may revoke or suspend the license or licenses of any distributor pursuant to the procedures set forth in Section 6 and impose on the distributor a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes involved or $5,000, upon finding a violation by the distributor of this Section, or any implementing rule promulgated by the Department.
43 [February 22, 2000] (2) Cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this State in violation of this Section shall be deemed contraband under this Act and are subject to seizure and forfeiture as provided in this Act, and all such cigarettes seized and forfeited shall be destroyed. Such cigarettes shall be deemed contraband whether the violation of this Section is knowing or otherwise. (d) Unfair trade practices. A violation of subsection (a) or subsection (b) of this Section shall constitute an unlawful practice as provided in the Consumer Fraud and Deceptive Business Practices Act. (e) Unfair cigarette sales. For purposes of the Trademark Registration and Protection Act and the Counterfeit Trademark Act, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as, or is confusingly similar to, any trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary channels of trade. (f) General provisions. (1) This Section shall be enforced by the Department; provided that, at the request of the Director of Revenue or the Director's duly authorized agent, the State police and all local police authorities shall enforce the provisions of this Section. The Attorney General has concurrent power with the State's Attorney of any county to enforce this Section. (2) For the purpose of enforcing this Section, the Director of Revenue and any agency to which the Director has delegated enforcement responsibility pursuant to subdivision (f)(1) may request information form any State or local agency and may share information with and request information from any federal agency and any agency of any other state or any local agency of any other state. (3) In addition to any other remedy provided by law, including enforcement as provided in subdivision (a)(1), any person may bring an action for appropriate injunctive or other equitable relief for a violation of this Section; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of 3 times the actual damages sustained by reason of the violation. (g) Definitions. As used in this Section: "Importer" means that term as defined in 26 U.S.C. 5702(1). "Package" means that term as defined in 15 U.S.C. 1332(4). (h) Applicability. (1) This Section does not apply to: (A) cigarettes allowed to be imported or brought into the United States for personal use; and (B) cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 1555(b) and any implementing regulations; except that this Section shall apply to any such cigarettes that are brought back into the customs territory for resale within the customs territory. (2) The penalties provided in this Section are in addition to any other penalties imposed under other provision of law. Section 15. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows: (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services
[February 22, 2000] 44 Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, or the Electronic Mail Act commits an unlawful practice within the meaning of this Act. (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99; 91-230, eff.1-1-00; 91-233, eff. 1-1-00; revised 8-9-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3225. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Local Government, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3225 AMENDMENT NO. 1. Amend House Bill 3225 on page 1, line 1, by deleting "compensation of"; and on page 1, line 6, by replacing "Section 3-7003" with "Sections 3-7002 and 3-7003"; and on page 1, by inserting below line 6 the following: "(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002) Sec. 3-7002. Cook County Sheriff's Merit Board. There is created the Cook County Sheriff's Merit Board, hereinafter called the Board, consisting of 7
45 [February 22, 2000] 7-30-98.)"; and on page 1, by replacing lines 16 through 19 with the following: "more than $30,000 in any fiscal year. Such compensation expenses shall". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 3559. HOUSE BILL 4593. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4593 AMENDMENT NO. 1. Amend House Bill 4593, on page 1, line 11, by changing "knowingly" to "intentionally". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Crotty, HOUSE BILL 2947 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Bost, HOUSE BILL 3880 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Curry, HOUSE BILL 2949 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 101, Yeas; 14, 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 John Jones, HOUSE BILL 3293 was taken
[February 22, 2000] 46 up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hartke, HOUSE BILL 2970 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: 93, Yeas; 20, Nays; 1, 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 Persico, HOUSE BILL 3286 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 3, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Delgado, HOUSE BILL 3205 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Lawfer, HOUSE BILL 3558 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hoffman, HOUSE BILL 3859 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Eileen Lyons, HOUSE BILL 3126 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority
