STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
98TH LEGISLATIVE DAY
WEDNESDAY, FEBRUARY 23, 2000
11:00 O'CLOCK A.M.
NO. 98
[February 23, 2000] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
98th Legislative Day
Action Page(s)
Adjournment........................................ 112
Change of Sponsorship.............................. 19
Committee on Rules Referrals....................... 8
Correctional Budget & Impact Note Requested........ 9
Correctional Budget And Impact Notes Supplied...... 9
Fiscal Note Withdrawn.............................. 8
Fiscal Notes Requested............................. 8
Fiscal Notes Supplied.............................. 8
Home Rule Note Requested........................... 8
Home Rule Notes Supplied........................... 9
Housing Affordability Impact Note Requested........ 9
Judicial Note Supplied............................. 9
Letter of Transmittal.............................. 7
Quorum Roll Call................................... 7
State Mandate Notes Requested...................... 9
State Mandate Notes Supplied....................... 9
Bill Number Legislative Action Page(s)
HB 1544 Second Reading - Amendment/s....................... 105
HB 2880 Recall............................................. 87
HB 2888 Third Reading...................................... 93
HB 2899 Third Reading...................................... 93
HB 2962 Committee Report-Floor Amendment/s................. 18
HB 2962 Second Reading - Amendment/s....................... 95
HB 2962 Second Reading - Amendment/s....................... 34
HB 2985 Second Reading..................................... 96
HB 2992 Committee Report-Floor Amendment/s................. 14
HB 2992 Second Reading - Amendment/s....................... 25
HB 3027 Motion Submitted................................... 8
HB 3112 Third Reading...................................... 93
HB 3132 Committee Report-Floor Amendment/s................. 18
HB 3132 Second Reading - Amendment/s....................... 88
HB 3169 Third Reading...................................... 93
HB 3223 Third Reading...................................... 110
HB 3239 Second Reading..................................... 25
HB 3250 Committee Report................................... 15
HB 3251 Committee Report................................... 15
HB 3254 Committee Report-Floor Amendment/s................. 7
HB 3254 Second Reading - Amendment/s....................... 96
HB 3256 Third Reading...................................... 109
HB 3262 Second Reading..................................... 25
HB 3287 Recall............................................. 87
HB 3309 Third Reading...................................... 93
HB 3315 Third Reading...................................... 107
HB 3319 Third Reading...................................... 106
HB 3355 Third Reading...................................... 93
HB 3402 Committee Report-Floor Amendment/s................. 17
HB 3402 Second Reading - Amendment/s....................... 27
HB 3404 Committee Report-Floor Amendment/s................. 17
HB 3428 Third Reading...................................... 106
HB 3435 Third Reading...................................... 107
HB 3455 Third Reading...................................... 93
HB 3469 Second Reading - Amendment/s....................... 90
HB 3535 Second Reading..................................... 25
HB 3550 Committee Report................................... 15
HB 3636 Third Reading...................................... 107
3 [February 23, 2000]
Bill Number Legislative Action Page(s)
HB 3840 Committee Report-Floor Amendment/s................. 17
HB 3840 Second Reading - Amendment/s....................... 94
HB 3840 Second Reading..................................... 105
HB 3840 Second Reading - Amendment/s....................... 87
HB 3850 Third Reading...................................... 108
HB 3861 Third Reading...................................... 107
HB 3869 Third Reading...................................... 110
HB 3881 Recall............................................. 87
HB 3901 Committee Report-Floor Amendment/s................. 7
HB 3901 Recall............................................. 108
HB 3902 Committee Report................................... 15
HB 3903 Second Reading..................................... 25
HB 3935 Second Reading - Amendment/s....................... 96
HB 3968 Third Reading...................................... 109
HB 3979 Recall............................................. 87
HB 3986 Recall............................................. 95
HB 3989 Third Reading...................................... 107
HB 3993 Third Reading...................................... 107
HB 3995 Recall............................................. 94
HB 4021 Committee Report-Floor Amendment/s................. 18
HB 4021 Second Reading - Amendment/s....................... 30
HB 4030 Third Reading...................................... 109
HB 4043 Third Reading...................................... 109
HB 4045 Second Reading..................................... 25
HB 4072 Recall............................................. 94
HB 4089 Third Reading...................................... 106
HB 4092 Third Reading...................................... 109
HB 4114 Committee Report................................... 15
HB 4138 Third Reading...................................... 109
HB 4160 Third Reading...................................... 110
HB 4163 Committee Report................................... 15
HB 4181 Second Reading..................................... 25
HB 4231 Committee Report-Floor Amendment/s................. 18
HB 4231 Second Reading - Amendment/s....................... 32
HB 4265 Third Reading...................................... 110
HB 4280 Third Reading...................................... 110
HB 4284 Committee Report-Floor Amendment/s................. 19
HB 4284 Second Reading - Amendment/s....................... 35
HB 4341 Third Reading...................................... 106
HB 4345 Committee Report................................... 15
HB 4348 Second Reading - Amendment/s....................... 89
HB 4357 Committee Report................................... 15
HB 4362 Committee Report................................... 15
HB 4364 Committee Report................................... 15
HB 4365 Committee Report................................... 15
HB 4366 Committee Report................................... 15
HB 4368 Committee Report................................... 15
HB 4373 Committee Report................................... 15
HB 4376 Committee Report................................... 15
HB 4378 Committee Report................................... 15
HB 4379 Committee Report................................... 15
HB 4381 Committee Report................................... 15
HB 4382 Committee Report................................... 15
HB 4385 Committee Report................................... 15
HB 4386 Committee Report................................... 15
HB 4387 Committee Report................................... 15
HB 4388 Committee Report................................... 15
HB 4393 Committee Report................................... 15
HB 4394 Committee Report................................... 15
HB 4398 Committee Report................................... 15
HB 4399 Committee Report................................... 15
HB 4400 Committee Report................................... 15
HB 4401 Committee Report................................... 15
HB 4402 Committee Report................................... 15
[February 23, 2000] 4
Bill Number Legislative Action Page(s)
HB 4404 Third Reading...................................... 110
HB 4409 Committee Report-Floor Amendment/s................. 19
HB 4409 Second Reading - Amendment/s....................... 42
HB 4432 Committee Report................................... 15
HB 4435 Committee Report................................... 15
HB 4436 Committee Report................................... 15
HB 4437 Committee Report................................... 15
HB 4438 Committee Report................................... 15
HB 4439 Committee Report................................... 15
HB 4440 Committee Report................................... 15
HB 4441 Committee Report................................... 15
HB 4442 Committee Report................................... 15
HB 4443 Committee Report................................... 15
HB 4444 Committee Report................................... 15
HB 4445 Committee Report................................... 15
HB 4446 Committee Report................................... 15
HB 4446 Committee Report................................... 15
HB 4480 Second Reading - Amendment/s....................... 105
HB 4483 Third Reading...................................... 107
HB 4491 Committee Report................................... 15
HB 4492 Committee Report................................... 15
HB 4493 Committee Report................................... 15
HB 4494 Committee Report................................... 15
HB 4495 Committee Report................................... 15
HB 4496 Committee Report................................... 15
HB 4497 Committee Report................................... 15
HB 4498 Committee Report................................... 15
HB 4499 Committee Report................................... 15
HB 4500 Committee Report................................... 15
HB 4501 Committee Report................................... 15
HB 4502 Committee Report................................... 15
HB 4503 Committee Report................................... 15
HB 4504 Committee Report................................... 15
HB 4505 Committee Report................................... 15
HB 4506 Committee Report................................... 15
HB 4507 Committee Report................................... 15
HB 4508 Committee Report................................... 15
HB 4509 Committee Report................................... 15
HB 4510 Committee Report................................... 15
HB 4511 Committee Report................................... 15
HB 4512 Committee Report................................... 15
HB 4513 Committee Report................................... 15
HB 4514 Committee Report................................... 15
HB 4516 Committee Report................................... 15
HB 4517 Committee Report................................... 15
HB 4518 Committee Report................................... 15
HB 4519 Committee Report................................... 15
HB 4520 Committee Report................................... 15
HB 4522 Committee Report................................... 15
HB 4523 Committee Report................................... 15
HB 4527 Committee Report................................... 15
HB 4528 Committee Report................................... 15
HB 4529 Committee Report................................... 15
HB 4538 Committee Report................................... 15
HB 4545 Committee Report................................... 15
HB 4546 Committee Report................................... 15
HB 4547 Committee Report................................... 15
HB 4549 Committee Report................................... 15
HB 4550 Committee Report................................... 15
HB 4554 Committee Report................................... 15
HB 4555 Committee Report................................... 15
HB 4556 Committee Report................................... 15
HB 4568 Committee Report................................... 15
HB 4572 Committee Report................................... 15
5 [February 23, 2000]
Bill Number Legislative Action Page(s)
HB 4573 Committee Report................................... 15
HB 4576 Committee Report................................... 15
HB 4593 Third Reading...................................... 110
HB 4634 Committee Report................................... 15
HR 0561 Committee Report................................... 16
HR 0600 Agreed Resolution.................................. 21
HR 0601 Agreed Resolution.................................. 21
HR 0602 Agreed Resolution.................................. 22
HR 0603 Agreed Resolution.................................. 23
HR 0604 Agreed Resolution.................................. 23
HR 0605 Agreed Resolution.................................. 24
HR 0606 Agreed Resolution.................................. 24
SB 0452 Committee Report-Floor Amendment/s................. 18
SB 0452 Second Reading - Amendment/s....................... 69
SB 0563 Third Reading...................................... 108
SB 0810 Senate Message - Passage of Senate Bill............ 10
SB 1241 Senate Message - Passage of Senate Bill............ 10
SB 1249 Senate Message - Passage of Senate Bill............ 10
SB 1266 Senate Message - Passage of Senate Bill............ 10
SB 1268 Senate Message - Passage of Senate Bill............ 10
SB 1273 Senate Message - Passage of Senate Bill............ 10
SB 1284 Senate Message - Passage of Senate Bill............ 10
SB 1293 Senate Message - Passage of Senate Bill............ 10
SB 1294 Senate Message - Passage of Senate Bill............ 10
SB 1297 Senate Message - Passage of Senate Bill............ 10
SB 1298 Senate Message - Passage of Senate Bill............ 10
SB 1303 Senate Message - Passage of Senate Bill............ 10
SB 1319 Senate Message - Passage of Senate Bill............ 10
SB 1321 Senate Message - Passage of Senate Bill............ 10
SB 1326 Senate Message - Passage of Senate Bill............ 10
SB 1329 Senate Message - Passage of Senate Bill............ 11
SB 1331 Senate Message - Passage of Senate Bill............ 11
SB 1353 Senate Message - Passage of Senate Bill............ 11
SB 1359 Senate Message - Passage of Senate Bill............ 11
SB 1360 Senate Message - Passage of Senate Bill............ 11
SB 1361 Senate Message - Passage of Senate Bill............ 11
SB 1362 Senate Message - Passage of Senate Bill............ 11
SB 1363 Senate Message - Passage of Senate Bill............ 11
SB 1364 Senate Message - Passage of Senate Bill............ 11
SB 1365 Senate Message - Passage of Senate Bill............ 11
SB 1377 Senate Message - Passage of Senate Bill............ 11
SB 1387 Senate Message - Passage of Senate Bill............ 11
SB 1388 Senate Message - Passage of Senate Bill............ 11
SB 1389 Senate Message - Passage of Senate Bill............ 11
SB 1398 Senate Message - Passage of Senate Bill............ 11
SB 1400 Senate Message - Passage of Senate Bill............ 11
SB 1409 Senate Message - Passage of Senate Bill............ 13
SB 1425 Senate Message - Passage of Senate Bill............ 13
SB 1427 Senate Message - Passage of Senate Bill............ 13
SB 1428 Senate Message - Passage of Senate Bill............ 13
SB 1434 Senate Message - Passage of Senate Bill............ 13
SB 1442 Senate Message - Passage of Senate Bill............ 13
SB 1451 Senate Message - Passage of Senate Bill............ 13
SB 1474 Senate Message - Passage of Senate Bill............ 13
SB 1503 Senate Message - Passage of Senate Bill............ 13
SB 1507 Senate Message - Passage of Senate Bill............ 13
SB 1511 Senate Message - Passage of Senate Bill............ 13
SB 1524 Senate Message - Passage of Senate Bill............ 13
SB 1533 Senate Message - Passage of Senate Bill............ 13
SB 1537 Senate Message - Passage of Senate Bill............ 13
SB 1538 Senate Message - Passage of Senate Bill............ 13
SB 1555 Senate Message - Passage of Senate Bill............ 13
SB 1559 Senate Message - Passage of Senate Bill............ 13
SB 1571 Senate Message - Passage of Senate Bill............ 14
[February 23, 2000] 6
Bill Number Legislative Action Page(s)
SB 1582 Senate Message - Passage of Senate Bill............ 14
SB 1586 Senate Message - Passage of Senate Bill............ 14
SB 1591 Senate Message - Passage of Senate Bill............ 14
SB 1592 Senate Message - Passage of Senate Bill............ 14
SB 1609 Senate Message - Passage of Senate Bill............ 14
SB 1617 Senate Message - Passage of Senate Bill............ 14
SB 1634 Senate Message - Passage of Senate Bill............ 14
SB 1638 Senate Message - Passage of Senate Bill............ 14
SB 1648 Senate Message - Passage of Senate Bill............ 14
SB 1650 Senate Message - Passage of Senate Bill............ 14
SB 1652 Senate Message - Passage of Senate Bill............ 14
SB 1690 Senate Message - Passage of Senate Bill............ 14
SB 1695 Senate Message - Passage of Senate Bill............ 14
SB 1701 Senate Message - Passage of Senate Bill............ 14
SB 1712 Senate Message - Passage of Senate Bill............ 14
SB 1861 Senate Message - Passage of Senate Bill............ 14
SB 1862 Senate Message - Passage of Senate Bill............ 14
SB 1881 Senate Message - Passage of Senate Bill............ 14
7 [February 23, 2000]
The House met pursuant to adjournment.
Representative Brunsvold in the Chair.
Prayer by Pastor Miles Knutson with the Family Christian Center in
Columbia, Illinois.
Representative Bugielski 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 Hassert and Stroger were
excused from attendance.
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Brosnahan, should
be recorded as present.
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Currie, should be
recorded as present.
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Gash, should be
recorded as present.
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Hartke, should be
recorded as present.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules to
which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 3254.
Amendment No. 1 to HOUSE BILL 3901.
The committee roll call vote on the following Legislative Measures
is as follows:
3, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Ryder
A Hannig Y Tenhouse
A Turner, Art
LETTER OF TRANSMITTAL
JACK D. FRANKS
STATE REPRESENTATIVE - 63RD DISTRICT
February 23, 2000
Mr. Speaker
HB 3169
Due to a potential conflict, I have voted present.
s/Jack Franks
State Representative
[February 23, 2000] 8
SUBCOMMITTEE ASSIGNMENTS
Representative Daniels appointed the following Republican Members
to serve on the foregoing Committee:
Special House Committee on Telecommunications Review:
Representative Cross, Co-Chairperson; Representatives Black, Bost,
Cowlishaw, Hultgren, Krause, Meyer, Rutherford and Wojcik.
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 Executive: House Amendments 2 and 3 to HOUSE BILL
2884.
Committee on Higher Education: House Amendment 1 to HOUSE BILL
3576 and House Amendment 4 to HOUSE BILL 3831.
Committee on Judiciary II-Criminal Law: House Amendment 3 to HOUSE
BILL 3113.
Committee on State Government Administration: House Amendment 1 to
HOUSE BILL 3610 and House Amendment 1 to HOUSE BILL 3911.
MOTIONS
SUBMITTED
Representatives Parke, Mulligan, Leitch, Tom Johnson, Skinner,
Hultgren and Bellock submitted the following written motion, which was
placed on the order of Motions:
MOTION
Pursuant to Rule 52(A)(1), we move for the Debate Status on HOUSE
BILL 3027 be opened to Standard Debate.
REQUEST FOR FISCAL NOTES
Representative Black requested that Fiscal Notes be supplied for
HOUSE BILLS 2962, as amended, 3576, as amended, 3831, as amended, 3868
and 4409, as amended.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 1776, as amended,
2954, 2961, as amended, 2985, as amended, 3113, as amended, 3117, as
amended, 3254, 3262, 3315, as amended, 3903, 3966, as amended, 4116,
4166, 4181, 4537, 4623 and 4627.
FISCAL NOTE WITHDRAWN
Representative Black withdrew his request for a Fiscal Note on
HOUSE BILL 2993.
Representative Tenhouse withdrew his request for a Fiscal Note on
HOUSE BILL 3840.
REQUEST FOR HOME RULE NOTE
Representative Black requested that a Home Rule Note be supplied
for HOUSE BILL 4409, as amended.
9 [February 23, 2000]
HOME RULE NOTES SUPPLIED
Home Rule Notes have been supplied for HOUSE BILLS 3036, as
amended, 3106, as amended, 3262, 3903, 3935, as amended, and 4263;
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 19.
REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE
Representative Black requested that a Housing Affordability Impact
Note be supplied for HOUSE BILL 3868.
REQUEST FOR STATE MANDATES NOTE
Representative Black requested that a State Mandate Notes be
supplied for HOUSE BILL 2962, as amended and 4409, as amended.
STATE MANDATE NOTES SUPPLIED
State Mandate Notes have been supplied for HOUSE BILLS 2954, 2961,
as amended, 2985, as amended, 3009, as amended, 3036, as amended, 3106,
as amended, 3239, 3254, 3262, 3315, as amended, 3535, as amended, 3903,
3928, 3935, 3966, as amended, 4166, 4181, 4263, 4324, as amended, 4407,
as amended, 4480, as amended, 4611, 4632 and 4697.
REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
Representative Black requested that a Correctional Budget & Impact
Note be supplied for HOUSE BILL 4409, as amended.
CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
Correctional Budget And Impact Notes have been supplied for HOUSE
BILLS 3113, as amended, 4116, 4537, 4623 and 4627.
JUDICIAL NOTE SUPPLIED
A Judicial Note has been supplied for HOUSE BILL 2997, as amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has passed bills of the following titles, in the
passage of which I am instructed to ask the concurrence of the House of
Representatives, to-wit:
SENATE BILL NO. 810
A bill for AN ACT to amend the Illinois Income Tax Act by adding
Section 210.5.
SENATE BILL NO. 1241
A bill for AN ACT to amend the Illinois Vehicle Code.
SENATE BILL NO. 1249
A bill for AN ACT to amend the Longtime Owner-Occupant Property Tax
Relief Act by changing Section 15.
SENATE BILL NO. 1266
[February 23, 2000] 10
A bill for AN ACT to amend the Code of Civil Procedure by changing
Section 7-103.70.
SENATE BILL NO. 1268
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 19-4.
SENATE BILL NO. 1273
A bill for AN ACT to amend the Harassing and Obscene Communications
Act by changing Sections 1-1, 1-2, and 2.
SENATE BILL NO. 1284
A bill for AN ACT to amend the Voluntary Payroll Deductions Act of
1983.
SENATE BILL NO. 1293
A bill for AN ACT to amend the Election Code by adding Section
9-8.20.
SENATE BILL NO. 1294
A bill for AN ACT to amend the Forest Preserve Zoological Parks Act
by changing Section 1.
SENATE BILL NO. 1297
A bill for AN ACT to amend the Illinois Notary Public Act by
changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101.
SENATE BILL NO. 1298
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 15-109.1.
SENATE BILL NO. 1303
A bill for AN ACT to amend the Property Tax Code by changing
Sections 23-15 and 23-30.
SENATE BILL NO. 1319
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 32-4d.
SENATE BILL NO. 1321
A bill for AN ACT to amend the Compensation Review Act by changing
Section 4.
SENATE BILL NO. 1326
A bill for AN ACT to amend the Illinois Income Tax Act by changing
Section 201.
Passed by the Senate, February 23, 2000.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 810, 1241, 1249, 1266, 1268, 1273,
1284, 1293, 1294, 1297, 1298, 1303, 1319, 1321 and 1326 were
ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has passed bills of the following titles, in the
passage of which I am instructed to ask the concurrence of the House of
Representatives, to-wit:
SENATE BILL NO. 1329
A bill for AN ACT concerning higher education.
SENATE BILL NO. 1331
11 [February 23, 2000]
A bill for AN ACT to amend the Transient Merchant Act of 1987.
SENATE BILL NO. 1353
A bill for AN ACT to amend the Illinois Identification Card Act by
changing Section 8.
SENATE BILL NO. 1359
A bill for AN ACT to re-enact the amendatory changes to the WIC
Vendor Management Act made by Public Act 88-680.
SENATE BILL NO. 1360
A bill for AN ACT to re-enact Article V of the Juvenile Court Act
of 1987.
SENATE BILL NO. 1361
A bill for AN ACT to re-enact various provisions of Public Act
88-680 amending the Illinois Vehicle Code.
SENATE BILL NO. 1362
A bill for AN ACT to re-enact provisions of the Rights of Crime
Victims and Witnesses Act contained in Article 35 of Public Act 88-680.
SENATE BILL NO. 1363
A bill for AN ACT to re-enact provisions of the Firearm Owners
Identification Card Act contained in Article 50 of Public Act 88-680.
SENATE BILL NO. 1364
A bill for AN ACT to re-enact provisions of the Unified Code of
Corrections contained in Articles 35 and 50 of Public Act 88-680.
SENATE BILL NO. 1365
A bill for AN ACT to re-enact certain criminal provisions of Public
Act 88-680.
SENATE BILL NO. 1377
A bill for AN ACT to amend the Fire Protection District Act by
changing Section 14.05.
SENATE BILL NO. 1387
A bill for AN ACT in relation to public and community service.
SENATE BILL NO. 1388
A bill for AN ACT to amend the Adoption Act by changing Section 6.
SENATE BILL NO. 1389
A bill for AN ACT concerning higher education.
SENATE BILL NO. 1398
A bill for AN ACT to amend the Animal Welfare Act.
SENATE BILL NO. 1400
A bill for AN ACT to amend the Emergency Telephone System Act by
changing Section 15.6.
Passed by the Senate, February 23, 2000.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 1329, 1331, 1353, 1359, 1360, 1361,
1362, 1363, 1364, 1365, 1377, 1387, 1388, 1389, 1398 and 1400
were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has passed bills of the following titles, in the
[February 23, 2000] 12
passage of which I am instructed to ask the concurrence of the House of
Representatives, to-wit:
SENATE BILL NO. 1409
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 108B-8.
SENATE BILL NO. 1425
A bill for AN ACT concerning park districts.
SENATE BILL NO. 1427
A bill for AN ACT to amend the Emergency Medical Services (EMS)
Systems Act.
SENATE BILL NO. 1428
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 12-611.
SENATE BILL NO. 1434
A bill for AN ACT concerning dementia-related health care.
SENATE BILL NO. 1442
A bill for AN ACT to amend the Clerks of Courts Act by changing
Section 27.2a.
SENATE BILL NO. 1451
A bill for AN ACT to amend the Illinois Municipal Code by changing
Sections 8-8-3.5 and 11-74.6-22.
SENATE BILL NO. 1474
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 12-815.1.
SENATE BILL NO. 1503
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 4-107.
SENATE BILL NO. 1507
A bill for AN ACT to amend the Illinois Commission on Community
Service Act.
SENATE BILL NO. 1511
A bill for AN ACT relating to payment for certain services,
amending named Acts.
SENATE BILL NO. 1524
A bill for AN ACT to amend "An Act concerning real property",
Public Act 91-459, approved August 6, 1999, by changing Section 5-10.
SENATE BILL NO. 1533
A bill for AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by adding Section 604.5.
SENATE BILL NO. 1537
A bill for AN ACT concerning the Illinois prepaid tuition program.
SENATE BILL NO. 1538
A bill for AN ACT to amend the Higher Education Student Assistance
Act by changing Section 35.
SENATE BILL NO. 1555
A bill for AN ACT to amend the Civil Administrative Code of
Illinois.
SENATE BILL NO. 1559
A bill for AN ACT to amend the School Code by changing Section
13 [February 23, 2000]
17-2C.
Passed by the Senate, February 23, 2000.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 1409, 1425, 1427, 1428, 1434, 1442,
1451, 1474, 1503, 1507, 1511, 1524, 1533, 1537, 1538, 1555
and 1559 were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has passed bills of the following titles, in the
passage of which I am instructed to ask the concurrence of the House of
Representatives, to-wit:
SENATE BILL NO. 1571
A bill for AN ACT concerning municipal officers and firearms.
SENATE BILL NO. 1582
A bill for AN ACT to amend the Counties Code by changing Section
3-5018.
SENATE BILL NO. 1586
A bill for AN ACT to amend the Uniform Disposition of Unclaimed
Property Act by changing Sections 1 and 17.
SENATE BILL NO. 1591
A bill for AN ACT to revise the law by combining multiple
enactments and making technical corrections.
SENATE BILL NO. 1592
A bill for AN ACT to revise the law by combining multiple
enactments and making technical corrections.
SENATE BILL NO. 1609
A bill for AN ACT to amend the Emergency Medical Services (EMS)
Systems Act.
SENATE BILL NO. 1617
A bill for AN ACT concerning automobile insurance coverage.
SENATE BILL NO. 1634
A bill for AN ACT to amend the Illinois Family Farmer Support Act
by changing Section 10.
SENATE BILL NO. 1638
A bill for AN ACT to amend the Illinois Public Aid Code by adding
Section 10-26.5.
SENATE BILL NO. 1648
A bill for AN ACT in relation to environmental protection.
SENATE BILL NO. 1650
A bill for AN ACT to amend the Illinois Fertilizer Act of 1961 by
changing Section 6b.
SENATE BILL NO. 1652
A bill for AN ACT to amend the State Employees Group Insurance Act
of 1971 by changing Section 5.
SENATE BILL NO. 1690
A bill for AN ACT to amend the Principal and Income Act by changing
Sections 6 and 14.
[February 23, 2000] 14
SENATE BILL NO. 1695
A bill for AN ACT to amend the Illinois Controlled Substances Act
by changing Section 401.5.
SENATE BILL NO. 1701
A bill for AN ACT concerning insurance exchanges.
SENATE BILL NO. 1712
A bill for AN ACT to amend the Illinois Public Aid Code by changing
Section 4-22.
Passed by the Senate, February 23, 2000.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 1571, 1582, 1586, 1591, 1592, 1609,
1617, 1634, 1638, 1648, 1650, 1652, 1690, 1695, 1701 and 1712
were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has passed bills of the following titles, in the
passage of which I am instructed to ask the concurrence of the House of
Representatives, to-wit:
SENATE BILL NO. 1861
A bill for AN ACT concerned with driving while under the influence
of alcohol or other drugs.
SENATE BILL NO. 1862
A bill for AN ACT to amend the State Treasurer Act by changing
Section 16.5.
SENATE BILL NO. 1881
A bill for AN ACT to amend the Sanitary District Act of 1936 by
changing Section 1.
Passed by the Senate, February 23, 2000.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 1861, 1862 and 1881 were ordered
printed and to a First Reading.
REPORTS FROM STANDING COMMITTEES
Representative Michael Smith, Chairperson, from the Committee on
Agriculture & Conservation to which the following were referred, action
taken on February 22, 2000, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 2992.
The committee roll call vote on Amendment 1 to HOUSE BILL 2992 is
as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Smith, Michael, Chair Y Lawfer
Y Bost Y Mitchell, Bill
A Fowler A Myers, Richard
Y Franks A O'Brien
A Hannig Y Poe
Y Hartke Y Reitz, V-Chair
Y Johnson, Tim A Slone
A Jones, John A Turner, John
15 [February 23, 2000]
A Woolard, Spkpn
Representative Schoenberg, Chairperson, from the Committee on
Appropriations - General Services & Government Oversight to which the
following were referred, action taken earlier today, and reported the
same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 4436.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Standard Debate: HOUSE BILLS 4163, 4504,
4507 and 4509.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILL 4114 and 4500.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3250, 3251, 3902, 4345,
4357, 4362, 4364, 4365, 4366, 4368, 4376, 4378, 4386, 4393, 4394, 4398,
4401, 4432, 4435, 4436, 54437, 4438, 4439, 4440, 4441, 4442, 4443,
4444, 4445, 4446, 4491, 4492, 4493, 4494, 4495, 4496, 4497, 4498,
4499, 4501, 4502, 4503, 4505, 4506, 4508, 4510, 4511, 4512, 4513, 4514,
4516, 4517, 4518, 4519, 4520, 4522, 4523, 4527, 4528, 4529, 4572, 4573
and 4576.
The committee roll call vote on HOUSE BILLS 4114, 4163, 4500, 4504,
4507 and 4509 is as follows:
7, Yeas; 0, Nays; 6, Answering Present.
Y Schoenberg, Chair Y Kenner
P Biggins, Spkpn P Lindner
Y Fritchey (Joseph Lyons) P Mathias
Y Garrett Y Silva
Y Gash (Giglio) Y Slone, V-Chair
P Jones, John P Sommer
P Winters
The committee roll call vote on HOUSE BILL 3250, 3251, 3902, 4345,
4357, 4362, 4364, 4365, 4366, 4368, 4376, 4378, 4386, 4393, 4394, 4398,
4401, 4432, 4435, 4436, 4437, 4438, 4439, 4440, 4441, 4442, 4443, 4444,
4445, 4446, 4491, 4492, 4493, 4494, 4495, 4496, 4497, 4498, 4499, 4501,
4502, 4503, 4505, 4506, 4508, 4510, 4511, 4512, 4513, 4514, 4516, 4517,
4518, 4519, 4520, 4522, 4523, 4527, 4528, 4529, 4572, 4573 and 4576 is
as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Schoenberg, Chair Y Kenner
Y Biggins, Spkpn Y Lindner
Y Fritchey (Joseph Lyons) Y Mathias
Y Garrett Y Silva
Y Gash (Giglio) Y Slone, V-Chair
Y Jones, John Y Sommer
Y Winters
Representative Morrow, Chairperson, from the Committee on
Appropriations - Public Safety to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3550, 4373, 4379, 4381,
4382, 4385, 4387, 4388, 4399, 4400, 4402, 4545, 4546, 4547, 4549, 4550,
4554, 4555 and 4556.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILL 4634.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 4538 and 4568.
The committee roll call vote on HOUSE BILLS 3550, 4373, 4379, 4381,
4382, 4385, 4387, 4388, 4399, 4400 and 4402 is as follows:
[February 23, 2000] 16
13, Yeas; 0, Nays; 0, Answering Present.
Y Morrow, Chair Y McGuire
A Bassi Y Mitchell, Bill
Y Delgado Y Osmond
Y Fowler Y Pankau
Y Franks Y Pugh
Y Hoffman Y Sharp
A Jones, Lou Y Skinner, Spkpn
Y Mautino, V-Chair A Stephens
A McAuliffe A Wait
A Zickus
The committee roll call vote on HOUSE BILL 4634 is as follows:
10, Yeas; 6, Nays; 1, Answering Present.
Y Morrow, Chair Y McGuire
P Bassi N Mitchell, Bill
Y Delgado N Osmond
Y Fowler N Pankau
Y Franks Y Pugh
Y Hoffman Y Sharp
Y Jones, Lou (Kenner) N Skinner, Spkpn
Y Mautino, V-Chair A Stephens
N McAuliffe A Wait
N Zickus
The committee roll call vote on HOUSE BILLS 4545, 4546, 4547, 4549,
4550, 4554, 4555 and 4556 is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Morrow, Chair Y McGuire
Y Bassi Y Mitchell, Bill
Y Delgado Y Osmond
Y Fowler Y Pankau
Y Franks Y Pugh
Y Hoffman Y Sharp
Y Jones, Lou (Kenner) Y Skinner, Spkpn
Y Mautino, V-Chair A Stephens
Y McAuliffe A Wait
Y Zickus
The committee roll call vote on HOUSE BILLS 4538 and 4568 is as
follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Morrow, Chair Y McGuire
Y Bassi Y Mitchell, Bill
Y Delgado Y Osmond
Y Fowler Y Pankau
Y Franks Y Pugh
Y Hoffman Y Sharp
Y Jones, Lou Y Skinner, Spkpn
Y Mautino, V-Chair A Stephens
Y McAuliffe A Wait
Y Zickus
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the resolution be reported "be adopted" and be placed on the
House Calendar: HOUSE RESOLUTION 561.
The committee roll call vote on HOUSE RESOLUTION 561 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
17 [February 23, 2000]
Y Davis, Steve, Chair A Kosel
Y Beaubien, Spkpn Y Lyons, Eileen
Y Crotty, V-Chair A McGuire
Y Curry, Julie A Osmond
Y Holbrook A Rutherford
Y Scott
Representative Boland, Chairperson, from the Committee on Elections
& Campaign Reform to which the following were referred, action taken on
February 22, 2000, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 3404.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 3404
is as follows:
7, Yeas; 4, Nays; 0, Answering Present.
N Boland, Chair Y McCarthy
N Gash, V-Chair Y Osterman
N Giglio Y Schmitz
N Hamos Y Wait
Y Hoeft Y Winkel
Y Winters, Spkpn
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were referred,
action taken on February 22, 2000, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 3402.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 3840.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 3402
is as follows:
16, Yeas; 2, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
N Davis, Monique, V-Chair Y Mulligan
Y Delgado N Murphy
Y Fowler Y O'Brien
Y Garrett Y Persico
A Giles A Scully
A Hoeft A Smith, Michael
A Winkel
The committee roll call vote on Amendment No. 1 to HOUSE BILL 3840
is as follows:
19, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair A Mulligan
Y Delgado A Murphy
Y Fowler Y O'Brien
Y Garrett Y Persico
A Giles A Scully
Y Hoeft Y Smith, Michael
[February 23, 2000] 18
Y Winkel (Schmitz)
Representative Feigenholtz, Chairperson, from the Committee on
Human Services to which the following were referred, action taken on
February 22, 2000, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 2962.
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 1 and 2 to HOUSE BILL 4021.
The committee roll call vote on Amendment No. 2 to HOUSE BILL 2962
and Amendments numbered 1 and 2 to HOUSE BILL 4021 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
Y Kenner Y Winters
A Wirsing
Representative Gash, Chairperson, from the Committee on Judiciary
II - Criminal Law to which the following were referred, action taken on
February 22, 2000, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 4231.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 4231
is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
Y Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom Y Smith, Michael, V-Chair
Y Jones, Lou Y Turner, John
A Winkel, Spkpn
Representative Giles, Chairperson, from the Committee on Local
Government to which the following were referred, action taken on
February 22, 2000, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 3132.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 3132
is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair Y Mathias
A Acevedo A Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
Y Skinner
Representative Saviano, Chairperson, from the Committee on
Registration & Regulation to which the following were referred, action
taken on February 22, 2000, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendments numbered 6, 7 and 8 to SENATE BILL 452.
