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Correctional Budget & Impact Note Requested........ 9 Correctional Budget And Impact Notes Supplied...... 9 Fiscal Note Withdrawn.............................. 8 Fiscal Notes Requested............................. 8 Fiscal Notes Supplied.............................. 8 Home Rule Note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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