47 [February 22, 2000] 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 4160. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4160 AMENDMENT NO. 1. Amend House Bill 4160 as follows: on page 3, line 11, after "provisions.", by inserting the following: "When granting waivers under this Section, the Department shall determine a specific relationship between the domestic violence suffered by the client and the need to waive a requirement because domestic violence makes it more difficult or impossible for the client to meet the requirement."; and on page 4, by replacing lines 7 through 34 with the following: "(g) The Department of Human Services, or any successor Department or Agency responsible for the operation of the TANF program under Article IV, shall be responsible for the coordination of policies and procedures to comply with this Section, in consultation with State and local domestic violence experts. Those policies and procedures include, but are not limited to, the screening and identification of victims of domestic violence, notification to applicants and recipients of assistance, maintaining confidentiality, referral to services, the waiver process, determining evidence of domestic violence, and training of State employees. The policies and procedures shall apply to State Departments and Agencies which directly administer programs affected by the waivers that might be granted under subsection (d) above, including but not limited to the provision of assistance under TANF, paternity establishment and child support cooperation, and work, education, and training programs."; and on page 5, by deleting lines 1 through 8. 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 4043. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4043 AMENDMENT NO. 1. Amend House Bill 4043 by replacing the title with the following: "AN ACT to amend the Liquor Control Act of 1934 by changing Section 7-5."; and by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Section 7-5 as follows: (235 ILCS 5/7-5) (from Ch. 43, par. 149) Sec. 7-5. The local liquor control commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of this Act or of any valid ordinance or resolution enacted by the particular city council, president, or board of trustees or county board (as the case may be) or any applicable rule or regulations established by the local liquor control commissioner or the State commission which is not inconsistent
[February 22, 2000] 48 with law. In addition to the suspension, the local liquor control commissioner in any county or municipality may levy a fine on the licensee for such violations. The fine imposed shall not exceed $2,000
49 [February 22, 2000] Commerce, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4651 AMENDMENT NO. 1. Amend House Bill 4651 by replacing the title with the following: "AN ACT concerning local governments."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by adding Section 3-14002.5 as follows: (55 ILCS 5/3-14002.5 new) Sec. 3-14002.5. Power to deduct wages for municipal debts. (a) Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more that a debt is due and owing the municipality by an employee of a county with a population of 3,000,000 or more, the county may withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. (b) Before the county deducts any amount from any salary or wage of an employee under this Section, the municipality shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality. (c) For purposes of this Section: (1) "Net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted. (2) "Debt due and owing" means (i) a specified sum of money owed to the municipality for city services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. (d) Nothing in this Section is intended to affect the power of a county to withhold the amount of any debt that is due and owing the county by any of its employees. Section 10. The Illinois Municipal Code is amended by adding Section 10-4-8 as follows: (65 ILCS 5/10-4-8 new) Sec. 10-4-8. Power to deduct wages for county debts. (a) Upon receipt of notice from the comptroller of a county with a population of 3,000,000 or more that a debt is due and owing the county by an employee of a municipality with a population of 500,000 or more, the municipality may withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the county; provided, however that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. (b) Before the municipality deducts any amount from any salary or wage of an employee under this Section, the county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owning the county. (c) For purposes of this Section: (1) "Net amount" means the part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted. (2) "Debt due and owing" means (i) a specified sum of money owed to the county for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the county pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. (d) Nothing in this Section is intended to affect the power of a municipality to withhold the amount of any debt that is due and owing
[February 22, 2000] 50 the municipality by any of its employees. Section 15. The Cook County Forest Preserve District Act is amended by adding Section 17.5 as follows: (70 ILCS 810/17.5 new) Sec. 17.5. Power to deduct wages for municipal or county debts. (a) Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more that a debt is due and owing the municipality or county by an employee of the District, the District may withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality or county; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. (b) Before the District deducts any amount from any salary or wage of an employee under this Section, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. (c) For purposes of this Section: (1) "Net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted. (2) "Debt due and owing" means (i) a specified sum of money owed to the municipality or county for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality or county pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. Section 17. The Chicago Park District Act is amended by changing Section 16b as follows: (70 ILCS 1505/16b) Sec. 16b. Power to deduct wages for municipal or county debts. Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more that a debt is due and owing the municipality or county by an employee of the Chicago Park District, the District may withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality or county; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the District deducts any amount from any salary or wage of an employee under this Section, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. For purposes of this Section, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality or county for