19 [February 23, 2000]
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 4284.
The committee roll call vote on Amendments numbered 6, 7 and 8 to
SENATE BILL 452 is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Saviano, Chair Y Klingler
Y Boland Y Kosel
Y Bradley A Lyons, Eileen
Y Bugielski, V-Chair Y Meyer
A Burke Y Mulligan
Y Coulson Y Novak
Y Crotty Y Reitz
Y Davis, Steve A Stephens
Y Zickus, Spkpn
The committee roll call vote on Amendment No. 4 to HOUSE BILL 4284
is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Saviano, Chair Y Klingler
Y Boland Y Kosel
Y Bradley A Lyons, Eileen
Y Bugielski, V-Chair Y Meyer
A Burke Y Mulligan
Y Coulson Y Novak
Y Crotty Y Reitz
Y Davis, Steve A Stephens
Y Zickus, Spkpn
Representative Pugh, Chairperson, from the Committee on Revenue to
which the following were referred, action taken on February 22, 2000,
and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 4409.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 4409
is as follows:
5, Yeas; 3, Nays; 1, Answering Present.
P Pugh, Chair Y Currie
Y Beaubien (Rutherford) Y Granberg
N Biggins Y Mautino, V-Chair
N Cross N Moore, Andrea, Spkpn
Y Turner, Art
CHANGE OF SPONSORSHIP
Representative Daniels asked and obtained unanimous consent to be
removed as chief sponsor and Representative Wirsing asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 2992.
Representative Daniels asked and obtained unanimous consent to be
removed as chief sponsor and Representative John Turner asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
3404.
Representative Daniels asked and obtained unanimous consent to be
removed as chief sponsor and Representative Pankau asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4284.
Representative Daniels asked and obtained unanimous consent to be
removed as chief sponsor and Representative Jerry Mitchell asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
3402.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
[February 23, 2000] 20
unanimous consent to be shown as chief sponsor of HOUSE BILL 4538.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4539.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4540.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4541.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4542.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4543.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4544.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4545.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4546.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4547.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4548.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4549.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4550.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4551.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4552.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4553.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4554.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4556.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4557.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4558.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4559.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 4560.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Morrow asked and obtained
21 [February 23, 2000]
unanimous consent to be shown as chief sponsor of HOUSE BILL 4561.
Representative Daniels asked and obtained unanimous consent to be
removed as chief sponsor and Representative Poe asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 3132.
AGREED RESOLUTIONS
The following resolutions were offered and placed on the order of
Agreed Resolutions.
HOUSE RESOLUTION 600
Offered by Representative Giglio:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones in the lives of citizens of the State of
Illinois; and
WHEREAS, Dr. Robert Schneider will retire as Hoover-Schrum School
District 157 Superintendent on June 30, 2000; District 157 is located
in Calumet City, Illinois; and
WHEREAS, Before serving the last 14 years as Superintendent, Dr.
Robert Schneider served 18 years as a business teacher, coach, and in
various administrative positions with Thornton-Fractional High School
District 215; his last position with the school was as District
Business Manager; and
WHEREAS, Dr. Robert Schneider is a lifelong resident of Calumet
City; he is a member of St. Victor's Parish, the Calumet City Lions
Club, and St. Margaret Hospital Citizens Board; and
WHEREAS, In addition to himself, there are other members of Dr.
Robert Schneider's family involved in education: his wife, Kathy, is a
teacher at District 215, and will join her husband in retirement; his
son, Tom, is a principal in Glenwood, Illinois; his daughter, Sue
Bailey, is a 4th grade teacher in Lansing, Illinois; and his youngest
daughter, Mary, is an education major at Eastern Illinois University;
he also is the proud father of Peggy Szurnski, a Human Resource
Representative; Dr. Schneider's father and brother also served as
school board members in the community; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr.
Robert Schneider on his upcoming retirement as Superintendent of
Hoover-Schrum School District 157; we wish him and his wife, Kathy,
continued success in their future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Dr. Robert Schneider.
HOUSE RESOLUTION 601
Offered by Representative Fritchey:
WHEREAS, The members of the House are happy to recognize the
excellence of young athletes and wish to congratulate the DePaul Girls
Softball Team on an outstanding season during 1999, winning the NCAA
Regional Title for the first time in the history of the program and
advancing to the College World Series; and
WHEREAS, Led by Head Coach Eugene Lenti and Assistant Coaches Sara
Hayes and Leigh Podlesny, the team ended the season with a record of
54-14, the most wins in school history; and
WHEREAS, The members of the Blue Demons are: Tatum Allen, Tami
Bouck, Liza Brown, Toni Campbell, Katy Carter, Jenny Davis, Shavaughne
Desecki, Jen Heath, Yvette Healy, Alyssa Hyem, Dana Jakusz, Julie Luna,
Molly Petullo, Kristie Prine, Nicole Terpstra, Kate Otto, Vanessa
Saavedra, Molly Sircher, Amy Starr, and Karen Stewart; and
WHEREAS, They ranked third in the final USA Today/NFCA Top 25 poll
and became the third team in DePaul history to reach the Final Four of
an NCAA Championship; and
WHEREAS, Earning the school's fifth NCAA Tournament berth in the
past six years, the Blue Demons won the Mid-continent Conference
[February 23, 2000] 22
Regular Season Championship and tournament title without losing a game;
and
WHEREAS, Liza Brown was the program's second first team
All-American while Nicole Terpstra and Shavaughne Desecki were second
team selections; and
WHEREAS, Yvette Healy and Karen Stewart were second team
GTE/Academic All-American selections and Liza Brown, Nicole Terpstra,
and Shavaughne Desecki were first team All-Midwest Region while Karen
Stewart was on the second team; and
WHEREAS, Nicole Terpstra, Liza Brown, Yvette Healy, Karen Stewart,
and Dana Jakusz were on the NCAA Tournament All-Regional team and Katy
Carter and Julie Luna were on the College World Series All-Tournament
team; and
WHEREAS, Katy Carter made the CNN "Play of the Day" for a catch and
throw she made against UCLA on May 27; and
WHEREAS, Named as the Mid-Continent Conference Player of the Year
was Liza Brown, Pitcher of the Year was Nicole Terpstra, and Coach of
the Year was Eugene Lenti; and
WHEREAS, Liza Brown, Nicole Terpstra, Shavaughne Desecki, Yvette
Healy, Karen Stewart, Julie Luna, and Toni Campbell were named first
team All-Mid-Continent Conference while Dana Jakusz was on the second
team; Nicole Terpstra was the MVP of the Mid-Continent Conference
Tournament and was joined on the All-Tournament team by Liza Brown,
Yvette Healy, Katy Carter and Karen Stewart; and
WHEREAS, Yvette Healy, Dana Jakusz, Karen Stewart, Nicole Terpstra,
Jean Heath, Alyssa Hyem, Kate Otto, Vanessa Saavedra, and Molly Sircher
were all named to the Mid-Continent Conference Academic Honor Roll; and
WHEREAS, Nicole Terpstra finished her four years with every career
pitching record in DePaul history and set single season school records
for wins and strikeouts; and
WHEREAS, Karen Stewart, who started every game of her four-year
career, finished as the school's all-time leader in home runs, RBIs,
and doubles; and
WHEREAS, Yvette Healy was first in career singles and career stolen
bases, being the only player in DePaul history to steal over 100 bases;
and
WHEREAS, The team was assisted by Managers Kristi Sebestyen, Jim
Hosty, and Dan Cruz, Trainer Joe Kanupke, Athletic Director Bill
Bradshaw, and Sr. Associate Athletic Director Jean Lenti Ponsetto; and
WHEREAS, All supporters of the DePaul Blue Demons should be proud
of the poise, dedication, and athletic ability of the young women who
were members of this team; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
coaches and team of the DePaul Blue Demons on a terrific season and
that we commend the players and their coaches on good sportsmanship,
dedication, and hard work; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Coach Eugene Lenti, Athletic Director Bill Bradshaw, and Father Jack
Minogue, C.M., President of DePaul University.
HOUSE RESOLUTION 602
Offered by Representative Wirsing:
WHEREAS, Brianne Willrett, an esteemed resident of Shabbona,
Illinois, and a student at Indian Creek High School, has achieved
national recognition for exemplary volunteer service by receiving a
2000 Prudential Spirit of Community Award; and
WHEREAS, This prestigious award, presented by the Prudential
Insurance Company of America in partnership with the National
Association of Secondary School Principals, honors young volunteers
across America who have demonstrated an extraordinary commitment to
serving their communities; and
WHEREAS, Brianne Willrett earned this award by giving generously of
her time and energy to developing a mentoring program to help junior
high school graduates feel safe and secure when they enter high school;
23 [February 23, 2000]
and
WHEREAS, The success of the State of Illinois, the strength of our
communities, and the overall vitality of American society depend, in
great measure, upon the dedication of young people like Brianne
Willrett, who use their considerable talents and resources to serve
other; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we hereby congratulate
and honor Brianne Willrett as a recipient of a Prudential Spirit of
Community Award; we recognize her outstanding record of volunteer
service, peer leadership, and community spirit, and extend best wishes
for her continued success and happiness; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Brianne Willrett.
HOUSE RESOLUTION 603
Offered by Representative Dart:
WHEREAS, The International Brotherhood of Electrical Workers Local
134 was founded on June 20, 1900, and it will celebrate its centennial
anniversary this year; and
WHEREAS, 186 members were invited to be the original charter
members of I.B.E.W. Local 134, including C. Roof, H. Mackenzie, O.
George, F. Whemple, H. Hortsman, O. Jennison, W. Hennessy, J.
Steindorf, F. Standt, R. Maxwell, R. Gibbs, R. Lanagen, W. Fitzgerald,
J. Cronk, and Fr. Brennan; and
WHEREAS, The first Apprenticeship Program of Local 134 was operated
from 1904 to 1923 as a night school and in 1923 it became a day school
operating one full day every two weeks; and
WHEREAS, The Apprenticeship Program of Local 134 was recognized by
the State of Illinois as an approved apprenticeship program in 1945;
and
WHEREAS, Since Charlie Gall directed the first apprenticeship
program, approximately 10,000 electricians have been trained to be the
most competent and the most proficient in their trade; and
WHEREAS, Today, I.B.E.W. Local 134 is led by the extraordinary
leadership of its Business Manager, J. Michael Fitzgerald; and
WHEREAS, For 100 years, the skilled electricians of the I.B.E.W.
Local 134 have helped to build Chicago and Cook County; and
WHEREAS, Besides building the magnificent landmarks of Chicago,
I.B.E.W. Local 134 has also worked to build Chicago and Cook County's
future through its nationally renowned electrical apprenticeship
program; and
WHEREAS, Because of their high level of skill, the electricians of
I.B.E.W. Local 134 have and will continue to build the safest homes and
businesses in our country; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
International Brotherhood of Electrical Workers Local 134 on its
centennial anniversary; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Business Manager J. Michael Fitzgerald.
HOUSE RESOLUTION 604
Offered by Representative Hoffman:
WHEREAS, Shawn Presser and his father Lee Presser, residents of
Glen Carbon, were involved in an unfortunate climbing accident while
traveling to California on December 29, 1999, falling 30 to 50 feet
down Saxon Mountain in Clear Creek County, Colorado; and
WHEREAS, Shawn, age 11, fractured his leg and wrist during the fall
and Lee Presser suffered a serious head injury; and
WHEREAS, Despite his injuries, Shawn Presser was able to call 911
from a cell phone to summon help from the Clear Creek County Sheriff's
Department and direct the rescuers to their location; and
WHEREAS, Shawn Presser's quick action resulted in Shawn and his
[February 23, 2000] 24
father being rescued from spending the night in an area that could have
claimed their lives; and
WHEREAS, Shawn Presser reacted in a mature, responsible manner,
proving he could be a hero despite his young age; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Shawn
Presser for his quick reaction in a life threatening situation and that
we extend to him our best wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Shawn Presser.
HOUSE RESOLUTION 605
Offered by Representative John Jones:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones in the lives of citizens of the State of
Illinois; and
WHEREAS, Admiral Archie Clemins recently retired from the United
States Navy; he became the 28th Commander in Chief of the United States
Pacific Fleet on November 7, 1996; Admiral Clemins was responsible for
102 million square miles, more than 190 ships and submarines, 1,500
aircraft, and 193,500 sailors and marines; and
WHEREAS, Admiral Clemins was born in Mt.Vernon, Illinois; he was
commissioned at the Naval Reserve Officer's Training Unit at the
University of Illinois; he received a Bachelor's degree in Electrical
Engineering in February of 1966 and a Master's degree in 1972, both
from the University of Illinois; and
WHEREAS, Upon completion of the Naval Nuclear Power program,
Admiral Clemins served tours on both ballistic missile and attack
submarines; he served as Executive Officer of the USS PARCHE (SSN 683)
and Commanding Officer of the USS POGY (SSN 647); he also commanded
Submarine Group SEVEN and was the Chief of Staff to Commander, SEVENTH
fleet; and
WHEREAS, Admiral Clemins was promoted to Rear Admiral in 1991; his
flag assignments included Commander, Training Command, U.S. Pacific
Fleet; the first head of the Navy's Commander in Chief (CINC) Liaison
Division (CNO N83); Deputy and Chief of Staff to Commander in Chief,
U.S. Atlantic Fleet; and Commander, SEVENTH Fleet; and
WHEREAS, Admiral Clemins is an advocate for the accelerated use of
information technology in the military for tactical and non-tactical
support missions; and
WHEREAS, Upon Admiral Clemins retirement from the United States
Navy in 1999 he began traveling around Southern Illinois, visiting
schools and providing motivational talks to young students; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Admiral
Archie Clemins on his retirement from the United States Navy and we
thank him for his continued work as a motivational speaker to the young
people of Southern Illinois; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Admiral Archie Clemins.
HOUSE RESOLUTION 606
Offered by Representative Black:
WHEREAS, The institution of marriage is one of the cornerstones
upon which our society is built, and a marriage that has achieved a
notable longevity is truly a model for the people of the State of
Illinois; and
WHEREAS, It has come to our attention that Mr. and Mrs. George
Winger, who reside on Kellart Lake north of Cissna Park, celebrated the
seventy-fifth anniversary of their marriage; and
WHEREAS, George and Gladys Winger were united in holy matrimony on
January 10, 1925 in Kankakee, Illinois; and
WHEREAS, They are the loving parents of Jean, Lila, Marilyn, and
25 [February 23, 2000]
Gordon, and the grandparents of five grandchildren, eight
great-grandchildren, and one great-great-grandchild; and
WHEREAS, The respect for marriage reaches one of its highest
plateaus when a couple such as George and Gladys celebrate their
seventy-fifth wedding anniversary; and
WHEREAS, George and Gladys stand as examples of the best of our
society, and their love and devotion to each other and to their family
and friends serve as a reminder to all that hard work, dedication, and
love can make a difference in today's world; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mr. and
Mrs. George Winger on the occasion of their seventy-fifth wedding
anniversary; that we commend them for achieving a long and happy
marriage, blessed with children and grandchildren and rich in
friendships; and that we wish them happiness and good health in the
future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
them as an expression of our respect and esteem.
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 3239, 3262, 3535, 3903, 4045 and 4181.
HOUSE BILL 2992. Having been printed, was taken up and read by
title a second time.
Representative Wirsing offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2992
AMENDMENT NO. 1. Amend House Bill 2992 by replacing the title with
the following:
"AN ACT creating a Food Animal Institute."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Food Animal
Institute Act.
Section 5. Definitions. As used in this Act:
"Board" means the governing board of the Food Animal Institute.
"Institute" means the Food Animal Institute.
"Food animal" includes, but is not limited to, beef cattle, swine,
sheep, dairy cattle, turkeys, chickens, and aquaculture products.
"Allied agribusiness" means any related agribusiness, such as the
feed industry, financial institutions, the food animal or food animal
processing industry, farm equipment or implement dealers or
manufacturers, crop production, pharmaceuticals, or nutraceuticals.
"Non-agribusiness" means conservation groups, dieticians, food
processors, consumers, and animal health and well-being groups.
Section 10. Institute established; purpose. The Food Animal
Institute is established to review and encourage research through peer
review, to publish and disseminate unbiased information about all
aspects of the food animal industry, anticipating issues with a vision
for the future of Illinois agriculture, and to maintain comprehensive
information systems for the improvement and enhancement of all aspects
of the food animal industry, all for the benefit of the public, the
General Assembly, the Governor's Office, and other State and local
government agencies. The Institute must fulfill its purposes with
unbiased integrity.
Section 15. Governing board. The Institute is governed by a board
of 15 voting members appointed by the Governor who will ensure unbiased
information. Five of the Governor's appointees must represent food
animal production. Five of the Governor's appointees must represent
allied agribusiness aspects of the food animal industry. Five of the
[February 23, 2000] 26
Governor's appointees must represent other, non-agribusiness aspects of
the food animal industry.
The board must also include, as non-voting members, the dean or
department chairperson or his or her designated representative of the
following institutions: the University of Illinois College of ACES,
the University of Illinois College of Veterinary Medicine, Southern
Illinois University College of Agriculture, Western Illinois University
Agriculture Department, and Illinois State University Agriculture
Department.
Section 20. Appointment; terms. Initial appointees to the board
serve the following terms as designated by the Governor: 5 for a term
of one year; 5 for a term of 2 years; and 5 for a term of 3 years.
Subsequent appointees serve terms of 3 years. A vacancy is filled by
appointment for the remainder of the unexpired term. Members may be
reappointed to the board. If the Governor fails to appoint a member or
to fill a vacancy within 90 days after a member's term expires or a
vacancy occurs, the remaining board members must make the appointment
by majority vote. A member appointed to fill a vacancy shall serve for
the remainder of the unexpired term or until their successor is
qualified.
Section 25. Operation of the board.
(a) Upon appointment of the board's initial members, the Director
of Agriculture shall convene the first meeting of the board for the
purpose of selecting a chairperson and considering other matters of
business of the Institute. The board annually thereafter, in January or
the first meeting of each year, must select a chairperson from among
its number. Chairpersons may be re-elected but shall not serve more
than 3 consecutive years. The board meets at the call of the chair. A
quorum is necessary for action by the board; 8 voting members of the
board constitute a quorum, unless a vacancy exists among the board's
voting members. If a vacancy exists, then a quorum of the board shall
consist of a simple majority of the voting members. Members of the
board may receive no compensation but must be reimbursed for expenses
incurred in the actual performance of their duties.
(b) The board:
(1) may have and use a common seal and alter the seal at its
discretion;
(2) may adopt all necessary resolutions, protocols, and
by-laws;
(3) may enter into agreements with and accept funds from
State or federal agencies, trade associations, industry
organizations, universities and their sub-units, foundations, and
other not-for-profit and private industries to carry out the
purposes of the Institute;
(4) may establish reserve funds and accounts that may be
necessary or desirable to accomplish the purposes of the Institute;
and
(5) shall have and exercise all powers and be subject to all
duties commonly incident to boards of directors.
Section 30. Institute expenses. Operating staff and expenses of
the Institute shall be provided from appropriations made by the General
Assembly for those purposes. The board shall have the authority to pay
administrative expenses including salary, wages, and fringe benefits;
operation and maintenance expenses, travel, supply, and printing
expenses, rental and rental related expenses, and costs of capital
purchases and improvements; contract and contractual expenses; and
other expenses deemed appropriate by the board. The board is authorized
to establish a fee structure and charge fees for publications and
duplicating expenses. Revenue from those fees shall be deposited into
the Food Animal Institute Fund. No charges or fees may be authorized or
charged to members of the General Assembly or the Governor's Office.
Section 35. Report. The Institute must report annually on January
1 to the Governor, the Clerk of the House of Representatives, and the
Secretary of the Senate upon the Institute's activities in the
preceding 12 months. The report shall be a public record open for
inspection at the office of the Institute and, among other matters,
27 [February 23, 2000]
shall include an assessment of the current state of the food animal
industry in Illinois and recommendations for new initiatives and
efforts to further enhance and best position the food animal industry
in Illinois.
Section 40. Food Animal Institute Fund. The Food Animal Institute
Fund is created as a special fund in the State treasury. Grants, State
appropriations, fees, and other moneys obtained by the Food Animal
Institute from governmental entities, private sources, foundations,
trade associations, industry organizations, and not-for-profit
organizations for use in furthering the purposes of the Institute may
be deposited into the Fund. Moneys in the Fund may be used by the
Institute, subject to appropriation, for undertaking projects,
programs, and other activities and for the operating and other expenses
of the Institute as it fulfills its duties and responsibilities.
Section 45. Use of funds. The Institute, from the funds
appropriated to it, shall: (i) collect and disseminate research data,
results, or conclusions and disseminate it to the public, the General
Assembly, State agencies, and others who request it; (ii) provide
unbiased analysis of research findings, including economic impacts on
the State and the food animal industry; (iii) provide, where needed,
for peer review of research and research proposals for scientific
merit, objectives, methods, and procedures; (iv) coordinate its
activities with public research and education programs; and (v)
initiate other activities that are reasonable and necessary to fulfill
the responsibilities of the Institute under this Act.
Section 95. The State Finance Act is amended by adding Section
5.541 as follows:
(30 ILCS 105/5.541 new)
Sec. 5.541. The Food Animal Institute Fund.
Section 99. Effective date. This act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 3402. Having been printed, was taken up and read by
title a second time.
Representative Jerry Mitchell offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3402
AMENDMENT NO. 1. Amend House Bill 3402 by replacing everything
after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
2-3.13a and 10-22.6 as follows:
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
Sec. 2-3.13a. Scholastic records; transferring students. The
State Board of Education shall establish and implement rules requiring
all of the public schools and all private or nonpublic elementary and
secondary schools located in this State, whenever any such school has a
student who is transferring to any other public elementary or secondary
school located in this or in any other state, to forward within 10 days
of notice of the student's transfer an unofficial record of that
student's grades to the school to which such student is transferring.
Each public school at the same time also shall forward to the school to
which the student is transferring the remainder of the student's school
student records as required by the Illinois School Student Records Act.
In addition, if a student is transferring from a public school, whether
located in this or any other state, from which the student has been
suspended or expelled for any reason knowingly possessing in a school
[February 23, 2000] 28
building or on school grounds a weapon as defined in the Gun Free
Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing,
selling, or delivering in a school building or on school grounds a
controlled substance or cannabis, or for battering a staff member of
the school, and if the period of suspension or expulsion has not
expired at the time the student attempts to transfer into another
public school in the same or any other school district: (i) any school
student records required to be transferred shall include the date and
duration of the period of suspension or expulsion; and (ii) with the
exception of transfers into the Department of Corrections school
district, the student shall not be permitted to attend class in the
public school into which he or she is transferring until the student
has served the entire period of the suspension or expulsion imposed by
the school from which the student is transferring, provided that the
school board may approve the placement of the student in an alternative
school program established under Article 13A of this Act. Each public
school and each private or nonpublic elementary or secondary school in
this State shall within 10 days after the student has paid all of his
or her outstanding fines and fees and at its own expense forward an
official transcript of the scholastic records of each student
transferring from that school in strict accordance with the provisions
of this Section and the rules established by the State Board of
Education as herein provided.
The State Board of Education shall develop a one-page standard form
that Illinois school districts are required to provide to any student
who is moving out of the school district and that contains the
information about whether or not the student is "in good standing" and
whether or not his or her medical records are up-to-date and complete.
As used in this Section, "in good standing" means that the student is
not being disciplined by a suspension or expulsion, but is entitled to
attend classes. No school district shall is required to admit a new
student who is transferring from another Illinois school district
unless (i) he or she can produce the standard form from the student's
previous school district enrollment and (ii) this form clearly
indicates that the student is not currently serving a suspension or
expulsion. No school district shall is required to admit a new student
who is transferring from an out-of-state public school, a private or
parochial school regardless of location, or a school located outside of
the United States unless the parent or guardian of the student
certifies in writing (i) whether that the student is or is not
currently serving a suspension or expulsion imposed by the school from
which the student is transferring and (ii) if the student is currently
serving a suspension or expulsion, the date the suspension or expulsion
began and a description of the incident that resulted in the suspension
or expulsion, which description shall be sufficiently specific so as to
enable the school district into which the student is transferring to
determine the length of suspension or expulsion that would have
resulted had the incident occurred at that school district.
Subject to the provisions and limitations under subsection (g) of
Section 10-22.6 of this Code, a school district into which a student is
transferring shall delay the admittance of the student if the student
is currently serving a suspension or expulsion imposed by the school or
school district from which he or she is transferring.
(Source: P.A. 91-365, eff. 7-30-99.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school searches.
(a) To expel pupils guilty of gross disobedience or misconduct,
and no action shall lie against them for such expulsion. Expulsion
shall take place only after the parents have been requested to appear
at a meeting of the board, or with a hearing officer appointed by it,
to discuss their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place and
purpose of the meeting. The board, or a hearing officer appointed by
it, at such meeting shall state the reasons for dismissal and the date
on which the expulsion is to become effective. If a hearing officer is
appointed by the board he shall report to the board a written summary
29 [February 23, 2000]
of the evidence heard at the meeting and the board may take such action
thereon as it finds appropriate.
(b) To suspend or by regulation to authorize the superintendent of
the district or the principal, assistant principal, or dean of students
of any school to suspend pupils guilty of gross disobedience or
misconduct, or to suspend pupils guilty of gross disobedience or
misconduct on the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by regulation
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to suspend
pupils guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct on a
school bus, the board may suspend the pupil in excess of 10 school days
for safety reasons. Any suspension shall be reported immediately to
the parents or guardian of such pupil along with a full statement of
the reasons for such suspension and a notice of their right to a
review, a copy of which shall be given to the school board. Upon
request of the parents or guardian the school board or a hearing
officer appointed by it shall review such action of the superintendent
or principal, assistant principal, or dean of students. At such review
the parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing officer
is appointed by the board he shall report to the board a written
summary of the evidence heard at the meeting. After its hearing or upon
receipt of the written report of its hearing officer, the board may
take such action as it finds appropriate.
(c) The Department of Human Services shall be invited to send a
representative to consult with the board at such meeting whenever there
is evidence that mental illness may be the cause for expulsion or
suspension.
(d) The board may expel a student for a definite period of time
not to exceed 2 calendar years, as determined on a case by case basis.
A student who is determined to have brought a weapon to school, any
school-sponsored activity or event, or any activity or event which
bears a reasonable relationship to school shall be expelled for a
period of not less than one year, except that the expulsion period may
be modified by the superintendent, and the superintendent's
determination may be modified by the board on a case by case basis. For
the purpose of this Section, the term "weapon" means (1) possession,
use, control, or transfer of any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18, United States Code, firearm as defined in
Section 1.1 of the Firearm Owners Identification Act, or use of a
weapon as defined in Section 24-1 of the Criminal Code, (2) any other
object if used or attempted to be used to cause bodily harm, including
but not limited to, knives, brass knuckles, or billy clubs, or (3)
"look alikes" of any weapon as defined in this Section. Expulsion or
suspension shall be construed in a manner consistent with the Federal
Individuals with Disabilities Education Act. A student who is subject
to suspension or expulsion as provided in this Section may be eligible
for a transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this subsection (d)
apply in all school districts, including special charter districts and
districts organized under Article 34.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as lockers,
desks, parking lots, and other school property and equipment owned or
controlled by the school, as well as personal effects left in those
places and areas by students, without notice to or the consent of the
student, and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable expectation
of privacy in these places and areas or in their personal effects left
in these places and areas. School authorities may request the
assistance of law enforcement officials for the purpose of conducting
inspections and searches of lockers, desks, parking lots, and other
school property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous substances or
[February 23, 2000] 30
materials, including searches conducted through the use of specially
trained dogs. If a search conducted in accordance with this Section
produces evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules, such
evidence may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such evidence to
law enforcement authorities. The provisions of this subsection (e)
apply in all school districts, including special charter districts and
districts organized under Article 34.
(f) Suspension or expulsion may include suspension or expulsion
from school and all school activities and a prohibition from being
present on school grounds.
(g) Subject to Section 2-3.13a of this Code, a student who is
transferring into a school district and who is currently serving a
suspension or expulsion imposed by another Illinois school district
shall, by being denied admission to the school district into which he
or she is transferring, effectively serve the balance of his or her
suspension or expulsion in the school district into which he or she is
transferring, provided that the total period of the suspension or
expulsion, by combining the amount of time served in the school
district from which the student is transferring with the amount of time
by which the student is delayed admittance to the school district into
which he or she is transferring, shall not exceed 2 years.
Subject to Section 2-3.13a of this Code, a student who is
transferring into a school district and who is currently serving a
suspension or expulsion imposed by an out-of-state public school, a
private or parochial school regardless of location, or a school located
outside of the United States shall, by being denied admission to the
school district into which he or she is transferring, effectively serve
the balance of his or her suspension or expulsion in the school
district into which he or she is transferring, provided that the total
period of the suspension or expulsion, by combining the amount of time
served at the school from which the student is transferring with the
amount of time by which the student is delayed admittance to the school
district into which he or she is transferring, shall not exceed the
lesser of (i) the amount of time in which the school district into
which the student is transferring would normally suspend or expel a
student for the same incident that prompted suspension or expulsion at
the school from which the student is transferring, (ii) the length of
the suspension or expulsion imposed by the school from which the
student is transferring, or (iii) 2 years.
The provisions of this subsection (g) apply in all school
districts, including special charter districts and districts organized
under Article 34 of this Code.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 89-610, eff.
8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 1-1-98; 90-757, eff.
8-14-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
And on that motion, a vote was taken resulting as follows:
87, Yeas; 21, Nays; 4, Answering Present.
(ROLL CALL 2)
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 4021. Having been printed, was taken up and read by
title a second time.
Representative Coulson offered and withdrew Amendment No. 1.
31 [February 23, 2000]
Representative Coulson offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 4021
AMENDMENT NO. 2. Amend House Bill 4021 by replacing everything
after the enacting clause with the following:
"Section 5. The Department of Human Services Act is amended by
adding Section 10-22 as follows:
(20 ILCS 1305/10-22 new)
Sec. 10-22. Great START program.
(a) Beginning October 1, 2000, the Department of Human Services
shall, subject to a specific appropriation for this purpose, operate a
Great START (Strategy To Attract and Retain Teachers) program. The goal
of the program is to improve children's developmental and educational
outcomes in child care by encouraging increased professional
preparation by staff and staff retention. The Great START program shall
coordinate with the TEACH professional development program.
The program shall provide wage supplements and may include other
incentives to licensed child care center personnel, including early
childhood teachers, school-age workers, early childhood assistants,
school-age assistants, and directors, as such positions are defined by
administrative rule of the Department of Children and Family Services.
The program shall provide wage supplements and may include other
incentives to licensed family day care home personnel and licensed
group day care home personnel, including caregivers and assistants as
such positions are defined by administrative rule of the Department of
Children and Family Services. Individuals will receive supplements
commensurate with their qualifications.
(b) The Department shall convene a working committee of its
standing Child and Development Advisory Council to make recommendations
by October 1, 2000 on the components of the Great START program. The
working committee shall consist of experts from the child care and
early childhood education field. In addition, the working committee
shall include, when necessary, the Secretary of Human Services, the
Director of Children and Family Services, the Director of Commerce and
Community Affairs, the Director of Employment Security, the
Superintendent of the State Board of Education, the Chair of the
Community College Board, and the Chair of the Executive Committee of
the Board of Higher Education, or their designees.
(c) The Department shall, by rule, define the scope and operation
of the program, including a wage supplement scale. The scale shall pay
increasing amounts for higher levels of educational attainment beyond
minimum qualifications and shall recognize longevity of employment.
Subject to the availability of sufficient appropriation, the wage
supplements shall be paid to child care personnel in the form of
bonuses at 6 month intervals. Six months of continuous service with a
single employer is required to be eligible to receive a wage supplement
bonus. Wage supplements shall be paid directly to individual day care
personnel, not to their employers. Eligible individuals must provide
to the Department or its agent all information and documentation,
including but not limited to college transcripts, to demonstrate their
qualifications for a particular wage supplement level.
If appropriations permit, the Department may include one-time
signing bonuses or other incentives to help providers attract staff,
provided that the signing bonuses are less than the supplement staff
would have received if they had remained employed with another day care
center or family day care home.
If appropriations permit, the Department may include one-time
longevity bonuses or other incentives to recognize staff who have
remained with a single employer.
(d) The Department shall evaluate the Great START program, gather
data on turnover rates, educational attainment, and other relevant
issues, and submit a report to the General Assembly on the Great START
program by December 31, 2002.
[February 23, 2000] 32
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 4231. Having been printed, was taken up and read by
title a second time.
Representative Brady offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 4231
AMENDMENT NO. 1. Amend House Bill 4231 by replacing the title with
the following:
"AN ACT in relation to streetgangs."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 36-1 and 37-1 as follows:
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used with the
knowledge and consent of the owner in the commission of, or in the
attempt to commit as defined in Section 8-4 of this Code, an offense
prohibited by (a) Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1,
11-19.2, 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3,
20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a) of
Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 of this
Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of such
cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, vehicle or aircraft contains more than 10 cartons of such
cigarettes; (d) Section 44 of the Environmental Protection Act; (e)
11-204.1 of the Illinois Vehicle Code; or (f) the offenses described in
the following provisions of the Illinois Vehicle Code: Section 11-501
subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may
be seized and delivered forthwith to the sheriff of the county of
seizure.
Within 15 days after such delivery the sheriff shall give notice of
seizure to each person according to the following method: Upon each
such person whose right, title or interest is of record in the office
of the Secretary of State, the Secretary of Transportation, the
Administrator of the Federal Aviation Agency, or any other Department
of this State, or any other state of the United States if such vessel,
vehicle or aircraft is required to be so registered, as the case may
be, by mailing a copy of the notice by certified mail to the address as
given upon the records of the Secretary of State, the Department of
Aeronautics, Department of Public Works and Buildings or any other
Department of this State or the United States if such vessel, vehicle
or aircraft is required to be so registered. Within that 15 day period
the sheriff shall also notify the State's Attorney of the county of
seizure about the seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to seizure
and forfeiture under the same procedures provided in this Article for
the seizure and forfeiture of vessels, vehicles and aircraft, and any
such equipment shall be deemed a vessel, vehicle or aircraft for
purposes of this Article.
When a person discharges a firearm at another individual from a
vehicle with the knowledge and consent of the owner of the vehicle and
with the intent to cause death or great bodily harm to that individual
33 [February 23, 2000]
and as a result causes death or great bodily harm to that individual,
the vehicle shall be subject to seizure and forfeiture under the same
procedures provided in this Article for the seizure and forfeiture of
vehicles used in violations of clauses (a), (b), (c), or (d) of this
Section.