51 [February 22, 2000] payment shall not exceed 25% of the net amount of the payment. (b) Before the District deducts any amount from any salary or wage of an employee under this Section, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. (c) For purposes of this Section: (1) "Net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted. (2) "Debt due and owing" means (i) a specified sum of money owed to the municipality or county for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality or county pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. Section 22. The Metropolitan Transit Authority Act is amended by changing Section 28c as follows: (70 ILCS 3605/28c) Sec. 28c. Power to deduct wages for municipal or county debts. Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more that a debt is due and owing the municipality or county by an employee of the Authority, the Authority may withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality or county; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the Authority deducts any amount from any salary or wage of an employee under this Section, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. For purposes of this Section, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality or county for
[February 22, 2000] 52 or 18-8.05. To admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board. The board shall permit all students to enroll in apprenticeship programs in trade schools operated by the board, whether those programs are union-sponsored or not. No student shall be refused admission into or be excluded from any course of instruction offered in the common schools by reason of that student's sex. No student shall be denied equal access to physical education and interscholastic athletic programs supported from school district funds or denied participation in comparable physical education and athletic programs solely by reason of the student's sex. Equal access to programs supported from school district funds and comparable programs will be defined in rules promulgated by the State Board of Education in consultation with the Illinois High School Association. Notwithstanding any other provision of this Article, neither the board of education nor any local school council or other school official shall recommend that children with disabilities be placed into regular education classrooms unless those children with disabilities are provided with supplementary services to assist them so that they benefit from the regular classroom instruction and are included on the teacher's regular education class register; 2. To furnish lunches to pupils, to make a reasonable charge therefor, and to use school funds for the payment of such expenses as the board may determine are necessary in conducting the school lunch program; 3. To co-operate with the circuit court; 4. To make arrangements with the public or quasi-public libraries and museums for the use of their facilities by teachers and pupils of the public schools; 5. To employ dentists and prescribe their duties for the purpose of treating the pupils in the schools, but accepting such treatment shall be optional with parents or guardians; 6. To grant the use of assembly halls and classrooms when not otherwise needed, including light, heat, and attendants, for free public lectures, concerts, and other educational and social interests, free of charge, under such provisions and control as the principal of the affected attendance center may prescribe; 7. To apportion the pupils to the several schools; provided that no pupil shall be excluded from or segregated in any such school on account of his color, race, sex, or nationality. The board shall take into consideration the prevention of segregation and the elimination of separation of children in public schools because of color, race, sex, or nationality. Except that children may be committed to or attend parental and social adjustment schools established and maintained either for boys or girls only. All records pertaining to the creation, alteration or revision of attendance areas shall be open to the public. Nothing herein shall limit the board's authority to establish multi-area attendance centers or other student assignment systems for desegregation purposes or otherwise, and to apportion the pupils to the several schools. Furthermore, beginning in school year 1994-95, pursuant to a board plan adopted by October 1, 1993, the board shall offer, commencing on a phased-in basis, the opportunity for families within the school district to apply for enrollment of their children in any attendance center within the school district which does not have selective admission requirements approved by the board. The appropriate geographical area in which such open enrollment may be exercised shall be determined by the board of education. Such children may be admitted to any such attendance center on a space available basis after all children residing within such attendance center's area have been accommodated. If the number of applicants from outside the attendance area exceed the space available, then successful applicants shall be selected by lottery. The board of education's open enrollment plan must