If the spouse of the owner of a vehicle seized for a violation of
subdivision (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of
Section 11-501 of the Illinois Vehicle Code or Section 9-3 of this Code
makes a showing that the seized vehicle is the only source of
transportation and it is determined that the financial hardship to the
family as a result of the seizure outweighs the benefit to the State
from the seizure, the vehicle may be forfeited to the spouse or family
member and the title to the vehicle shall be transferred to the spouse
or family member who is properly licensed and who requires the use of
the vehicle for employment or family transportation purposes. A
written declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the spouse or
family member. The provisions of this paragraph shall apply only to
one forfeiture per vehicle. If the vehicle is the subject of a
subsequent forfeiture proceeding by virtue of a subsequent conviction
of either spouse or the family member, the spouse or family member to
whom the vehicle was forfeited under the first forfeiture proceeding
may not utilize the provisions of this paragraph in another forfeiture
proceeding. If the owner of the vehicle seized owns more than one
vehicle, the procedure set out in this paragraph may be used for only
one vehicle.
Property declared contraband under Section 40 of the Illinois
Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited
under this Article.
(Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 90-655, eff.
7-30-98; 90-738, eff. 1-1-99.)
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
Sec. 37-1. Maintaining Public Nuisance. Any building used in the
commission of offenses prohibited by Sections 9-1, 10-1, 10-2, 11-14,
11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22, 12-5.1, 16-1, 20-2,
23-1, 23-1 (a) (1), 24-1 (a) (7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of
the "Criminal Code of 1961", approved July 28, 1961, as heretofore and
hereafter amended, or prohibited by the "Illinois Controlled Substances
Act", or the "Cannabis Control Act" enacted by the 77th General
Assembly, as heretofore and hereafter amended, or used in the
commission of an inchoate offense relative to any of the aforesaid
principal offenses, or any real property erected, established,
maintained, owned, leased, or used by a streetgang for the purpose of
conducting streetgang related activity as defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act is a public
nuisance.
(b) Sentence. A person convicted of knowingly maintaining such a
public nuisance commits a Class A misdemeanor. Each subsequent offense
under this Section is a Class 4 felony.
(Source: P.A. 85-384.)
Section 10. The Illinois Streetgang Terrorism Omnibus Prevention
Act is amended by adding Sections 40 and 45 as follows:
(740 ILCS 147/40 new)
Sec. 40. Contraband.
(a) The following are declared to be contraband and no person shall
have a property interest in them:
(1) any property that is directly or indirectly used or
intended for use in any manner to facilitate streetgang related
activity; and
(2) any property constituting or derived from gross profits or
other proceeds obtained from streetgang related activity.
(b) Within 60 days of the date of the seizure of contraband under
this Section, the State's Attorney shall initiate forfeiture
proceedings as provided in Article 36 of the Criminal Code of 1961. An
owner or person who has a lien on the property may establish as a
defense to the forfeiture of property that is subject to forfeiture
[February 23, 2000] 34
under this Section that the owner or lienholder had no knowledge that
the property was acquired through a pattern of streetgang related
activity. Property that is forfeited under this Section shall be
disposed of as provided in Article 36 of the Criminal Code of 1961 for
the forfeiture of vehicles, vessels, and aircraft. The proceeds of the
disposition shall be paid to the Gang Violence Victims and Witnesses
Fund to be used to assist in the prosecution of gang crimes.
(740 ILCS 147/45 new)
Sec. 45. Abatement as public nuisance.
(a) Any real property that is erected, established, maintained,
owned, leased, or used by any streetgang for the purpose of conducting
streetgang related activity constitutes a public nuisance and may be
abated as provided in Article 37 of the Criminal Code of 1961 relating
to public nuisances.
(b) An action to abate a nuisance under this Section may be
brought by the State's Attorney of the county where the seizure
occurred.
(c) Any person who is injured by reason of streetgang related
activity shall have a cause of action for 3 times the actual damages
sustained and, if appropriate, punitive damages; however, no cause of
action shall arise under this subsection (c) as a result of an
otherwise legitimate commercial transaction between parties to a
contract or agreement for the sale of lawful goods or property or the
sale of securities regulated by the Illinois Securities Law of 1953 or
by the federal Securities and Exchange Commission. The person shall
also recover reasonable attorney's fees, costs, and expenses.".
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 2962. 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 2962
AMENDMENT NO. 1. Amend House Bill 2962 by replacing the title with
the following:
"AN ACT to amend the Critical Health Problems and Comprehensive
Health Education Act by changing Section 3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Critical Health Problems and Comprehensive Health
Education Act is amended by changing Section 3 as follows:
(105 ILCS 110/3) (from Ch. 122, par. 863)
Sec. 3. Comprehensive Health Education Program. The program
established under this Act shall include, but not be limited to, the
following major educational areas as a basis for curricula in all
elementary and secondary schools in this State: human ecology and
health, human growth and development, the emotional, psychological,
physiological, hygienic and social responsibilities of family life,
including sexual abstinence until marriage, prevention and control of
disease, including instruction in grades 6 through 12 on the
prevention, transmission and spread of AIDS, public and environmental
health, consumer health, safety education and disaster survival, mental
health and illness, including instruction in secondary schools on
clinical depression and suicide prevention, personal health habits,
alcohol, drug use, and abuse including the medical and legal
ramifications of alcohol, drug, and tobacco use, abuse during
pregnancy, sexual abstinence until marriage, tobacco, nutrition, and
dental health. Notwithstanding the above educational areas, the
35 [February 23, 2000]
following areas may also be included as a basis for curricula in all
elementary and secondary schools in this State: basic first aid
(including, but not limited to, cardiopulmonary resuscitation and the
Heimlich maneuver), early prevention and detection of cancer, heart
disease, diabetes, stroke, and the prevention of child abuse, neglect,
and suicide. The school board of each public elementary and secondary
school in the State is encouraged to have in its employ, or on its
volunteer staff, at least one person who is certified, by the American
Red Cross or by another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In addition,
each school board is authorized to allocate appropriate portions of its
institute or inservice days to conduct training programs for teachers
and other school personnel who have expressed an interest in becoming
qualified to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their teachers and
other school personnel who coach school athletic programs and other
extracurricular school activities to acquire, develop, and maintain the
knowledge and skills necessary to properly administer first aid and
cardiopulmonary resuscitation in accordance with standards and
requirements established by the American Red Cross or another qualified
certifying agency. No pupil shall be required to take or participate in
any class or course on AIDS or family life instruction if his parent or
guardian submits written objection thereto, and refusal to take or
participate in the course or program shall not be reason for suspension
or expulsion of the pupil.
Curricula developed under programs established in accordance with
this Act in the major educational area of alcohol and drug use and
abuse shall include classroom instruction in grades 5 through 12. The
instruction, which shall include matters relating to both the physical
and legal effects and ramifications of drug and substance abuse, shall
be integrated into existing curricula; and the State Board of Education
shall develop and make available to all elementary and secondary
schools in this State instructional materials and guidelines which will
assist the schools in incorporating the instruction into their existing
curricula. In addition, school districts may offer, as part of
existing curricula during the school day or as part of an after school
program, support services and instruction for pupils or pupils whose
parent, parents, or guardians are chemically dependent.
(Source: P.A. 90-566, eff. 1-2-98.)".
Floor Amendment No. 2 remained in the Committee on Rules.
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 4284. Having been printed, was taken up and read by
title a second time.
Representative Pankau offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 4284
AMENDMENT NO. 1. Amend House Bill 4284 by replacing the title with
the following:
"AN ACT to amend the Real Estate Appraiser Licensing Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Real Estate Appraiser Licensing Act is amended by
changing Sections 15, 55, 60, 85, 90, and 95 as follows:
(225 ILCS 457/15)
Sec. 15. License requirement; title; exemptions.
(a) No person shall engage in the business of, act in the capacity
of, advertise, or assume to act as a real estate appraiser, develop or
report real estate appraisals, or appraise real estate, in a federally
related transaction, without a license to practice as a real estate
[February 23, 2000] 36
appraiser issued by the Office under this Act. A person who violates
this subsection is guilty of a Class A misdemeanor.
(b) No person, other than a State Certified General Real Estate
Appraiser, State Certified Residential Real Estate Appraiser, or State
Licensed Real Estate Appraiser licensed under this Act whose license is
in good standing, shall assume or use these titles or any other title,
designation, or abbreviation likely to create the impression that the
person is licensed by the State of Illinois as a real estate appraiser.
A person who violates this subsection is guilty of a Class A
misdemeanor.
(Source: P.A. 90-571, eff. 7-1-98.)
(225 ILCS 457/55)
Sec. 55. Examination prerequisites. As a prerequisite to taking the
examination for a rank of appraiser licensure, an applicant shall (i)
present evidence of successful completion of a 4-year course of study
in a high school or secondary school approved by the Illinois State
Board of Education or an equivalent course of study as determined by an
examination conducted by the Illinois State Board of Education which
shall be verified under oath by the applicant and (ii) present
evidence, satisfactory to the Office of Banks and Real Estate, that
the applicant has successfully completed not less than 165 150
classroom hours in the case of an applicant for a State Certified
General Real Estate Appraiser license, 105 90 classroom hours in the
case of an applicant for a State Certified Residential Real Estate
Appraiser license, or 75 60 classroom hours in the case of an applicant
for a State Licensed Real Estate Appraiser license, or that amount
mandated or recommended by the Appraisal Qualifications Board in
accordance with under Title XI of the federal Financial Institutions
Reform, Recovery and Enforcement Act of 1989, whichever is greater, or
their equivalent as provided by rule, of courses in subjects relating
to real estate appraisal. In addition, the applicant shall present
evidence of successful completion of 15 classroom hours relating to
standards of professional practice. The classroom hours required by
this Section shall be obtained from one or more of the following
entities approved by the Office of Banks and Real Estate:
(1) a college or university;
(2) a community college or junior college;
(3) a real estate appraisal or real estate related
organization;
(4) a trade association or organization that consists in
whole or in part of members engaged in real estate appraising; or
(5) any other provider approved by the Office of Banks and
Real Estate.
The Office of Banks and Real Estate shall require by rule
completion of course work in fair housing and fair lending, which shall
be included within the requirements of this Section.
(Source: P.A. 90-571, eff. 7-1-98.)
(225 ILCS 457/60)
Sec. 60. Experience requirement.
(a) A license as a State Certified General Real Estate Appraiser
or State Certified Residential Real Estate Appraiser shall not be
issued to a person who does not possess 2 years of experience, or that
amount mandated under Title XI of the federal Financial Institutions
Reform, Recovery and Enforcement Act of 1989, whichever is greater, or
their equivalent as provided by rule of the Office of Banks and Real
Estate. For the purposes of this Section, one year of experience means
1,000 hours of experience.
Approved experience shall include fee appraisal, staff appraisal,
mass appraisal in accordance with the USPAP, ad valorem tax appraisal,
mass ad valorem tax appraisal in accordance with the USPAP, review
appraisal in accordance with the USPAP, highest and best use analysis,
feasibility analysis or study in accordance with the USPAP, real estate
sales and brokerage, real estate consulting in accordance with the
USPAP, real property management, and other related experience approved
by the Office of Banks and Real Estate and in accordance with the
USPAP. Nevertheless, the amount of credit granted for this experience
37 [February 23, 2000]
shall be equivalent to the amount of credit that may be granted for the
experience under Title XI of the federal Financial Institutions Reform,
Recovery and Enforcement Act of 1989.
An applicant for a license shall provide to the Office of Banks and
Real Estate on forms prescribed by rule of the Office a summary of the
level and type of experience for which the applicant is claiming
credit. To obtain experience credit for the preparation of a written
appraisal report, the applicant shall provide in the experience summary
the date of appraisal, the type of property, the approximate size of
the property (including land and improvements), and the general
location of the property. Nothing in this Section shall require, as a
condition of obtaining experience credit, that a real estate appraiser
disclose the identity of the client for whom the appraisal was
performed. The Office of Banks and Real Estate may require that an
applicant provide samples of the applicant's work for which experience
is claimed.
Of the total experience requirement, at least 50% must be earned in
one or more of the following areas: fee appraisal, staff appraisal, ad
valorem tax appraisal, review appraisal, or real estate consulting.
(b) An applicant who has been engaged in appraising real property
for ad valorem purposes as a local assessment officer, as defined in
Section 1-85 of the Property Tax Code or as a deputy or employee of a
local assessment officer, shall receive experience credit for the
number of hours the applicant was engaged in one or more of the
following duties:
(1) the analysis and establishment of the value of properties
through the cost, income, and market sale appraisal techniques;
(2) model development and calibration in relation to mass ad
valorem tax assessments; and
(3) the review and analysis of appraisals employing cost,
income, and market sale appraisal techniques.
The experience under this subsection (b) shall not be required to
be set forth in the form of the experience summary as provided in
subsection (a) of Section 60. All persons who seek experience credit
under this subsection (b) shall attach his or her own affidavit as a
supporting document to the application form of the Office of Banks and
Real Estate. The applicant's affidavit shall detail the experience for
which credit is being claimed and the length of time the applicant was
engaged in these duties as a local assessment officer, or deputy or
employee of a local assessment officer. The applicant shall attach to
this affidavit an Assessment Experience Certification form executed by
the local assessment officer or his or her designee in the following
form:
"Assessment Experience Certification.
Pursuant to the provisions of subsection (b) of Section 60 of
the Real Estate Appraiser Licensing Act, it is hereby certified
that (Applicant's Name) was engaged in appraising (residential
.....%) (nonresidential....%) real estate for ad valorem tax
purposes as a local assessment officer, or as a deputy or employee
of a local assessment officer, from (date) through (date) and
during this time period was engaged in one or more of the following
duties: (1) the analysis and establishment of the value of
properties through the cost, income, and market sale appraisal
techniques; (2) model development and calibration in relation to
mass ad valorem tax assessments; (3) the review and analysis of
appraisals employing cost, income, and market sale appraisal
techniques, and that the experience is accurately described in the
affidavit to which this Certificate is attached and supported by
assessment records available under Section 14-30 of the Property
Tax Code or the Freedom of Information Act.
By:
_________________________
Local Assessment Officer"
Upon submission of the application, affidavit, and the Assessment
Experience Certification form, the Commissioner shall grant the
experience credit set forth in this subsection. Notwithstanding other
[February 23, 2000] 38
provisions of this Act, the amount of experience credit granted for
appraising real property for ad valorem tax purposes as a local
assessment officer, or deputy or employee of a local assessment
officer, shall be equivalent to the amount of credit that may be
granted for that experience under the provisions of Title XI of the
federal Financial Institutions Reform, Recovery and Enforcement Act of
1989.
(c) An applicant who has been licensed for 5 of the previous 7
years with the Office of Banks and Real Estate as a real estate broker
or real estate salesperson shall receive credit for appraisal
experience equal to 40% of the total experience requirement. This
experience as a real estate broker or real estate salesperson shall not
be required to be set forth in the form required in subsection (a). The
balance of the experience requirement shall be set forth in the form of
the experience summary as provided in subsection (a).
(d) Of the total experience requirement for State Certified
General Real Estate Appraisers, at least 50% must be approved
experience relating to nonresidential real estate.
(e) Of the total experience required for State Certified
Residential Real Estate Appraisers, at least 50% must be approved
experience relating to residential real estate.
(f) Proof of experience shall not be required for licensure as a
State Licensed Real Estate Appraiser. The license of a State Licensed
Real Estate Appraiser shall be an entry level licensing rank, and the
license may be held from the date of issuance for the balance of the
initial license and through 2 renewals and then shall not be renewed;
except that a licensee in this rank on the effective date of this
amendatory Act of the 91st General Assembly may renew the license so
that it is valid until September 30, 2003, but shall not be allowed to
renew the license after that date. who has been licensed for a period
of 2 years shall be renewed only if the licensee meets the following
experience requirements:
(1) Prior to the first renewal after the licensee has been
licensed for 2 years, the licensee possesses at least 500 hours of
experience. A licensee may, at the time of applying for the first
renewal, submit 1,000 hours of experience.
(2) Unless the licensee submitted 1,000 hours of experience
under the provisions of subdivision (1), prior to the second
renewal after the licensee has been licensed for a period of 2
years, the licensee possesses 500 hours experience. The experience
required under this subdivision must be earned after the first
renewal after the licensee has been licensed for a period of 2
years.
All real estate appraisal experience granted shall be in accordance
with this Section.
(g) The Office of Banks and Real Estate may waive the experience
requirement of this Section for good cause. A renewal applicant
seeking renewal of a license without having fully complied with the
experience requirement of subsection (a) shall file with the Office of
Banks and Real Estate a renewal application, the required renewal fee,
an affidavit setting forth the facts concerning the noncompliance, a
request for waiver of the experience requirement on the basis of those
facts, and a waiver processing fee of $25. If the Office of Banks and
Real Estate finds from the affidavit or any other evidence submitted
that good cause has been shown for granting a waiver, the Office of
Banks and Real Estate shall waive enforcement of the experience
requirement for the renewal period for which the applicant has applied.
For purposes of this subsection, "good cause" means an inability of the
applicant to reasonably complete the requisite appraisal experience
because there has been an insufficient amount of appraisal activity in
the geographic area where the applicant practices real estate
appraising. In determining whether good cause exists, the Office of
Banks and Real Estate may consider (i) the amount of appraisal
experience earned by the applicant in proportion to the total appraisal
activity within the geographic area where the applicant practices real
estate appraising and (ii) the reasonableness of the geographic area
39 [February 23, 2000]
the applicant defines as the area where the applicant practices real
estate appraising. "Good cause" shall also include an inability of the
applicant to complete the experience requirement because of extreme
hardship, which includes but is not limited to an incapacitating
illness or full-time service in the armed services in the United States
of America, during a substantial part of the prerenewal period.
(Source: P.A. 90-571, eff. 7-1-98.)
(225 ILCS 457/85)
Sec. 85. Continuing education requirements.
(a) An appraiser licensed as a State Certified General Real Estate
Appraiser or a State Certified Residential Real Estate Appraiser under
this Act As a prerequisite to renewal of an appraiser license, a
renewal applicant shall present evidence satisfactory to the Office of
Banks and Real Estate of having completed not less than 28 20 hours of
continuing education per renewal period or that amount mandated under
Title XI of the Federal Financial Institutions Reform, Recovery and
Enforcement Act of 1989, whichever is greater, or their equivalent as
provided by rule, from courses approved by the Office and presented by
real estate appraisal education providers licensed by the Office.
The Office of Banks and Real Estate may provide by rule for the
temporary waiver of continuing education requirements for good cause.
(b) In lieu of meeting the requirements of subsection (a) of this
Section, an applicant for renewal of a license may satisfy all or part
of the requirements by presenting evidence of participation as an
instructor of pre-licensure or continuing education courses licensed by
the Office and presented by providers licensed by the Office as real
estate appraisal education providers other than as a student, in
educational processes and programs approved pursuant to subsection (a)
that relate to real property appraisal theory, practices, or
techniques, including but not limited to teaching, program development,
and preparation of textbooks, monographs, articles, and other
instructional materials.
(c) The Office of Banks and Real Estate may by rule require
periodic testing of a licensee's understanding of this Act. Continuing
education credit hours may be awarded for successful completion of the
periodic examination.
(d) The Office of Banks and Real Estate shall require by rule the
completion of course work in fair housing and fair lending, which shall
be included within the requirements of this Section.
(Source: P.A. 90-571, eff. 7-1-98.)
(225 ILCS 457/90)
Sec. 90. Grounds for disciplinary action.
(a) Pursuant to the action and report in writing of the Board, the
Office of Banks and Real Estate may suspend, revoke, or refuse to issue
or renew the license of an appraiser or place on probation or reprimand
a licensee, may impose a civil penalty not to exceed $10,000 upon a
licensee, or the holder of a license may be placed on administrative
supervision or otherwise disciplined for any one or combination of the
following reasons:
(1) Procuring or attempting to procure a license by knowingly
making a false statement, submitting false information, refusing to
provide complete information in response to a question in an
application for licensure or through any form of fraud or
misrepresentation.
(2) Failing to meet the minimum qualifications for licensure
as an appraiser established by this Act.
(3) Paying money, other than for the fees provided for by
this Act, or anything of value to a member or employee of the Board
or Office of Banks and Real Estate to procure licensure under this
Act.
(4) A conviction of a crime, including conviction based upon
a plea of guilty or nolo contendere.
(5) An act or omission involving dishonesty, fraud, or
misrepresentation with the intent to substantially benefit the
licensee or another person or with intent to substantially injure
another person.
[February 23, 2000] 40
(6) Violation of a provision or standard for the development
or communication of real estate appraisals as provided in Section
110 of this Act or by rule.
(7) Failure or refusal without good cause to exercise
reasonable diligence in developing and reporting or communicating
an appraisal.
(8) Negligence or incompetence in developing and reporting or
communicating an appraisal.
(9) Willfully disregarding or violating a provision of this
Act or its rules.
(10) Accepting an appraisal assignment for valuation when
the employment itself is contingent upon the appraiser reporting a
predetermined estimate, analysis, or opinion or when the fee to be
paid is contingent upon the opinion, conclusion, or valuation
reached or upon the consequences resulting from the appraisal
assignment.
(11) Developing valuation conclusions based on the race,
color, religion, sex, national origin, ancestry, age, marital
status, familiar status, physical or mental handicap, or
unfavorable military discharge, as defined under the Illinois Human
Rights Act, of the prospective or present owners or occupants of
the area or property under appraisal.
(12) Violation of the confidential nature of government
records to which the licensee gained access through employment or
engagement as an appraiser by a government agency.
(13) Adjudication of liability in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a disciplinary
proceeding based upon a finding of civil liability, the appraiser
shall be afforded an opportunity to present mitigating and
extenuating circumstances, but may not collaterally attack the
civil adjudication.
(14) Adjudication of liability in a civil proceeding for
violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising or
using a trade name or insignia of membership in a real estate
appraisal or real estate related organization of which the licensee
is not a member.
(16) Failure to fully cooperate with an Office investigation
by knowingly making a false statement, submitting false
information, or refusing to provide complete information in
response to a question or other requests by the Office.
(17) Failing to include within the certificate of appraisal
for all written appraisal reports the appraiser's license number,
licensure title (State Licensed Real Estate Appraiser, State
Certified Residential Real Estate Appraiser, or State Certified
General Real Estate Appraiser), and the date of expiration of the
license. All appraisers providing significant contribution to the
development and reporting of an appraisal must be disclosed in the
appraisal report. It is a violation of this Act for an appraiser
to sign a report, transmittal letter, or appraisal certification
knowing that a person providing significant contribution to the
report has not been disclosed in the appraisal report.
(b) Pursuant to the action and report in writing of the Board, the
Office of Banks and Real Estate may suspend, revoke, place on
probation, reprimand, or otherwise discipline the license of an
appraisal education course provider or course license subordinate to
the providership, or may refuse to issue or renew a course license or
provider's license and may also impose a civil penalty not to exceed
$10,000 upon the holder of the course or provider's license for any of
the following acts or omissions:
(1) Procuring or attempting to procure licensure by knowingly
making a false statement, submitting false information, refusing to
provide complete information in response to a question in an
application for licensure or through any form of fraud or
misrepresentation.
(2) Failing to comply with covenants certified to on the
41 [February 23, 2000]
application for licensure as an appraisal education provider,
appraisal education subprovider, prelicensure course, or continuing
education course.
(3) An act or omission involving dishonesty, fraud, or
misrepresentation by the course provider or any employees or
independent contractors of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in accordance
with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for course
approval as a prelicensure curriculum course or a continuing
education course.
(7) Failing to administer a licensed course using the course
materials, syllabus, and examinations submitted as the basis of
licensure.
(8) Failing to provide an appropriate classroom environment
for presentation of courses with consideration for student comfort,
acoustics, lighting, seating, work space, and visual aid material.
(9) Failing to maintain student records in compliance with
rules adopted under this Act.
(10) Failing to provide certificates, transcripts, or other
student records to the Office or student as may be required by
rule.
(11) Failure to fully cooperate with an Office investigation
by knowingly making a false statement, submitting false
information, or refusing to provide complete information in
response to a question or other requests by the Office.
(c) Notwithstanding the provisions of this Act concerning the
conduct of hearings and recommendations for disciplinary actions, a
conference panel of the Board may recommend to the Office of Banks and
Real Estate who shall have the authority to negotiate settlement
agreements with State Licensed Real Estate Appraisers, State Certified
General Real Estate Appraisers, State Certified Residential Real Estate
Appraisers, and appraiser education licensees or applicants, resulting
in disciplinary Consent Orders. Consent Orders may provide for any of
the forms of discipline provided in this Act. Consent Orders shall
provide that they were not entered into as a result of any coercion by
the Office of Banks and Real Estate, the Director of Real Estate
Appraisal Administration, or the Board. A Consent Order shall be filed
with the Commissioner along with the Board's recommendation and
accepted or rejected by the Commissioner in a timely manner.
(d) Notwithstanding the provisions of this Act concerning the
conduct of hearings and recommendations for disciplinary actions, a
conference panel of the Board may recommend to the Office of Banks and
Real Estate who on the Board shall have the authority to negotiate
settlement agreements with State Licensed Real Estate Appraisers, State
Certified General Real Estate Appraisers, State Certified Residential
Real Estate Appraisers, appraiser education licensees or applicants,
resulting in disciplinary Consent to Administrative Supervision Orders.
Consent to Administrative Supervision Orders may be offered with
conditions that may include but shall not be limited to the
respondent's attendance and successful completion of appraisal courses,
payment of part or all of the investigation and prosecution costs
associated with the complaint and replacement of appraiser rank with a
lower rank. Consent to Administrative Supervision Orders shall provide
that they were not entered into as a result of coercion by the Office
of Banks and Real Estate, the Director of Real Estate Appraisal
Administration, or the Board. Consent to Administrative Supervision
Order shall be filed with the Commissioner along with the Board's
recommendation and accepted or rejected by the Commissioner in a timely
manner. A licensee subject to a Consent to Administrative Supervision
Order shall be considered by the Office as an active appraiser in good
standing and the records regarding an investigation and a Consent to
Administrative Supervision Order are confidential and shall not be
released by the Office except as mandated by law. However, the
complainant shall be notified that his or her complaint has been
[February 23, 2000] 42
resolved by administrative supervision of the respondent.
(e) Civil penalties and costs collected under this Section are to
be deposited into the Appraisal Administration Fund.
(f) Civil penalties imposed by the Office of Banks and Real Estate
shall be enforceable in the Circuit Court. The Office may petition the
Court for a judgment to enforce collection of the penalty. Any civil
penalties collected by the Court shall be made payable to the Office of
Banks and Real Estate for deposit into the Appraisal Administration
Fund. In addition to or in lieu of the imposition of a civil penalty,
the Office may report a violation of this Act or the failure or refusal
to comply with an order of the Office to the Attorney General and the
appropriate State's Attorney.
(Source: P.A. 90-571, eff. 7-1-98.)
(225 ILCS 457/95)
Sec. 95. Unlicensed practice; civil penalty.
(a) A person who practices, offers to practice, attempts to
practice, or holds himself or herself out to practice as a State
Licensed Real Estate Appraiser, State Certified Residential Real Estate
Appraiser, or State Certified General Real Estate Appraiser without
being licensed under this Act shall, in addition to any other penalty
provided by law, pay a civil penalty to the Office of Banks and Real
Estate in an amount not to exceed $5,000 for each offense as determined
by the Office of Banks and Real Estate. The civil penalty shall be
assessed by the Office of Banks and Real Estate after a hearing is held
in accordance with the provisions set forth in this Act regarding the
provision of a hearing for the discipline of a licensee.
(b) The Office of Banks and Real Estate has the authority and
power to investigate any and all unlicensed appraiser activity
concerning federally related transactions.
(c) Civil penalties imposed by the Office of Banks and Real Estate
shall be enforceable in the Circuit Court. The Office may shall
petition the Court for a judgment an order to enforce collection of the
penalty and, if the Court finds it has jurisdiction over the person
against whom the penalty was imposed, the Court shall issue the
appropriate order. Any civil penalties collected by the Court shall be
made payable to the Office of Banks and Real Estate for deposit into
the Appraisal Administration Fund forwarded to the State Treasurer. In
addition to or in lieu of the imposition of a civil penalty, the Office
may report a violation of this Act or and the failure or refusal to
comply with an the order of the Office to the Attorney General and the
appropriate State's Attorney.
(Source: P.A. 90-571, eff. 7-1-98.)".
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 4409. Having been printed, was taken up and read by
title a second time.
Representative Mautino offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 4409
AMENDMENT NO. 1. Amend House Bill 4409 by replacing the title with
the following:
"AN ACT to create the Omnibus Charitable Gaming Act."; and
by replacing everything after the enacting clause with the following:
"ARTICLE 1. INTENT
Section 1-1. Short title. This Act may be cited as the Omnibus
Charitable Gaming Act.
Section 1-5. Legislative findings and intent.
43 [February 23, 2000]
(a) The General Assembly finds the following:
(1) Not-for-profit charitable organizations provide important
and necessary services to the people of the State of Illinois with
respect to educational and social services.
(2) There is a need to provide methods of fund raising to
such not-for-profit organizations to enable them to meet their
stated charitable and social purposes.
(3) Uniform regulation for the conduct of standardized games
of chance is in the best interests of not-for-profit organizations
and the people of the State of Illinois.
(4) Authorization for such not-for-profit organizations to
conduct charitable games as provided in this Act is in the best
interests of and will benefit the people of the State of Illinois.
(b) It is the purpose and intent of this Act to do the following:
(1) Permit not-for-profit organizations to conduct charitable
games only in compliance with the provisions of this Act.
(2) Reaffirm that gambling in Illinois, unless specifically
authorized, is not to be allowed.
ARTICLE 5. DEFINITIONS
Section 5-5. Definitions. As used in this Act:
"Act" means the Omnibus Charitable Gaming Act.
"Adjusted gross proceeds" means gross proceeds less cash prizes.
"Bingo" means a game where each player has a face or board for
which a consideration has been paid containing 5 horizontal rows of
spaces, with each row except the central one containing 5 figures. The
central row has 4 figures with the word "free" marked in the center
space thereof. Bingo also includes games that are as described in this
definition including the use of faces where the figures are not
preprinted but are filled in by the players. A player wins a game of
bingo by completing a preannounced combination of spaces or, in the
absence of a preannouncement of a combination of spaces, any
combination of 5 spaces in a row, either vertical, horizontal, or
diagonal.
"Bingo game" means a game that consists of the calling of numbers
or letters or combination of numbers and letters, one at a time without
replacement, until one or more winners are determined by the completion
of one or more predetermined patterns of numbers or letters or
combination of numbers and letters on a bingo face.
"Charitable games" means the games licensed for play under this
Act, including bingo, event games, pull tabs, jar ticket games, and
tipboards, and the games authorized to be played at Las Vegas Nights
events.
"Charitable organization" means an organization or institution that
is organized and operated to benefit an indefinite number of the
public. In order to benefit the general public, an organization must
contribute a minimum of 5% per year of the organization's adjusted
gross proceeds from charitable games to benefit the general public.
"Deal" means, for purposes of pull tabs, jar ticket games, and
tipboards, a separate package, series of packages, card, or tipboard
consisting of one game of tickets with the same serial number,
purchased from a licensed manufacturer or supplier.
"Department" means the Illinois Department of Revenue.
"Educational organization" means a not-for-profit organization or
institution organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and
institutions of learning which compare favorably in their scope and
intensity with the course of study presented in tax-supported schools.
"Electronic bingo cardminding device" means a device that
electronically stores predetermined bingo faces, provides a means for
players to input numbers or symbols called by the operator, compares
the numbers or symbols input by the player to bingo faces previously
stored in an electronic data base, and identifies to the player those
stored bingo faces that contain the numbers or symbols input by the
player.
"Electronic gaming device" means any mechanical, electrical device
or machine that, upon payment of consideration, including money, chips,
[February 23, 2000] 44
scrip, or play money, is available to play or operate, operation of
which, whether by reason of the skill of the operator, or application
of the element of chance, or both, may deliver or entitle the person
playing or operating the machine to receive money, premiums,
merchandise, tokens, redeemable game credits or anything of value other
than unredeemable free games whether the payoff is made automatically
from the machine or in any other manner. "Electronic gaming device"
does not include a machine that dispenses pull tabs or jar game tickets
or cards or an electronic bingo cardminding device.
"Event game" means a game, excluding bingo, keno, roulette, and
poker, where the winner or winners have not been designated in advance
by the manufacturer, but rather determined solely by an element of
chance not contingent upon the participation in bingo. Blowers, cages,
wheels, decks of cards, seal cards, and numeral paper are permitted for
use in determining the winning ticket, number, or symbol combinations.
Event games shall only be conducted during a licensed organization's
own bingo session.
"Face value", for purposes of pull tabs, jar ticket games, and
tipboards, means the price per pull tab or jar ticket printed on such
ticket or flare or both.
"Flare" means the posted display setting forth the rules of a
particular game of pull tabs, jar ticket games, and tipboards and that
is associated with a specific deal of pull tabs, jar ticket games, and
tipboards.
"Fraternal organization" means a civic, service, or charitable
organization in this State, except a college or high school fraternity
or sorority, not for pecuniary profit, that is a branch, lodge, or
chapter of a national or State organization and that is organized and
operated for the common business, brotherhood, or other interest of its
members and to benefit the general public on a continuing and
consistent basis. In order to benefit the general public on a
continuing and consistent basis, such organization must contribute a
minimum of 5% per year of the organization's adjusted gross proceeds
from charitable games to benefit the general public.
"Gross proceeds", for purposes of pull tabs, jar ticket games, and
tipboards, means the total receipts, in any form, from the sale of pull
tabs, jar ticket games, and tipboards.
"Gross proceeds", for purposes of bingo, means the total receipts,
in any form, from the sale of bingo faces.
"Gross proceeds", for purposes of Las Vegas Nights events, means
all chips, scrip, or other form of play money purchased or any fee or
donation for admission or entry into such games. If a licensed
organization conducts games for a corporate sponsor as provided in
Section 30-5, "gross proceeds" shall include the amount paid to the
licensed organization for conducting such games as provided by
Department rule.
"Ideal net proceeds", for purposes of pull tabs, jar ticket games,
and tipboards, means the total amount of receipts that would be
received if every individual ticket in the pull tab or jar ticket game
or tipboard deal was sold at its face value, less cash prizes.
"Labor organization" means an organization composed of labor unions
or workers organized with the objective of betterment of the conditions
of those engaged in such pursuit and the development of a higher degree
of efficiency in their respective occupations.
"Las Vegas Nights games" means and is limited to the following
games: (1) roulette; (2) blackjack; (3) craps; (4) bang; (5) beat the
dealer; (6) poker; (7) chuck-a-luck; and (8) wheel games. Las Vegas
Nights games do not include any of the games listed items in (1)
through (8) when played on an electronic gaming device, except as
authorized by Department rule.