53 [February 22, 2000] include provisions that allow low income students to have access to transportation needed to exercise school choice. Open enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Section 34-1.01; 8. To approve programs and policies for providing transportation services to students. Nothing herein shall be construed to permit or empower the State Board of Education to order, mandate, or require busing or other transportation of pupils for the purpose of achieving racial balance in any school; 9. Subject to the limitations in this Article, to establish and approve system-wide curriculum objectives and standards, including graduation standards, which reflect the multi-cultural diversity in the city and are consistent with State law, provided that for all purposes of this Article courses or proficiency in American Sign Language shall be deemed to constitute courses or proficiency in a foreign language; and to employ principals and teachers, appointed as provided in this Article, and fix their compensation. The board shall prepare such reports related to minimal competency testing as may be requested by the State Board of Education, and in addition shall monitor and approve special education and bilingual education programs and policies within the district to assure that appropriate services are provided in accordance with applicable State and federal laws to children requiring services and education in those areas; 10. To employ non-teaching personnel or utilize volunteer personnel for: (i) non-teaching duties not requiring instructional judgment or evaluation of pupils, including library duties; and (ii) supervising study halls, long distance teaching reception areas used incident to instructional programs transmitted by electronic media such as computers, video, and audio, detention and discipline areas, and school-sponsored extracurricular activities. The board may further utilize volunteer non-certificated personnel or employ non-certificated personnel to assist in the instruction of pupils under the immediate supervision of a teacher holding a valid certificate, directly engaged in teaching subject matter or conducting activities; provided that the teacher shall be continuously aware of the non-certificated persons' activities and shall be able to control or modify them. The general superintendent shall determine qualifications of such personnel and shall prescribe rules for determining the duties and activities to be assigned to such personnel; 11. To provide television studio facilities in not to exceed one school building and to provide programs for educational purposes, provided, however, that the board shall not construct, acquire, operate, or maintain a television transmitter; to grant the use of its studio facilities to a licensed television station located in the school district; and to maintain and operate not to exceed one school radio transmitting station and provide programs for educational purposes; 12. To offer, if deemed appropriate, outdoor education courses, including field trips within the State of Illinois, or adjacent states, and to use school educational funds for the expense of the said outdoor educational programs, whether within the school district or not; 13. During that period of the calendar year not embraced within the regular school term, to provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term and to give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education; 14. To insure against any loss or liability of the board, the former School Board Nominating Commission, Local School Councils, the Chicago Schools Academic Accountability Council, or the former Subdistrict Councils or of any member, officer, agent or employee thereof, resulting from alleged violations of civil rights arising from incidents occurring on or after September 5, 1967 or from the
[February 22, 2000] 54 wrongful or negligent act or omission of any such person whether occurring within or without the school premises, provided the officer, agent or employee was, at the time of the alleged violation of civil rights or wrongful act or omission, acting within the scope of his employment or under direction of the board, the former School Board Nominating Commission, the Chicago Schools Academic Accountability Council, Local School Councils, or the former Subdistrict Councils; and to provide for or participate in insurance plans for its officers and employees, including but not limited to retirement annuities, medical, surgical and hospitalization benefits in such types and amounts as may be determined by the board; provided, however, that the board shall contract for such insurance only with an insurance company authorized to do business in this State. Such insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing, in accordance with the tenets and practice of a recognized religious denomination; 15. To contract with the corporate authorities of any municipality or the county board of any county, as the case may be, to provide for the regulation of traffic in parking areas of property used for school purposes, in such manner as is provided by Section 11-209 of The Illinois Vehicle Code, approved September 29, 1969, as amended; 16. To provide, on an equal basis, access to the school campus to the official recruiting representatives of the armed forces of Illinois and the United States for the purposes of informing students of the educational and career opportunities available in the military if the board has provided such access to persons or groups whose purpose is to acquaint students with educational or occupational opportunities available to them. The board is not required to give greater notice regarding the right of access to recruiting representatives than is given to other persons and groups; 17. (a) To sell or market any computer program developed by an employee of the school district, provided that such employee developed the computer program as a direct result of his or her duties with the school district or through the utilization of the school district resources or facilities. The employee who developed the computer program shall be entitled to share in the proceeds of such sale or marketing of the computer program. The distribution of such proceeds between the employee and the school district shall be as agreed upon by the employee and the school district, except that neither the employee nor the school district may receive more than 90% of such proceeds. The negotiation for an employee who is represented by an exclusive bargaining representative may be conducted by such bargaining representative at the employee's request. (b) For the purpose of this paragraph 17: (1) "Computer" means an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation. (2) "Computer program" means a series of coded instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result. (3) "Proceeds" means profits derived from marketing or sale of a product after deducting the expenses of developing and marketing such product; 18. To delegate to the general superintendent of schools, by resolution, the authority to approve contracts and expenditures in amounts of $10,000 or less; 19. Upon the written request of an employee, to withhold from the compensation of that employee any dues, payments or contributions payable by such employee to any labor organization as defined in the Illinois Educational Labor Relations Act. Under