"License term" means the 3-year period for which a license is valid
under this Act.
"Licensed organization" means any organization holding a valid
license from the Department to conduct charitable games.
"Licensee" may refer to any of the various persons holding a
license under this Act, including organizations licensed to conduct
45 [February 23, 2000]
charitable games or suppliers, manufacturers, or providers licensed
under this Act.
"Non-profit organization" means an organization or institution
organized and conducted on a not-for-profit basis with no personal
profit inuring to any person as a result of the operation.
"Organization" means a corporation, limited liability company,
agency, partnership, association, firm, or other entity consisting of 2
or more persons joined by a common interest or purpose.
"Participation in the operation and management of charitable
games", for purposes of Las Vegas Nights events, means, but is not
limited to, (1) selling admission tickets at the event; (2) selling or
redeeming or in any way assisting in the selling or redeeming of chips;
or (3) participating in the conducting of any games played at the event
or acting as a supervisor or pit boss of a person conducting the games.
Conducting a game includes, but is not limited to, dealing cards in
poker or other card games, spinning a wheel, turning the chuck-a-luck
cage, or acting as a croupier. Participation in the management or
operation of games also includes persons who, at any time during the
hours of a Las Vegas Nights event, count or handle or supervise anyone
who counts or handles any of the proceeds or chips at the event. A
person who is present to ensure that the games are being conducted in
conformance with the rules established by the licensed organization is
considered to be participating in the management or operation of the
games. Setting up, cleaning up, selling food and drink, and providing
security either for persons or property at events (other than for the
Las Vegas Nights equipment and money, chips, or scrip used in the
conducting of Las Vegas Nights games), do not constitute, in and of
themselves, participation in the management and operation of the games.
"Participation in the operation and management of charitable
games", for purposes of bingo and pull tabs, jar ticket games, and
tipboards, includes, but is not limited to, selling bingo faces,
drawing and announcing bingo numbers and winners, and selling pull
tabs, jar ticket games, and tipboards tickets. Setting up, cleaning up,
selling food and drink, and providing security either for persons or
property at games, do not constitute, in and of themselves,
participation in the management and operation of the games.
"Person" means and includes an individual, a trust, estate,
partnership, association, firm, company, corporation, limited liability
company, fiduciary, or any natural individual. It specifically
includes an officer, agent, or employee of a corporation, a member,
agent, or employee of a partnership, or a member, manager, employee,
officer, director, or agent of a limited liability company.
"Progressive event game" means an event game in which a prize value
not won during one session of bingo of a licensed organization is
carried over and added to the jackpot value of a subsequent session of
that same licensed organization until won.
"Pull tabs, jar ticket games, and tipboards" means a game using a
folded and banded ticket or a multi-ply card with a perforated
break-open tab or tabs, made completely of paper or paper products, the
face of which is initially covered or otherwise hidden from view in
order to conceal a number, symbol or set of symbols, some of which are
winners. Each winning pull tab, card or ticket shall be predetermined.
Players with winning cards or tickets receive a prize stated on the
game's flare. "Pull tabs, jar ticket games, and tipboards" also means
a game in which prizes are won by pulling a tab, card, or ticket from a
board thereby revealing a number that corresponds to the number for a
given prize.
"Pull tabs, jar ticket games, and tipboards" does not include the
following: numbers, policy, bolita or similar games, dice, slot
machines, bookmaking and wagering pools with respect to a sporting
event, or that game commonly known as punch boards, or any other game
or activity not expressly defined in this Section.
"Qualified persons" means the persons who are reported to the
Department by a licensed organization as members, employees, or
volunteers of the licensed organization who will participate in the
management and operation of charitable games.
[February 23, 2000] 46
"Qualified organization" means a bona fide charitable, religious,
fraternal, veterans', labor, educational, youth athletic, or senior
citizens' organization or institution organized and conducted on a
not-for-profit basis with no personal profit inuring to anyone as a
result of the operation. It also includes a veterans' organization as
defined in this Act, organized and operated on a not-for-profit basis
with no personal profit inuring to any person as a result of the
operation, and an auxiliary organization of a veterans' organization.
"Religious organization" means any church, congregation, society,
or organization founded for the purpose of religious worship.
"Senior citizens' organization" means an organization or
association comprised of members of which substantially all are
individuals who are senior citizens, as defined in the Illinois Act on
the Aging, the primary purpose of which is to promote the welfare of
its members.
"Sponsoring organization" means a qualified organization that has
obtained a license to conduct charitable games in conformance with this
Act.
"Tipboard" means a board, placard, or other device containing a
seal that conceals the winning number or symbol and that serves as the
game flare for a tipboard game.
"Veterans' organization" means an organization comprised of members
of which substantially all are individuals who are veterans or spouses,
widows, or widowers of veterans, the primary purpose of which is to
promote the welfare of its members and to provide assistance to the
general public in such a way as to confer a public benefit. In order
to benefit the general public, such organization must contribute a
minimum of 5% per year of the organization's adjusted gross proceeds
from charitable games to benefit the general public.
"Volunteer" means a person recruited by a licensed organization who
voluntarily performs services at a charitable games event, including
participation in the management or operation of a game as defined in
this Section.
"Youth athletic organization" means an organization having as its
exclusive purpose the promotion and provision of athletic activities
for youth aged 18 and under.
ARTICLE 10. LICENSES
Section 10-5. Pull tabs license.
(a) The Department of Revenue, upon application made and filed
under penalty of perjury on forms prescribed by the Department and upon
the payment of a license fee of $1,500, and upon a determination by the
Department that the applicant meets all of the qualifications specified
in this Section, shall issue a license to conduct pull tabs, jar ticket
games, and tipboards. If the entire fee is not submitted at the time
of application, it may be paid in accordance with a payment schedule
established by rule by the Department. If the license is surrendered,
the license fee shall be refunded only in yearly installments of the
license term. The Department is authorized to issue a license to
conduct pull tabs, jar ticket games, and tipboards to any of the
following:
(1) Any local fraternal mutual benefit organization chartered
at least 40 years before it applies for a license under this Act.
(2) Any qualified organization organized in Illinois that
operates without profit to its members, that has been in existence
in Illinois continuously for a period of 3 years immediately before
making application for a license, and that has had during that
3-year period a bona fide membership engaged in carrying out its
objects. However, the 3-year requirement shall be reduced to 2
years, as applied to a local organization that is affiliated with
and chartered by a national organization that meets the 3-year
requirement. The period of existence specified in this paragraph
(2) shall not apply to a qualified organization, organized for
charitable purpose, created by a fraternal organization that meets
the existence requirements if the charitable organization has the
same officers and directors as the fraternal organization. Only
one charitable organization created by a branch, lodge, or chapter
47 [February 23, 2000]
of a fraternal organization may be licensed under this provision.
Each license shall be in effect for 3 years from its date of
issuance, unless suspended or revoked by Department action before that
date. A licensee may hold only one license to conduct pull tabs, jar
ticket games, and tipboards, which is valid only for the locations
specified on the license. If a licensee wishes to conduct pull tabs,
jar ticket games, and tipboards at a location other than the locations
originally specified on the license or if the licensee wishes to change
established event dates or times, the licensee shall notify the
Department in writing of the proposed alternate location or alternate
dates or times at least 20 days in advance of the rescheduled event and
shall obtain a license for the alternate location or alternate dates or
times before conducting the rescheduled event. Any change to a
license, including a change in date, time, or location or any addition
of a date, time, or location is subject to a $25 nonrefundable
amendment fee.
(b) The Department may, upon written request signed by an officer
of the applicant organization, issue a special permit to a licensed
organization to sell pull tabs or jar ticket games for no more than 7
consecutive days, except that a licensee may sell pull tabs or jar
ticket games at the Illinois State Fair or any county fair held in
Illinois during each day that the fair is in effect. Pull tabs or jar
ticket games sold at the Illinois State Fair or a county fair shall
require a fair permit. A special permit shall be displayed at the site
of any pull tabs or jar ticket games authorized by such permit. No
more than 4 special permits may be issued to any one organization
during the pendency of each 12-month period of the organization's
regular license term.
(c) For purposes of a pull tabs, jar ticket games, and tipboards
license, any organization qualified for a license but not holding one
may, upon application signed under penalty of perjury and upon payment
of a license fee of $150, receive a limited license to conduct pull
tabs or jar ticket games at no more than 4 indoor or outdoor festivals
during each 12-month period of the license term for a maximum of 5 days
on each occasion. If the license is surrendered, the license fee shall
be refunded only in yearly installments of the license term. Such
limited license shall be prominently displayed at the site of the pull
tabs or jar ticket games.
(d) The Department shall license suppliers and manufacturers of
pull tabs, jar ticket games, and tipboards for a license fee of
$15,000. If the entire fee is not submitted at the time of application,
it may be paid in accordance with a payment schedule established by
rule by the Department. If the license is surrendered, the license fee
shall be refunded only in yearly installments of the license term. Each
license shall be in effect for 3 years from its date of issuance,
unless suspended or revoked by Department action before that date.
License applications shall contain the information required by
Department rule and shall be signed by the applicant under penalty of
perjury. Suppliers and manufacturers may meet the requirements and
qualifications established by Department rule. Licensed manufacturers
may sell pull tabs, jar ticket games, and tipboards only to licensed
suppliers. Licensed suppliers may buy pull tabs, jar ticket games, and
tipboards only from licensed manufacturers and may sell pull tabs, jar
ticket games, and tipboards only to licensed organizations. Licensed
organizations may buy pull tabs, jar ticket games, and tipboards only
from licensed suppliers. When a licensed organization buys pull tabs,
jar ticket games, and tipboards from a licensed supplier, the licensed
organization shall pay the supplier cash on delivery. On and after
January 1, 2004, a person holding a pull tabs, jar ticket games, and
tipboards manufacturer's license shall be ineligible to hold a pull
tabs, jar ticket games, and tipboards supplier's license. On and after
January 1, 2004, a person holding a pull tabs, jar ticket games, and
tipboards supplier's license shall be ineligible to hold a pull tabs,
jar ticket games, and tipboards manufacturer's license.
(e) The Department shall adopt by rule minimum quality production
standards for pull tabs, jar ticket games, and tipboards. In
[February 23, 2000] 48
determining such standards, the Department shall consider the standards
adopted by the North American Gaming Regulators Association and the
National Association of Fundraising Ticket Manufacturers. No pull
tabs, jar ticket games, and tipboards shall be sold in this State
unless they conform to the following standards:
(1) Each pull tab ticket, jar game ticket, or tipboard ticket
sold shall contain the following minimum information:
(A) For tickets measuring less than 1 1/4 inch by 2 1/4
inch, each ticket shall contain the name of the manufacturer
(or its Department-registered distinctive logo) and the game
serial number.
(B) For tickets measuring 1 1/4 inch by 2 1/4 inch or
more, each ticket shall contain the name of the manufacturer
(or its Department-registered distinctive logo), the name of
the game, the game form number, the price of the ticket, the
game serial number, and the number of winners and respective
winning numbers or symbols and the prize amounts.
(2) All imprinting of pull tab tickets, jar game tickets, and
tipboard tickets must be performed at the manufacturer's premises.
Manufacturers or suppliers may not sell pull tab tickets, jar game
tickets, or tipboard tickets to any person in Illinois unless the
tickets are imprinted as provided for in this Section. Sales of
unmarked pull tab tickets or jar game tickets or tipboard tickets
by any person in Illinois constitutes a violation of this Act.
Each pull tab flare, jar ticket game flare, and tipboard shall be
imprinted or affixed by the manufacturer with a State of Illinois
logo containing the initials "IL" that has been approved by the
Department and with a bar code that provides the following:
(i) The form number;
(ii) The serial number of the game; and
(iii) The name of the manufacturer.
(3) Affixed to each pull tabs package, jar games bag, or
tipboard that constitutes a deal shall also be a bar code with the
information required in items (i), (ii), and (iii) of paragraph
(2), which is capable of being removed and attached to the
informational report required by Section 35-5(c) of this Act.
(4) The serial number included in the bar code must be the
same as the serial number of the tickets or cards included in the
deal. A manufacturer who manufactures a deal of pull tab tickets,
jar game tickets, or tipboard tickets must affix to the outside of
the container or wrapper containing that game the same bar code
that is imprinted or affixed at the bottom of the flare for that
deal.
(f) No person may alter the bar code or State of Illinois logo
that appears on the outside of the container or wrapper containing a
deal of pull tab tickets, jar game tickets, or tipboard tickets.
Possession of a container or wrapper containing a deal of pull tab
tickets, jar game tickets, or tipboard tickets that has a bar code
different from the bar code of the deal inside the container or wrapper
shall be reported in writing to the Department by the possessor within
10 days of discovery.
(g) A sample of pull tabs, jar ticket games, and tipboards
proposed for production and sale by licensed manufacturers must be
submitted to the Department prior to sale for approval. The Department
shall approve or deny such sales of pull tabs, jar ticket games, and
tipboards within 30 days of submission. The Department shall establish
by rule standards for the submission of and approval of such games.
The sale or use or possession of unapproved pull tabs, jar ticket games
or tipboards constitutes a violation of this Act. Any pull tabs, jar
ticket games, and tipboards trademarked or copyrighted and available
for sale in Illinois before the effective date of this amendatory Act
of the 91st General Assembly need not be submitted to the Department
for such approval.
(h) No employee, owner, or officer of a supplier or manufacturer
may participate in the management or operation of pull tabs or jar
ticket games, even if the employee, owner or officer is also a member,
49 [February 23, 2000]
volunteer, or employee of the organization licensed to sell pull tabs,
jar ticket games, and tipboards tickets. Suppliers and manufacturers
may not promote or solicit pull tabs, jar ticket games, and tipboards
on behalf of a licensed organization or organization that is eligible
to receive a license.
(i) The Department of Revenue shall adopt rules necessary to
provide for the proper accounting and control of activities under this
Act and to prevent illegal activity associated with the use of pull
tabs, jar ticket games, and tipboards.
(j) License fees paid to the Department under this Section shall
be deposited as follows:
(1) 50% shall be deposited in the Common School Fund; and
(2) 50% shall be deposited in the Illinois Gaming Law
Enforcement Fund. Of the moneys deposited in the Illinois Gaming
Law Enforcement Fund under this Section, the General Assembly shall
appropriate two-thirds to the Department of Revenue, Department of
State Police, and the Office of the Attorney General for State law
enforcement purposes, and one-third shall be appropriated to the
Department of Revenue for the purpose of distribution in the form
of grants to counties or municipalities for law enforcement
purposes. The amounts of grants to counties or municipalities
shall bear the same ratio as the number of licenses issued in
counties or municipalities bears to the total number of licenses
issued in the State. In computing the number of licenses issued in
a county, licenses issued for locations within a municipality's
boundaries shall be excluded.
Section 10-10. Bingo license.
(a) The Department of Revenue, upon application made and filed
under penalty of perjury on forms prescribed by the Department, and
upon the payment of a license fee of $600, and upon a determination by
the Department that the applicant meets all of the qualifications
specified in this Section, shall issue a license for the conducting of
bingo and event games. If the entire fee is not submitted at the time
of application, it may be paid in accordance with a payment schedule
established by rule by the Department. If the license is surrendered,
the license fee shall be refunded only in yearly installments of the
license term. The Department is authorized to issue a license to
conduct bingo to any of the following:
(1) Any local fraternal mutual benefit organization chartered
at least 40 years before it applies for a license under this Act.
(2) Any qualified organization organized in Illinois that
operates without profit to its members, that been in existence in
Illinois continuously for a period of 3 years immediately before
making application for a license, and that has had during that
3-year period a bona fide membership engaged in carrying out its
objects. However, the 3-year requirement shall be reduced to 2
years, as applied to a local organization that is affiliated with
and chartered by a national organization which meets the 3-year
requirement. The period of existence specified in this paragraph
(2) shall not apply to a qualified organization, organized for
charitable purpose, created by a fraternal organization that meets
the existence requirements if the charitable organization has the
same officers and directors as the fraternal organization. Only
one charitable organization created by a branch, lodge, or chapter
of a fraternal organization may be licensed under this provision.
Each license shall be in effect for 3 years from its date of
issuance unless suspended or revoked by Department action before that
date. A licensee may hold only one license to conduct bingo and that
license shall be valid only for the location, dates, and times
specified on the license. If a licensee wishes to conduct bingo at a
location other than the location originally specified in the license or
if the licensee wishes to change established event dates or times, the
licensee shall notify the Department in writing of the proposed
alternate location or alternate dates or times at least 20 days in
advance of the rescheduled event and shall obtain a license for the
alternate location or alternate dates or times before conducting the
[February 23, 2000] 50
rescheduled event. Any change to a license, including a change in
date, time, or location, or any addition of a date, time, or location
is subject to a $25 nonrefundable amendment fee.
(b) The Department may, upon written request signed by an officer
of the applicant organization, issue a special permit for conducting
bingo and on other days not exceeding 7 consecutive days, except that a
licensee may conduct bingo at the Illinois State Fair or any county
fair held in Illinois during each day that the fair is in effect.
Bingo games conducted at the Illinois State Fair or a county fair shall
require a fair permit. No more than 4 special permits may be issued to
any one organization per each 12-month period of the license term.
(c) Any organization qualified for a license but not holding one,
upon application made under penalty of perjury on forms prescribed by
the Department and payment of a license fee of $150, may receive a
limited license to conduct bingo at no more than 4 indoor or outdoor
festivals per each 12-month period of the license term for a maximum of
5 days on each occasion. If the license is surrendered, the license fee
shall be refunded only in yearly installments of the license term. Such
limited license shall be prominently displayed at the site of the bingo
games.
(d) The Department, upon application made under penalty of perjury
on forms prescribed by the Department, may issue restricted licenses to
senior citizens' organizations. The nonrefundable license fee for a
restricted license is $10 per year. Restricted licenses shall be
subject to the following conditions:
(1) Bingo shall be conducted only at a facility that is owned
by a unit of local government to which the corporate authorities
have given their approval and that is used to provide social
services or a meeting place to senior citizens, or in common areas
in multi-unit federally assisted rental housing maintained solely
for the elderly and handicapped.
(2) The price paid for a single face shall not exceed 5
cents.
(3) The aggregate retail value of all prizes or merchandise
awarded in any one game of bingo shall not exceed $1.
(4) No person or organization shall participate in the
management or operation of bingo under a restricted license if the
person or organization would be ineligible for a license under this
Section.
(5) No license is required to provide premises for bingo
conducted under a restricted license.
(6) The Department may, by rule, exempt restricted licensees
from such requirements of this Act as the Department may deem
appropriate.
(e) The Department, upon application made and filed under penalty
of perjury on forms prescribed by the Department and upon payment of a
license fee of $600, shall issue a license permitting a person to sell,
lease, or distribute all faces, boards, sheets, pads, electronic bingo
cardminding devices, and other equipment designed for use in the play
of bingo. If the entire fee is not submitted at the time of
application, it may be paid in accordance with a payment schedule
established by rule by the Department. If the license is surrendered,
the license fee shall be refunded only in yearly installments of the
license term. Within 30 days after the end of each calendar quarter
during which a supplier's license was in effect, the supplier shall
file a return with the Department listing all sales and leases of bingo
supplies and equipment for the quarter and gross proceeds derived from
each such sale or lease. Information required by the return shall be
filed by submitting appropriate computer-generated magnetic media,
unless as provided by rule, the Department grants an exception upon
petition of the supplier. The Department shall promulgate rules
regarding the format of the computer-generated magnetic media. No
person shall sell, lease or distribute bingo supplies or equipment
without having first obtained a license therefor. On and after January
1, 2004, persons holding a bingo provider's license are ineligible to
hold a bingo supplier's license. However, persons holding a bingo
51 [February 23, 2000]
provider's license are authorized to lease or lend blowers and display
boards and Department-approved electronic bingo cardminding devices to
organizations licensed to conduct bingo games. A supplier's license is
valid for 3 years from the date of issuance, unless suspended or
revoked by Department action before that date. A bingo supplier's
license authorizes a supplier to sell bingo supplies or equipment to
any organization licensed to conduct bingo games or to any licensed
bingo supplier. Sales of bingo supplies or equipment to nonlicensed
persons are authorized, provided that all such sales are reported to
the Department and supported by a certification that such supplies and
equipment are for use in a manner not subject to this Act and whereby
such certification is signed and dated by the nonlicensed person and
attached to the supplier's quarterly return listing all sales and
leases of bingo supplies and equipment. Organizations licensed to
conduct bingo games shall purchase, lease or otherwise obtain bingo
supplies or equipment only from licensed suppliers.
No employee, owner, or officer of a supplier may participate in the
management or operation of a bingo game, even if the employee, owner,
or officer is also a member, volunteer, or employee of the licensee. A
supplier may not promote or solicit a bingo game on behalf of a
licensee or qualified organization.
(f) The Department, upon application made and filed under penalty
of perjury on forms prescribed by the Department and upon payment of a
license fee of $600, shall issue a provider's license permitting a
person to provide premises for the conduct of bingo. If the entire fee
is not submitted at the time of application, it may be paid in
accordance with a payment schedule established by rule by the
Department. If the license is surrendered, the license fee shall be
refunded only in yearly installments of the license term. A provider's
license is valid for 3 years from the date of issuance, unless
suspended or revoked by Department action before that date. Such
license also authorizes the provider to lease or lend blowers and
display boards and electronic bingo cardminding devices to
organizations licensed to conduct bingo games. A municipality or
township shall not be required to obtain a license to provide such
premises. No license is required to provide premises for bingo
conducted under a restricted license. An organization qualified to
receive a bingo license need not obtain a provider's license if bingo
games will be conducted on the organization's premises. However, if it
will rent premises to separately licensed organizations, it must apply
for and obtain a provider's license from the Department. On and after
January 1, 2004, a person holding a bingo supplier's license is
ineligible to hold a bingo provider's license.
No more than 2 bingo sessions may be conducted on a premises during
any day. A person holding a provider's license may receive reasonable
expenses for providing premises for conducting bingo. Reasonable
expenses shall include only those expenses defined as reasonable by
rules promulgated by the Department. Separate rent charged for
organizations to sell pull tabs on the same premises is prohibited. A
provider shall not prohibit a licensed organization from selling pull
tab and jar game tickets during such licensed organization's bingo
session.
A licensee may rent a premises on which to conduct bingo only from
a person licensed as a provider of premises. Licensed providers may
rent premises only to organizations that possess valid licenses issued
by the Department. If the person providing the premises is a
metropolitan exposition, auditorium, and office building authority
created by State law, a licensee may enter into a rental agreement with
that person authorizing the licensee and that person to share the gross
proceeds of bingo games. However, the metropolitan exposition,
auditorium, or office building authority created by State law shall not
receive more than 50% of the gross proceeds.
A provider shall not have any interest in any supplier's business,
either direct or indirect. No employee, officer, or owner of a
for-profit provider may participate in the management or operation of a
bingo session, even if the employee, officer, or owner is also a
[February 23, 2000] 52
member, volunteer, or employee of the bingo licensee. A provider may
not promote or solicit a bingo game on behalf of a bingo licensee or
person qualified to receive a bingo license.
(g) The proceeds from the bingo license fees imposed by this Act
shall be paid into the General Revenue Fund of the State Treasury.
Section 10-15. Las Vegas Nights events license.
(a) The Department of Revenue, upon application made and filed
under penalty of perjury on forms prescribed by the Department and upon
the payment of a license fee of $600, and upon a determination by the
Department that the applicant meets all of the qualifications specified
in this Section, shall issue a Las Vegas Nights events license for the
conducting of Las Vegas Nights games to any of the following:
(1) Any local fraternal mutual benefit organization chartered
at least 40 years before it applies for a license under this Act.
(2) Any qualified organization organized in Illinois that
operates without profit to its members, that has been in existence
in Illinois continuously for a period of 3 years immediately before
making application for a license, and that has had during that
3-year period a bona fide membership engaged in carrying out its
objects. However, the 3-year requirement shall be reduced to 2
years, as applied to a local organization that is affiliated with
and chartered by a national organization that meets the 3-year
requirement. The period of existence specified in this paragraph
(2) shall not apply to a qualified organization, organized for
charitable purpose, created by a fraternal organization that meets
the existence requirements if the charitable organization has the
same officers and directors as the fraternal organization. Only
one charitable organization created by a branch, lodge, or chapter
of a fraternal organization may be licensed under this provision.
If the entire fee is not submitted at the time of application, it
may be paid in accordance with a payment schedule established by rule
by the Department. If the license is surrendered, the license fee shall
be refunded only in yearly installments of the license term. Each
license shall be in effect for 3 years from its date of issuance unless
suspended or revoked by Department action before that date. A licensee
may hold only one license to conduct Las Vegas Nights games.
(b) If a licensee wishes to conduct Las Vegas Nights games at a
location other than the locations originally specified in the license
or if the licensee wishes to change established event dates or times,
the licensee shall notify the Department in writing of the proposed
alternate location or alternate dates or times at least 20 days in
advance of the rescheduled event and shall obtain a license for the
alternate location or alternate dates or times before conducting the
rescheduled event. Any change to a license, including a change in
date, time, or location or any addition of a date, time, or location is
subject to a $25 nonrefundable amendment fee.
(c) The Department, upon application made and filed under penalty
of perjury on forms prescribed by the Department and upon the payment
of a license fee of $1,500, shall issue a supplier's license permitting
a person to sell, lease, lend, or distribute to any organization
licensed to conduct Las Vegas Nights events, supplies, devices, and
other equipment designed for use in the playing of Las Vegas Nights
games. If the entire fee is not submitted at the time of application,
it may be paid in accordance with a payment schedule established by
rule by the Department. If the license is surrendered, the license fee
shall be refunded only in yearly installments of the license term. A
licensee may hold only one license as a Las Vegas Nights games
supplier. No person shall sell, lease, or distribute Las Vegas Nights
games supplies or equipment without having first obtained a license
from the Department. Each license is valid for a period of 3 years
from the date of issuance, unless suspended or revoked by Department
action before that date. A licensed supplier may, as authorized by
Department rule, lend, lease, or distribute equipment to non-licensed
persons solely for promotional or cinematic purposes. A licensed
supplier shall obtain written approval from the Department for such use
of equipment at least 10 days prior to the promotional or cinematic
53 [February 23, 2000]
event.
A supplier shall furnish the Department with a list of all products
and equipment offered for sale or lease to any organization licensed to
conduct charitable games and all such products and equipment shall be
sold or leased at the prices on file with the Department. A supplier
shall keep all such products and equipment segregated and separate from
any other products, materials, or equipment that it might own, sell, or
lease. A supplier must include in its application for a license the
exact location of the storage of the products, materials, or equipment.
A supplier, as a condition of licensure, must consent to permitting the
Department's employees to enter supplier's premises to inspect and test
all equipment and devices. A supplier shall keep books and records for
the furnishing of products and equipment to charitable games separate
and distinct from any other business the supplier might operate. All
products and equipment supplied must be in accord with the Department's
rules. A supplier shall not alter or modify any equipment or supplies
or possess any equipment or supplies so altered or modified so as to
allow the possessor or operator of the equipment to obtain a greater
chance of winning a game other than as under normal rules of play of
such games. The supplier shall not receive a percentage of the
proceeds from the Las Vegas Nights games for the use of the products or
equipment. The supplier shall file a quarterly return with the
Department listing all sales or leases for such quarter and the gross
proceeds from such sales or leases. A supplier shall permanently affix
his name to all Las Vegas Nights events equipment and supplies. On and
after January 1, 2004, a person holding a Las Vegas Nights events
provider's license is ineligible to hold a Las Vegas Nights events
supplier's license. If the supplier leases his or her equipment for
use at an unlicensed charitable games or to an unlicensed sponsoring
organization, all equipment so leased shall be forfeited to the State.
Organizations licensed to conduct Las Vegas Nights events may own
their own equipment. Such organizations must apply to the Department
for an ownership permit. Application for a permit must be filed under
penalty of perjury on forms prescribed by the Department and must be
accompanied by a $50 permit fee. Such organizations shall file an
annual report listing their inventory of Las Vegas Nights games
equipment. Such organizations may lend such equipment without
compensation to other licensed organizations without applying for a
supplier's license.
No employee, owner, or officer of a supplier may participate in the
management or operation of a Las Vegas Nights event, even if the
employee, owner, or officer is also a member, volunteer, or employee of
the Las Vegas Nights licensee. A supplier may not promote or solicit a
Las Vegas Nights event on behalf of a Las Vegas Nights licensee or
qualified organization.
The Department, upon written notification, may grant a special
sales permit to a person authorizing the person to sell, on a limited
basis, to a supplier or organization licensed under this Act equipment
designed for use in the playing of Las Vegas Nights games. A special
sales permit may be issued when demand for a particular type of
equipment is anticipated to be below the level of economic feasibility
of obtaining a license under this Act. The Department may establish by
rule standards for the issuance of such special sales permits.
(d) The Department, upon application made and filed under penalty
of perjury on forms prescribed by the Department and upon payment of a
license fee of $150, shall issue a provider's license permitting a
person to provide premises for the conduct of Las Vegas Nights. If the
entire fee is not submitted at the time of application, it may be paid
in accordance with a payment schedule established by rule by the
Department. If the license is surrendered, the license fee shall be
refunded only in yearly installments of the license term. A provider
must obtain a separate license for each separate premises. No person
may rent or otherwise provide premises without having first obtained a
license from the Department. Each provider's license is valid for 3
years from the date of issuance, unless suspended or revoked by
Department action before that date. A provider may receive reasonable
[February 23, 2000] 54
compensation for the provision of the premises. Reasonable expenses
shall include only those expenses defined as reasonable by rules
promulgated by the Department. The compensation shall not be based upon
a percentage of the gross proceeds from the Las Vegas Nights games. A
provider, including a municipality or township, may not provide the
same premises for conducting more than 12 Las Vegas Nights per each
12-month period of the license term. A provider shall not have any
interest in any supplier's business, either direct or indirect. No
employee, officer, or owner of a provider may participate in the
management or operation of a Las Vegas Night event, even if the
employee, officer, or owner is also a member, volunteer, or employee of
the Las Vegas Night licensee. A provider may not promote or solicit a
Las Vegas Night event on behalf of a Las Vegas Night licensee or
qualified organization. Any qualified organization licensed to conduct
a Las Vegas Nights event need not obtain a provider's license if such
events are to be conducted on the organization's premises. On and
after January 1, 2004, a person holding a Las Vegas Nights events
supplier's license is ineligible to hold a Las Vegas events provider's
license.
If a licensee conducts Las Vegas Nights events on its own premises,
the licensee may also obtain a provider's license to allow the licensee
to rent or otherwise provide its premises to another licensee for the
conducting of an additional 4 Las Vegas Nights events. The maximum
number of events that may be held at any one premises is limited to 12
Las Vegas Nights events per each 12-month period of the license term.
(e) The proceeds from the Las Vegas Nights events license and
permit fees imposed by this Act shall be paid into the Illinois Gaming
Law Enforcement Fund of the State Treasury.
ARTICLE 15. INELIGIBLE PERSONS
Section 15-5. Ineligible Persons.
(a) The following are ineligible for any license under this Act:
(1) Any person who has been convicted of a felony within 10
years of the date of the application.
(2) Any person who has been convicted of a violation of
Article 28 of the Criminal Code of 1961.
(3) Any person who has had a license issued under this Act or
the Illinois Pull Tabs and Jar Games Act, the Bingo License and Tax
Act, or the Charitable Games Act revoked by the Department.
(4) Any business or organization in which a person defined in
paragraph (1) or (2) of this subsection (a) has a proprietary,
equitable, or credit interest or in which the person is active or
employed.
(5) Any business or organization in which a person defined in
paragraph (a)(1), (a)(2), or (a)(3) is an officer, director, or
employee, whether compensated or not.
(6) Any organization in which a person defined in paragraph
(a)(1), (a)(2), or (a)(3) is to participate in the management or
operation of Las Vegas Nights events, pull tabs, jar ticket games,
or bingo.
(7) Any person or organization who has knowingly submitted
any application, supporting documentation, return, or report
containing statements that the person or organization knows to be
false.
(8) Any unlicensed organization engaging in any activities
required to be licensed under this Act.
(b) The ineligibility of an organization under paragraph (a)(4),
(a)(5), or (a)(6) of this Section shall continue so long as any person
defined in paragraph (a)(1), (a)(2), or (a)(3) maintains with the
person or organization a relationship causing ineligibility. The
ineligibility of a person under paragraph (a)(3) shall continue for a
period of 5 years from the date of revocation. The ineligibility of a
person or organization under paragraph (a)(7) or (a)(8) shall continue
for a period of 5 years from the date of the submission of the
application, supporting documentation, return, or report or the date
the unlicensed activities were discontinued.
(c) The Department of State Police shall provide the criminal
55 [February 23, 2000]
background of any person requested by the Department of Revenue.
ARTICLE 25. LICENSING RESTRICTIONS
Section 25-5. Licensing restrictions.
(a) All licenses issued under this Act are subject to the
following restrictions.
(1) Any change in officers, directors, partners, or
stockholders owning at least 10% of the shares of a corporate or
partnership licensee must be reported to the Department in writing
within 30 days of the change. A new application must be submitted
to the Department upon any change in officers, directors, partners,
or stockholders or partners owning more than 50% of the shares of a
corporate or partnership licensee.
(1.5) All license applications, except renewals, must be
submitted to the Department at least 30 days before engaging in the
activities for which the license is required.
(2) A license is not assignable or transferable.
(3) A licensee shall consent to allowing the Department's
employees to be present on the premises wherein the charitable
games are conducted and to inspect or test equipment, devices, and
supplies used in the conduct of the games.
(4) In addition to the basic license fees, the Department may
require payment of such additional license fees as are necessary to
defray the costs of background investigations of applicants for
whom adequate background information sources are not readily
available, including, but not limited to, applicants who have not
resided in the State of Illinois for at least one year. The
Department may require payment of the estimated additional license
fee in advance as a condition precedent to beginning the
investigation. The Department shall notify the applicant as soon as
possible after it makes a determination that such additional fee is
necessary and shall further notify the applicant of the
Department's best estimate of what such additional license fee will
be, provided, that such estimate shall not be binding upon the
Department. Any applicant may then withdraw his or her application
if he or she so chooses.
(5) The payment of tax or a license fee by a check that, for
any reason, is not promptly paid by the drawer bank shall be
grounds for immediate denial of a new license, denial of a renewal
application, or suspension of any current license issued under this
Act. If a license is denied under this paragraph (5), a new
application must be submitted with fees payable only by certified
check, money order, or cash.