55 [February 22, 2000] such arrangement, an amount shall be withheld from each regular payroll period which is equal to the pro rata share of the annual dues plus any payments or contributions, and the board shall transmit such withholdings to the specified labor organization within 10 working days from the time of the withholding; 19a. Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more that a debt is due and owing the municipality or county by an employee of the Chicago School Reform Board of Trustees, to withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality or county; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the Board deducts any amount from any salary or wage of an employee under this paragraph, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. For purposes of this paragraph, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality or county for
[February 22, 2000] 56 schools and school buildings within the district, addressing in that policy both the relative priority for major repairs, renovations and additions to school facilities, and the advisability or necessity of building new school facilities or closing existing schools to meet current or projected demographic patterns within the district; 25. To make available to the students in every high school attendance center the ability to take all courses necessary to comply with the Board of Higher Education's college entrance criteria effective in 1993; 26. To encourage mid-career changes into the teaching profession, whereby qualified professionals become certified teachers, by allowing credit for professional employment in related fields when determining point of entry on teacher pay scale; 27. To provide or contract out training programs for administrative personnel and principals with revised or expanded duties pursuant to this Act in order to assure they have the knowledge and skills to perform their duties; 28. To establish a fund for the prioritized special needs programs, and to allocate such funds and other lump sum amounts to each attendance center in a manner consistent with the provisions of part 4 of Section 34-2.3. Nothing in this paragraph shall be construed to require any additional appropriations of State funds for this purpose; 29. (Blank); 30. Notwithstanding any other provision of this Act or any other law to the contrary, to contract with third parties for services otherwise performed by employees, including those in a bargaining unit, and to layoff those employees upon 14 days written notice to the affected employees. Those contracts may be for a period not to exceed 5 years and may be awarded on a system-wide basis; 31. To promulgate rules establishing procedures governing the layoff or reduction in force of employees and the recall of such employees, including, but not limited to, criteria for such layoffs, reductions in force or recall rights of such employees and the weight to be given to any particular criterion. Such criteria shall take into account factors including, but not be limited to, qualifications, certifications, experience, performance ratings or evaluations, and any other factors relating to an employee's job performance; and 32. To develop a policy to prevent nepotism in the hiring of personnel or the selection of contractors. The specifications of the powers herein granted are not to be construed as exclusive but the board shall also exercise all other powers that they may be requisite or proper for the maintenance and the development of a public school system, not inconsistent with the other provisions of this Article or provisions of this Code which apply to all school districts. In addition to the powers herein granted and authorized to be exercised by the board, it shall be the duty of the board to review or to direct independent reviews of special education expenditures and services. The board shall file a report of such review with the General Assembly on or before May 1, 1990. (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 1-1-98.) Section 25. The Housing Authorities Act is amended by adding Section 6.1 as follows: (310 ILCS 10/6.1 new) Sec. 6.1. Power to deduct wages for municipal or county debts. (a) Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more that a debt is due and owing the municipality or county by an employee of the housing authority of a municipality with a population of 500,000 or more, that authority may withhold, from the compensation of that employee, the amount of the debt that is due and
57 [February 22, 2000] owing and pay the amount withheld to the municipality or county; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. (b) Before the housing authority of a municipality with a population of 500,000 or more deducts any amount from any salary or wage of an employee under this Section, the municipality or county shall certify that the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality or county. (c) For purposes of this Section: (1) "Net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted. (2) "Debt due and owing" means (i) a specified sum of money owed to the municipality or county for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality or county pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. Section 30. The Illinois Wage Payment and Collection Act is amended by changing Section 9 as follows: (820 ILCS 115/9) (from Ch. 48, par. 39m-9) Sec. 9. Except as hereinafter provided, deductions by employers from wages or final compensation are prohibited unless such deductions are (1) required by law; (2) to the benefit of the employee; (3) in response to a valid wage assignment or wage deduction order; (4) made with the express written consent of the employee, given freely at the time the deduction is made; (5) made by a municipality with a population of 500,000 or more, a county with a population of 3,000,000 or more, a community college district in a city with a population of 500,000 or more, a housing authority in a municipality with a population of 500,000 or more, the Chicago Park District, the Metropolitan Transit Authority,
[February 22, 2000] 58 of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality, county, or housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, county, or housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review. Where the legitimacy of any deduction from wages is in dispute, the amount in question may be withheld if the employer notifies the Department of Labor on the date the payment is due in writing of the amount that is being withheld and stating the reasons for which the payment is withheld. Upon such notification the Department of Labor shall conduct an investigation and render a judgment as promptly as possible, and shall complete such investigation within 30 days of receipt of the notification by the employer that wages have been withheld. The employer shall pay the wages due upon order of the Department of Labor within 15 calendar days of issuance of a judgment on the dispute. The Department shall establish rules to protect the interests of both parties in cases of disputed deductions from wages. Such rules shall include reasonable limitations on the amount of deductions beyond those required by law which may be made during any pay period by any employer. In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to be due, leaving to the employee all remedies to which he may otherwise be entitled as to any balance claimed. The acceptance by an employee of a disputed paycheck shall not constitute a release as to the balance of his claim and any release or restrictive endorsement required by an employer as a condition to payment shall be a violation of this Act and shall be void. (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 3420. Having been printed, was taken up and read by title a second time. Representative McCarthy offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3420 AMENDMENT NO. 1. Amend House Bill 3420 as follows: on page 2, line 33, by replacing "means." with "means; provided that any forms, records, electronic records, and methods of electronic payment relating to the filing and payment of taxes shall be prescribed by the Department of Revenue."; and on page 4, line 12, after "submitter", by inserting "upon its best knowledge"; and on page 4, by replacing lines 20 through 23 with the following: "(d) When an agreement is made to accept electronic records, the Secretary of State shall not be required to produce a written record for the submitter with whom the Secretary of State has the agreement until requested to do so by the submitter. (e) Upon the request of a lienholder submitter, the Secretary of State shall provide electronic notification to the lienholder submitter to verify the notation and perfection of the lienholder's security interest in a vehicle for which the certificate of title is an electronic record. Upon receipt of an electronic message from a lienholder submitter with a security interest in a vehicle for which the certificate of title is an electronic record that the lien should be released, the Secretary of State shall enter the appropriate
59 [February 22, 2000] electronic record of the release of lien and print and mail a paper certificate of title to the owner or lienholder at no expense. The Secretary of State may also mail the certificate to any other person that delivers to the Secretary of State an authorization from the owner to receive the certificate. If another lienholder holds a properly perfected security interest in the vehicle as reflected in the records of the Secretary of State, the certificate shall be delivered to that lienholder instead of the owner.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3465. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3465 AMENDMENT NO. 1. Amend House Bill 3465, on page 1, by replacing lines 29 and 30 with the following: "(d) Sentence. (1) A violation of subsection (a) or (a-5) is a Class A misdemeanor. (2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of a videotape, photograph, or film in violation of subsection (a) or (a-5) is guilty of a Class 4 felony.". 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 4341. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 4341 AMENDMENT NO. 1. Amend House Bill 4341 on page 3, line 4, after "record", by inserting "or records"; and on page 3, line 5, after "copied", by inserting ", or that the public body has otherwise failed to comply with this Act,"; and on page 3, by replacing lines 8 through 12 with the following: "the Act, including reasonable attorney's fees. An award of attorney's fees and costs shall include attorney's fees and costs associated with work on an appeal.". AMENDMENT NO. 2 TO HOUSE BILL 4341 AMENDMENT NO. 2. Amend House Bill 4341 on page 3, line 3, by deleting "(a)"; and on page 3, line 5, after "record", by inserting "or records"; and on page 3, line 6, after "copied", by inserting ", or that the public body has otherwise failed to comply with this Act"; and on page 3, by replacing lines 7 through 12 with the following: "person who has substantially prevailed in a proceeding under this Section the reasonable costs of enforcing the Act, including reasonable attorney's fees. An award of attorney's fees and costs shall include