(6) The Department shall mail a renewal application at least
4 months prior to the expiration of the license. If a completed
renewal application is not received by the Department within 2
months prior to the expiration of the license, the licensee shall
not be permitted to continue to operate once the current license
has expired.
(b) Licenses issued to conduct charitable games are subject to the
following restrictions:
(1) The license application, when submitted to the
Department, must contain a sworn statement attesting to the
not-for-profit character of the prospective licensee organization
that has been signed by the presiding officer and the secretary of
that organization. Any willful misstatements contained in such
application constitute perjury.
(2) For purposes of a Las Vegas Nights events license, the
application shall also contain the name of the person in charge of
and primarily responsible for the conduct of the Las Vegas Nights
games. The person so designated shall be present on the premises
continuously during the games.
(3) The application for license shall be prepared by the
licensee organization or its duly authorized representative in
accordance with the rules of the Department.
(4) The application for any license issued under this Act
shall contain a list of the names, addresses, social security
[February 23, 2000] 56
numbers, and dates of birth of all persons who will participate in
the management or operation of the games, along with a sworn
statement made under penalty of perjury, signed by the presiding
officer and secretary of the applicant, that the persons listed as
participating in the management or operation of the games are
either bona fide members, volunteers as defined in Section 5-5, or
employees of the applicant, will receive no remuneration or
compensation, directly or indirectly, from any source for
participating in the management or operation of the games, and for
purposes of Las Vegas Nights events, that these persons have not
participated in the management or operation of more than 8
charitable games events in a calendar year. Any amendments to this
listing must be submitted on forms prescribed by the Department and
must be received by the Department at least 3 business days before
the scheduled event and must be verified as received by the
Department and contain an identical sworn statement. If not
received within this time, the persons listed on such supplemental
list shall not be authorized to participate in the management or
operation of the charitable games. If, from the information
provided, the Department cannot determine with reasonable certainty
that a member, volunteer, or employee does not have a criminal
record that would make the organization ineligible for a license,
the Department may require such member, volunteer, or employee to
submit to fingerprinting in order to make a more certain
determination as to the lack of a criminal history of the member,
volunteer, or employee.
(5) For purposes of a pull tabs, jar ticket games, and
tipboards license, the licensee organization shall state in the
application for a pull tabs, jar ticket games, and tipboards
license whether the licensee organization is using mechanical pull
tab dispensing machines and, if so, how many are in the possession
of the licensee organization and how many are being used. If a
licensee organization at the time of application does not possess
any such mechanical pull tab dispensing machines but acquires such
machines at a later date, the licensee organization shall notify
the Department, in writing, within 30 days of obtaining such
machines, of the number of machines. The Department may inspect or
test such mechanical pull tab dispensing machines during reasonable
business hours.
(6) The application shall be signed by the presiding officer
and the secretary of the prospective licensee organization, who
shall attest under penalty of perjury that the information
contained in the application is true, correct, and complete.
(7) For purposes of a pull tabs, jar ticket games, and
tipboards license, each license shall state the locations at which
the licensee is permitted to conduct pull tabs, jar ticket games,
and tipboards.
(8) For purposes of a bingo license, each licensee shall
state which hours and day of the week and at what location the
licensee is permitted to conduct bingo.
(9) For purposes of a Las Vegas Nights events license, each
license shall state which day of the week, the hours, and at what
locations the licensee is permitted to conduct Las Vegas Nights
games.
(10) The licensee shall display the license in a prominent
place in the area where it is to conduct pull tabs, jar ticket
games, and tipboards, bingo, or Las Vegas Nights games.
(11) For purposes of a Las Vegas Nights events license, the
Department shall not issue a license permitting an organization to
sponsor a Las Vegas Nights event if the premises for the conduct of
the Las Vegas Nights games has been previously used for 8 Las Vegas
Nights events during the current 12-month period of the license
term. However, up to 12 Las Vegas Nights events per each 12-month
period of the license term may be held in any one premises if an
organization licensed to conduct Las Vegas Nights events on its own
premises has also obtained a Las Vegas Nights events provider's
57 [February 23, 2000]
license in accordance with Section 10-15. In this case, the
maximum number of Las Vegas Nights events that may be held in any
one premises is limited to 12 Las Vegas Nights events per each
12-month period of the license term.
(12) For purposes of a Las Vegas Nights events license,
auxiliary organizations of a licensee shall not be eligible for a
license to conduct Las Vegas Nights games, except for auxiliary
organizations of veterans' organizations as authorized in Section
5-5.
(13) Charitable games must be conducted in accordance with
local building and fire code requirements.
ARTICLE 30. CONDUCTING OF GAMES; RESTRICTIONS
Section 30-5. Conducting charitable games; restrictions. The
conducting of charitable games is subject to the following
restrictions:
(1) The entire adjusted gross proceeds of any charitable games,
except as otherwise approved in this Act, must be exclusively devoted
to the lawful purposes of the organization permitted to conduct such
games.
(2) No person, except a bona fide member, volunteer, or employee
of the sponsoring organization may participate in the management or
operation of charitable games. A person who participates in the
management or operation of the games and who is not a bona fide member,
volunteer, or employee of the sponsoring organization or who receives
remuneration or other compensation either directly or indirectly from
any source for participating in the management or operation of the
games commits a violation of this Act.
(3) No person may receive any remuneration or profit for
participating in the management or operation of charitable games,
except that if an organization licensed under this Act to conduct bingo
is associated with a school or other educational institution, the
school or institution may reduce tuition or fees for a designated pupil
based on participation in the management or operation of the game by
any member of the organization. The extent to which tuition and fees
are reduced shall relate proportionately to the amount of time
volunteered by the member, as determined by the school or other
educational institution.
(4) No person under the age of 18 years shall play or participate
in games under this Act. A person under the age of 18 years may be
within the area where charitable games are being conducted only when
accompanied by his or her parent or guardian.
(5) Use of electronic gaming devices to play charitable games is
prohibited.
(6) No one other than the sponsoring organization of charitable
games shall have a proprietary interest in the game promoted.
(7) Las Vegas Nights games may not be played between the hours of
12:00 a.m. and noon.
(8) Each organization conducting charitable games shall post signs
with a statement regarding obtaining assistance with gambling problems,
the text of which shall be determined by rule by the Department of
Human Services, at all entrances and exits at the premises at which
charitable games are conducted by the organization. The signs shall be
provided by the Department of Human Services.
(10) For purposes of pull tabs, jar ticket games, and tipboards,
the price paid for a single chance or right to participate in a game
licensed under this Act shall not exceed $2. A single prize shall not
exceed $500. There shall be no more than 6,000 tickets in a game.
(11) The sale of tangible personal property at charitable games is
subject to all State and local taxes and obligations.
(12) Gambling prohibited by law shall not be conducted on the
premises where charitable games are being conducted.
(13) For purposes of pull tabs, jar ticket games, and tipboards,
pull tabs, jar ticket games, and tipboards shall be conducted only on a
single premises that is owned or occupied by a licensed organization
and used by its members as its principle place for general activities
and on the premises owned or rented by such organization for conducting
[February 23, 2000] 58
its bingo games during the hours licensed for such games or as
permitted in subsection (b) of Section 10-5.
(14) For purposes of bingo, the aggregate retail value of all
prizes or merchandise awarded in any single session of bingo may not
exceed $3,250. The prize awarded for any one game may not exceed
$1,000 cash or its equivalent. Prizes awarded in pull tabs, jar ticket
games, and tipboards shall not be included in the bingo prize
limitation.
(15) For purposes of bingo, there shall be a one-hour period
between each bingo session during which no bingo games shall be
conducted. "Bingo session" means a series of up to 30 bingo games,
including the selling of faces, conducted by a licensed organization.
A bingo session shall be conducted only during the time stated on the
bingo license.
(15-5) A bingo license authorizes a licensed organization to
conduct event games at a bingo session, and no more than 3 of those
event games may be progressive event games and in no event shall the
initial prize in a progressive event game exceed $500.
(15-10) The price paid for an event game may not exceed $5. The
aggregate retail value of all prizes or merchandise awarded from event
games in any single session may not exceed $3,250, not including prize
values carried forward from progressive event games. The prize awarded
for any one game may not exceed $1,000 cash or its equivalent. Any
amounts to be carried over for award during a subsequent session in
accordance with a progressive event game may not exceed $500 per
session. The prize awarded for any one progressive event game may not
exceed $10,000.
(16) For purposes of bingo, the number of games may not exceed 30
in any one session including regular and special games, except that
this restriction on the number of games shall not apply to bingo
conducted at the Illinois State Fair or any county fair held in
Illinois.
(17) For purposes of bingo, the price paid for a single face under
the license may not exceed $2 and such face is valid for all regular
games during that session of bingo. A maximum of 5 special games may
be held on each bingo day, except that this restriction on the number
of special games shall not apply to bingo conducted at the Illinois
State Fair or any county fair held in Illinois. The price for a single
special game face may not exceed $1.
(18) For purposes of bingo, the number of bingo days conducted by
a licensee under this Act is limited to one per week, except as
follows:
(A) Bingo may be conducted in accordance with the terms of a
special permit or limited license issued under subsection (b) or
(c) of Section 10-10.
(B) Bingo may be conducted at the Illinois State Fair or any
county fair held in Illinois under subsection (b) of Section 10-10.
(C) A licensee that cancels a day of bingo because of
inclement weather or because the day is a holiday or the eve of a
holiday may conduct bingo on an additional date that occurs within
the remaining time of the 12-month period of the licensee's license
term and that falls on a day of the week other than the day
authorized under the license. Licensees canceling a day of bingo
shall provide the Department with written verification, signed by
an officer of the cancelled event within 10 days of the
cancellation. "Holiday" means any of the holidays listed in
Section 17 of the Promissory Note and Bank Holiday Act.
(19) For purposes of bingo, a licensee may rent a premises on
which to conduct bingo only from an organization that is licensed as a
provider of premises or exempt from license requirements under this
Act. If the organization providing the premises is a metropolitan
exposition, auditorium, and office building authority created by State
law, a licensee may enter into a rental agreement with the organization
authorizing the licensee and the organization to share the gross
proceeds of bingo games; however, the organization shall not receive
more than 50% of the adjusted gross proceeds.
59 [February 23, 2000]
(20) For purposes of bingo, an organization holding a special
permit or a limited license may, as one of the occasions allowed by the
permit or license, conduct bingo for a maximum of 2 consecutive days,
during each day of which the number of games may exceed 30, and regular
game faces need not be valid for all regular games. If only noncash
prizes are awarded during such occasions, the prize limits stated in
item (10) of this Section shall not apply, provided that the retail
value of noncash prizes for any single game shall not exceed $150.
(21) For purposes of Las Vegas Nights events, bona fide members,
volunteers, and employees of the sponsoring organization shall not
participate in the management or operation of more than 8 Las Vegas
Nights events, either of the sponsoring organization or any other
licensed organization, during each calendar year.
(22) For purposes of Las Vegas Nights events, no bet at any game
may exceed $10 per any occurrence of chance.
(23) For purposes of Las Vegas Nights events, a bank shall be
established on the premises to convert currency into chips, scrip, or
other form of play money which shall then be used to play at games of
chance which the participant chooses. Chips, scrip, or play money must
be monogrammed with the Department-registered logo of the licensed
organization or of the supplier. Each participant must be issued a
single, numbered receipt indicating the amount of chips, scrip, or play
money purchased throughout the event.
(24) For purposes of Las Vegas Nights events, at the conclusion of
the event or when the participant leaves, he or she may cash in his
chips, scrip, or play money in exchange for currency not to exceed $250
above the amount he paid for chips, scrip, or play money. Each
participant shall sign for any receipt of prizes. The licensee shall
provide the Department of Revenue with a listing of all prizes awarded.
(25) For purposes of Las Vegas Nights events, each sponsoring
organization shall be permitted to conduct 8 Las Vegas Nights events
per each 12-month period of the license term.
(26) For purposes of Las Vegas Nights events, the provider of the
premises may not rent or otherwise provide the premises for the
conducting of more than 12 Las Vegas Nights events per each 12-month
period of the license term.
(27) For purposes of Las Vegas Nights events, Las Vegas nights
games are authorized only if they are not expressly prohibited by
county ordinance for Las Vegas Nights games conducted in the
unincorporated areas of a county, or by municipal ordinance for Las
Vegas Nights games conducted in a municipality.
(28) For purposes of Las Vegas Nights events, each licensee may
offer or conduct only the games listed in this item (28), which must be
conducted in accordance with rules promulgated by the Department and
rules posted by the organization. The organization sponsoring a Las
Vegas Nights event shall promulgate rules and make printed copies
available to participants, for the following games: (a) roulette; (b)
blackjack; (c) craps; (d) bang; (e) beat the dealer; (f) poker; (g)
chuck-a-luck; and (h) wheel games. A licensee need not offer or
conduct every game permitted by law. No games other than those listed
in this item (28) are authorized for the purpose of Las Vegas Nights
under this Act, and the playing of any other games shall constitute
gambling.
(29) For purposes of Las Vegas Nights events, no slot machines or
coin-in-the-slot-operated devices shall be permitted to be used at the
location and during the time at which the Las Vegas Nights games are
being conducted.
(30) For purposes of Las Vegas Nights events, no cards, dice,
wheels, or other equipment may be modified or altered so as to give the
licensee a greater advantage in winning, other than as provided under
the normal rules of play of a particular game.
(31) For purposes of Las Vegas Nights events, no credit shall be
extended to any of the participants.
(32) For purposes of Las Vegas Nights events, a supplier may have
only one representative present at the Las Vegas Nights event for the
exclusive purpose of ensuring that its equipment is not damaged.
[February 23, 2000] 60
(33) For purposes of Las Vegas Nights events, no employee, owner,
or officer of a consultant service hired by a licensed organization to
perform services at an event including, but not limited to, security at
the event or services before the event including, but not limited to,
training for volunteers or advertising, may participate in the
management or operation of the games.
(34) For purposes of Las Vegas Nights events, card games
authorized under this Act shall be played only in the manner
established by Department rule. Such card games shall have a dealer who
is a qualified person. All other games shall have a game manager who
is a qualified person for the purpose of overseeing the conduct of the
games.
(35) An organization licensed to conduct a Las Vegas Nights event
may host an event or events for a corporate sponsor. Such
corporate-sponsored events shall be included in calculating the 8
authorized Las Vegas Nights events per each 12-month period of a
license term. A corporate sponsor includes games hosted for a
corporation, partnership, firm, association, or other business entity
consisting of 2 or more persons. Such event is subject to the
following restrictions:
(A) The event shall not be open to the public and attendance
must be restricted to employees, clients, and guests of the
corporate sponsor.
(B) No chips, scrip, or play money shall be sold at the
event.
(C) At the conclusion of the event or when the participants
leave, they may exchange their chips, scrip, or play money for
noncash prizes only. Chips, scrip, or play money may not be
exchanged for currency.
(D) Licensees conducting a Las Vegas Nights event for a
corporate sponsor must comply with all restrictions and conditions
to which other Las Vegas Nights events licensees are subject,
except that a person who solely provides premises for a licensee
who is conducting a Las Vegas Nights event for a corporate sponsor
is not required to obtain a license as provided in subsection (d)
of Section 10-15 of this Act and except that such licensees need
not comply with the requirements of paragraph (4), subsection (b)
of Section 25-5 of this Act. The Department shall promulgate rules
as may be necessary to administer and enforce this paragraph.
(36) An organization licensed under this Act may obtain persons to
provide security at events for equipment and money, chips or scrip used
in the conducting of Las Vegas Nights games; however, such persons must
be private security contractors licensed under the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 1993, as amended,
or certified Illinois state, county or municipal law enforcement
officers.
ARTICLE 35. TAXATION; RETURNS
Section 35-5. Pull tabs, jar ticket games, and tipboards returns
and reports.
(a) There shall be paid to the Department of Revenue 5% of the
ideal net proceeds of any pull tabs, jar ticket games, and tipboard
deal sold by licensed suppliers to licensed organizations under this
Act. Such payments shall be made monthly and are due by the 30th day
of each month. A supplier filing a return under this Section shall, at
the time of filing the return, pay to the Department the amount of tax
imposed by this Section less a discount of 1.75%, which is allowed to
reimburse the supplier for the expenses incurred in keeping records,
preparing and filing returns, and remitting the tax. Accompanying each
tax return shall be a report listing the name of the licensee to whom
tickets are sold, the serial numbers of the pull tabs sold to the
licensee, the date of the sale to the licensee, the name of the
manufacturer of the pull tabs, and such other information as the
Department of Revenue may by rule require. Information required by the
report shall be filed by submitting appropriate computer-generated
magnetic media, unless, as provided by rule, the Department grants an
exception upon petition of the taxpayer. The Department shall
61 [February 23, 2000]
promulgate rules regarding the format of the computer-generated
magnetic media. Returns and all required report information shall be
filed under penalty of perjury. Failure to submit either the payment
or the report within the specified time may result in suspension or
revocation of the license.
(b) All payments made to the Department of Revenue under this
Section shall be deposited as follows:
(1) 50% shall be deposited in the Common School Fund; and
(2) 50% shall be deposited in the Illinois Gaming Law
Enforcement Fund.
Of the moneys deposited in the Illinois Gaming Law Enforcement Fund
under this Section, the General Assembly shall appropriate two-thirds
to the Department of Revenue, the Department of State Police, and the
Office of the Attorney General for State law enforcement purposes, and
one-third shall be appropriated to the Department of Revenue for the
purpose of distribution in the form of grants to counties or
municipalities for law enforcement purposes. The amounts of grants to
counties or municipalities shall bear the same ratio as the number of
licenses issued in counties or municipalities bears to the total number
of licenses issued in the State. In computing the number of licenses
issued in a county, licenses issued for locations within a
municipality's boundaries shall be excluded.
(c) Licensed organizations are required to submit a quarterly
informational report with the Department. The informational report
shall contain the bar code appearing on each deal or flare of pull
tabs, jar ticket games, and tipboards that were sold during the
immediately preceding calendar quarter and such other information as
the Department may by rule require. Such reports shall be submitted to
the Department under penalty of perjury. Such reports shall be
submitted to the Department 4 times per year, by the 30th day of April,
July, October, and January. Failure to submit a complete informational
report within the specified time may result in suspension or revocation
of the license. The Department shall issue a warning to a licensed
organization the first time the licensed organization fails to submit
the bar code appearing on each deal or flare of pull tabs, jar ticket
games, and tipboards that were sold during the immediately preceding
calendar quarter. For each subsequent failure to submit the bar code,
the licensed organization shall be subject to a civil penalty equal to
the amount of the ideal net proceeds of the deal for which the bar code
was not submitted on the report.
(d) Licensed manufacturers of pull tabs are required to submit a
monthly informational report with the Department. The informational
report shall contain the serial numbers of all pull tabs, jar ticket
games, and tipboards sold during the preceding calendar month to
licensed suppliers and such other information as the Department may by
rule require. Such reports are due by the 20th day of the month
following the month for which the report is filed. They shall be
submitted to the Department under penalty of perjury. Information
required by the report shall be filed by submitting appropriate
computer-generated magnetic media, unless, as provided by rule, the
Department grants an exception upon petition of the taxpayer. The
Department shall promulgate rules regarding the format of the
computer-generated magnetic media.
Section 35-10. Bingo tax.
(a) There shall be paid to the Department of Revenue 5% of the
adjusted gross proceeds of each bingo session, including adjusted gross
proceeds from each game of bingo and each event game conducted under
the provisions of this Act. Such payments shall be made 4 times per
year, between the first and the 30th day of April, July, October, and
January. Accompanying each payment shall be a report, on forms provided
by the Department of Revenue, listing the number of games conducted,
the gross income derived, the value of prizes awarded, and such other
information as the Department of Revenue may require. Failure to
submit either the payment or the report within the specified time may
result in suspension or revocation of the license.
(b) Of the sums collected under this Section, 50% shall be
[February 23, 2000] 62
deposited into the Mental Health Fund and 50% of all of the sums
collected under this Section shall be deposited into the Common School
Fund.
Section 35-15. Las Vegas Nights events tax.
(a) There shall be paid to the Department of Revenue 5% of the
adjusted gross proceeds of Las Vegas Nights games conducted under the
provisions of this Act. Such payments shall be made within 30 days
after the completion of the games. Accompanying each payment shall be
a report, on forms provided by the Department, listing the games
conducted, the gross income derived, and such other information as the
Department may require. Failure to submit either the payment or the
report within the specified time may result in suspension or revocation
of the license and may be used in future considerations for renewal of
the license.
(b) All sums collected under this Section shall be deposited into
the Illinois Gaming Law Enforcement Fund.
ARTICLE 40. RECORDKEEPING REQUIREMENTS
Section 40-5. Recordkeeping requirements.
(a) Each licensed organization must keep a complete record of
charitable games conducted within the previous 3 years. Such records
shall be open to inspection by any agent or employee of the Department
of Revenue during reasonable business hours. Any agent or employee of
the Department may visit the premises and inspect such records during,
and for a reasonable time before and after, charitable games. Gross
proceeds of charitable games shall be segregated from other revenues of
the licensee and shall be placed in a separate account.
(b) The Department may establish rules requiring that any person,
organization, or corporation licensed under this Act obtain from a
certified public accountant at its own expense a certified and
unqualified financial statement and verification of records of such
organization. Failure of a charitable games licensee to comply with
this requirement within 90 days of receiving notice from the Department
may result in suspension or revocation of the licensee's license and
forfeiture of all proceeds.
(c) To ensure that the organization to whom equipment is sold,
leased, lent, or distributed or to whom premises are provided is
licensed for charitable gaming, suppliers and providers licensed under
this Act shall obtain from the licensed organization and retain among
their books and records, a copy of the organization's license showing
the license number, expiration date, and event date for which the
equipment was sold, leased, lent, or distributed or for which premises
were provided.
ARTICLE 45. SUSPENSION; REVOCATION
Section 45-5. Suspension; revocation. The Department of Revenue
may revoke or suspend any license when it finds that the licensee or
any person connected therewith has violated or is violating the
provisions of this Act or any rule promulgated under this Act. The
decision to revoke or suspend, and the duration of any suspension,
shall be made by taking into account factors that include, but are not
limited to, the licensee's previous history of compliance with the Act
and rules, the number, seriousness, and duration of the violations, and
the licensee's cooperation in discontinuing and correcting the
violations. A revocation or suspension shall be in addition to, and not
in lieu of, any other civil penalties or assessments that are
authorized by this Act. The Department shall promulgate rules for
determining the manner in which sanctions shall be imposed.
ARTICLE 50. CIVIL AND CRIMINAL PENALTIES
Section 50-5. Civil penalties.
(a) Any organization that conducts charitable games without first
obtaining a license to do so or which continues to conduct such games
after revocation of its license or any organization licensed to conduct
games that allows any form of illegal gambling to be conducted on the
premises where such games are being conducted shall, in addition to
other penalties provided, be subject to a civil penalty equal to the
amount of adjusted gross proceeds derived on that day from such games
and any other illegal game that may have been conducted as well as
63 [February 23, 2000]
seizure and forfeiture to the Department of all money or other thing of
value integrally related to the playing of such games, including, but
not limited to, seizure and forfeiture of all gaming equipment used in
the conduct of unlicensed games. Any forfeited property that is
incapable of lawful use shall be destroyed.
(b) All property used in playing unauthorized Las Vegas Nights
games or used in playing authorized Las Vegas Nights games, bingo,
event game, pull tabs or jar ticket game, or tipboard when not
conducted or managed by a qualified person, together with any money or
other thing of value integrally related to the playing of such
unauthorized games or authorized games not managed or conducted by a
qualified person shall be seized by the Department and forfeited to it.
Any forfeited property that is incapable of lawful use shall be
destroyed.
(c) Any person or organization that provides premises for the
conduct of games without first obtaining a license to do so or having a
provider's license that allows unlicensed organizations to conduct
games on his or her premises or allows any form of illegal gambling to
be conducted on the premises where games are being played shall, in
addition to other penalties provided, be subject to a civil penalty of
$5,000.
(d) Any person who violates any provision of this Act or knowingly
violates any rule of the Department for the administration of this Act
shall, in addition to other penalties provided, be subject to a civil
penalty in the amount of $250 for each separate violation. Persons
subject to this provision include, but are not limited to, sponsoring
organizations, volunteers, any licensee under this Act, and any other
person or organization.
(e) Any agent or employee of the Department may terminate any Las
Vegas Nights event, bingo game, event game, pull tabs or jar ticket
game, or tipboard that is not conducted in accordance with this Act and
rules promulgated thereunder, or at which games not authorized under
this Act are being conducted or, where authorized, are not being
managed or conducted by qualified persons.
(f) Pull tab tickets, jar game tickets, and tipboard tickets that
are not imprinted in accordance with this Act and all flares not
imprinted or affixed in accordance with this Act shall be seized by the
Department and forfeited to it.
(g) All civil penalties, all moneys forfeited, and all moneys
obtained from the sale of forfeited items listed in this Section shall
be paid into the Gaming Enforcement Fund.
(h) All civil penalties imposed under this Act shall become final
unless the person against whom a civil penalty has been assessed makes
a written request for a hearing within 60 days after the date the
Department mailed the notice of its action.
Section 50-10. Criminal penalties.
(a) Any person who knowingly conducts or participates in an
unlicensed charitable game commits the offense of gambling in violation
of Section 28-1 of the Criminal Code of 1961.
(b) Any person who knowingly sells, leases, or distributes for
compensation within this State or knowingly possesses any chips,
representations of money, wheels, or any devices or equipment designed
for use or used in the play of Las Vegas Nights games without first
having obtained a license to do so from the Department, is guilty of a
Class A misdemeanor.
(c) Any person who signs or who submits to the Department an
application for any license under this Act that such person knows
contains a false statement is guilty of a Class A misdemeanor.
(d) Any employee, member, or volunteer of an organization licensed
under this Act to conduct charitable games who knowingly allows any
person who is not a qualified person to participate in managing or
conducting a charitable game is guilty of a Class A misdemeanor.
(e) Any person who knowingly participates in the management or
conduct of a charitable game who is not a qualified person is guilty of
a Class A misdemeanor for the first offense and a Class 4 felony for
the second or any subsequent offense.
[February 23, 2000] 64
(f) Any person, other than a manufacturer who holds a license from
the Department to manufacture pull tabs, jar ticket games, or
tipboards, who knowingly possesses any pull tab ticket, jar game
ticket, or tipboard ticket that is not imprinted as required by this
Act or any person who knowingly possesses any flare that is not
imprinted or affixed as required by this Act is guilty of a Class A
misdemeanor.
(g) Any licensed manufacturer of pull tab tickets, jar game
tickets, or tipboard tickets who knowingly sells such pull tab tickets,
jar game tickets, or tipboard tickets to any person located in Illinois
other than a supplier licensed by the Department or any licensed
supplier of pull tab tickets, jar game tickets, or tipboard tickets who
knowingly sells pull tab tickets, jar game tickets, or tipboard tickets
to any person located in Illinois who is not licensed by the Department
to conduct pull tabs, jar ticket games, or tipboards or any
organization licensed to conduct pull tabs, jar tickets games, or
tipboards or any officer, agent, or employee of such organization who
knowingly purchases pull tab tickets, jar game tickets, or tipboards
from any person located in Illinois who is not a supplier licensed by
the Department shall be guilty of a Class A misdemeanor for the first
offense and a Class 4 felony for the second or any subsequent offense.
(h) Any employee, member, or volunteer of an organization licensed
to conduct Las Vegas Night events who knowingly allows the playing of
any games at a Las Vegas Night event other than those authorized in
this Act shall be guilty of a Class A misdemeanor.
(i) Any person who knowingly fails to file any return or report
required to be filed under this Act or any officer, agent, or employee
of any corporation, partnership, association, labor organization, or
limited liability company who, as such officer, agent, or employee is
under a duty from such entity to file any return or report required to
be filed by this Act and who knowingly fails to file such return or
report on or before the date upon which such return or report is
required to be filed is guilty of a Class A misdemeanor if the return
or report is an informational return or report or if the amount of tax
due is less than $300.
(j) Any person who knowingly fails to file any return or report
required to be filed under this Act or any officer, agent, or employee
of any corporation, partnership, association, labor organization, or
limited liability company who, as such officer, agent, or employee is
under a duty from such entity to file any return or report required to
be filed by this Act and who knowingly fails to file such return or
report on or before that date upon which such return or report is
required to be filed is guilty of a Class 4 felony if the amount of tax
due is $300 or more.
(k) Any person who files any return, report, or statement with the
Department that he or she knows is false as to any material fact is
guilty of a Class 3 felony.
(l) Any person who knowingly attempts in any manner to evade or
defeat any tax imposed by this Act or the payment thereof is guilty of
a Class 2 felony.
(m) A prosecution for any act in violation of this Section may be
commenced at any time within 3 years of the commission of that act. In
a prosecution for tax evasion under this Act, the prosecution may be
commenced at any time within 3 years of the last act of evasion.
(n) A prosecution for failing to file any return or report
required to be filed under this Act shall be tried in any county where
the return or report could have been filed with the Department. A
prosecution for making a false application to the Department or for
filing a false return, report, or statement with the Department shall
be tried in the county where the Department office that received the
false application, return, report or statement is located or the county
in which the person signing the application, return, report, or
statement resides. A prosecution for tax evasion under this Act may be
tried in any county in which any act in furtherance of evasion is
committed. A prosecution for any other violation of this Section shall
be tried in the county in which the act occurred.
65 [February 23, 2000]
ARTICLE 55. HEARINGS
Section 55-5. Revocation; suspension; denial hearings.
(a) The Department may, after notice and a hearing as provided
herein, revoke or suspend the license of any person licensed under this
Act who violates any of the provisions of this Act, whose application
is found to have contained any false statement, or who has become
ineligible for any reason while the license is in effect. The
Department shall deny the application, including a renewal application,
of any person or organization that does not satisfy all eligibility
requirements for the license for which application is made or is
otherwise ineligible for a license. Notices of denial, suspension, or
revocation shall be sent by certified mail, return receipt requested,
to the applicant or licensee at the mailing address stated on the
applicant's or licensee's most recent license application. All such
notices shall include a statement of the reasons for the Department's
action. The effective date of a revocation or suspension shall be not
less than 25 days after the date the Department mails notice to the
licensee.
(b) An applicant or licensee may request a hearing to contest a
denial, suspension, or revocation. The request shall be in writing and
must be received by the Department within 20 days after the date the
Department mailed the notice of its action to the applicant or
licensee. If no hearing is requested within 20 days, the Department's
revocation, suspension, or denial becomes final and the licensee is
barred from operating.
(c) Unless the license of the licensee has expired or will expire
during the pendency of the hearing, the licensee may continue to
operate as long as the licensee continues to file required renewal
applications and make payments. However, if the Department determines
that a summary suspension or revocation is warranted, as provided in
Section 1065 of the Illinois Administrative Procedure Act, the licensee
shall cease all activities. Hearings on summary suspensions and
revocations shall be initiated within 90 days of the revocation date.
Section 55-10. Civil penalties; confiscation hearings.
(a) In accordance with subsection (d) of Section 50-5 of this Act,
the Department is authorized to impose a civil penalty in the amount of
$250 for each violation when a licensee violates the Act or knowingly
violates any rule of the Department for the administration of the Act.
(b) When charitable games equipment or property integrally related
to the operation of charitable games is seized and forfeited to the
State under subsection (a), (b), or (f) of Section 50-5 of this Act or
a civil penalty is imposed under subsection (c) of Section 50-5 of this
Act, the owner or owners of the equipment at the time of seizure or at
the time a civil penalty is assessed may, within 60 days of the date of
seizure or imposition of the penalty, request, in writing, a hearing.
The Department's action shall become final unless such a written
request for a hearing has been made. The sole issue at such hearing
shall be whether charitable games were conducted without a license or
under a suspended or revoked license, whether pull tabs, jar ticket
games, and tipboards tickets have not been imprinted in accordance with
this Act or flares have not been properly stamped, whether illegal
gambling was conducted at an otherwise properly licensed charitable
games event, or whether charitable games were managed or operated by
someone other than a qualified person.
Section 55-15. Conduct of hearings. All hearings held under this
Act shall be held in accordance with rules established by the
Department. Notice of assessment of a civil penalty shall be sent by
certified mail, return receipt requested, to the mailing address stated
on the licensee's most recent license application or the person's last
known address as indicated by the Department's books and records. All
such notices shall include a statement of the reasons for the
Department's action.
ARTICLE 60. LAW ENFORCEMENT AGENCY ACTION
Section 60-5. Law enforcement agency action. Any law enforcement
agency that takes action relating to the operation of a charitable game
shall notify the Department and specify the extent of the action taken
[February 23, 2000] 66
and the reasons for the action.
ARTICLE 65. SEVERABILITY
Section 65-5. Severability. If any clause, sentence, Section,
provision or part of this Act, or the application thereof to any person
or circumstance, shall be adjudged to be unconstitutional, the
remainder of this Act or its application to persons or circumstances
other than those to which it is held invalid shall not be affected
thereby.
ARTICLE 70. INCORPORATION BY REFERENCE
Section 70-5. Incorporation by reference. The provisions of
Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9,
10, 11 and 12 of the Retailers' Occupation Tax Act that are not
inconsistent with this Act and all of the provisions of the Uniform
Penalty and Interest Act shall apply, as far as practicable, to the
subject matter of this Act to the same extent as if such provisions
were included in this Act. Tax returns and reports filed pursuant to
this Act shall not be confidential and shall be available for public
inspection. For the purposes of this Act, references in such
incorporated Sections of the Retailers' Occupation Tax Act to
retailers, sellers, or persons engaged in the business of selling
tangible personal property means persons engaged in conducting any of
the games enumerated in this Act and references in such incorporated
Sections of the Retailers' Occupation Tax Act to sales of tangible
personal property mean the conducting of such games and the making of
charges for playing such games.
ARTICLE 72. RULES
Section 72-5. Rules. The Department shall promulgate reasonable
rules as may be necessary to administer and enforce this Act.
ARTICLE 75. ILLINOIS ADMINISTRATIVE PROCEDURE ACT
Section 75-5. Illinois Administrative Procedure Act; applications.
The Illinois Administrative Procedure Act shall apply to all
administrative rules and procedures of the Department of Revenue under
this Act, except that (1) subsection (b) of Section 5-10 of the
Illinois Administrative Procedure Act does not apply to final orders,
decisions, and opinions of the Department, (2) item (ii) of subsection
(a) of Section 5-10 of the Illinois Administrative Procedure Act does
not apply to forms established by the Department for use under this
Act, (3) the provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded and not
applicable to the Department under this Act, and (4) the provisions of
subsection (c) of Section 10-65 of the Illinois Administrative
Procedure Act do not apply to prevent summary suspension of any license
pending revocation or other action, which suspension shall remain in
effect unless modified by the Department or unless the Department's
decision is reversed on the merits in proceedings conducted pursuant to
the Administrative Review Law.
ARTICLE 80. AMENDATORY PROVISIONS
Section 80-5. The Raffles Act is amended by changing Section 1 as
follows:
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions.) For the purposes of this Act the terms
defined in this Section have the meanings given them.
"Net Proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local license fees
and other reasonable operating expenses incurred as a result of
operating a raffle.
"Raffle" means a form of lottery, as defined in Section 28-2 (b) of
the "Criminal Code of 1961", conducted by an organization licensed
under this Act, in which:
(1) the player pays or agrees to pay something of value for a
chance, represented and differentiated by a number or by a combination
of numbers printed on a single tear-apart ticket or by some other
medium, one or more of which chances is to be designated the winning
chance; and
(2) the winning chance is to be determined through a drawing
whereby one portion of the single tear-apart ticket is deposited into a
67 [February 23, 2000]
receptacle from which the winning tickets are drawn and the other
portion is held by the purchaser to match against those drawn or by
some other method based on an element of chance by an act or set of
acts on the part of persons conducting or connected with the lottery,
except that the winning chance shall not be determined by the outcome
of a publicly exhibited sporting contest.
(Source: P.A. 81-1365.)
Section 80-7. The Illinois Pull Tabs and Jar Games Act is amended
by adding Section 1.05 as follows:
(230 ILCS 20/1.05 new)
Sec. 1.05. On and after January 1, 2001, the tax imposed under
this Act and the licensing requirements imposed under this Act shall no
longer be imposed; however, all other provisions, including but not
limited to collection, remittance, and enforcement provisions shall
continue in full force and effect for any liabilities and penalties
incurred before January 1, 2001.
Section 80-8. The Bingo License and Tax Act is amended by adding
Section .05 as follows:
(230 ILCS 25/.05 new)
Sec. .05. On and after January 1, 2001, the tax imposed under this
Act and the licensing requirements imposed under this Act shall no
longer be imposed; however, all other provisions, including but not
limited to collection, remittance, and enforcement provisions shall
continue in full force and effect for any liabilities and penalties
incurred before January 1, 2001.
Section 80-9. The Charitable Games Act is amended by adding
Section .05 as follows:
(230 ILCS 30/.05 new)
Sec. .05. On and after January 1, 2001, the tax imposed under this
Act and the licensing requirements imposed under this Act shall no
longer be imposed; however, all other provisions, including but not
limited to collection, remittance, and enforcement provisions shall
continue in full force and effect for any liabilities and penalties
incurred before January 1, 2001.
Section 80-10. The Criminal Code of 1961 is amended by changing
Section 28-1 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he:
(1) Plays a game of chance or skill for money or other thing
of value, unless excepted in subsection (b) of this Section; or
(2) Makes a wager upon the result of any game, contest, or
any political nomination, appointment or election; or
(3) Operates, keeps, owns, uses, purchases, exhibits, rents,
sells, bargains for the sale or lease of, manufactures or
distributes any gambling device; or
(4) Contracts to have or give himself or another the option
to buy or sell, or contracts to buy or sell, at a future time, any
grain or other commodity whatsoever, or any stock or security of
any company, where it is at the time of making such contract
intended by both parties thereto that the contract to buy or sell,
or the option, whenever exercised, or the contract resulting
therefrom, shall be settled, not by the receipt or delivery of such
property, but by the payment only of differences in prices thereof;
however, the issuance, purchase, sale, exercise, endorsement or
guarantee, by or through a person registered with the Secretary of
State pursuant to Section 8 of the Illinois Securities Law of 1953,
or by or through a person exempt from such registration under said
Section 8, of a put, call, or other option to buy or sell
securities which have been registered with the Secretary of State
or which are exempt from such registration under Section 3 of the
Illinois Securities Law of 1953 is not gambling within the meaning
of this paragraph (4); or
(5) Knowingly owns or possesses any book, instrument or
apparatus by means of which bets or wagers have been, or are,
recorded or registered, or knowingly possesses any money which he
[February 23, 2000] 68
has received in the course of a bet or wager; or
(6) Sells pools upon the result of any game or contest of
skill or chance, political nomination, appointment or election; or
(7) Sets up or promotes any lottery or sells, offers to sell
or transfers any ticket or share for any lottery; or
(8) Sets up or promotes any policy game or sells, offers to
sell or knowingly possesses or transfers any policy ticket, slip,
record, document or other similar device; or
(9) Knowingly drafts, prints or publishes any lottery ticket
or share, or any policy ticket, slip, record, document or similar
device, except for such activity related to lotteries, bingo games
and raffles authorized by and conducted in accordance with the laws
of Illinois or any other state or foreign government; or
(10) Knowingly advertises any lottery or policy game, except
for such activity related to lotteries, bingo games and raffles
authorized by and conducted in accordance with the laws of Illinois
or any other state; or
(11) Knowingly transmits information as to wagers, betting
odds, or changes in betting odds by telephone, telegraph, radio,
semaphore or similar means; or knowingly installs or maintains
equipment for the transmission or receipt of such information;
except that nothing in this subdivision (11) prohibits transmission
or receipt of such information for use in news reporting of
sporting events or contests; or
(12) Knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of chance or
skill for money or other thing of value by means of the Internet or
to make a wager upon the result of any game, contest, political
nomination, appointment, or election by means of the Internet.
(b) Participants in any of the following activities shall not be
convicted of gambling therefor:
(1) Agreements to compensate for loss caused by the happening
of chance including without limitation contracts of indemnity or
guaranty and life or health or accident insurance;
(2) Offers of prizes, award or compensation to the actual
contestants in any bona fide contest for the determination of
skill, speed, strength or endurance or to the owners of animals or
vehicles entered in such contest;
(3) Pari-mutuel betting as authorized by the law of this
State;
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly thereof,
for transportation in interstate or foreign commerce to any place
outside this State when such transportation is not prohibited by
any applicable Federal law;
(5) (Blank) The game commonly known as "bingo", when
conducted in accordance with the Bingo License and Tax Act;
(6) Lotteries when conducted by the State of Illinois in
accordance with the Illinois Lottery Law;
(7) Possession of an antique slot machine that is neither
used nor intended to be used in the operation or promotion of any
unlawful gambling activity or enterprise. For the purpose of this
subparagraph (b)(7), an antique slot machine is one manufactured 25
years ago or earlier;
(8) Raffles when conducted in accordance with the Raffles
Act;
(9) Pull tabs, jar ticket games, tipboards, bingo, event
games, or Las Vegas Nights events Charitable games when conducted
in accordance with the Omnibus Charitable Gaming Games Act;
(10) (Blank) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act; or
(11) Gambling games conducted on riverboats when authorized
by the Riverboat Gambling Act.
(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section is a
Class A misdemeanor. Gambling under any of subsections (a)(3) through
69 [February 23, 2000]
(a)(11) of this Section is a Class A misdemeanor. A second or
subsequent conviction under any of subsections (a)(3) through (a)(11),
is a Class 4 felony. Gambling under subsection (a)(12) of this Section
is a Class A misdemeanor. A second or subsequent conviction under
subsection (a)(12) is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under subsection (a)(1) through (a)(12) of this
Section circumstantial evidence shall have the same validity and weight
as in any criminal prosecution.
(Source: P.A. 91-257, eff. 1-1-00.)
ARTICLE 99. EFFECTIVE DATE
Section 99-5. Effective date. This Act takes effect January 1,
2001.".
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.
SENATE BILLS ON SECOND READING
SENATE BILL 452. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Executive,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 452
AMENDMENT NO. 1. Amend Senate Bill 452 by replacing the title with
the following:
"AN ACT to amend the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993."; and
on page 1, line 8, by replacing "Section 80" with "Sections 5, 30, 77,
80, 150, and 155"; and
on page 1, immediately below line 8, by inserting the following:
"(225 ILCS 446/5)
Sec. 5. Definitions. In this Act:
"Armed employee" means a licensee or a person who is currently
employed by an agency certified under this Act who is armed while
engaged in the performance of official duties within the course and
scope of his or her employment or exclusively employed by an employer
during the hours or times he or she is scheduled to work for that
employer, or is commuting between his or her home and place of
employment, provided the commuting is accomplished within one hour from
departure from home or place of employment, and there exists an
employer/employee relationship, whose full or part-time duties include
the wearing, carrying or possessing of a firearm in the performance of
those duties.
"Board" means the Illinois Private Detective, Private Alarm,
Private Security, and Locksmith Board.
"Department" means the Illinois Department of Professional
Regulation.
"Director" means the Director of the Department of Professional
Regulation.
"Person" means a natural person.
"Private alarm contractor" means any person who engages in a
business that sells, installs, monitors, maintains, alters, repairs,
replaces, services, or responds to alarm systems, including fire alarm
systems, at protected premises or at premises to be protected on an
emergency basis and not as a full-time security guard; but does not
include a person, firm, or corporation that manufactures or sells alarm
systems only from its place of business and does not sell, install,
[February 23, 2000] 70
monitor, maintain, alter, repair, replace, service, or respond to alarm
systems at protected premises or premises to be protected or a licensed
electrical contractor who repairs or services fire alarm systems on an
"emergency call-in basis", or who sells, installs, maintains, alters,
and repairs, or services fire alarm systems.
"Private alarm contractor agency" means any person, firm,
association, or corporation that engages in the private alarm
contractor business and employs one or more persons in conducting the
business.
"Private detective" means any person who by any means, including
but not limited to manual or electronic methods, engages in the
business of, accepts employment to furnish, or agrees to make or makes
investigations for fees or other valuable consideration to obtain
information with reference to:
(1) Crime or wrongs done or threatened against the United
States or any state or territory of the United States.
(2) The identity, habits, conduct, business occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movements, whereabouts,
affiliations, associations, transactions, acts, reputation, or
character of any person, firm, association, or corporation, by any
means, manually or electronically.
(3) The location, disposition, or recovery of lost or stolen
property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to real or personal property.
(5) The truth or falsity of any statement or representation.
(6) Securing evidence to be used before any court, board,
officer, or investigating committee.
(7) Personal protection of individuals from bodily harm or
death (bodyguard functions).
(8) Service of process in criminal and civil proceedings
without court order.
"Private detective agency" means any person, firm, association, or
corporation that engages in the private detective business and employs
one or more persons in conducting the business.
"Private security contractor" means any person who engages in the
business of providing a private guard, watchman, patrol service, or any
like service by any other title or name on a contractual basis for
another person, firm, association, or corporation for a fee or other
valuable consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion, entry, theft,
vandalism, abuse, fire, or trespass on private or governmental
property.
(2) The prevention, observation, or detection of any
unauthorized activity on private or governmental property.
(3) The protection of patrons and persons lawfully authorized
to be on the premises of the person, firm, association, or
corporation for whom he or she contractually is obligated to
provide security services.
(4) The prevention of the misappropriation or concealment of
goods, money, bonds, stocks, notes, valuable documents, or papers.
(5) The control, regulation, or direction of the flow or
movement of the public, whether by vehicle or otherwise, only to
the extent and for the time directly and specifically required to
assure the protection of property on property owned or controlled
by the client.
(6) The protection of individuals from bodily harm or death
(bodyguard functions).
"Private security contractor agency" means any person, firm,
association, or corporation that engages in the private security
contractor business and that employs one or more persons in conducting
the business.
"Locksmith" means a person who has received a license under this
Act and who engages in the practice of locksmithing as defined in this
71 [February 23, 2000]
Act.
"Locksmith agency" means any person, firm, association, or
corporation that engages in the locksmith business and that employs one
or more persons in conducting the business.
"The practice of locksmithing" includes, but is not limited to, the
servicing, installing, originating first keys, re-coding, manipulation,
or bypassing of mechanical or electronic locking devices at premises,
vehicles, safes, vaults, safe deposit boxes, or automatic teller
machines.
"Public member" means a person who is not a licensee or a relative
of a licensee, or who is not an employer or an employee of a licensee.
The term "relative" shall be determined by rules of the Department.
"In charge" means the individual licensee whose name and license
number appear on a certificate of registration for a detective, private
security contractor, private alarm contractor, or locksmith agency is a
full-time executive employee or owner who assumes full responsibility
for all employees of the agency and for their directed actions, and
assumes full responsibility for maintaining all records required by
this Act or rule of the Department and is responsible for otherwise
assuring compliance with this Act. Records shall be maintained at a
location in Illinois and the address of the location filed with the
Department and accessible to Department representatives in accordance
with Section 115 of this Act. This does not relieve any person, firm,
association, or corporation licensed as an agency under this Act from
also assuming full responsibility for compliance with this Act. It is
the responsibility of the licensee in charge to notify the Department,
in writing within 10 days, when the licensee terminates his or her in
charge relationship with an agency.
"Permanent employee registration card" means a card issued by the
Department to an individual who has applied to the Department and has
been found to be employable by an agency certified under this Act.
"Firearm authorization card" means a card issued by the Department
that authorizes the holder to carry a weapon during the performance of
his or her duties as specified under Section 180 of this Act.
"Burglar alarm system" means any system, including an electronic
access system or other electronic security system, that activates an
audible, visible, or remote signal that requires a response and is
designed for the prevention or detection of intrusion, entry, theft,
vandalism, or trespass.
"Fire alarm system" means any system that is activated by any
automatic or manual device in the detection of smoke, heat, or fire
that activates an audible, visible, or remote signal that requires
response.
"Branch office" means any business location removed from the place
of business for which an agency license has been issued.
"Armed proprietary security force" means any security force made up
of 5 or more armed individuals employed in a commercial or industrial
operation; one or more armed individuals employed in a financial
operation as security guards for the protection of persons; or one or
more armed individuals employed for the protection of private property
related to a commercial, industrial, or financial operation.
"Association" means 2 or more persons joined together for a
business purpose.
"Firm" means any unincorporated business entity or enterprise,
including but not limited to proprietorships and partnerships.
"Corporation" means any artificial person or legal entity created
by or under the authority of the laws of a state.
(Source: P.A. 88-363; 89-366, eff. 1-1-96.)
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States, this State,
or any political subdivision of either while the officer or
employee is engaged in the performance of his or her official
duties within the course and scope of his or her employment with
the United States, this State, or any political subdivision of
[February 23, 2000] 72
either. However, any person who offers his or her services as a
private detective or private security contractor, or any title when
similar services are performed for compensation, fee, or other
valuable consideration, whether received directly or indirectly, is
subject to this Act and its licensing requirements.
(2) An attorney-at-law licensed to practice in Illinois while
engaging in the practice of law.
(3) A person engaged exclusively in the business of obtaining
and furnishing information as to the financial rating or credit
worthiness of persons; and a person who provides consumer reports
in connection with:
(i) Credit transactions involving the consumer on whom
the information is to be furnished and involving the
extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of insurance
involving the consumer.
(4) Insurance adjusters legally employed or under contract as
adjusters and who engage in no other investigative activities other
than those directly connected with adjustment of claims against an
insurance company or self-insured by which they are employed or
with which they have a contract. No insurance adjuster or company
may utilize the term "investigation" or any derivative thereof in
its company name or in its advertising other than for the handling
of insurance claims.
For the purposes of this Code, "insurance adjuster" includes
any person expressly authorized to act on behalf of an insurance
company or self-insured and any employee thereof who acts or
appears to act on behalf of the insurance company or self-insured
in matters relating to claims, including but not limited to
independent contractors while performing claim services at the
direction of the company.
(5) A person engaged exclusively and employed by a person,
firm, association, or corporation in the business of transporting
persons or property in interstate commerce and making an
investigation related to the business of that employer.
(6) Any person, watchman, or guard employed exclusively and
regularly by one employer in connection with the affairs of that
employer only and there exists an employer/employee relationship.
(7) Any law enforcement officer, as defined in the Illinois
Police Training Act, who has successfully completed the
requirements of basic law enforcement and firearms training as
prescribed by the Illinois Law Enforcement Training Standards
Board, employed by an employer in connection with the affairs of
that employer, provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled to work
for that employer, and there exists an employer and employee
relationship.
In this subsection an "employee" is a person who is employed
by an employer who has the right to control and direct the employee
who performs the services in question, not only as to the result to
be accomplished by the work, but also as to the details and means
by which the result is to be accomplished; and an "employer" is any
person or entity, with the exception of a private detective,
private detective agency, private security contractor, private
security contractor agency, private alarm contractor, or private
alarm contractor agency, whose purpose it is to hire persons to
perform the business of a private detective, private detective
agency, private security contractor, private security contractor
agency, private alarm contractor, or private alarm contractor
agency.
(8) A person who sells burglar alarm systems and does not
install, monitor, maintain, alter, repair, service, or respond to
burglar alarm systems at protected premises or premises to be
protected, provided:
(i) The burglar alarm systems are approved either
73 [February 23, 2000]
by Underwriters Laboratories or another authoritative
source recognized by the Department and are identified by
a federally registered trademark.
(ii) The owner of the trademark has expressly
authorized the person to sell the trademark owner's
products, and the person provides proof of this
authorization upon the request of the Department.
(iii) The owner of the trademark maintains, and
provides upon the Department's request, a certificate
evidencing insurance for bodily injury or property damage
arising from faulty or defective products in an amount
not less than $1,000,000 combined single limit; provided
that the policy of insurance need not relate exclusively
to burglar alarm systems.
(9) A person who sells, installs, maintains, or repairs
automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely and
exclusively in tracing and compiling lineage or ancestry.
(b) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long as they do
not hold themselves out to the public as locksmiths.
(B) Police, fire, or other municipal employees from opening a
lock in a life-threatening situation, when the location of a
vehicle creates a danger to the public, or when a diligent effort
has been made to contact a licensed locksmith who can provide the
service in a timely manner as determined by the police, fire, or
other municipal employee, who shall take into consideration the
health and safety of the occupants of the vehicle an emergency
situation, as long as they do not hold themselves out to the public
as locksmiths.
(C) Any merchant or retail or hardware store from duplicating
keys, from installing, servicing, repairing, rebuilding,
reprogramming, or maintaining electronic garage door devices or
from selling locks or similar security accessories not prohibited
from sale by the State of Illinois, as long as they do not hold
themselves out to the public as locksmiths.
(D) The installation or removal of complete locks or locking
devices by members of the building trades when doing so in the
course of residential or commercial new construction or remodeling,
as long as they do not hold themselves out to the public as
locksmiths.
(E) The employees of towing services, repossessors, or auto
clubs from opening automotive locks in the normal course of their
duties, as long as they do not hold themselves out to the public as
locksmiths. Additionally, this Act shall not prohibit employees of
towing services from opening motor vehicle locks to enable a
vehicle to be moved without towing, provided that the towing
service does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the towing
service, or by any other advertisement, as a locksmith.
(F) The practice of locksmithing by students in the course of
study in programs approved by the Department, provided that the
students do not hold themselves out to the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding locks by
a lock manufacturer or anyone employed by a lock manufacturer, as
long as they do not hold themselves out to the public as
locksmiths.
(H) The provision of any of the products or services in the
practice of locksmithing as identified in Section 5 of this Act by
a business licensed by the State of Illinois as a private alarm
contractor or private alarm contractor agency, as long as the
principal purpose of the services provided to a customer is not the
practice of locksmithing and the business does not hold itself out
to the public as a locksmith agency.
(I) Any maintenance employee of a property management company
[February 23, 2000] 74
at a multi-family residential building from servicing, installing,
repairing, or opening locks for tenants as long as the maintenance
employee does not hold himself or herself out to the public as a
locksmith.
(J) A person, firm, or corporation from engaging in fire
protection engineering, including the design, testing, and
inspection of fire protection systems.
(K) The practice of professional engineering as defined in
the Professional Engineering Practice Act of 1989.
(L) The practice of structural engineering as defined in the
Structural Engineering Licensing Act of 1989.
(M) The practice of architecture as defined in the Illinois
Architecture Practice Act of 1989.
(N) The activities of persons or firms licensed under the
Illinois Public Accounting Act if performed in the course of their
professional practice.
(c) This Act does not prohibit any persons legally regulated in
this State under any other Act from engaging in the practice for which
they are licensed, provided that they do not represent themselves by
any title prohibited by this Act.
(Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98; 90-633, eff.
7-24-98.)
(225 ILCS 446/77)
Sec. 77. Necessity for licensure of locksmith agencies; grandfather
provision.
(a) On or after January 1, 1997, no person shall practice as a
locksmith and no business entity shall operate as a locksmith agency
without first applying for and obtaining a license for that purpose
from the Department.
(b) Applications must be accompanied by the required fee.
(c) In lieu of the examination given to other applicants for
licensure, the Director may issue a license to an individual who
presents proof to the Director that he or she was actively engaged as a
locksmith or as a supervisor, manager, or administrator of a locksmith
business for 3 years out of the 5 years immediately preceding January
1, 1996 and meets all other requirements of this Act.
(d) The application for a license without examination shall be
made to the Director within 2 years after the effective date of this
amendatory Act of 1995.
(e) (Blank). A person who applies for licensure under this Section
between September 1, 1998 and September 30, 1998 shall be exempt from
subsection (d) of this Section and shall be issued a license upon proof
of meeting all other requirements for licensure under this Section.
(f) Notwithstanding subsection (d), a person who meets the
requirements of subsection (c) may receive a license without
examination if he or she applies to the Director within 180 days after
the effective date of this amendatory Act of the 91st General Assembly.
(Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)"; and
on page 7, immediately below line 16, by inserting the following:
"(225 ILCS 446/150)
Sec. 150. Cease and desist orders. Whenever the Department has
reason to believe that a person, firm, association, or corporation has
violated any provision of Section 15 of this Act, the Department may
issue a rule to show cause why an order to cease and desist should not
be entered against that person, firm, association, or corporation. The
rule shall clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to cease and
desist to be issued immediately. The Department may conduct hearings
and issue cease and desist orders to persons who engage in activities
prohibited by this Act. Any person in violation of a cease and desist
order entered by the Department is subject to all of the remedies
provided by law and, in addition, is subject to a civil penalty payable
to the party injured by the violation.
(Source: P.A. 88-363.)
75 [February 23, 2000]
(225 ILCS 446/155)
Sec. 155. Penalties.
(a) In addition to any other penalty provided by law, any person,
firm, association, or corporation who violates Section 15 of this Act
or any other provision of this Act shall forfeit and pay a civil
penalty to the Department in an amount not to exceed $5,000 for each
offense as determined by the Department. The civil penalty shall be
assessed by the Department in accordance with the provisions set forth
in Sections 130, 135, 140, 160 and 170.
(b) The Department has the authority and power to investigate any
and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The order
shall constitute a judgment and may be filed and execution had thereon
in the same manner as any judgment from any court of record.
(Source: P.A. 88-363.)".
Floor Amendment No. 2 remained in the Committee on Rules.
Floor Amendments numbered 3, 4 and 5 remained in the Committee on
Registration & Regulation.
Representative Capparelli offered the following amendments and
moved their adoption:
AMENDMENT NO. 6 TO SENATE BILL 452
AMENDMENT NO. 6. Amend Senate Bill 452, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing Sections 5,
75, 80, 150, and 155 as follows:
(225 ILCS 446/5)
Sec. 5. Definitions. In this Act:
"Armed employee" means a licensee or a person who is currently
employed by an agency certified under this Act who is armed while
engaged in the performance of official duties within the course and
scope of his or her employment or exclusively employed by an employer
during the hours or times he or she is scheduled to work for that
employer, or is commuting between his or her home and place of
employment, provided the commuting is accomplished within one hour from
departure from home or place of employment, and there exists an
employer/employee relationship, whose full or part-time duties include
the wearing, carrying or possessing of a firearm in the performance of
those duties.
"Board" means the Illinois Private Detective, Private Alarm,
Private Security, and Locksmith Board.
"Department" means the Illinois Department of Professional
Regulation.
"Director" means the Director of the Department of Professional
Regulation.
"Person" means a natural person.
"Private alarm contractor" means any person who engages in a
business that sells, installs, monitors, maintains, alters, repairs,
replaces, services, or responds to alarm systems, including fire alarm
systems, at protected premises or at premises to be protected on an
emergency basis and not as a full-time security guard; but does not
include a person, firm, or corporation that manufactures or sells alarm
systems only from its place of business and does not sell, install,
monitor, maintain, alter, repair, replace, service, or respond to alarm
systems at protected premises or premises to be protected or a licensed
electrical contractor who repairs or services fire alarm systems on an
"emergency call-in basis", or who sells, installs, maintains, alters,
and repairs, or services fire alarm systems.
"Private alarm contractor agency" means any person, firm,
[February 23, 2000] 76
association, or corporation that engages in the private alarm
contractor business and employs one or more persons in conducting the
business.
"Private detective" means any person who by any means, including
but not limited to manual or electronic methods, engages in the
business of, accepts employment to furnish, or agrees to make or makes
investigations for fees or other valuable consideration to obtain
information with reference to:
(1) Crime or wrongs done or threatened against the United
States or any state or territory of the United States.
(2) The identity, habits, conduct, business occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movements, whereabouts,
affiliations, associations, transactions, acts, reputation, or
character of any person, firm, association, or corporation, by any
means, manually or electronically.
(3) The location, disposition, or recovery of lost or stolen
property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to real or personal property.
(5) The truth or falsity of any statement or representation.
(6) Securing evidence to be used before any court, board,
officer, or investigating committee.
(7) Personal protection of individuals from bodily harm or
death (bodyguard functions).
(8) Service of process in criminal and civil proceedings
without court order.
"Private detective agency" means any person, firm, association, or
corporation that engages in the private detective business and employs
one or more persons in conducting the business.
"Private security contractor" means any person who engages in the
business of providing a private guard, watchman, patrol service, or any
like service by any other title or name on a contractual basis for
another person, firm, association, or corporation for a fee or other
valuable consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion, entry, theft,
vandalism, abuse, fire, or trespass on private or governmental
property.
(2) The prevention, observation, or detection of any
unauthorized activity on private or governmental property.
(3) The protection of patrons and persons lawfully authorized
to be on the premises of the person, firm, association, or
corporation for whom he or she contractually is obligated to
provide security services.
(4) The prevention of the misappropriation or concealment of
goods, money, bonds, stocks, notes, valuable documents, or papers.
(5) The control, regulation, or direction of the flow or
movement of the public, whether by vehicle or otherwise, only to
the extent and for the time directly and specifically required to
assure the protection of property on property owned or controlled
by the client.
(6) The protection of individuals from bodily harm or death
(bodyguard functions).
"Private security contractor agency" means any person, firm,
association, or corporation that engages in the private security
contractor business and that employs one or more persons in conducting
the business.
"Locksmith" means a person who has received a license under this
Act and who engages in the practice of locksmithing as defined in this
Act.
"Locksmith agency" means any person, firm, association, or
corporation that engages in the locksmith business and that employs one
or more persons in conducting the business.
"The practice of locksmithing" includes, but is not limited to, the
servicing, installing, originating first keys, re-coding, manipulation,
77 [February 23, 2000]
or bypassing of mechanical or electronic locking devices at premises,
vehicles, safes, vaults, safe deposit boxes, or automatic teller
machines.
"Public member" means a person who is not a licensee or a relative
of a licensee, or who is not an employer or an employee of a licensee.
The term "relative" shall be determined by rules of the Department.
"In charge" means the individual licensee whose name and license
number appear on a certificate of registration for a detective, private
security contractor, private alarm contractor, or locksmith agency is a
full-time executive employee or owner who assumes full responsibility
for all employees of the agency and for their directed actions, and
assumes full responsibility for maintaining all records required by
this Act or rule of the Department and is responsible for otherwise
assuring compliance with this Act. Records shall be maintained at a
location in Illinois and the address of the location filed with the
Department and accessible to Department representatives in accordance
with Section 115 of this Act. This does not relieve any person, firm,
association, or corporation licensed as an agency under this Act from
also assuming full responsibility for compliance with this Act. It is
the responsibility of the licensee in charge to notify the Department,
in writing within 10 days, when the licensee terminates his or her in
charge relationship with an agency.
"Permanent employee registration card" means a card issued by the
Department to an individual who has applied to the Department and has
been found to be employable by an agency certified under this Act.
"Firearm authorization card" means a card issued by the Department
that authorizes the holder to carry a weapon during the performance of
his or her duties as specified under Section 180 of this Act.
"Burglar alarm system" means any system, including an electronic
access system or other electronic security system, that activates an
audible, visible, or remote signal that requires a response and is
designed for the prevention or detection of intrusion, entry, theft,
vandalism, or trespass.
"Fire alarm system" means any system that is activated by any
automatic or manual device in the detection of smoke, heat, or fire
that activates an audible, visible, or remote signal that requires
response.
"Branch office" means any business location removed from the place
of business for which an agency license has been issued.
"Armed proprietary security force" means any security force made up
of 5 or more armed individuals employed in a commercial or industrial
operation; one or more armed individuals employed in a financial
operation as security guards for the protection of persons; or one or
more armed individuals employed for the protection of private property
related to a commercial, industrial, or financial operation.
"Association" means 2 or more persons joined together for a
business purpose.
"Firm" means any unincorporated business entity or enterprise,
including but not limited to proprietorships and partnerships.
"Corporation" means any artificial person or legal entity created
by or under the authority of the laws of a state.
(Source: P.A. 88-363; 89-366, eff. 1-1-96.)
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency certification.
(a) Private Detective. A person is qualified to receive a license
as a private detective if he or she meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of any felony
or at least 10 years have expired from the time of discharge from
any sentence imposed for a felony.
(3) Is of good moral character. Good character is a
continuing requirement of licensure. Conviction of crimes not
listed in paragraph (2) of subsection (a) of this Section may be
used in determining moral character, but does not operate as an
absolute bar to licensure.
[February 23, 2000] 78
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or physical
defect or disease unless a court has since declared him or her to
be competent.
(5) Is not suffering from habitual drunkenness or from
narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the 5 years
immediately preceding his or her application working full-time for
a licensed private detective agency as a registered private
detective employee or with 3 years experience out of the 5 years
immediately preceding his or her application employed as a
full-time investigator for a licensed attorney or in a law
enforcement agency of a federal or State political subdivision,
which shall include a States Attorney's office or a Public
Defender's office, such full-time investigator experience to be
approved by the Board and the Department.; or An applicant who
has obtained a baccalaureate degree in police science or a related
field or a business degree from an accredited college or university
shall be given credit for 2 of the 3 years experience required
under this Section. An applicant who has obtained an associate
degree in police science or a related field or in business from an
accredited college or university shall be given credit for one of
the 3 years experience required under this Section.
(7) Has not been dishonorably discharged from the armed
services of the United States.
(8) Has successfully passed an examination authorized by the
Department. The examination shall include subjects reasonably
related to the activities licensed so as to provide for the
protection of the health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this Act, but
this requirement does not operate as an absolute bar to licensure.
It is the responsibility of the applicant to obtain liability
insurance in an amount and coverage type appropriate as determined by
rule for the applicant's individual business circumstances. The
applicant shall provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance shall result
in cancellation of the license by the Department.
(b) Private security contractor. A person is qualified to receive
a license as a private security contractor if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of any felony
or at least 10 years have expired from the time of discharge from
any sentence imposed for a felony.
(3) Is of good moral character. Good moral character is a
continuing requirement of licensure. Convictions of crimes not
listed in paragraph (2) of subsection (b) of this Section may be
used in determining moral character, but do not operate as an
absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or physical
defect or disease unless a court has since declared him or her to
be competent.
(5) Is not suffering from habitual drunkenness or from
narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the 5 years
immediately preceding his or her application as a full-time manager
or administrator for a licensed private security contractor agency
or a manager or administrator of a proprietary security force of 30
or more persons registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his or her
application as a full-time supervisor in a law enforcement agency
of a federal or State political subdivision, which shall include a
States Attorney's office or Public Defender's office, such
full-time supervisory experience to be approved by the Board and
79 [February 23, 2000]
the Department.; or An applicant who has obtained a baccalaureate
degree in police science or a related field or a business degree
from an accredited college or university shall be given credit for
2 of the 3 years experience required under this Section. An
applicant who has obtained an associate degree in police science or
a related field or in business from an accredited college or
university shall be given credit for one of the 3 years experience
required under this Section.
(7) Has not been dishonorably discharged from the armed
services of the United States.
(8) Has successfully passed an examination authorized by the
Department. The examination shall include subjects reasonably
related to the activities licensed so as to provide for the
protection of the health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this Act, but
this requirement does not operate as an absolute bar to licensure.
It is the responsibility of the applicant to obtain liability
insurance in amount and coverage type appropriate as determined by rule
for the applicant's individual business circumstances. The applicant
shall provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance shall result
in cancellation of the license by the Department.
(c) Private alarm contractor. A person is qualified to receive a
license as a private alarm contractor if he or she meets all of the
following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of any felony
or at least 10 years have expired from the time of discharge from
any sentence imposed for a felony.
(3) Is of good moral character. Good moral character is a
continuing requirement of licensure. Convictions of crimes not
listed in paragraph (2) of subsection (c) of this Section may be
used in determining moral character, but do not operate as an
absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or physical
defect or disease unless a court has since declared him or her to
be competent.
(5) Is not suffering from habitual drunkenness or from
narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the armed
services of the United States.
(7) Has a minimum of 3 years experience out of the 5 years
immediately preceding application as a full time manager or
administrator for an agency licensed as a private alarm contractor
agency, or for an entity that designs, sells, installs, services,
or monitors alarm systems which in the judgment of the Board
satisfies standards of alarm industry competence. An individual
who has received a 4 year degree in electrical engineering or a
related field from a program approved by the Board shall be given
credit for 2 years of experience under this item (7). An
individual who has successfully completed a national certification
program approved by the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination authorized by the
Department. The examination shall include subjects reasonably
related to the activities licensed so as to provide for the
protection of the health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this Act, but
this requirement does not operate as an absolute bar to licensure.
It is the responsibility of the applicant to obtain liability
insurance in an amount and coverage type appropriate as determined by
rule for the applicant's individual business circumstances. The
applicant shall provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a continuing
[February 23, 2000] 80
requirement for licensure. Failure to maintain insurance shall result
in cancellation of the license by the Department.
Alternatively, a person is qualified to receive a license as a
private alarm contractor without meeting the requirements of items (7),
(8), and (9) of this subsection, if he or she:
(i) applies for a license between September 1, 1998 and
September 15, 1998, in writing, on forms supplied by the
Department;
(ii) provides proof to the Department that he or she was
engaged in the alarm contracting business on or before January 1,
1984;
(iii) submits the photographs, fingerprints, proof of
insurance, and current license fee required by the Department; and
(iv) has not violated Section 25 of this Act.
(d) Locksmith. A person is qualified to receive a license as a
locksmith if he or she meets all of the following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120 of this
Act.