[February 22, 2000] 60 attorney's fees and costs associated with work on an appeal.". There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Coulson, HOUSE BILL 3119 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bellock, HOUSE BILL 2979 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Durkin, HOUSE BILL 3180 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: 75, Yeas; 35, Nays; 3, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 1776. At the hour of 5:09 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, February 23, 2000, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
61 [February 22, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE FEB 22, 2000 0 YEAS 0 NAYS 115 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 E BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI E 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 E 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 E - Denotes Excused Absence
[February 22, 2000] 62 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2947 DCFS-DISCLOSE REPORTS THIRD READING PASSED FEB 22, 2000 115 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 E - Denotes Excused Absence
63 [February 22, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3880 CD CORR-MEDICAL CARE-CO-PAY THIRD READING PASSED FEB 22, 2000 115 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 E - Denotes Excused Absence
[February 22, 2000] 64 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2949 SCH CD-INCREAS SUPP GEN ST AID THIRD READING PASSED FEB 22, 2000 101 YEAS 14 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 N BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP E BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI E 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 N COWLISHAW Y HOWARD Y MULLIGAN E STROGER N CROSS N 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 N DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG Y POE N ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
65 [February 22, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3293 STATE TREASURER-DISSOLVE CDFC THIRD READING PASSED FEB 22, 2000 113 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON A HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN E 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 A 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 E - Denotes Excused Absence
[February 22, 2000] 66 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2970 AGGREGATE MINING THIRD READING PASSED FEB 22, 2000 93 YEAS 20 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ Y BASSI N FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH N 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 E BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI E HASSERT Y MITCHELL,JERRY N SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER N COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD N MULLIGAN E STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD N DURKIN N KRAUSE Y PERSICO Y YOUNGE N ERWIN P LANG Y POE N ZICKUS N FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
67 [February 22, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3286 BNK ACT AFFILIATE TRANSACTION THIRD READING PASSED FEB 22, 2000 111 YEAS 0 NAYS 3 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI P 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 P SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 P 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 22, 2000] 68 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3205 MEDICAID-BEHAVIOR SRVC-PROVIDR THIRD READING PASSED FEB 22, 2000 113 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 A 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
69 [February 22, 2000] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3558 LAND RECLAM-SPENDING POWER THIRD READING PASSED FEB 22, 2000 113 YEAS 0 NAYS 1 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 P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 22, 2000] 70 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3859 VEH CD-RR ACCIDENT COUNSELING THIRD READING PASSED FEB 22, 2000 113 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 A 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
71 [February 22, 2000] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3126 PUB AID-CHILD SUPPRT-PASS THRU THIRD READING PASSED FEB 22, 2000 114 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 22, 2000] 72 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3119 GOOD SAMARITAN-DAY OLD BREAD THIRD READING PASSED FEB 22, 2000 113 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 A MULLIGAN E 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
73 [February 22, 2000] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2979 SUPPORT-DISCOVERY-EVIDENCE THIRD READING PASSED FEB 22, 2000 114 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 E BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E 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 E 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 A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[February 22, 2000] 74 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3180 CD CORR-INSANITY-RELEASE-PROOF THIRD READING PASSED FEB 22, 2000 75 YEAS 35 NAYS 3 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN N FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ N BOLAND P GILES Y McAULIFFE Y SCHOENBERG Y BOST N GRANBERG N McCARTHY N SCOTT Y BRADLEY N HAMOS N McGUIRE Y SCULLY Y BRADY Y HANNIG N McKEON N SHARP E BROSNAHAN N HARRIS Y MEYER Y SILVA Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI E HASSERT N MITCHELL,JERRY N SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER P COULSON Y HOLBROOK N MORROW Y STEPHENS Y COWLISHAW N HOWARD Y MULLIGAN E STROGER Y CROSS Y HULTGREN N MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL Y DART N JONES,SHIRLEY N OSMOND Y WINTERS N DAVIS,MONIQUE P KENNER N OSTERMAN Y WIRSING Y DAVIS,STEVE N KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN N KRAUSE Y PERSICO Y YOUNGE N ERWIN N LANG Y POE Y ZICKUS N FEIGENHOLTZ Y LAWFER N PUGH A MR. SPEAKER N FLOWERS A LEITCH E - Denotes Excused Absence