(3) Has not been convicted in any jurisdiction of any felony
or at least 10 years have expired from the time of discharge from
any sentence imposed for a felony.
(4) Is of good moral character. Good moral character is a
continuing requirement of licensure. Convictions of crimes not
listed in paragraph (3) of subsection (d) of this Section may be
used in determining moral character, but do not operate as an
absolute bar to licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or physical
defect or disease unless a court has since declared him or her to
be competent.
(6) Is not suffering from habitual drunkenness or from
narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the armed
services of the United States.
(8) Has passed an examination authorized by the Department in
the theory and practice of the profession.
(9) Has submitted to the Department proof of insurance
sufficient for the individual's business circumstances. The
Department, with input from the Board, shall promulgate rules
specifying minimum insurance requirements. This insurance
requirement is a continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of the license
by the Department. A locksmith employed by a licensed locksmith
agency or employed by a private concern may provide proof that his
or her actions as a locksmith are covered by the insurance of his
or her employer.
(e) Private detective agency. Upon payment of the required fee
and proof that the applicant has a full-time Illinois licensed private
detective in charge, which is a continuing requirement for agency
certification, the Department shall issue, without examination, a
certificate as a private detective agency to any of the following:
(1) An individual who submits an application in writing and
who is a licensed private detective under this Act.
(2) A firm or association that submits an application in
writing and all of the members of the firm or association are
licensed private detectives under this Act.
(3) A duly incorporated or registered corporation allowed to
do business in Illinois that is authorized by its articles of
incorporation to engage in the business of conducting a detective
agency, provided at least one officer or executive employee is
licensed as a private detective under this Act and all unlicensed
officers and directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in charge for
more than one agency except for an individual who, on the effective
81 [February 23, 2000]
date of this Act, is currently and actively a licensee for more than
one agency. Upon written request by a representative of an agency
within 10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of an unanticipated
termination of the employment of that individual, the Department shall
issue a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be valid for
more than 90 days. An extension of an additional 90 days may be
granted by the Department for good cause shown upon written request by
the representative of the agency. No more than 2 extensions may be
granted to any agency. No temporary permit shall be issued for the
loss of the detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of the required
fee and proof that the applicant has a full-time Illinois licensed
private alarm contractor in charge, which is a continuing requirement
for agency certification, the Department shall issue, without
examination, a certificate as a private alarm contractor agency to any
of the following:
(1) An individual who submits an application in writing and
who is a licensed private alarm contractor under this Act.
(2) A firm or association that submits an application in
writing that all of the members of the firm or association are
licensed private alarm contractors under this Act.
(3) A duly incorporated or registered corporation allowed to
do business in Illinois that is authorized by its articles of
incorporation to engage in the business of conducting a private
alarm contractor agency, provided at least one officer or executive
employee is licensed as a private alarm contractor under this Act
and all unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral character.
No private alarm contractor may be the private alarm contractor
in charge for more than one agency except for any individual who, on
the effective date of this Act, is currently and actively a licensee
for more than one agency. Upon written request by a representative of
an agency within 10 days after the loss of a licensed private alarm
contractor in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a temporary
permit allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90 days. An
extension of an additional 90 days may be granted by the Department for
good cause shown and upon written request by the representative of the
agency. No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee in charge
because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of the
required fee and proof that the applicant has a full-time Illinois
licensed private security contractor in charge, which is continuing
requirement for agency certification, the Department shall issue,
without examination, a certificate as a private security contractor
agency to any of the following:
(1) An individual who submits an application in writing and
who is a licensed private security contractor under this Act.
(2) A firm or association that submits an application in
writing that all of the members are licensed private security
contractors under this Act.
(3) A duly incorporated or registered corporation allowed to
do business in Illinois that is authorized by its articles of
incorporation to engage in the business of conducting a private
security contractor agency, provided at least one officer or
executive employee is licensed as a private security contractor
under this Act and all unlicensed officers and directors of the
corporation are determined by the Department to be persons of good
moral character.
No private security contractor may be the private security
[February 23, 2000] 82
contractor in charge for more than one agency except for any individual
who, on the effective date of this Act, is currently and actively a
licensee for more than one agency. Upon written request by a
representative of the agency within 10 days after the loss of a
licensee in charge of an agency because of the death of that individual
or because of the unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit allowing the
continuing operation of a previously licensed agency. No temporary
permit shall be valid for more than 90 days. An extension of an
additional 90 days may be granted upon written request by the
representative of the agency. No more than 2 extensions may be granted
to any agency. No temporary permit shall be issued for the loss of the
licensee in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the required fee
and proof that the applicant is an Illinois licensed locksmith who
shall assume full responsibility for the operation of the agency and
the directed actions of the agency's employees, which is a continuing
requirement for agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of the
following:
(1) An individual who submits an application in writing and
who is a licensed locksmith under this Act.
(2) A firm or association that submits an application in
writing and certifies that all of the members of the firm or
association are licensed locksmiths under this Act.
(3) A duly incorporated or registered corporation or limited
liability company allowed to do business in Illinois that is
authorized by its articles of incorporation or organization to
engage in the business of conducting a locksmith agency, provided
that at least one officer or executive employee of a corporation or
one member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees in
writing on a form acceptable to the Department to assume full
responsibility for the operation of the agency and the directed
actions of the agency's employees, and further provided that all
unlicensed officers and directors of the corporation or members of
the limited liability company are determined by the Department to
be persons of good moral character.
An individual licensed locksmith operating under a business name
other than the licensed locksmith's own name shall not be required to
obtain a locksmith agency license if that licensed locksmith does not
employ any persons to engage in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall submit to
the Department proof of insurance sufficient for the agency's business
circumstances. The Department shall promulgate rules specifying
minimum insurance requirements. This insurance requirement is a
continuing requirement for licensure.
No licensed locksmith may be the licensed locksmith responsible for
the operation of more than one agency except for any individual who
submits proof to the Department that, on the effective date of this
amendatory Act of 1995, he or she is actively responsible for the
operations of more than one agency. A licensed private alarm
contractor who is responsible for the operation of a licensed private
alarm contractor agency and who is a licensed locksmith may also be the
licensed locksmith responsible for the operation of a locksmith agency.
Upon written request by a representative of an agency within 10
days after the loss of a responsible licensed locksmith of an agency,
because of the death of that individual or because of the unanticipated
termination of the employment of that individual, the Department shall
issue a temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit shall be
valid for more than 90 days. An extension for an additional 90 days
may be granted by the Department for good cause shown and upon written
request by a representative of the agency. No more than 2 extensions
may be granted to any agency. No temporary permit shall be issued to
any agency due to the loss of the responsible locksmith because of
83 [February 23, 2000]
disciplinary action by the Department.
(i) Proprietary Security Force. All commercial or industrial
operations that employ 5 or more persons as armed security guards and
all financial institutions that employ armed security guards shall
register their security forces with the Department on forms provided by
the Department.
All armed security guard employees of the registered proprietary
security force shall be required to complete a 20-hour basic training
course and 20-hour firearm training course in accordance with
administrative rules.
Each proprietary security force shall be required to apply to the
Department, on forms supplied by the Department, for the issuance of a
firearm authorization card, in accordance with administrative rules,
for each armed employee of the security force.
The Department shall prescribe rules for the administration of this
Section.
(j) Any licensed agency that operates a branch office as defined
in this Act shall apply for a branch office license.
(Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98; 90-602, eff.
6-26-98; 91-357, eff. 7-29-99.)
(225 ILCS 446/80)
Sec. 80. Employee requirements. All employees of a licensed
agency, other than those exempted, shall apply for a Permanent Employee
Registration Card. The holder of an agency certificate issued under
this Act, known in this Act as "employer", may employ in the conduct of
his or her business employees under the following provisions:
(a) No person shall be issued a permanent employee registration
card who:
(1) Is under 18 years of age.
(2) Is under 21 years of age if the services will include
being armed.
(3) Has been determined by the Department to be unfit by
reason of conviction of an offense in this or another state, other
than a minor traffic offense. The Department shall promulgate
rules for procedures by which those circumstances shall be
determined and that afford the applicant due process of law.
(4) Has had a license or permanent employee registration card
refused, denied, suspended, or revoked under this Act.
(5) Has been declared incompetent by any court of competent
jurisdiction by reason of mental disease or defect and has not been
restored.
(6) Has been dishonorably discharged from the armed services
of the United States.
(b) No person may be employed by a private detective agency,
private security contractor agency, or private alarm contractor agency,
or locksmith agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the Department, a
verified statement to be known as "Employee's Statement" setting forth:
(1) The person's full name, age, and residence address.
(2) The business or occupation engaged in for the 5 years
immediately before the date of the execution of the statement, the
place where the business or occupation was engaged in, and the
names of employers, if any.
(3) That the person has not had a license or employee
registration refused, revoked, or suspended under this Act.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetency by a court of competent
jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed services of the
United States.
(7) Any other information as may be required by any rule of
the Department to show the good character, competency, and
integrity of the person executing the statement.
(c) Each applicant for a permanent employee registration card
shall submit to the Department with the applicable fees, on fingerprint
cards furnished by the Department, 2 complete sets of fingerprints that
[February 23, 2000] 84
are verified to be those of the applicant. If an applicant's
fingerprint cards are returned to the Department as unclassifiable by
the screening agency, the applicant has 90 days after notification is
sent by the Department to submit additional fingerprint cards taken by
a different technician to replace the unclassifiable fingerprint cards.
The Department shall notify the submitting licensed agency within
10 days if the applicant's fingerprint cards are returned to the
Department as unclassifiable. However, instead of submitting
fingerprint cards, an individual may submit proof that is satisfactory
to the Department that an equivalent security clearance has been
conducted. Also, a full-time peace officer or an individual who has
retired as a peace officer within 12 months of application may submit
verification, on forms provided by the Department and signed by one's
employer, of his or her full-time employment as a peace officer.
"Peace officer" means any person who by virtue of his or her office or
public employment is vested by law with a duty to maintain public order
or to make arrests for offenses, whether that duty extends to all
offenses or is limited to specific offenses; officers, agents, or
employees of the federal government commissioned by federal statute to
make arrests for violations of federal criminal laws are considered
peace officers.
(d) Upon receipt of the verified fingerprint cards, the Department
shall cause the fingerprints to be compared with fingerprints of
criminals now or hereafter filed with the Illinois Department of State
Police. The Department may also cause the fingerprints to be checked
against the fingerprints of criminals now or hereafter filed in the
records of other official fingerprint files within or without this
State. The Department shall issue a permanent employee registration
card, in a form the Department prescribes, to all qualified applicants.
The Department shall notify the submitting licensed agency within 10
days upon the issuance of or intent to deny the permanent employee
registration card. The holder of a permanent employee registration
card shall carry the card at all times while actually engaged in the
performance of the duties of his or her employment. Expiration and
requirements for renewal of permanent employee registration cards shall
be established by rule of the Department. Possession of a permanent
employee registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent employee
registration card is accompanied by the employee identification card
required by subsection (g) of this Section.
(e) Within 5 days of the receipt of the application materials, the
Department shall institute an investigation for a criminal record by
checking the applicant's name with immediately available criminal
history information systems.
(f) Each employer shall maintain a record of each employee that is
accessible to the duly authorized representatives of the Department.
The record shall contain the following information:
(1) A photograph taken within 10 days of the date that the
employee begins employment with the employer. The photograph shall
be replaced with a current photograph every 3 calendar years.
(2) The employee's statement specified in subsection (b) of
this Section.
(3) All correspondence or documents relating to the character
and integrity of the employee received by the employer from any
official source or law enforcement agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection (g) of
this Section.
(5) Each employee record shall duly note if the employee is
employed in an armed capacity. Armed employee files shall contain a
copy of an active Firearm Owners Identification Card and a copy of an
active Firearm Authorization Card.
(6) Each employer shall maintain a record for each armed employee
of each instance in which the employee's weapon was discharged during
the course of his or her professional duties or activities. The record
shall be maintained on forms provided by the Department, a copy of
85 [February 23, 2000]
which must be filed with the Department within 15 days of an instance.
The record shall include the date and time of the occurrence, the
circumstances involved in the occurrence, and any other information as
the Department may require. Failure to provide this information to the
Department or failure to maintain the record as a part of each armed
employee's permanent file is grounds for disciplinary action. The
Department, upon receipt of a report, shall have the authority to make
any investigation it considers appropriate into any occurrence in which
an employee's weapon was discharged and to take disciplinary action as
may be appropriate.
(7) The Department may, by rule, prescribe further record
requirements.
(g) Every employer shall furnish an employee identification card
to each of his or her employees. This employee identification card
shall contain a recent photograph of the employee, the employee's name,
the name and agency certification number of the employer, the
employee's personal description, the signature of the employer, the
signature of that employee, the date of issuance, and an employee
identification card number.
(h) No employer may issue an employee identification card to any
person who is not employed by the employer in accordance with this
Section or falsely state or represent that a person is or has been in
his or her employ. It is unlawful for an applicant for registered
employment to file with the Department the fingerprints of a person
other than himself or herself, or to fail to exercise due diligence in
resubmitting replacement fingerprints for those employees who have had
original fingerprint submissions returned as unclassifiable.
(i) Every employer shall obtain the identification card of every
employee who terminates employment with him or her.
(j) Every employer shall maintain a separate roster of the names
of all employees currently working in an armed capacity and submit the
roster to the Department on request.
(k) No agency may employ any person under this Act unless:
(1) The person possesses a valid permanent employee
registration card or the person has a valid license under this
Act;or
(2) The agency:
(i) on behalf of each person completes in its entirety
and submits to the Department an application for a permanent
employee registration card, including the required fingerprint
card and fees;
(ii) exercises due diligence to ensure that the person
is qualified under the requirements of the Act to be issued a
permanent employee registration card; and
(iii) maintains a separate roster of the names of all
employees whose applications are currently pending with the
Department and submits the roster to the Department on a
monthly basis. Rosters are to be maintained by the agency for
a period of at least 24 months.
(l) Failure by an agency to submit the application, fees, and
fingerprints specified in this Section before scheduling the person for
work shall result in a fine, in an amount up to $1,000, or other
disciplinary action being imposed against the agency. Failure to
maintain and submit the specified rosters is grounds for discipline
under this Act.
(m) No person may be employed under this Section in any capacity
if:
(i) The person while so employed is being paid by the United
States or any political subdivision for the time so employed in
addition to any payments he or she may receive from the employer.
(ii) The person wears any portion of his or her official
uniform, emblem of authority, or equipment while so employed except
as provided in Section 30.
(n) If information is discovered affecting the registration of a
person whose fingerprints were submitted under this Section, the
Department shall so notify the agency that submitted the fingerprints
[February 23, 2000] 86
on behalf of that person.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 446/150)
Sec. 150. Cease and desist orders. Whenever the Department has
reason to believe that a person, firm, association, or corporation has
violated any provision of Section 15 of this Act, the Department may
issue a rule to show cause why an order to cease and desist should not
be entered against that person, firm, association, or corporation. The
rule shall clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to cease and
desist to be issued immediately. The Department may conduct hearings
and issue cease and desist orders to persons who engage in activities
prohibited by this Act. Any person in violation of a cease and desist
order entered by the Department is subject to all of the remedies
provided by law and, in addition, is subject to a civil penalty payable
to the party injured by the violation.
(Source: P.A. 88-363.)
(225 ILCS 446/155)
Sec. 155. Penalties.
(a) In addition to any other penalty provided by law, any person,
firm, association, or corporation who violates Section 15 of this Act
or any other provision of this Act shall forfeit and pay a civil
penalty to the Department in an amount not to exceed $5,000 for each
offense as determined by the Department. The civil penalty shall be
assessed by the Department in accordance with the provisions set forth
in Sections 130, 135, 140, 160 and 170.
(b) The Department has the authority and power to investigate any
and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The order
shall constitute a judgment and may be filed and execution had thereon
in the same manner as any judgment from any court of record.
(Source: P.A. 88-363.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative Cowlishaw offered and withdrew amendment No. 7.
Representative Bost offered the following amendment and moved its
adoption:
AMENDMENT NO. 8 TO SENATE BILL 452
AMENDMENT NO. 8. Amend Senate Bill 452, AS AMENDED, with reference
to page and line numbers of House Amendment No. 6, on page 1, line 7,
by replacing "75, 80" with "75, 77, 80"; and
on page 11, lines 26 and 27, by replacing "September 1, 1998 and
September 15, 1998" with "July 1, 2000 and August 31, 2000 September 1,
1998 and September 15, 1998"; and
on page 18, immediately below line 32, by inserting the following:
"(225 ILCS 446/77)
Sec. 77. Necessity for licensure of locksmith agencies; grandfather
provision.
(a) On or after January 1, 1997, no person shall practice as a
locksmith and no business entity shall operate as a locksmith agency
without first applying for and obtaining a license for that purpose
from the Department.
(b) Applications must be accompanied by the required fee.
(c) In lieu of the examination given to other applicants for
licensure, the Director may issue a license to an individual who
87 [February 23, 2000]
presents proof to the Director that he or she was actively engaged as a
locksmith or as a supervisor, manager, or administrator of a locksmith
business for 3 years out of the 5 years immediately preceding January
1, 1996 and meets all other requirements of this Act.
(d) The application for a license without examination shall be
made to the Director within 2 years after the effective date of this
amendatory Act of 1995.
(e) A person who applies for licensure under this Section between
September 1, 2000 September 1, 1998 and December 31, 2000 September 30,
1998 shall be exempt from subsection (d) of this Section and shall be
issued a license upon proof of meeting all other requirements for
licensure under this Section.
(Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 6 and 8 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Leitch, HOUSE
BILL 3979 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Scott, HOUSE BILL
3287 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Bill Mitchell,
HOUSE BILL 2880 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
By unanimous consent, on motion of Representative Kosel, HOUSE BILL
3881 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 3840. Having been printed, was taken up and read by
title a second time.
Representative Currie offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3840
AMENDMENT NO. 1. Amend House Bill 3840 as follows:
on page 5, line 32, after "34-18.5." by inserting the following:
"However, notwithstanding Section 34-18.5, the social security number
shall be provided only if available."; and
on page 12, line 6, after "34-2.2", by inserting "and subdivision 1.5
of this Section"; and
on page 12, by replacing line 15 with the following:
"contract is to be renewed, based upon the evaluation required by
subdivision 1.5 of this Section, shall be made no later than 150 days
prior to the expiration of the current performance-based contract of
the principal, (ii) and in cases where such"; and
on page 12, line 20, by replacing "(ii)" with "(iii) (ii)"; and
on page 13, by replacing lines 23 through 31 with the following:
"all authority to search for and contract with a person to serve as
interim or acting principal, or as the principal of the attendance
[February 23, 2000] 88
center under a 4-year performance contract, provided that any
performance contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the hearing
officer. The principal may"; and
on page 14, lines 2 and 3, by replacing "a local school council member
or members or" with "a local school council member or members or"; and
on page 14, lines 7 and 8, by replacing "local school council member or
members or the" with "local school council member or members or the";
and
on page 14, line 13, after "Association.", by inserting the following:
"The general superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration Association to
the principal and to each local school council member and shall inform
the local school council of its rights and responsibilities under the
arbitration process, including the local school council's right to
representation and the manner and process by which the Board shall pay
the costs of the council's representation."; and
on page 14, line 18, by replacing "arbitration and" with "arbitration,
and"; and
on page 14, line 20, after "Education", by inserting the following:
", and the principal may retain counsel and participate in the
arbitration"; and
on page 14, by replacing lines 21 through 27 with the following:
"this Code. If the local school council retains the principal and a
member or members of the local school council requests a review of the
principal's contract, the principal and the local school council
shall be considered adversarial parties and a hearing officer shall be
chosen between those 2 parties as described in Section 34-85 of this
Code. If the local school council does not retain the"; and
on page 15, line 1, after "begin", by inserting "(i)"; and
on page 15, line 2, after "review", by inserting the following:
"is submitted by the principal to the general superintendent or (ii) if
the initial request for review is made by the general superintendent,
within 45 days after that request is mailed to the American Arbitration
Association"; and
on page 15, line 4, after "begins", by inserting "and within 90 days
after the initial request for review"; and
on page 15, line 17, after the period, by inserting the following:
"The burden of proof in establishing that the local school council's
decision was arbitrary and capricious shall be on the party requesting
the arbitration, and this party shall sustain the burden by a
preponderance of the evidence.".
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 3132. Having been printed, was taken up and read by
title a second time.
Representative Poe offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3132
AMENDMENT NO. 1. Amend House Bill 3132 by replacing the title with
the following:
"AN ACT concerning county officers."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by adding Section
2-4006.5 as follows:
(55 ILCS 5/2-4006.5 new)
Sec. 2-4006.5. Commissioners in certain counties.
89 [February 23, 2000]
(a) If a county elects 3 commissioners at large under Section
2-4006, registered voters of such county may, by a vote of a majority
of those voting on such proposition, determine to increase the size of
the board of county commissioners to 5 members who shall be elected
from single member districts. In order for such question to be placed
upon the ballot, such petition must contain the signatures of not fewer
than 10% of the registered voters of such county.
The number of commissioners may not be increased and commissioners
may not be elected from single member districts until the question of
electing 5 commissioners from single member districts has been
submitted to the electors of the county at a regular election and
approved by a majority of the electors voting on the question. The
commissioners must certify the question to the proper election
authority, which must submit the question at an election in accordance
with the Election Code.
The question must be in substantially the following form:
Shall the board of county commissioners of (name of county)
consist of 5 commissioners elected from single member districts?
The votes must be recorded as "Yes" or "No"?.
If a majority of the electors voting on the question vote in the
affirmative, a 5-member board of county commissioners shall be
established to be elected from single member districts.
(b) If the voters of the county decide to elect 5 commissioners
from single member districts, the General Assembly shall, by law, on or
before August 31 of the year following the 2000 federal decennial
census divide the county into 5 compact and contiguous county
commission districts that are substantially equal in population. On or
before May 31 of the year following each federal decennial census
thereafter, the board of county commissioners shall reapportion the
county commission districts to be compact, contiguous, and
substantially equal in population.
(c) The commissioners elected at large at or before the general
election in 2000 shall continue to serve until the expiration of their
terms. Of those commissioners, the commissioner whose term expires in
2002 shall be assigned to district 1; the commissioner whose term
expires in 2004 shall be assigned to district 2; and the commissioner
whose term expires in 2006 shall be assigned to district 3.
(d) At the general election in 2002, one commissioner from each of
districts 1, 4, and 5 shall be elected. At the general election in
2004, one commissioner from each of districts 1, 2, and 5 shall be
elected. At the general election in 2006, one commissioner from each
of districts 2, 3, and 4 shall be elected. At the general election in
2008, one commissioner from each of districts 1, 3, and 5 shall be
elected. At the general election in 2010, one commissioner from each
of districts 2 and 4 shall be elected. At the general election in
2012, commissioners from each district shall be elected. Thereafter,
commissioners shall be elected at each general election to fill expired
terms.
In the year following the decennial census of 2010 and every 10
years thereafter, the commissioners, publicly by lot, shall divide the
districts into 2 groups. One group of 3 commissioners shall serve
terms of 4 years, 4 years, and 2 years and one group of 2 commissioners
shall serve terms of 2 years, 4 years, and 4 years.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 4348. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
[February 23, 2000] 90
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 4348
AMENDMENT NO. 1. Amend House Bill 4348 on page 23, line 5, after
"appointed." by inserting "The review of the investigation requested by
the guardian ad litem may be conducted by the Regional Child Protection
Manager."; and
on page 23, line 7, after "committee" by inserting ", except those
requests for review that are made by the guardian ad litem, which shall
be conducted by the Regional Child Protection Manager"; and
on page 29, line 20, by replacing "21" with "17"; and
on page 29, line 21, after "offense" by inserting ", who is not a
current ward of the Department of Children and Family Services,"; and
on page 34, line 17, after "parole" by inserting "or mandatory
supervised release"; and
on page 34, line 19, after "officer" by inserting "at least"; and
on page 36, line 6, after "risk" by inserting "for defaulting on
compliance with probation"; and
on page 36, line 7, by replacing "person" with "probationer"; and
on page 36, line 9, by replacing "may" with "shall"; and
on page 36, line 10, by replacing "person" with "probationer"; and
on page 36, line 11, after "12:00 A.M." by inserting "The terms of
probation for youthful offenders assigned to this pilot program shall
include curfew, geographic restrictions, and other constraints designed
to keep the probationer from re-offending. Probation officers must
discuss substance abuse prevention and treatment options with
probationers and their families as well as mental health, educational,
vocational, or other factors that may adversely affect compliance with
probation. Each probation officer assigned to this pilot program shall
have an active caseload of no more than 15 probationers.".
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 3469. 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 3469
AMENDMENT NO. 1. Amend House Bill 3469 by replacing the title with
the following:
"AN ACT to amend the Freedom of Information Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Freedom of Information Act is amended by changing
Sections 9 and 11 and adding Sections 10.5 and 15 as follows:
(5 ILCS 140/9) (from Ch. 116, par. 209)
Sec. 9. (a) Each public body or head of a public body denying a
request for public records shall notify by letter the person making the
request of the decision to deny such, the reasons for the denial, and
the names and titles or positions of each person responsible for the
denial. Each notice of denial by a public body shall also inform such
person of his right to appeal to the head of the public body. Each
notice of denial of an appeal by the head of a public body shall inform
such person of his right to judicial review under Section 11 and
right to request review by the Attorney General under Section 10.5 of
this Act.
(b) When a request for public records is denied on the grounds
that the records are exempt under Section 7 of this Act, the notice of
denial shall specify the exemption claimed to authorize the denial.
Copies of all notices of denial shall be retained by each public body
91 [February 23, 2000]
in a single central office file that is open to the public and indexed
according to the type of exemption asserted and, to the extent
feasible, according to the types of records requested.
(Source: P.A. 83-1013.)
(5 ILCS 140/10.5 new)
Sec. 10.5. Request for review of denial.
(a) A person denied access to inspect or copy a public record by
the head of a public body may, prior to filing an action under Section
11, request a review of that denial by the Attorney General. The
request for review shall be in writing, shall be signed by the
requestor, and shall include a copy of the request for access to
records, the appeal, and any responses from the public body.
(b) Within 3 business days after receipt of a proper request for
review, the Attorney General shall notify the public body of his or her
receipt of the request and shall offer the public body an opportunity
to consult upon and informally mediate or otherwise resolve the
question of the propriety of its denial. If the public body is or is
part of a unit of local government or school district, the Attorney
General shall, at the same time, also notify the State's Attorney of
the county in which the public body's principal office is located.
(c) The Attorney General shall have the powers necessary to
investigate the circumstances and propriety of the denial, including,
but not limited to, the power to:
(1) issue administrative subpoenas to compel the production
of documents or the presence of witnesses;
(2) inspect records on the premises of the public body or
where they are stored and inspect so much of the public body's
record keeping system as may be necessary to determine the
application of any exemption that may be asserted by the public
body;
(3) require affidavits or sworn responses to interrogatories;
(4) examine under oath any person, including the person
seeking access to the records, or any officer, member, employee, or
other agent of a public body in connection with any question that
may have, or may lead to the discovery of other information that
may have, a bearing on the public body's duty to disclose; and
(5) bring an action in the circuit court to compel compliance
with an investigation under this Section.
(d) The Attorney General, who may accept written or oral legal
argument on the issues presented, shall determine whether the denial
was lawful under this Act and shall notify the requestor, the public
body, and the appropriate State's Attorney of his or her opinion.
(e) If the requestor files suit under Section 11 with respect to
the same denial that is the subject of a pending request for review,
the requestor shall notify the Attorney General, and the pending review
shall terminate without issuance of an opinion.
(f) The Attorney General shall have the power to adopt rules
necessary to implement this Section.
(g) The Attorney General shall post his or her opinions on the
official World Wide Web home page of the Office of the Attorney General
and shall make them available for inspection in his or her office.
(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy any
public record by the head of a public body may file suit for injunctive
or declaratory relief regardless of whether the person has filed a
request for review under Section 10.5.
(b) Where the denial is from the head of a public body of the
State, suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied access
resides.
(c) Where the denial is from the head of a municipality or other
public body, except as provided in subsection (b) of this Section, suit
may be filed in the circuit court for the county where the public body
is located.
(d) The circuit court shall have the jurisdiction to enjoin the
public body from withholding public records and to order the production
[February 23, 2000] 92
of any public records improperly withheld from the person seeking
access. If the public body can show that exceptional circumstances
exist, and that the body is exercising due diligence in responding to
the request, the court may retain jurisdiction and allow the agency
additional time to complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an index
of the records to which access has been denied. The index shall
include the following:
(i) A description of the nature or contents of each document
withheld, or each deletion from a released document, provided, however,
that the public body shall not be required to disclose the information
which it asserts is exempt; and
(ii) A statement of the exemption or exemptions claimed for each
such deletion or withheld document.
(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld under any
provision of this Act. The burden shall be on the public body to
establish that its refusal to permit public inspection or copying is in
accordance with the provisions of this Act.
(g) In the event of noncompliance with an order of the court to
disclose, the court may enforce its order against any public official
or employee so ordered or primarily responsible for such noncompliance
through the court's contempt powers.
(h) Except as to causes the court considers to be of greater
importance, proceedings arising under this Section shall take
precedence on the docket over all other causes and be assigned for
hearing and trial at the earliest practicable date and expedited in
every way.
(i) If a person seeking the right to inspect or receive a copy of
a public record substantially prevails in a proceeding under this
Section, the court may award such person reasonable attorneys' fees if
the court finds that the record or records in question were of clearly
significant interest to the general public and that the public body
lacked any reasonable basis in law for withholding the record.
(Source: P.A. 85-1357.)
(5 ILCS 140/15 new)
Sec. 15. Litigation costs and punitive damages.
(a) The court may assess against any party reasonable attorney's
fees and other litigation costs reasonably incurred by any other party
who substantially prevails in any action brought in accordance with
Section 11, provided that litigation costs may be assessed against any
private party or parties bringing the action only:
(1) if the Attorney General had opined in accordance with
Section 10.5 that the records were not subject to disclosure; or
(2) upon the court's determination that the action is
malicious or frivolous in nature. An action brought consistent
with an Attorney General opinion under Section 10.5 shall not be
considered to be malicious or frivolous in nature.
(b) If the requestor substantially prevails in a suit seeking
records that the Attorney General opined were subject to disclosure in
accordance with Section 10.5, the court shall award to the requestor,
in addition to any award of costs under subsection (a), punitive
damages of up to $50 per day for each day of delay in producing the
records from the date that the Attorney General's opinion was received
by the public body.".
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
93 [February 23, 2000]
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 Bill Mitchell, HOUSE BILL 2888 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:
110, Yeas; 0, Nays; 5, 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 McGuire, HOUSE BILL 3309 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 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 Bellock, HOUSE BILL 2899 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 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 Lou Jones, HOUSE BILL 3355 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 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 John Turner, HOUSE BILL 3112 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 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 Steve Davis, HOUSE BILL 3455 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 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 Black, HOUSE BILL 3169 was taken up and
[February 23, 2000] 94
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
100, Yeas; 9, Nays; 5, 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.
RECALLS
By unanimous consent, on motion of Representative Beaubien, HOUSE
BILL 3995 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Schmitz, HOUSE
BILL 4072 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 3840. Having been printed, was taken up and read by
title a second time.
Representative Currie offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3840
AMENDMENT NO. 1. Amend House Bill 3840 as follows:
on page 5, line 32, after "34-18.5." by inserting the following:
"However, notwithstanding Section 34-18.5, the social security number
shall be provided only if available."; and
on page 12, line 6, after "34-2.2", by inserting "and subdivision 1.5
of this Section"; and
on page 12, by replacing line 15 with the following:
"contract is to be renewed, based upon the evaluation required by
subdivision 1.5 of this Section, shall be made no later than 150 days
prior to the expiration of the current performance-based contract of
the principal, (ii) and in cases where such"; and
on page 12, line 20, by replacing "(ii)" with "(iii) (ii)"; and
on page 13, by replacing lines 23 through 31 with the following:
"all authority to search for and contract with a person to serve as
interim or acting principal, or as the principal of the attendance
center under a 4-year performance contract, provided that any
performance contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the hearing
officer. The principal may"; and
on page 14, lines 2 and 3, by replacing "a local school council member
or members or" with "a local school council member or members or"; and
on page 14, lines 7 and 8, by replacing "local school council member or
members or the" with "local school council member or members or the";
and
on page 14, line 13, after "Association.", by inserting the following:
"The general superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration Association to
the principal and to each local school council member and shall inform
the local school council of its rights and responsibilities under the
arbitration process, including the local school council's right to
representation and the manner and process by which the Board shall pay
the costs of the council's representation."; and
on page 14, line 18, by replacing "arbitration and" with "arbitration,
and"; and
on page 14, line 20, after "Education", by inserting the following:
", and the principal may retain counsel and participate in the
95 [February 23, 2000]
arbitration"; and
on page 14, by replacing lines 21 through 27 with the following:
"this Code. If the local school council retains the principal and a
member or members of the local school council requests a review of the
principal's contract, the principal and the local school council
shall be considered adversarial parties and a hearing officer shall be
chosen between those 2 parties as described in Section 34-85 of this
Code. If the local school council does not retain the"; and
on page 15, line 1, after "begin", by inserting "(i)"; and
on page 15, line 2, after "review", by inserting the following:
"is submitted by the principal to the general superintendent or (ii) if
the initial request for review is made by the general superintendent,
within 45 days after that request is mailed to the American Arbitration
Association"; and
on page 15, line 4, after "begins", by inserting "and within 90 days
after the initial request for review"; and
on page 15, line 17, after the period, by inserting the following:
"The burden of proof in establishing that the local school council's
decision was arbitrary and capricious shall be on the party requesting
the arbitration, and this party shall sustain the burden by a
preponderance of the evidence.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Schmitz, HOUSE
BILL 3986 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 2962. Having been read by title a second time earlier
today, and held on the order of Second Reading, the same was again
taken up.
Representative Flowers offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 2962
AMENDMENT NO. 2. Amend House Bill 2962 by replacing the title with
the following:
"AN ACT concerning health."; and
by inserting immediately below the enacting clause the following:
"Section 3. The School Code is amended by adding Sections 2-3.131,
10-23.13, and 34-18.21 as follows:
(105 ILCS 5/2-3.131 new)
Sec. 2-3.131. Medicaid matching funds claim. The State Board of
Education and the Department of Public Aid may enter into an
intergovernmental agreement whereby school districts or their agents
may claim Medicaid matching funds for Medicaid-eligible children, as
authorized by Section 1903 of the Social Security Act.
(105 ILCS 5/10-23.13 new)
Sec. 10-23.13. Medicaid-eligible children; health care resources.
To access federally funded health care resources if the school district
provides early periodic screening and diagnostic testing services,
including screening and diagnostic services, health care and treatment,
preventive health care, or any other measure, to correct or improve
[February 23, 2000] 96
health impairments of Medicaid-eligible children.
(105 ILCS 5/34-18.21 new)
Sec. 34-18.21. Medicaid-eligible children; health care resources.
If the school district provides early periodic screening and diagnostic
testing services, including screening and diagnostic services, health
care and treatment, preventive health care, or any other measure, to
correct or improve health impairments of Medicaid-eligible children,
the school district may access federally funded health care
resources."; and
by inserting at the end of the bill the following:
"Section 99. Effective date. This Act takes effect upon becoming
law, except that the provisions changing Section 3 of the Critical
Health Problems and Comprehensive Health Education Act take effect on
January 1, 2001.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2985. Having been read by title a second time on
February 22, 2000, and held on the order of Second Reading, the same
was again taken up and advanced to the order of Third Reading.
HOUSE BILL 3254. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 3935. 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 3935
AMENDMENT NO. 1. Amend House Bill 3935 on page 1, by replacing
line 6 with the following:
"changing Sections 1-5, 2-21, 2-27, 2-29, 3-30, and 4-27 as follows:";
and
on page 6, by replacing lines 28 through 30 with the following:
"of a parent's parental rights is sought may be tried by a jury. In
all such proceedings, a jury demand is required and the right to a
trial by jury may be waived."; and
on page 6, by inserting after line 32 the following:
"(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in which the
parties received service of process and shall note whether the return
or returns of service, postal return receipt or receipts for notice by
certified mail, or certificate or certificates of publication have been
filed in the court record. The court shall enter any appropriate
orders of default against any parent who has been properly served in
any manner and fails to appear.
No further service of process as defined in Sections 2-15 and 2-16
is required in any subsequent proceeding for a parent who was properly
served in any manner, except as required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search conducted
for the parent.
After hearing the evidence the court shall determine whether or not
the minor is abused, neglected, or dependent. If it finds that the
97 [February 23, 2000]
minor is not such a person, the court shall order the petition
dismissed and the minor discharged. The court's determination of
whether the minor is abused, neglected, or dependent shall be stated in
writing with the factual basis supporting that determination.
If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing the
factual basis supporting that determination, and specify, to the extent
possible, the acts or omissions or both of each parent, guardian, or
legal custodian that form the basis of the court's findings. That
finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or
dependent, the court shall admonish the parents that they must
cooperate with the Department of Children and Family Services, comply
with the terms of the service plan, and correct the conditions that
require the child to be in care, or risk termination of parental
rights.
If the court determines that a person has inflicted physical or
sexual abuse upon a minor, the court shall report that determination to
the Department of State Police, which shall include that information in
its report to the President of the school board for a school district
that requests a criminal background investigation of that person as
required under Section 10-21.9 or 34-18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the court
determines and puts in writing the factual basis supporting the
determination that the minor is either abused or neglected or
dependent, the court shall then set a time not later than 30 days after
the entry of the finding for a dispositional hearing (unless an earlier
date is required pursuant to Section 2-13.1) to be conducted under
Section 2-22 at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the minor and
the public that he be made a ward of the court. To assist the court in
making this and other determinations at the dispositional hearing, the
court may order that an investigation be conducted and a dispositional
report be prepared concerning the minor's physical and mental history
and condition, family situation and background, economic status,
education, occupation, history of delinquency or criminality, personal
habits, and any other information that may be helpful to the court.
The dispositional hearing may be continued once for a period not to
exceed 30 days if the court finds that such continuance is necessary to
complete the dispositional report.
(3) The time limits of this Section may be waived only by consent
of all parties and approval by the court, as determined to be
consistent with the health, safety and best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for which no
dispositional hearing has been held prior to that date, a dispositional
hearing under Section 2-22 shall be held within 90 days of July 1,
1991.
(5) The court may terminate the parental rights of a parent at the
initial dispositional hearing if all of the following conditions are
met:
(i) the original or amended petition contains a request for
termination of parental rights and appointment of a guardian with
power to consent to adoption; and
(ii) the court has found by a preponderance of evidence,
introduced or stipulated to at an adjudicatory hearing, that the
child comes under the jurisdiction of the court as an abused,
neglected, or dependent minor under Section 2-18; and
(iii) the court finds, on the basis of clear and convincing
evidence admitted at the adjudicatory hearing that the parent is an
unfit person under subdivision D of Section 1 of the Adoption Act;
and
(iv) the court determines in accordance with the rules of
evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and public
that the child be made a ward of the court;
(A-5) reasonable efforts under subsection (l-1) of
[February 23, 2000] 98
Section 5 of the Children and Family Services Act are
inappropriate or such efforts were made and were unsuccessful;
and
(B) termination of parental rights and appointment of a
guardian with power to consent to adoption is in the best
interest of the child pursuant to Section 2-29.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. 8-16-97;
90-566, eff. 1-2-98; 90-608, eff. 6-30-98.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the factual basis
supporting the determination of whether the parents, guardian, or legal
custodian of a minor adjudged a ward of the court are unfit or are
unable, for some reason other than financial circumstances alone, to
care for, protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the minor will be
jeopardized if the minor remains in the custody of his or her parents,
guardian or custodian, the court may at this hearing and at any later
point:
(a) place the minor in the custody of a suitable relative or
other person as legal custodian or guardian;
(a-5) with the approval of the Department of Children and
Family Services, place the minor in the subsidized guardianship of
a suitable relative or other person as legal guardian; "subsidized
guardianship" means a private guardianship arrangement for children
for whom the permanency goals of return home and adoption have been
ruled out and who meet the qualifications for subsidized
guardianship as defined by the Department of Children and Family
Services in administrative rules;
(b) place the minor under the guardianship of a probation
officer;
(c) commit the minor to an agency for care or placement,
except an institution under the authority of the Department of
Corrections or of the Department of Children and Family Services;
(d) commit the minor to the Department of Children and Family
Services for care and service; however, a minor charged with a
criminal offense under the Criminal Code of 1961 or adjudicated
delinquent shall not be placed in the custody of or committed to
the Department of Children and Family Services by any court, except
a minor less than 13 years of age and committed to the Department
of Children and Family Services under Section 5-710 of this Act.
The Department shall be given due notice of the pendency of the
action and the Guardianship Administrator of the Department of
Children and Family Services shall be appointed guardian of the
person of the minor. Whenever the Department seeks to discharge a
minor from its care and service, the Guardianship Administrator
shall petition the court for an order terminating guardianship. The
Guardianship Administrator may designate one or more other officers
of the Department, appointed as Department officers by
administrative order of the Department Director, authorized to
affix the signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for whom he or
she has been appointed guardian at such times as he or she is
unable to perform the duties of his or her office. The signature
authorization shall include but not be limited to matters of
consent of marriage, enlistment in the armed forces, legal
proceedings, adoption, major medical and surgical treatment and
application for driver's license. Signature authorizations made
pursuant to the provisions of this paragraph shall be filed with
the Secretary of State and the Secretary of State shall provide
upon payment of the customary fee, certified copies of the
99 [February 23, 2000]
authorization to any court or individual who requests a copy.
(1.5) In making a determination under this Section, the court
shall also consider whether, based on health, safety, and the best
interests of the minor,
(a) appropriate services aimed at family preservation and
family reunification have been unsuccessful in rectifying the
conditions that have led to a finding of unfitness or inability to
care for, protect, train, or discipline the minor, or
(b) no family preservation or family reunification services
would be appropriate,
and if the petition or amended petition contained an allegation that
the parent is an unfit person as defined in subdivision (D) of Section
1 of the Adoption Act, and the order of adjudication recites that
parental unfitness was established by clear and convincing evidence,
the court shall, when appropriate and in the best interest of the
minor, enter an order terminating parental rights and appointing a
guardian with power to consent to adoption in accordance with Section
2-29.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
When making a placement, the court, wherever possible, shall
require the Department of Children and Family Services to select a
person holding the same religious belief as that of the minor or a
private agency controlled by persons of like religious faith of the
minor and shall require the Department to otherwise comply with Section
7 of the Children and Family Services Act in placing the child. In
addition, whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate in the
particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or other
person pursuant to item (a) of subsection (1), the court shall appoint
him or her the legal custodian or guardian of the person of the minor.
When a minor is committed to any agency, the court shall appoint the
proper officer or representative thereof as legal custodian or guardian
of the person of the minor. Legal custodians and guardians of the
person of the minor have the respective rights and duties set forth in
subsection (9) of Section 1-3 except as otherwise provided by order of
court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon him or her in accordance
with Section 2-29. An agency whose representative is appointed guardian
of the person or legal custodian of the minor may place the minor in
any child care facility, but the facility must be licensed under the
Child Care Act of 1969 or have been approved by the Department of
Children and Family Services as meeting the standards established for
such licensing. No agency may place a minor adjudicated under Sections
2-3 or 2-4 in a child care facility unless the placement is in
compliance with the rules and regulations for placement under this
Section promulgated by the Department of Children and Family Services
under Section 5 of the Children and Family Services Act. Like authority
and restrictions shall be conferred by the court upon any probation
officer who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal custodian
of a minor may be made in any out of State child care facility unless
it complies with the Interstate Compact on the Placement of Children.
Placement with a parent, however, is not subject to that Interstate
Compact.
(4) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(5) Custody or guardianship granted under this Section continues
until the court otherwise directs, but not after the minor reaches the
age of 19 years except as set forth in Section 2-31.
[February 23, 2000] 100
(6) (Blank).
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
8-22-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
7-30-98; 91-357, eff. 7-29-99.)
(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
Sec. 2-29. Adoption; appointment of guardian with power to
consent.
(1) With leave of the court, a minor who is the subject of an
abuse, neglect, or dependency petition under this Act may be the
subject of a petition for adoption under the Adoption Act.
(1.1) The parent or parents of a child in whose interest a
petition under Section 2-13 of this Act is pending may, in the manner
required by the Adoption Act, (a) surrender him or her for adoption to
an agency legally authorized or licensed to place children for
adoption, (b) consent to his or her adoption, or (c) consent to his or
her adoption by a specified person or persons. Nothing in this Section
requires that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court finds that it is
in the best interest of the minor that parental rights be terminated
and the petition or motion requests that a guardian of the person be
appointed and authorized to consent to the adoption of the minor, the
court, with the consent of the parents, if living, or after finding,
based upon clear and convincing evidence, that a parent is an unfit
person as defined in Section 1 of the Adoption Act, may terminate
parental rights and empower the guardian of the person of the minor, in
the order appointing him or her as such guardian, to appear in court
where any proceedings for the adoption of the minor may at any time be
pending and to consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a proper order
or judgment of adoption without further notice to, or consent by, the
parents of the minor. An order so empowering the guardian to consent to
adoption deprives the parents of the minor of all legal rights as
respects the minor and relieves them of all parental responsibility for
him or her, and frees the minor from all obligations of maintenance and
obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its
discretion, consider the wishes of the minor in determining whether the
best interests of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(2.1) Notice to a parent who has appeared or been served with
summons personally or by certified mail, and for whom an order of
default has been entered on the petition for wardship and has not been
set aside shall be provided in accordance with Supreme Court Rule 11.
Notice to a parent who was served by publication and for whom an order
of default has been entered on the petition for wardship and has not
been set aside shall be provided in accordance with Sections 2-15 and
2-16.
(3) Parental consent to the order terminating parental rights and
authorizing the guardian of the person to consent to adoption of the
minor must be in writing and signed in the form provided in the
Adoption Act, but no names of petitioners for adoption need be
included.
(4) A finding of the unfitness of a parent must be made in
compliance with the Adoption Act, without regard to the likelihood that
the child will be placed for adoption, and be based upon clear and
convincing evidence. Provisions of the Adoption Act relating to minor
parents and to mentally ill or mentally deficient parents apply to
proceedings under this Section and any findings with respect to such
parents shall be based upon clear and convincing evidence.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 90-608, eff.
101 [February 23, 2000]
6-30-98.)
(705 ILCS 405/3-30) (from Ch. 37, par. 803-30)
Sec. 3-30. Adoption; appointment of guardian with power to
consent. (1) A ward of the court under this Act, with the consent of
the court, may be the subject of a petition for adoption under "An Act
in relation to the adoption of persons, and to repeal an Act therein
named", approved July 17, 1959, as amended, or with like consent his or
her parent or parents may, in the manner required by such Act,
surrender him or her for adoption to an agency legally authorized or
licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the
best interests of the minor that a guardian of the person be appointed
and authorized to consent to the adoption of the minor, the court with
the consent of the parents, if living, or after finding, based upon
clear and convincing evidence, that a non-consenting parent is an unfit
person as defined in Section 1 of "An Act in relation to the adoption
of persons, and to repeal an Act therein named", approved July 17,
1959, as amended, may empower the guardian of the person of the minor,
in the order appointing him or her as such guardian, to appear in court
where any proceedings for the adoption of the minor may at any time be
pending and to consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a proper order
or judgment of adoption without further notice to, or consent by, the
parents of the minor. An order so empowering the guardian to consent to
adoption terminates parental rights, deprives the parents of the minor
of all legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor from all
obligations of maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its
discretion, consider the wishes of the minor in determining whether the
best interests of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the
person to consent to adoption of the Minor shall be given in open court
whenever possible and otherwise must be in writing and signed in the
form provided in "An Act in relation to the adoption of persons, and to
repeal an Act therein named", approved July 17, 1959, as amended, but
no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with
that Act and be based upon clear and convincing evidence. Provisions
of that Act relating to minor parents and to mentally ill or mentally
deficient parents apply to proceedings under this Section and shall be
based upon clear and convincing evidence.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
(Source: P.A. 85-601.)
(705 ILCS 405/4-27) (from Ch. 37, par. 804-27)
Sec. 4-27. Adoption; appointment of guardian with power to
consent. (1) A ward of the court under this Act, with the consent of
the court, may be the subject of a petition for adoption under "An Act
in relation to the adoption of persons, and to repeal an Act therein
named", approved July 17, 1959, as amended, or with like consent his or
her parent or parents may, in the manner required by such Act,
surrender him or her for adoption to an agency legally authorized or
licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the
best interests of the minor that a guardian of the person be appointed
and authorized to consent to the adoption of the minor, the court with
the consent of the parents, if living, or after finding, based upon
clear and convincing evidence, that a non-consenting parent is an unfit
person as defined in Section 1 of "An Act in relation to the adoption
of persons, and to repeal an Act therein named", approved July 17,
1959, as amended, may empower the guardian of the person of the minor,
in the order appointing him or her as such guardian, to appear in court
[February 23, 2000] 102
where any proceedings for the adoption of the minor may at any time be
pending and to consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a proper order
or judgment of adoption without further notice to, or consent by, the
parents of the minor. An order so empowering the guardian to consent to
adoption terminates parental rights, deprives the parents of the minor
of all legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor from all
obligations of maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its
discretion, consider the wishes of the minor in determining whether the
best interests of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the
person to consent to adoption of the Minor shall be given in open court
whenever possible and otherwise must be in writing and signed in the
form provided in "An Act in relation to the adoption of persons, and to
repeal an Act therein named", approved July 17, 1959, as amended, but
no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with
that Act and be based upon clear and convincing evidence. Provisions
of that Act relating to minor parents and to mentally ill or mentally
deficient parents apply to proceedings under this Section and shall be
based upon clear and convincing evidence.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
(Source: P.A. 85-601.)"; and
on page 7, by replacing line 1 with the following:
"Sections 8 and 20 as follows:
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes of
adoption.
(a) Except as hereinafter provided in this Section consents or
surrenders shall be required in all cases, unless the person whose
consent or surrender would otherwise be required shall be found by the
court:
(1) to be an unfit person as defined in Section 1 of this
Act, by clear and convincing evidence; or
(2) not to be the biological or adoptive father of the child;
or
(3) to have waived his parental rights to the child under
Section 12a or 12.1 of this Act; or
(4) to be the parent of an adult sought to be adopted; or
(5) to be the father of the child as a result of criminal
sexual abuse or assault as defined under Article 12 of the Criminal
Code of 1961.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights is
sought, the petitioner has the burden of proving the allegations in the
petition beyond a reasonable doubt.
(b) Where consents are required in the case of an adoption of a
minor child, the consents of the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of birth of
the child or within 300 days before the birth of the child,
except for a husband or former husband who has been found by a
court of competent jurisdiction not to be the biological
father of the child; or
(ii) is the father of the child under a judgment for
adoption, an order of parentage, or an acknowledgment of
parentage or paternity pursuant to subsection (a) of Section 5
of the Illinois Parentage Act of 1984; or
(iii) in the case of a child placed with the adopting
103 [February 23, 2000]
parents less than 6 months after birth, openly lived with the
child, the child's biological mother, or both, and held
himself out to be the child's biological father during the
first 30 days following the birth of the child; or
(iv) in the case of a child placed with the adopting
parents less than 6 months after birth, made a good faith
effort to pay a reasonable amount of the expenses related to
the birth of the child and to provide a reasonable amount for
the financial support of the child before the expiration of 30
days following the birth of the child, provided that the court
may consider in its determination all relevant circumstances,
including the financial condition of both biological parents;
or
(v) in the case of a child placed with the adopting
parents more than 6 months after birth, has maintained
substantial and continuous or repeated contact with the child
as manifested by: (I) the payment by the father toward the
support of the child of a fair and reasonable sum, according
to the father's means, and either (II) the father's visiting
the child at least monthly when physically and financially
able to do so and not prevented from doing so by the person or
authorized agency having lawful custody of the child, or (III)
the father's regular communication with the child or with the
person or agency having the care or custody of the child, when
physically and financially unable to visit the child or
prevented from doing so by the person or authorized agency
having lawful custody of the child. The subjective intent of
the father, whether expressed or otherwise unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a determination
that the father failed to maintain substantial and continuous
or repeated contact with the child; or
(vi) in the case of a child placed with the adopting
parents more than six months after birth, openly lived with
the child for a period of six months within the one year
period immediately preceding the placement of the child for
adoption and openly held himself out to be the father of the
child; or
(vii) has timely registered with Putative Father
Registry, as provided in Section 12.1 of this Act, and prior
to the expiration of 30 days from the date of such
registration, commenced legal proceedings to establish
paternity under the Illinois Parentage Act of 1984 or under
the law of the jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child, if there
is no surviving parent; or
(3) An agency, if the child has been surrendered for adoption
to such agency; or
(4) Any person or agency having legal custody of a child by
court order if the parental rights of the parents have been
judicially terminated, and the court having jurisdiction of the
guardianship of the child has authorized the consent to the
adoption; or
(5) The execution and verification of the petition by any
petitioner who is also a parent of the child sought to be adopted
shall be sufficient evidence of such parent's consent to the
adoption.
(c) Where surrenders to an agency are required in the case of a
placement for adoption of a minor child by an agency, the surrenders of
the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of birth of
the child or within 300 days before the birth of the child,
except for a husband or former husband who has been found by a
court of competent jurisdiction not to be the biological
[February 23, 2000] 104
father of the child; or
(ii) is the father of the child under a judgment for
adoption, an order of parentage, or an acknowledgment of
parentage or paternity pursuant to subsection (a) of Section 5
of the Illinois Parentage Act of 1984; or
(iii) in the case of a child placed with the adopting
parents less than 6 months after birth, openly lived with the
child, the child's biological mother, or both, and held
himself out to be the child's biological father during the
first 30 days following the birth of a child; or
(iv) in the case of a child placed with the adopting
parents less than 6 months after birth, made a good faith
effort to pay a reasonable amount of the expenses related to
the birth of the child and to provide a reasonable amount for
the financial support of the child before the expiration of 30
days following the birth of the child, provided that the court
may consider in its determination all relevant circumstances,
including the financial condition of both biological parents;
or
(v) in the case of a child placed with the adopting
parents more than six months after birth, has maintained
substantial and continuous or repeated contact with the child
as manifested by: (I) the payment by the father toward the
support of the child of a fair and reasonable sum, according
to the father's means, and either (II) the father's visiting
the child at least monthly when physically and financially
able to do so and not prevented from doing so by the person or
authorized agency having lawful custody of the child or (III)
the father's regular communication with the child or with the
person or agency having the care or custody of the child, when
physically and financially unable to visit the child or
prevented from doing so by the person or authorized agency
having lawful custody of the child. The subjective intent of
the father, whether expressed or otherwise, unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a determination
that the father failed to maintain substantial and continuous
or repeated contact with the child; or
(vi) in the case of a child placed with the adopting
parents more than six months after birth, openly lived with
the child for a period of six months within the one year
period immediately preceding the placement of the child for
adoption and openly held himself out to be the father of the
child; or
(vii) has timely registered with the Putative Father
Registry, as provided in Section 12.1 of this Act, and prior
to the expiration of 30 days from the date of such
registration, commenced legal proceedings to establish
paternity under the Illinois Parentage Act of 1984, or under
the law of the jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)(1) and
(c)(1), no showing shall be required of diligent efforts by a person or
agency to encourage the father to perform the acts specified therein.
(e) In the case of the adoption of an adult, only the consent of
such adult shall be required.
(Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)"; and
on page 7, by replacing lines 15 through 17 with the following:
"parent's parental rights is sought may be tried by a jury. In all
such proceedings, a jury demand is required and the right to a trial by
jury may be waived.
Notwithstanding any other provision of law, in a contested
proceeding in which the termination of a parent's parental rights
is sought, the petitioner has the burden of proving the
allegations in the petition beyond a reasonable doubt.".
There being no further amendments, the foregoing Amendment No. 1
105 [February 23, 2000]
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 4480. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Transportation & Motor Vehicles, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 4480
AMENDMENT NO. 1. Amend House Bill 4480 as follows:
on page 1, line 20, by replacing "more than 0.00" with "0.02 or more";
and
on page 4, line 31, by replacing "but less than 0.04" with "but less
than 0.02 0.04"; and
on page 5, line 6, by replacing "0.04 or more than 0.00" with "0.02
0.04 or more"; and
on page 5, line 14, by replacing "0.08 or" with "0.02 0.08 or"; and
on page 5, line 15, by deleting "than 0.00"; and
on page 6, line 2, by replacing "more than 0.00 at least 0.04" with "at
least 0.02 0.04"; and
on page 6, lines 13 and 23, by replacing "0.04 or more than 0.00" each
time it appears with "0.02 0.04 or more"; and
on page 7, line 17, by replacing "more than 0.00" with "0.02 or more";
and
on page 8, line 31, by replacing "more than 0.00 at least 0.04" with
"at least 0.02 0.04"; and
on page 9, line 5, by replacing "more than 0.00" with "0.02 or more";
and
on page 11, line 15, by replacing "more than 0.00" with "0.02 or more".
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 3840. Having been read by title a second time earlier
today, and held on the order of Second Reading, the same was again
taken up and advanced to the order of Third Reading.
HOUSE BILL 1544. Having been read by title a second time on
January 27, 2000, and held on the order of Second Reading, the same was
again taken up.
Representative Silva offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1544
AMENDMENT NO. 1. Amend House Bill 1544 as follows:
on page 2, line 8, by replacing "personal" with "primary care"; and
on page 3, below line 25, by inserting the following:
""Uninsured population" means persons that do not own private
health care insurance, are not a part of a group insurance plan, and
are not eligible for any State or federal government sponsored health
care provision program."; and
on page 3, by deleting lines 31 and 32; and
on page 4, by replacing lines 1 through 3 with the following:
"Section 15. Eligibility for grant. To be eligible to receive a
grant under this Act an entity must meet the following criteria:
(a) The entity must:
(1) meet the criteria to be a community provider; or
(2) be a physician or group of physicians licensed to
practice medicine in all its branches, at least 5% of the total
practice of which includes any patient mix of persons eligible for
[February 23, 2000] 106
medical assistance under Article V of the Illinois Public Aid Code
or persons who lack private health insurance and are not eligible
for Medicare or medical assistance under Article V of the Illinois
Public Aid Code.
(b) The entity must provide the required primary health services.
(c) The entity must adjust fees in accordance with a patient's
income.
(d) The entity must serve a medically underserved population and
an uninsured population."; and
on page 4, line 9, after "Act", by inserting the following:
"until newly created comprehensive primary care medical practices are
eligible for and are receiving permanent federal grant funding under
Section 330 of the Public Health Services Act".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. These bills have been examined, any
amendments thereto engrossed and any errors corrected. Any amendments
pending were tabled pursuant to Rule 40(a).
On motion of Representative Kosel, HOUSE BILL 3319 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 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 Lang, HOUSE BILL 4089 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:
61, Yeas; 48, Nays; 6, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Biggins, HOUSE BILL 3428 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 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 Currie, HOUSE BILL 4341 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 13)
This bill, having received the votes of a constitutional majority
107 [February 23, 2000]
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Moffitt, HOUSE BILL 3435 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; 4, Nays; 0, Answering Present.
(ROLL CALL 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Brunsvold, HOUSE BILL 3861 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 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Acevedo, HOUSE BILL 3989 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 16)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Andrea Moore, HOUSE BILL 4483 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 17)
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 3315 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; 1, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Schmitz, HOUSE BILL 3636 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 19)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Wirsing, HOUSE BILL 3993 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
[February 23, 2000] 108
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 20)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
RECALLS
By unanimous consent, on motion of Representative Fowler, HOUSE
BILL 3901 was recalled from the order of Third Reading to the order of
Second Reading for the purpose of amendment.
And the bill was again taken up on the order of Second Reading.
Representative Fowler offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 3901
AMENDMENT NO. 1. Amend House Bill 3901 on page 2, line 3, by
replacing "$27" with "$25"; and
on page 2, line 4, by replacing "$12" with "$10".
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 ordered transcribed,
typed and again 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 Leitch, HOUSE BILL 3850 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; 1, Answering Present.
(ROLL CALL 21)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Brunsvold, SENATE BILL 563 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 22)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
109 [February 23, 2000]
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 Osmond, HOUSE BILL 4043 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 23)
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 Novak, HOUSE BILL 3256 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; 4, Nays; 0, Answering Present.
(ROLL CALL 24)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Myers, HOUSE BILL 4092 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; 1, Answering Present.
(ROLL CALL 25)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Younge, HOUSE BILL 3968 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
70, Yeas; 44, Nays; 1, Answering Present.
(ROLL CALL 26)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Hannig, HOUSE BILL 4030 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 27)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative McAuliffe, HOUSE BILL 4138 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 28)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
[February 23, 2000] 110
On motion of Representative Art Turner, HOUSE BILL 3223 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 29)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Lindner, HOUSE BILL 4160 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 30)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Smith, HOUSE BILL 4404 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; 1, Answering Present.
(ROLL CALL 31)
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 Wirsing, HOUSE BILL 4265 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; 1, Answering Present.
(ROLL CALL 32)
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 Holbrook, HOUSE BILL 3869 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:
112, Yeas; 2, Nays; 1, Answering Present.
(ROLL CALL 33)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Tenhouse, HOUSE BILL 4280 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 34)
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 Giles, HOUSE BILL 4593 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:
102, Yeas; 13, Nays; 0, Answering Present.
(ROLL CALL 35)
111 [February 23, 2000]
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.
At the hour of 5:40 o'clock p.m., Representative Sharpp moved that
the House do now adjourn until Thursday, February 24, 2000, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
[February 23, 2000] 112
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
FEB 23, 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
P 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 A MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
113 [February 23, 2000]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3402
SCHOOL CODE-TECHNICAL
SECOND READING - AMENDMENT NO. 1
ADOPTED
FEB 23, 2000
87 YEAS 21 NAYS 4 PRESENT
P ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS P LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS E GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY N HAMOS Y McGUIRE Y SCULLY
Y BRADY N HANNIG N McKEON N SHARP
Y BROSNAHAN N HARRIS Y MEYER P SILVA
Y BRUNSVOLD E HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI E HASSERT Y MITCHELL,JERRY N SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y 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
E 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 Y OSMOND Y WINTERS
N DAVIS,MONIQUE N KENNER N OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
P DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO N YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
N FEIGENHOLTZ Y LAWFER N PUGH A MR. SPEAKER
N FLOWERS Y LEITCH
E - Denotes Excused Absence
[February 23, 2000] 114
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2888
CRIM CD-LIMITATIONS-PROSECUTE
THIRD READING
PASSED
FEB 23, 2000
110 YEAS 0 NAYS 5 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI 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 P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS P 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 P JONES,SHIRLEY Y OSMOND Y WINTERS
P 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 P 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
115 [February 23, 2000]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3309
DISABLED-CARE WORKER PAY
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 116
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2899
WORLD WAR II MEMORIAL CHECKOFF
THIRD READING
PASSED
FEB 23, 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
Y 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
117 [February 23, 2000]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3355
PUB AID-CASH ASSISTANCE REVIEW
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 118
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3112
CIV PRO-RECORDS-COPYING FEES
THIRD READING
PASSED
FEB 23, 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
Y 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
119 [February 23, 2000]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3455
ENVIRONMENTAL HEALTH-TECH
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 120
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3169
PROP TX-EXEMPT FRATERNAL ORGS
THIRD READING
PASSED
FEB 23, 2000
100 YEAS 9 NAYS 5 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y REITZ
Y BASSI P 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 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 N HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER P SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI E HASSERT Y MITCHELL,JERRY P SLONE
Y BURKE A HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK P MORROW Y STEPHENS
Y COWLISHAW N HOWARD Y MULLIGAN E STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
N CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
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
P ERWIN Y LANG Y POE N ZICKUS
N FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
121 [February 23, 2000]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3319
SCH CD-K-5 CLASS SIZE REDUC
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 122
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4089
INTERNET VOTING-IMPLEMENT
THIRD READING
PASSED
FEB 23, 2000
61 YEAS 48 NAYS 6 PRESENT
P ACEVEDO Y FOWLER N LINDNER Y REITZ
N BASSI Y FRANKS Y LOPEZ N RIGHTER
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT P LYONS,JOSEPH N RYDER
N BIGGINS Y GASH Y MATHIAS N SAVIANO
P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN N HARRIS N MEYER P SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
N BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
N CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK N MORROW N STEPHENS
N COWLISHAW Y HOWARD P MULLIGAN E STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE N KLINGLER Y PANKAU N WOJCIK
Y DELGADO Y KOSEL N PARKE N WOOLARD
N DURKIN P KRAUSE N PERSICO Y YOUNGE
Y ERWIN Y LANG N POE N ZICKUS
Y FEIGENHOLTZ N LAWFER N PUGH A MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
123 [February 23, 2000]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3428
PROP TAXES-HISTORIC RESIDENCES
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 124
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4341
FOIA-ATTY FEES-VIOLATIONS
THIRD READING
PASSED
FEB 23, 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
Y 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
125 [February 23, 2000]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3435
SCH CD-AMENDED TAX CERTIFICATE
THIRD READING
PASSED
FEB 23, 2000
111 YEAS 4 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y REITZ
Y BASSI N FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI 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 23, 2000] 126
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3861
WLDLF CD-HUNT PERMIT-OUTFITTER
THIRD READING
PASSED
FEB 23, 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
Y 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
127 [February 23, 2000]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3989
CRIM CD-MOTOR VEHICLE-ASSAULT
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 128
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4483
BREAST FEEDING-WORK-JURY
THIRD READING
PASSED
FEB 23, 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
Y 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
129 [February 23, 2000]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3315
SCH CD-AFTER SCH PROG GRANTS
THIRD READING
PASSED
FEB 23, 2000
114 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL 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
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 23, 2000] 130
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3636
LIQ CD-BROKERS-LOANS
THIRD READING
PASSED
FEB 23, 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
Y 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
131 [February 23, 2000]
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3993
COM COL-AFDC-APPROVE LOAN ARR
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 132
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3850
STATE MED SCH ENDOWMENT FUND
THIRD READING
PASSED
FEB 23, 2000
114 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
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI E HASSERT Y MITCHELL,JERRY Y SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
P 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
133 [February 23, 2000]
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 563
HOSPTL LICENSE ACT-TECHNICAL
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 134
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4043
LIQ CONTRL ACT-VIOLATION-FINES
THIRD READING
PASSED
FEB 23, 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
Y 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
135 [February 23, 2000]
NO. 24
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3256
MOMENCE DAM TRANSFER ACT
THIRD READING
PASSED
FEB 23, 2000
111 YEAS 4 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y REITZ
Y BASSI N FRANKS Y LOPEZ Y RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI 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 23, 2000] 136
NO. 25
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4092
CNTY COMMISSIONERS-BD REVIEW
THIRD READING
PASSED
FEB 23, 2000
114 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
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI 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 P 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
137 [February 23, 2000]
NO. 26
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3968
EAST ST LOUIS DEVELOPMENT ACT
THIRD READING
PASSED
FEB 23, 2000
70 YEAS 44 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y REITZ
P BASSI Y FRANKS Y LOPEZ N RIGHTER
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS N SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI E HASSERT N MITCHELL,JERRY Y SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN E STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING
Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK
Y DELGADO N KOSEL N PARKE Y WOOLARD
N DURKIN N KRAUSE N PERSICO Y YOUNGE
Y ERWIN Y LANG N POE N ZICKUS
Y FEIGENHOLTZ N LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
[February 23, 2000] 138
NO. 27
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4030
SCH CD-ST AID-LOCAL RESOURCES
THIRD READING
PASSED
FEB 23, 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
Y 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
139 [February 23, 2000]
NO. 28
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4138
COURT CLRKS-DEBIT CARDS
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 140
NO. 29
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3223
PARKING-ADMINISTRATIVE REVIEW
THIRD READING
PASSED
FEB 23, 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
Y 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
141 [February 23, 2000]
NO. 30
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4160
PUB AID-FAMILY VIOLENCE OPTION
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 142
NO. 31
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4404
FARM DEV-LOAN PROGRAMS
THIRD READING
PASSED
FEB 23, 2000
114 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
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD P 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
143 [February 23, 2000]
NO. 32
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4265
ILL CAREER SCHOLARSHIP ACT
THIRD READING
PASSED
FEB 23, 2000
114 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
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI 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 P 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 23, 2000] 144
NO. 33
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3869
CD CORR-INMATES-TOBACCO
THIRD READING
PASSED
FEB 23, 2000
112 YEAS 2 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
N BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL 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 P PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
145 [February 23, 2000]
NO. 34
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4280
PUBLIC ACCOUNTING-ENDORSEMENT
THIRD READING
PASSED
FEB 23, 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
Y 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 23, 2000] 146
NO. 35
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4593
CRIM CD & PRO-EVIDENCE
THIRD READING
PASSED
FEB 23, 2000
102 YEAS 13 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO N MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
N 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 N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN E STROGER
N CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
N 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 N PARKE Y WOOLARD
N 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 N LEITCH
E - Denotes Excused Absence
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